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HomeMy WebLinkAbout07-11-07 Special Session MINUTES OCOEE CITY COMMISSION July 11,2007, at 7:15 P.M. CITY COMMISSION SPECIAL SESSION I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Anderson gave the Invocation and led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. I B. PUBLIC HEARINGS 1. Fountains West (principal Planner Fabre) a. Preliminary / Final Subdivision Plan b. Preliminary / Final Site Plan for Lot 6 c. Developer Agreement Principal Planner Fabre gave a PowerPoint presentation. City Attorney Rosenthal said the Developer Agreement for the Fountains West Turn Lanes was referenced in the staff recommendations, but not included the packet, because it had not been finalized, but it has been distributed tonight on dais. Attorney Rosenthal added that when the PUD initially came in, the staff worked for a long time trying to get the County to expedite the West Road Realignment project, but at that time they only agreed on a temporary solution and everything else was structured around that. Since that time, the County has agreed to accelerate the permanent turn lanes, which is more cost effective for everyone. The City had issues with the developer because of conflicts with the final subdivision plan as engineered, because it was based on the temporary solution and not the permanent one; there were back and forth cost issues. He said City Manager Frank was involved in the discussions and they worked out a compromise in this agreement, which has the City assuming responsibility for the design, permitting and construction of the West Road Turn Lanes, which are going to be placed into the permanent realignment plans being done by the County. The City will have to coordinate with the County, and will hopefully enter into a contract with the County's contractor who is constructing the turn lanes. He said the City has a good relationship with the County's contractor already, so he does not anticipate any problems. In exchange for the City's assumption of responsibility, the Developer is giving the City $200,000 and relinquishing responsibility for the turn lane. After discussions with City staff, they feel comfortable that the cost will be in that ball park. Staff also recognizes that there are substantial road impact fees being paid in conjunction with this project. VHB is going to certify that their plans match up so the City does not get into a situation where the grades do not line up, etc., causing large cost increases. There are some issues with the sidewalks: the Fountains West Developer's plans show sidewalks being constructed and the County's road realignment plans show a second set of sidewalks being constructed. The City does not agree with the county's placement of the sidewalks in their plans and it makes no sense to have two sets of sidewalks, so staff is working to have the County take the sidewalks out of their plans and pay the Developer to install the sidewalks as shown in their plans. Staff does not think there will be a problem with the county removing the sidewalks from their plan, but whether or not they want to pass on the cost savings to our developer is a different question. The City supports the developer in feeling the county should reimburse them. Commissioner Hood asked if the sidewalk is going to be continued all the way down on the east side. Mr. Fabre said there will be a sidewalk there; it is required, but does not know whether it will be done by the developer or the county. The County is also agreeing that the City does not have to try to construct the temporary realignment because they will be working on the permanent one. There were legal issues being debated but they have all been resolved by this agreement. This agreement controls in the event that there is a conflict with the Plan. The Staff and City Manager feel that this is an agreement that, if favorable to the City, helps to avoid delay in the permanent West Road Realignment before next years school opens. Because this agreement has not been signed yet, there is a modification in the staff recommendation: 1) Subject to approval and execution by all parties of the West Road Turn Lane Development Agreement with all applicable joinders in consent by mortgage holders, etc. and the applicant has agreed with that, 2) Subject to the closing of the Conveyance of Deed of the additional West Road Right of Way to Orange County, necessary to the permanent solution. The Developer has delivered the deed to the County. The County has the deed and will take 6-7 weeks to cut the check and do the paperwork, 3) Subject to receipt of an updated Title Report acceptable to the City Attorney (as stated in the Legal Comments), which staff does not have yet, but knows that the Title is in Ocoee LLC. Mayor Vandergrift opened the Pubic hearing. Anna Long, attorney for Fountains West from the law firm of Lowndes, Drosdick, Doster, Kantor & Reed said she was present with Joseph Kolb and Jim Baysinger from VHB Engineering to answer any questions they may have. She thanked staff for working with them on items that were delaying the site plan. She said they concur with the additions to the staff report that were read into the record; the attorney did discuss those issues with them before the meeting, and they would like a copy of the revised report. She asked that there is still an issue regarding impact fees, even with the assistance given them so far, they are still hopeful they will be able to work this out with City staff. Lisa Costin, resident of the Vineyards 1) said she was concerned about where the delivery trucks will be entering and exiting. As a member of the HOA, she said she would prefer they enter from West Road so they would not interfere with traffic in front of the Vineyards. Mayor Vandergrift said the parking lot is large enough that there would be no reason for trucks to stage in the road. 2) Ms. Costin said she is concerned about the type of restaurants; specific types of restaurants may by louder and stay open later than others. Joe Kolb of VHB said he is not sure what will be on those lots nearest to the Vineyards, but they will be in accordance with the Code which is restrictive, and the HOA will be noticed prior to approval. 3) asked if the Fountains West entryway across from the Vineyards will cause more safety issues for residents trying to get directly across to Publix. Mayor Vandergrift said that this will become four lanes soon, and growth will be causing a traffic slow down, we will monitor the situation as growth occurs. Mayor Vandergrift closed the Public Hearing. Commissioner Hood. seconded by Commissioner Keller moved to approve the Preliminary Final Subdivision Plan and Preliminary/Final Site Plan for Lot 6 per staff recommendations and modified by City Attorney Rosenthal to include the followina conditions: 1) Subject to approval and execution by all parties of the West Road Turn Lane Development Aareement with all applicable joinders in consent by mortaaae holders. etc. 2) Subject to the closina of the Conveyance of Deed of the additional West Road Riaht of Way to Oranae County. necessary to the permanent solution and 3) Subject to receipt of an updated Title Report acceptable to the City Attorney. Motion carried 4-0. with Commissioner Johnson out of the room. Commissioner Hood. seconded by Commissioner Anderson. moved to approve the Development Aareement with Ocoee LLC reaardina Fountains West Turn Lanes and authorize execution thereof by the Mayor and City Clerk. I C. FIRST READING - ORDINANCES 2. Pioneer Key Regional Stormwater Pond (principal Planner Rumer) a. Annexation b. Rezoning Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 4.53 +/- acres of land known as the Pioneer Key Regional Stonnwater Pond parcel, and also adopt the ordinance to rezone the property to "C- 2 "Community Commercial." City Attorney Rosenthal read the title of the annexation ordinance. City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift announced that the second reading and Public Hearing will be held on July 17,2007, at 7:15 p.m. or as soon thereafter as may be heard. I D. REGULAR AGENDA 3. Set Workshop and Hearing Dates for the FY 07108 Budget. (Finance Director Horton) Workshops are held during August to discuss the proposed budget for the upcoming fiscal year. Public hearings are required by the TRIM act and serve as a mechanism to notify the citizens of the proposed budget and allow their comments. Staff recommends at least two of the following dates be selected for the budget workshops: August 8,9,13,15,27,29. Staff recommends the commission select one combination of dates from the following for the public hearings: September 11'11 and 24th, September 13th and 24th, September 17th and 25th. All meetings will begin at 7:00 p.m. Consensus of the Commission was to set the Budaet workshops for Auaust 9 & Auaust 13.2007. Consensus of the Commission was to set the Budaet Public Hearinas for September 13 & September 24. 2007. 4. Set Proposed Millage Rate for FY 07108. (City Manager Frank) The TRIM Act requires local governing bodies annually to set a proposed millage rate during the month of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax levies for the next year. This rate can be lowered during the budget hearings in September. Finance Director Horton advised that the TRIM ACT requires that the City set a proposed millage rate for FY 07-08 budget. She said State Legislature passed HB 1 during their recent session and this bill was designed to 1) reduce ad valorem taxes for property owners and 2) cap future property taxes by providing for a maximum millage rate that can be levied by the governing body with the majority vote. This maximum rate will be a reduction to the current 4.6295 millage rate. The law also establishes levels of approval by the governing body in setting the millage rate. The city can set the proposed millage rate for FY 07/08 at the current 4.6295 rate, with the unanimous vote of the commission. The City Manager will be presenting a balanced budget at a lower millage rate, but we recommend the commission set the proposed millage rate at the 4.6295 with a unanimous vote, which will allow greater flexibility during the workshops. This rate can be lowered during the workshops in September. Mayor Vanderarift. seconded by Commissioner Keller. moved to approve the proposed millaae rate at 4.6295 as recommended by staff. Motion carried unanimously. 5-0. 5. Approval of Resolution for Suntrust Commercial Card Agreement. (Purchasing Agent Tolbert) The City Commission awarded the Commercial Credit Card Agreement to Suntrust at the June 5, 2007 City Commission meeting. Suntrust requires the City Commission to approve a formal Resolution before purchasing card services can begin. Staff recommends that the City Commission approve the Resolution and authorize the Mayor and City Clerk to execute the Resolution. Finance Director Horton advised that the Commission awarded the Banking Services RFQ to SunTrust at the June 5, 2007, Commission Meeting. This resolution tonight represents part of the documents they require before services begin. Mayor Vanderarift. seconded by Commissioner Anderson. moved to approve adoption of Resolution Number 2007-004 approvina the Suntrust Commercial Card Aareement. Motion carried 4-1. with Commissioner Johnson opposed. The resolution as adopted carries the following title: RESOLUTION NO. 2007-004 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING SUNTRUST BANK TO ESTABLISH AND MAINTAIN A COMMERCIAL CREDIT CARD ACCOUNT IN THE NAME OF THE CITY OF OCOEE, FLORIDA.; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Emergency Item - Public Records Request to the School Board of Orange County Mayor Vandergrift asked the status of the records request that was made by Orange County. City Clerk Eikenberry advised that they called today and approved the lower cost option with the emailsandotherelectronicfilesondisk.This option was slightly over $400 as opposed to $3300 if all emails and email attachments were to be opened and printed. Mayor Vandergrift read into the record the two public records requests that were submitted by Orange County Public Schools. He questioned the vague wording on the second request regarding contact with "any member of the public" which he felt opened up all of his personal records. City Attorney Rosenthal said that it was our understanding that it was within the scope of the first request and included only those items with regard to the schools. Mayor Vandergrift asked why there was a need for a second request and who is deciding that this should be done and why. He said he would like to see a letter from the attorney stating that this records request is being made solely on his own, and any request on behalf of the school board would be done in Public so the Citizens have the right to comments. Commissioner Keller said he feels that this is in direct response to the lawsuit against them by SOCS group of Ocoee residents and he is not surprised. Commissioner Keller said his subpoena to testify included the names of the other members of SOCS, but he does not know if anyone else has been given a subpoena. He said he knew they would eventually question his numbers because they doubted that they actually came from the School Board, but that is what he used. The deposition was postponed because of the volume of documents they got from the City. City Attorney Rosenthal said he agrees that they are responding to the lawsuit and added that for a public records request, the requestor does not have to state the purpose for the request. City Attorney Rosenthal also added that he did give the attorney for the SOCS permission to speak directly with Commissioner Keller in preparation for the deposition. He said his firm will assist him or attend if he feels that it is necessary, though it does not appear to be at this point. Mayor Vandergrift asked City Attorney Rosenthal if the school board has gone into mediation as of yesterday, and Mr. Rosenthal said he did not discuss the case with them. Mayor Vandergrift stepped away from the dais Laura Keller, 5021 Lighterwood Court, said she has been aggravated with all of this business and she has decided to run for the School Board. She has petitions with her if anyone can sign them. She knows families are being split because their teenagers are going to different schools and different functions. Parents are having a hard time transporting kids and being available for events at different schools. Commissioner Anderson said he still does not understand what the Mayor is looking for by submitting a public records request to the School Board; he does not feel we need those records. Commissioner Keller said he thinks he is trying to determine what happened with the decisions regarding Evans and how it went from a rebuild to a brand new school. City Attorney Rosenthal said as a public body, when they make a records request, they should have a plan or strategy for what they are going to do with the box of documents once they get them. Even if their request was intended solely to harass them, he would not advise that they act in kind. Secondly, he assumes that the bulk of their documents would be much more extensive and probably on paper, so they are under no obligation to provide it in electronic format and it could cost thousands. If the Commission wants to pursue this request, his firm or City staff will be happy to search for various documents that will follow that direction, but they should know what they are looking for before they make the request. The City asked the school board if they wanted the emails in electronic or paper form, because that is Ocoee's normal procedure, but could not negotiate with them to do the same. Mayor Vandergrift asked City Attorney Rosenthal to inform him when he has been in contact with the school board. Commissioner Keller said he wanted to clarify that he did not recommend one way or the other that his wife run for the School Board, which was her decision alone. He said he supports her decision; she has been involved with schools in the area for 10-12 years and is very knowledgeable. He said he does not think they would gain anything by submitting a records request. What is their purpose? Are they focusing on the Evans new school as opposed to the rebuild and trying to prove the money would be better used at Ocoee High School or somewhere else? Mayor Vandergrift inquired what they thought the School Board had in mind and what they are looking to prove. Commissioner Keller said he thought they were looking at the numbers they presented, and his emails and presentations always questioned their procedures and their statistics. Mayor Vandergrift suggested looking beyond this case because the School Board is looking for things that are not just tied to this case, but trying to prove they violated the Sunshine Law. Commissioner Anderson said he thought they were trying to disprove all of the points that Commissioner Keller and Mayor Vandergrift have been making about their process. Commissioner Hood believes they intended to harass and to prove that the Sunshine Law had been violated. Commissioner Johnson said they are trying to prove that they have a bigger hammer. Laura Keller said there has to be a better solution to Evans, if they are willing to spend $100 million for a building, there has to be something they can do to better help those kids. There is a failing school in California that has been turned around academically. Mayor Vandergrift said Jones is beginning to turn around; Edgewater High School does not want to be moved, so they are spending $3-5 million an acre to buy the shopping center and mobile home park to keep it there. Edgewater has the same problems as Evans; however they are handling the situations completely different. Commissioner Anderson said if the transfers had not occurred out of Evans, they would have a higher score. Mayor Vandergrift added that they could try paying the students with high grades to tutor the other students. There are many things that can be done to improve a failing school, though suggestions are routinely ignored by the School Board. He asked the Commission to look at the request, not with a goal in mind, a fact seeking mission to look for what information might be there. For instance, it would be nice to know the time frame when they received the tax increase vs. when the decision to move Evans occurred. They have many subcommittees that are not keeping any minutes. I ADJOURNMENT The meeting was adjourned at 7:19 p.m. Attest: APPROVED: City of Ocoee ..c:::::::::::... ::' c:::-.:5 S. Scott Vandergrift, Mayo