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HomeMy WebLinkAboutItem #01 Approval of Minutes of 8/18/09 ~ MINUTES OCOEE CITY COMMISSION August 18, 2009, at 7:15 P.M. REGULAR CITY COMMISSION MEETING 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 Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Hood. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson (absent). Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I B. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift recognized the Mayor of Maitland, Doug Kinson, in the audience. Legislative Update - Fred Leonhardt, Robert Stuart and Chris Carmody gave an overview of the recent legislative session. They distributed a summary ofthings that occurred in 2009. He added there is talk of an upcoming special session to discuss the Indian casino gambling issue, but other things could be added to the agenda at that time. Commissioner Johnson said that he can read the legislative reports but he would like them to answer the question of where the money is coming from. Mr. Carmody said one of the biggest things they worked on was the raid of the transportation trust fund; $120 million was still lost, but the possibility of losing $420 million was evaded. They have been in communication with the FDOT regarding the projects with the City of Ocoee, particularly with SR50, but this year there was no money. There is 10 billion dollars cut from the budget (63 billion vs. 72 billion) from where we were two years ago. It appears that things are beginning to hold steady; working on the Ocoee priorities now, eight months out, from the next session. Mr. Stuart added that they would like to sit down with the Commission and staff and prioritize and strategize the transportation projects as well as other projects. Commissioner Keller said he worked with our three lobbyists in Tallahassee and one of the things where we get money back is killing the T ABR Bill (Taxpayer Bill of Rights). That Bill straps the cities at a time when it is easy for Tallahassee cut the cities and keep the money at the state level. He also said that unemployment is almost bankrupt and he is hearing rumors of 25% tax increase to businesses. We need to prevent that because that would put small businesses out of business. It does not hit the cities pocket directly, but does hit the citizen's pocket. Hometown Democracy - Ryan Houck with Floridians for Smarter Growth Mr. Houck said that the bad news is that "hometown democracy" it has qualified for the ballot on June 22, 2009, as Amendment 4. He said there is no limiting language in it; it would be an end to all coordinated public planning as we know it, everything goes on the ballot. It would not be unusual for cities to have 200-300 Comp Plan changes on a single ballot. He said the best case study is the City of St Pete Beach, who adopted a local version of Amendment 4 "giving the people a say on growth." That is not what happened. This is a tourist --- City Commission Regular August 18, 2009 town, most buildings constructed in 1950s, and the council was powerless to change code to revitalize the down town area, which has now become a ghost town. Many local businesses were trapped in a legal limbo; they could not update their properties because to do so would trigger lower density requirements and force them to close their doors. They had stringent limitations placed on them by Amendment 4. Two years after this was adopted a group organized called SAL V-Save Our Little Village, a coalition of business organizations, local officials, planners and ordinary citizens. Their purpose was to put 4 Comp Plan changes on the ballot and the voters overwhelmingly approved in an election of June 2008. As soon as the election was over, anti-growth activist filed a lawsuit to overturn the results of a free and fair election. There have been over 12 separate legal actions delaying or denying the manifest goals of the people in St. Pete Beach. This small town of 10,000 has already acquired $500,000 in legal fees related to this bill. He added that this bill is not designed to give voters a say, it increases the influences of special interests on both sides of the debate. The future of growth management in Florida with this amendment is one of "politicalization"; as we turn some of the most important growth decisions into 30 second sound bites. Mayor Vandergrift explained that the Comprehensive Plan is what mandates that in order to grow you have to have certain amount of water, sewer, transportation, police/fITe protection etc. and it has to be updated every five years. He said it is very complicated and trying to get normal residents to understand it and vote on it is inconceivable to him. Commissioner Keller wished Mr. Houck good luck with making voters understand that this should be left up to experienced professionals and not the general citizenry. He felt that Amendment 4 needs to be defeated as well. Mr. Houck emphasized that in this economy this will discourage national firms from coming to Florida because of the 12-24 month Land Use Plan approval process and an expensive political campaign that would be involved. Ocoee Symphony Steering Committee Presentation - Carolyn Alexander and Myra Kinnie Ms. Kinnie showed a video of the symphony and stated that this symphony of 60 people comes from Lake County. She said they are asking for the Commission's endorsement and possibly allowing them to use the city logo when they write a letter. They would like to have an event on February 20, 2009 at Ocoee High School. She introduced Symphony founders Guy St. Claire and Audrey Sanders. Ms. Sanders said communities who invite a symphony also invites culture and business opportunity. Ms. Kinnie said they would like to hold the event on February 20, 2009 to test the waters and see if people are interested. Mayor Vandergrift said the committee feels they can raise the money to bring the symphony, but it will help to have the city's endorsement. He stated they originally wanted to hold an outdoor event at the gazebo, but realized it is too difficult to do that and it has been scheduled to take place at Ocoee High School. Commissioner Hood. seconded by Commissioner Keller. moved to support the concert on February 20, 2009, and allow the steerinQ committee to use the city's 10Qo in promotional brochures reQardinQ the event. Motion carried 5-0. Ocoee Town Shops Presentation. (Development Services Director Shadrix) David Evans, Evans Engineering, gave a presentation of the project that will come before the Commission at a later date. He said he would like Commission feedback as to what they would like them to look at prior presenting it to DCA and bringing the project back to the Commission. Commissioner Johnson and Commissioner Hood felt that this should not have been done in the presentation format. Page 2 of 10 - City Commission Regular August 18, 2009 Henry Nehrling's Garden Groove Benefit - Chelsey Devine-Blake Ms. Devine Blake stated that they have a fundraiser event for Nehrling's Garden planned for September 19, 2009 at another location but requirements from Orange County Parks and Recreation restricting attendance is causing them to look for a new location. They asked if they could hold the event at Bill Breeze Park and use the gazebo for a kid's zone. They said everything is ready to go: insurance, stage, sound technicians, performers, etc. They cannot change on that date because of all the bands that are participating. There was discussion with regard to the event, fees, liability insurance, road and boat ramp closures and cleanup as well as the close time frame to the Founders' Day event. HR Director Carnicella said the Nehrling's Garden people as well as the vendors will have to prove liability insurance. City Manager Frank mentioned using the city logo on their advertising brochure. City Attorney Rosenthal cautioned that we do not want them placing our logo on anything until all of the insurance documents in place. Mavor Vandergrift, seconded bv Commissioner Wilsen moved to approve the Nehrling's Garden Groove Benefit, including the signing of a contract to include the costs and cleanup of the event. Motion carried 3-2, with Commissioner Johnson and Commissioner Hood opposed. **Note, this item was brought back up for reconsideration at the end of the meeting under commission comments and a new motion was made. Proclamation - Ocoee Fire Fighter's Appreciation Week - Sept. 6th_12th. (Mayor Vandergrift) Postponed until September 15,2009 meeting. I C. COMMENTS FROM CITIZENS/PUBLIC none I D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank said in accordance with City Code he is informing the Commission of emergency repair situations. During the week of August 2nd the sewer gravity main under State Road 50 in the turn lane in front of Westgate Resort failed. After assessing the situation they were able to get in contact with contractor R. A. Scott, who as also doing the Blad..'Wood Ave. reclaim project. R. A. Scott was able to make a temporary repair and will begin making the final repairs sometime tomorrow and will be completed within 2-3 days. City Manager Frank said the contractor will be placing the manhole structure and they can expect traffic delays, as well as a fairly significant final impact. They will bring the final cost to repair information to the next commission meeting. City Manger Frank announced the Irrigation Timer Exchange Program that the Utilities Department is introducing. The Irrigation Timer Exchange Program will allow any resident with an old or outdated irrigation timer to exchange it for a new more efficient one. Staff will also be assisting residents in programming the timer. For more information you may contact Diana Page 3 of 10 - City Commission Regular August 18, 2009 Wagner in the Utilities Department at 407-095-3100 ext. 4009. Since this is a pilot program it will be limited to the fIrst 100 residents that call. City Manager Frank reminded everyone that the second Budget Workshop is tomorrow at 6:00 p.m. in the City Commission Chambers and the public is welcome. The Public Hearings are scheduled for September 9th and 23rd at 7:00 p.m. City Manager Frank announced that they are requesting for Item #11 the Fountains at Highland Park to be pulled from the agenda this evening. He further announced that there is an emergency item being requested to be heard regarding the Ocoee Carrier Annex for the U. S. Postal Service. They are also requesting that the commission review the new revised staff report for Contract for Police Communication Services from the City of Apopka since the staff report in their agenda books did not have the contract attached to it. Mayor Vandergrift declared the Ocoee Carrier Annex for the U.S. Postal Service an emergency and inquired if everyone understood what it was regarding. Commissioner Hood, seconded bv Commissioner Keller, moved to approve the Ocoee Carrier Annex for the U.S. Postal Service per staff recommendation. Motion carried 5-0. I E. COMMISSIONERS ANNOUNCEMENTS - 1) announced the West Orange Girl's Softball Fast Pitch is doing a sign- up this Saturday, August 22nd from 10am-lpm., as well as, on Saturday, August 29th from 9am- 12pm, 2) announced the Ocoee Fall Baseball is doing sign ups Friday, August 21st from 6pm- 8pm, and Saturday, August 22nd from 9am-l pm. Registration fee is $50.00 and they are asking for residents to bring one non-perishable food item, 3) announced that Ocoee High School has Open House this Thursday, August 20th from 10am-6pm and Ocoee Middle School as Open House starting at 6pm, as well, and 4) announced that the Ocoee 8th Grade Baseball Team will have their last try-outs on Monday, August 24th at 5:30 pm at the Ocoee Sorenson Field. ~!i!iID!;slQ!l"~~j.l~rq - announced that the Lake Prima Vista meeting on Monday, August 10th had about 75 friends and neighbors of the lake that were present. She stated that the input and shared information she received supported the following fIndings: 1) everyone agreed the lake was an asset to be enjoyed, 2) the shore erosions appears to be from boater's causing a wake in areas that are designated a "no wake" zone, and 3) there is no present need to change the various laws but they simply need to enforce the existing regulations and educate the boater's on the lake. She further said the main compliant to the lake appears to be the high speed of both motorized boats and jet skis that cause a wake in a "no wake" zone or within a 100 ft. of the shore and the canal that connects Lake Prima Vista to Starke Lake. Commissioner Wilsen stated her recommendations are that they aggressively increase marine patrol on the lake; they replace the "no wake" signs with bigger and better "no wake" signs, as well as, the speed limit signs; and track the number of violations in detailed monthly reports and present them to the City Commission. Mayor Vandergrift advised neighbors in that area that if they saw anyone doing Page 4 of 10 - City Commission Regular August 18, 2009 violating laws on boats or jet skis to try to get the boat hull numbers. Commissioner Wilsen thanked everyone who came out to the meeting and said they had a great dialogue. Police Chief Brown announced that they have talked about a schedule today, which would allow them to be out on the water more often. Mavor Vanderarift stated that without obiection he would like staff to look into the new sianaae for the lake. ~IiiliiissioiiJl~ - 1) announced that at the Ocoee High School on August 21 st at 7pm they are going to have a charity benefit for Andrew "Andy" Austin. Mr. Austin lives in the city and has recently been diagnosed with leukemia. The Music Director at Ocoee High School has helped put this benefit together. They will have some people from Disney to perform; Toxic Audio will be present, as well as, quite a number of other performers. Commissioner Keller stated he believes it is a $20 donation, 2) announced the Parks and Recreation Department along with the Orange Seniors will be hosting a Casino Night on September 19th at 6 pm at the Jim Beech Recreation Center. I F. CONSENT AGENDA Approved on Consent. Motion carried 5-0. Bids were received for the construction of a reclaimed water distribution system within an existing residential subdivision that is already substantially occupied by residents. This retrofit project will utilize directional boring methods so as to reduce the amount of surface damage and restoration work required. Preservation of existing utilities and private property is an important aspect of the work. Staff recommends that the City Commission award the bid to Cimarron Construction, Inc, in the amount of$191,068.50. Approved on Consent. Motion carried 5-0. Jyg g !,,, The City intended to award a contract for the W edgewood' Commons & 'Whitehill Reclaimed Water Retrofit projects. The bid was advertised on June 14, 2009, and opened on July 15, 2009. There were (14) fourteen responses to this bid. The Engineering and Finance Departments reviewed the 14 bids received. Staff recommends rejecting all bids due to the low bid being unbalanced as the bidder bid $25,000.00 for a line item that should not have exceeded $100.00. The second low bid was more than $100,000.00 difference in price; therefore, Staff considers it to be in the best interest of the City to clarify and revise the bid documents and re- bid this project. Approved on Consent. Motion carried 5-0. A traffic enforcement agreement is required by Florida State Statutes 316.006(2) (b) for the Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivisions. Towns ofWestyn Bay Community Association is requesting such an agreement. Approved on Consent. Motion carried 5-0. Page 5 0 f 1 0 City Commission Regular August 18, 2009 $10,412.00 has been awarded to the Ocoee Police Department through a Grant from the Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Program to purchase two Toughbook computers for the police motorcycles. Approved on Consent. Motion carried 5-0. '- The City of Ocoee was notified by Orange County on May 24th that the City will receive $1.2 million in Federal Community Development Block Grant funds for rehabilitation of the Pioneer Key I Mobile Home Park in FY 2010. It is a condition oftbis grant that the City provides the design documents, advertise the project for competitive bids, and supply construction management and inspection services. The overall project will reconstruct the sanitary sewer system, improve stormwater facilities, reconstruct roads and sidewalks, and replace Lift Station 22 at a new location. The City's Adopted FY 2009 Budget includes $135,000 for Pioneer Key I roadwork. Approved on Consent. Motion carried 5-0. I G. PUBLIC HEARINGS J: The proposed site of the Casa Mirella Subdivision and Site plan was annexed as the Belmere Planned Development (PD) by the City of Ocoee in April of 2008. The Belmere PD consisted of 216 multi-family units, 85 unit Adult Living Facility CALF) and up to 42,960 sq. ft. of commercial. Two retail buildings consisting of 26,960 sq. ft. have been constructed under a previous permit from Orange County. The remaining site contains approximately 22.88 acres. The subject property is located on the southwest corner of the intersection of Roberson Road and Maguire Road. The PreliminarylFinal Subdivision Plan - PreliminarylFinal Site Plan proposes the construction of 16,000 square feet of retail and 216 multi-family units. a. Preliminary/Final Subdivision Plan for Phases II, III, IV, & V b. Preliminary/Final Site Plan for Phases II, III, & IV Principal Planner Rumer introduced the case and gave an overview. He advised that staff recommended approval of the PreliminarylFinal Subdivision Plan for Phases II, III, IV, & V and Preliminary/Final Site Plan for Phases II, III, & IV with eight conditions of approval. The applicant must provide 1) deeds for tracts to the Property Owners Association (P.O.A.) 2) all drainage easements 3) Declaration of Cross parking 4) all easement terminations 5) Articles of Incorporation for the P.O.A, 6) the Bylaws for the P.O.A, 7) the Declaration of Restrictive Covenants, and 8) the applicant provides a Title Report. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Johnson, seconded bv Commissioner Keller, moved approve Preliminary/Final Subdivision Plan for Phases II, III. IV, & V and Preliminary/Final Site Plan for Phases II, III, & IV with eiQht conditions of approval as recommended bv staff. Motion carried 5-0. Page 6 of 10 City Commission Regular August 18, 2009 The subject property is approximately 20.89 acres in size and is located on the west side of the intersection of Lakewood Avenue and Laurel Ridge Avenue. The PreliminaryIFinal Subdivision/Site Plan proposes the construction of a light industrial subdivision that will contain an addition to the existing FX building, flex space units, and office space. Mayor Vandergrift opened the Public Hearing. Commissioner Hood. seconded by Commissioner Wilsen was moved to continue this item until the next regular Commission Meeting on September 15. 2009. at 7:15 or as soon thereafter as practical. Motion carried 5-0. I H. SECOND READING OF ORDINANCE - PUBLIC HEARING The City's Land Development Code (LDC) does not specifically defme or list transfer stations in the permitted use regulations, as most Industrial uses are grouped into either the 1-1 (Restricted Manufacturing and Warehousing) or the 1-2 (General Industrial) zoning classifications. In order to more adequately site transfer stations, staff is proposing to amend the City's LDC regulations for transfer stations. a. Addition to Defmition in Article II, Subsection 2-4 b. Change in Article V, Subsection 5-7 Public Building and Services c. Change in Article V, Table 5-1 Permitted Use Regulations City Attorney Rosenthal read the title of the Ordinance. Principal Planner Rumer said nothing has changed since the presentation at the fIrst Public Hearing. Mayor Vandergrift opened the Public Hearing. No one wished to speak. Commissioner Keller, seconded. by Commissioner Johnson was moved to adopt Ordinance 2009-021, approving Changes to the Land Development Code with regard to regulations for transfer stations per staff recommendations. Motion carried 5-0. The ordinance as adopted carried the following caption: ORDINANCE NO. 2009-021 A..N ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CERTAIN PROVISIONS OF THE OCOEE LAND DEVELOPMENT CODE; AMEl'.'DING SECTION 2-4 OF ARTICLE II OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE REGARDING DEFINITION OF TERMS BY ADDING A DEFINITION OF TRANSFER STATION; AMENDING SECTION 5-7 OF ARTICLE V OF CHAPTER 180 REGARDING PUBLIC BUILDINGS AND SERVICES IN ORDER TO EXCLUDE TRANSFER STATIONS; AMENDING TABLE 5-1 OF ARTICLE V OF CHAPTER 180 TO PROVIDE PERMITTED USE REGULATIONS APPLICABLE TO TRANSFER STATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Page 7 of 10 City Commission Regular August 18, 2009 11. REGULAR AGENDA The police department is asking to enter into a contract with the City of Apopka for police communication services. The current Ocoee Police Department communications personnel budget is $708,670. In order to reduce the cost of communication services, the City of Ocoee has researched contracting the City of Apopka to provide all communications services through the City of Apopka Communications Division. Entering into this contract for communication services would reduce cost for communications services. This item was moved up on the agenda before items 7-9. Police Chief Brown gave a PowerPoint presentation highlighting the background, stakeholders, equipment and resources, costs for in-house vs. contracting, and personnel issues. The following employees spoke in favor of keeping police communications in-house as opposed to contracting with Apopka: Robin Bushey, Mary Eastman, Lisa Alicea, Kim Kazmarek. Brian Thomas, 1520 Prairie Lake Blvd, stated concerns about immediate savings vs. long term savings once this five year contract expires and asked if they researched to see if other cities with our projected population of 75,000 had been successful at out-sourcing police communications. City Manager Frank stated that a full cost accounting has been done that considered long and short term; stated there are many cities with a population of 75,000 and higher that are very successfully dispatched by other government agencies. Mayor Vanderarift. seconded by Commissioner Hood moved to move forward with the Police Communications Contract with Apopka as recommended by staff. After further discussion, the motion carried 5-0. On November 18,2008, the City Commission approved a PUD/Rezoning and Preliminary Site Plan for the Fountains at HigWand Park project. To accommodate this project and reduce the number of billboards on the Turnpike the Developer has agreed to replace two (2) existing billboards with one (1) LED billboard. Accordingly, the Development Agreement addressed certain permitted uses, granted various waivers, set conditions of approval and addressed the replacement of aforementioned billboards. This Agreement was a coordinated effort between Clear Channel Communications, the Developer and the City. During the approval of the existing agreement, the City Commission negotiated face time on the new LED billboard with the agreement that the City would receive twenty-six, 2 week increments of regular face time, but would be responsible for the cost of revising the copy. It is estimated from Clear Channel based on comparables that this cost could be between $35,000 and $50,000 annually to the City for the graphic copy revisions. The developer has proposed a revision at no cost to the City that would include five 2 week increments and unlimited face time in the event of emergencies. The revised Development Agreement executes these changes only. This item was continued to a time certain on September 15, 2009, at 7:15 p.m. or as soon thereafter as may be practical. Page 8 of 10 City Commission Regular August 18,2009 The West Orange Chamber of Commerce is requesting the name of our representative to the Chamber Board for 2010. Our current representative is City Manager, Robert D. Frank. Mr. Frank has indicated he is willing to serve another year as our representative. Commissioner Johnson. seconded by Commissioner Wilsen, moved to reappoint City Manaaer Frank as the City's representative to the West Oranae Chamber of Commerce Board for the year 2010. Motion carried 5-0. I J. ST AFF ACTION ITEMS None I K. COMMENTS FROM COMMISSIONERS - none - inquired if he could bring back the Henry N ehrling's Garden Groove Benefit for discussion. He further said he does not think they should do this event at the Bill Breeze Park 20 days before Founder's Day. He has spoken with staff and the participant's about doing this event at Freedom Park which is closer to Gotha. Commissioner Wilsen inquired as to when the electrical work is being done at the Bill Breeze Park. Commissioner Johnson said it is unknown at this time as to when they will be done. Last year they had the electrical done the day before the event. Chelsey Devine-Blake stated they understand the problem and are completely willing to move it to Freedom Park because it is closer to their garden. However, if they agree to move their event they are asking the City to help find them a parking solution. Commissioner Johnson said he will work with them on the parking and we will help them work it out to be done in Freedom Park and even help them try to raise some money. Parks and Recreation Director Hayes said he can meet with them tomorrow to work out details and to consider other locations. Commissioner Johnson said he would go see the principal of Thomebrooke Elementary regarding the parking situation. Commissioner Keller, seconded by Commissioner Wilsen, moved to reconsider the previous motion approvina the Henry Nehrlina's Garden Groove Benefit at the Bill Breeze Park. Motion carried 5-0. Commissioner Keller, seconded by Commissioner Hood, moved to work with participants of the Henry Nehrlina's Garden Groove Benefit to hold the event at Freedom Park and if that was not possible then have staff work with them on havina the event at the Vianetti Park or Jim Beech Center. Motion carried 5-0. - announced that the Movie by the Pool is this Friday night at 8:30 pm at the Jim Beech Center and they will be featuring the movie "Race to Witch Mountain." - announced that there has been some discussion with staff regarding the Coke Property and developing it. A week ago it was brought to his attention that they will need to bid this out. He briefly explained some of the multi-purpose proposals he came up with and Page 9 of 10 City Commission Regular August 18, 2009 provided the commission with a hand-out that was put together. He further said if there is no way they can put this out for a bid then they should put it out for a proposal. Moving the property forward will benefit the City. Commissioner Hood inquired if any food vendor spaces where open for Founder's Day because he had someone call him interested in renting a space. Commissioner Johnson said he believed they were completely out of spaces but would check to see what they have available. Commissioner Wilsen announced that the Market Place has spaces open but she is not sure how many spots are available; however, residents can go to the city's web site for information, as well as, download a vendor application. I ADJOURNMENT The meeting adjourned at 10:27 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Pagel0ofl0