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HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION February 2, 2010, at 6:00 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 6:00 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, and led by Commissioner Wilsen. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I B. PRESENTATIONS AND PROCLAMATIONS Proclamation to Maryanne Swickerath for Her Years of Service with the West Orange Times. (Mayor Vandergrift) Proclamation for Boy Scouts of America, 100th Birthday - accepted by Antoine LaFontant Presentation to Red Cross and Continental Group. (Deputy Chief Stanley) pulled from Agenda Update on Bordeaux Condominium Fire on January 4, 2010. (Deputy Chief Stanley)- Deputy Chief Stanley stated that the Continental Group Management Company has placed about 11 families back at the condominium and the Red Cross is helping 9 families. The Fire Station has been a designated drop off point. Mayor Vanderqrift. seconded by Commissioner Keller. moved to declare surplus. a list of 14 laptop computers for donation to Bordeaux Condominium. Motion carried 5-0. Mayor Vandergrift presented to the residents of the Bordeaux Condominium, 14 laptop computers to the victims of the condominium fire. IS Manager Ross was present to distribute the computers to residents. I C. COMMENTS FROM CITIZENS/PUBLIC Tayler Skipper, of Ocoee Girls Softball, asked the City to donate money for clay for the field. Ms. Skipper stated the price for 18 yards of clay had been priced at $180 and $400 from two different vendors. Commissioner Johnson. seconded by Commissioner Hood. moved to approve the donation of $180 to the Ocoee Girls Softball team for the purchase of clay for the ball field. Motion carried 4-1. with Commissioner Wilsen opposed. City Commission Regular February 2, 2010 I D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank gave the following reports: 1) The Women's' Club of Ocoee has requested sponsorship from the City for their 861h Annual Luncheon and Fashion Show on Saturday, March 6, 2010. He stated the have purchased a silver sponsorship in the past, which consists of advertisement in the inside cover of the program and two tickets to the luncheon for $250.00. Commissioner Hood, seconded by Mayor Vanderarift. moved to purchase a silver sponsorship for the Ocoee Women's Club Luncheon and Fashion Show in the amount of $250. Motion carried 4-1. with Commissioner Wilsen opposed. 2) Federal Legislative Consultants from Alcalde and Faye suggested that City officials make a trip to Washington D.C. to assist with pushing our legislative agenda. Commissioner Keller stated that it has been worthwhile in the past to speak face to face with the congressmen and senators and said he is interested in going again this year and that February 25, 2010 would be a good date for him. Consensus of the Commission was to allow Commissioner Keller to represent the Commission in Washinaton D.C. on February 25. 2010. 3) Women's Self Defense Awareness and Familiarization Program on February 20, 2010.This is a three hour course; participants must be at least 13 years of age. Contact Ms. Wagner at 407-905-3160 Ext 3042 for more information. 4) Wedgewood Commons and Whitehill Subdivisions reclaimed water service update: The pre- construction meeting 5) Clarke Road Reconstruction Project - there will be a meeting tomorrow and construction should start at the end of the month. We will be communication with businesses in the area and using the programmable signs to notify drivers in the area. Mayor Vandergrift asked about the medians. Public Works Director Krug said they are holding off in order to tie into the reclaimed water so White Road to Silver Star will be on reclaimed prior to re- landscaping. 6) Updated on Commercial Solid Waste Franchise - Mr. Krug said Wasteworks begun service yesterday. They are holding weekly meetings with both vendors until the transition is completed, the city received the signed amendment to the contract from Waste Works; 10 customers who were without dumpsters due to one of Waste works trucks breaking down had them by the end of the day; Veolia still has 15 containers that need to be removed; there are 25 containers from Wasteworks that are not labeled yet; all the compactors have been swapped out; Wasteworks have notified customers with their vendor and billing information; Wasteworks invoiced the city for our service which is included in the franchise agreement and that is being straightened out; the new bond or letter of credit should be received by this Friday. At the meeting tomorrow they are going to discuss coordinating the removal of the rest of Veolia's dumpsters, verify that the billing is correct, review service calls from Page 2 of8 City Commission Regular February 2, 2010 customers, review the cost from Veolia for their extended service this month, and make sure the letter of credit is in by Friday. City Attorney Rosenthal stated he has been working with their attorney, Mark Thompson, on a performance bond or letter of credit; both have been approved by the city and we are expecting to get it later this week. Commissioner Johnson added that Veolia has left behind approximately 25 tons of garbage at various sites where they were removed in advance and we need to verify the extra accounts that they are getting paid for that the city has not been paid for. Mr. Krug said there are areas where there was not dumpster in place and garbage has been put out; both parties are working together to resolve these issues. There was further discussion about whether or not they have met their contract requirements and the performance bond or letter of credit that is being obtained. Mr. Rosenthal stated that based on Mr. Krug's report he does not feel that any action needs to be taken against WasteWorks at this time unless there is an issue with the new performance bond or letter of credit. I E. COMMISSIONERS ANNOUNCEMENTS ~Q.I!lIiiistl<il.t~~ K!:ll~!i - I) emphasized that Woman should sign up for the Self Defense class mentioned by the City Manager earlier; it is a good class 2) Homes for Heroes Golf Tournament, February 23, 2010 and raffle of Nissan Altima, HR Director Carnicella stated that the veteran who will receive a home next is in the Tampa area, but they are working with Homes for Heroes and Bank of America to try to get the next home built in Ocoee. He said he would like to request that the Commission consider sponsoring a foursome at the golf tournament in the amount of $475. He stated they could possible do an employee drawing if there are vacancies in the foursome. Commissioner Johnson said he has attended meetings as well trying to organize the next home being built in Ocoee. There was some discussion with regard to the difference between Homes for Heroes and Habitat for Humanity. Cory Bowles, Ocoee Firefighter, said the veteran that was at a previous commission meeting is having a home being remodeled on the east side of Orange County. Commissioner Johnson, seconded bv Commissioner Hood, moved to purchase a foursome in the Homes For Heroes Charity Golf Tournament in the amount of ~475. Motion carried 5-0. Commissioner Hood - 1) congratulated the high school students who were recently inducted into the National Honor Society, 2) Little League baseball is starting, caution drivers to be careful driving around the fields because a lot of kids will be around 2) Soccer is coming to an end of the season 3) Lacrosse Black and Gold game on Friday at Ocoee High School at 6:00 p.m. 4) Little League Parade with great floats will be February 27, 2010, he will announce further at the next commission meeting. 5) said the Ocoee Girls Soccer made it to district championship and qualified for regionals.6) Boys soccer is very strong in our district thanks to Coach Moore. Mayor Vandergrift I) read thank you note from Pat Gleason for her appointment to the General Employees Pension Board 2) read thank you note written to him for breakfast and city hall tour from resident Paul Waddles. The Mayor said he is a musician who played with the Beach Boys and is looking at the possibility of playing at the gazebo. 3) read note from the guest speaker thanking the City for the Martin Luther King parade and events. 4) the Symphony will be at Ocoee High School on February 20,2010, tickets are on sale for $10. Page 3 of8 City Commission Regular February 2, 2010 I F. CONSENT AGENDA Commissioner Hood, seconded by Commissioner Wilsen, moved to approve Consent A~enda Items #1 - #4, as recommended by staff. Motion carried 5-0. Approved on Consent. Motion Carried 5-0. Bids were received for the improvements at Central Park parking area. The project consists of furnishing the labor, material, equipment, tools, services and other incidentals required for the improvements at Central Park. The improvements consist of constructing a grass overflow parking area, raise and realign Armstrong Alley, install parking spaces along the Alley, install sidewalks, relocate a sand volleyball court, construct a sand boat launch area on Lake Moxie, and make related improvements. Approved on Consent. Motion Carried 5-0. City Pond #6 is located north of Marlene Drive as part of the Twin Lake Woods neighborhood. The pond outfall pipe has separated and allowed water to erode under the outfall control structure creating an unsafe condition. Untreated stormwater is bypassing the outfall structure and draining directly to the separated outfall pipe. The structure must be re-set, the pipe repaired and the pond bank filled to function as designed. This work requires the use of large equipment not owned by the City. Based on the quality of the work performed by APEC on the Cumberland Avenue storm drainage repair, Public Works is requesting the Commission waive the bid process and award the work to APEC, piggy backing on the existing Seminole County Continuous Construction Services Contract No. CC-l075-06/TLR. APEC has furnished a price of $24,090.00 to perform this repair work. Approved on Consent. Motion Carried 5-0. The FY 2009 budget included $344,400 in utility bond funds for the retrofit construction of a reclaimed water system within the Windstone Subdivision with an extension across Clarcona-Ocoee Road to serve the Forest Trail Subdivision, which already has a reclaimed water distribution system. The project was awarded through competitive bidding to Cimarron Construction Co. in the amount of $191,068.50. Work has been completed and it is now necessary to reconcile the bid and installed quantities for all unit price items in the project. Approved on Consent. Motion Carried 5-0. Page 4 of8 City Commission Regular February 2, 2010 I G. FIRST READING OF ORDINANCES ..... . ~'--"" It' ~~""'w-,:/; >t;,., ~;'" Prairie L~keiPJJD -B Subst,anti~l AmendIllent. Feb'ffla;'y Flf/' 2~lP:!1'RegMji;r Cq!!llhis~1on:~>M~eting1i~tll m. ~. ;:'abre)~' __*~ The Prairie Lake PUD/Land Use Plan was officially approved by the City Commission on April 16, 1991. Then it was later amended twice, once on June 4, 1996, and on December 16,2003. The existing Prairie Lake PUD Land Use Plan indicates that Townhomes, Patiohomes and Villas are all permitted uses on Tract "G"; however, due to the current market conditions, the applicant/owner has requested to add Assisted Congregated Living Facility (ACLF), Nursing Home, Two-Family Dwelling and Single-Family Dwelling as permitted uses for Tract "G". The proposed ACLF/Nursing Home development standards, if approved, would be limited to a maximum of 300 assisted living units with a maximum building height of 4 Stories/55 feet. The other requested uses will use the existing residential development standards for Prairie Lake PUD. Accordingly, the Land Use Plan was amended to reflect the Applicants' request. This requested Land Use Amendment will only affect Tract "G" of the Prairie Lake PUD. Accordingly, the existing Development Agreement will also have to be amended. City Attorney Rosenthal read the title of the ordinance. Mayor Pro Tem Keller stated the second reading and Public Hearing is scheduled for February 16,2010, at 7:15 p.m. or as soon as practical. There was no one present in the audience who wished to speak on this item tonight. I H. PUBLIC HEARINGS -~~ - ~---___ ~~> _.~- "'f# iji<lIIII~ -- -,.:.>,- ~----,.7""'>O:il-= -IIJ ..7 ""f.\:8 ~ "'8'-- <<<<<<<!OOlO -- ~!~:'iili,~~~~t Y~~i~!!,f~~,,,~20!pexl~~i!!Bl~~., (A~~er~i~~d [,rr lyblicf!~arin~ill,,'~~ii)'~~4~,,$entin~'I?ega lassifJed } on ~gX,-Lq,~~!glY- 2};"'201Q)i(~p-arPlanner !{umerl;:.. ';,,,i.. ~...,;' _"" __ _ .. The applicant, Ken Crest is requesting a side yard setback variance from 7.5 feet to 3 feet for a proposed pool screen enclosure. An existing in-ground pool is located on the south side of the lot due to the elevation in the rear yard. The City of Ocoee vacated the five (5) foot Utility Easement located within the 7.5 foot setback on January 5,2010. Principal Planner Rumor summarized the variance request. Mayor Pro Tem Keller opened the Public Hearing. There being no one wishing to speak, the public hearing was closed. Commissioner Wilsen. seconded by Commissioner Hood. moved to approve the variance based on staff recommendations. Motion carried 4-0 with Mayor Vanderarift away from the dais. I I. REGULAR AGENDA 'ai'ReIe~~~ "of EienEoae~'EiiforcemertrB6)~tawGm~iNo.l 'm t <::', ,",' -,' -".-:~4m~f::_: "", (; .!!9-~2~,,,}?,ixeJj{fitne~<~,< LJjc..:. JP..u!~J;'hie{~ttnleY)_dl" " The business owner changed the name from Vertical Fitness to Vixen Fitness, and did not obtain the proper permits from the city. This property was inspected by the Building Official and it was determined that a sign permit was required. On October 27, 2009, the City Code Enforcement Board gave the business owner until November 13, 2009, to comply. They did not comply until December 17, 2009, by removing the sign. Tenant apologized and advised they did not know that sign removal would gain compliance or they would have done it sooner. They stated they thought compliance could only be gained through issuance of a permit. Business had problems with sign contractor who did not obtain permit. The Code Enforcement Board voted to uphold the original fine amount of $4,950.00. City staff has incurred $556.30 in fees (attorney, staff, recording of lien, etc). Page 5 of8 City Commission Regular February 2, 2010 Deputy Chief Stanley summarized the case and the findings by the Code Enforcement Board. Jan Lazarus, 2751 Old Winter Garden Road, explained the issues with her contractor and misunderstandings about what was required for compliance. She said once she obtained the permit she thought she was in compliance; she did not know she was required to remove the sign, which was done as soon as she was made aware of that. She stated that she had emails and other documentation showing her contractor led her to believe that he had he originally pulled a permit and had done everything he needed to do. She said since the sign had been removed it is hurting her business and she would like to resolve this as soon as possible. She added that she was unaware of fines accruing at $150 per day and she cannot afford almost $5000 in fines. She thought she had followed the appropriate channels. Commissioner Hood. seconded by Commissioner. moved to reduce the fine to $556.30, to cover the city's costs. Motion carried 5-0. .-:~ rf'ti '" "i'" "'W':""'!W"'\:'0'-' "",.,.. ;::w' "'!1'ffT'" ~~%9""& }::::'F - ~ ~,.;,;;,~ ~,,;;:,;qt~ 0"<~''''''''1!:lI -~~'~ ~'!<;::''''':W::i ~'qp ~:<; ;.,:;:;,:,:;>,~, &~, 'MXP Grant Approval to RotaLY- ~lub. (ComriiunittjRelatiq.il.s:~:l!.IJJ!g!a:..)Y.,tigl!!)~.. m The City Commission voted to award MVP grants to 11 organizations at the January 19, 2010, City Commission meeting. Each organization was awarded $909. The $909 each organization was awarded, was divided equally from the $10,000 available for the MVP grants. The Rotary Club of Ocoee submitted a MVP grant application before the deadline, however it was not presented at the January 19 city commission meeting. They are requesting $2,000 to provide college scholarships to Ocoee High School graduates. Based on the City Commission's decision to award grants to all of the 11 eligible organizations that applied, staff respectfully recommends awarding a grant of$909 to the Rotary Club ofOcoee to be funded from contingency. Community Relations Manager Wright explained that this application was received in a timely manner, but came via email and went to her spam folder and therefore was not included in the grant awards at the previous commission meeting. She said staff recommends that the Rotary Club receive $909 from the contingency fund, so they will have an equal share as the other grant recipients. Commissioner Hood. seconded by Commissioner Wilsen moved to approve the arant of $909 to the Rotary Club of Ocoee. to be paid from the continaency fund since the MVP funds have been depleted. Motion carried 5-0. 9 -,M'- ,~tl!:I'~~~-_._. ,',' "t~~-..,:._ ':',"//;::;": .,,;;.,~""'-W"'.' -iffiil "'i~~~tin~iPra~,li F~~"l! t~i~ I\~Pt~~aiil1ei>~,lJt~~~,~ii ~!i~i~~i!,~!~m~\1J~al!!~~?t~i~ti1P~' to Iermiqate th'e PhiiuiedProject to~\Constructa Detention Pond Adjacent to ~~~~c,;:: ,. tJ :;, ?~:: i't(' .t?~';-.) :::':':\:.__> "~:~: %~ ". "'< (@Ig~a,!l.a,g!ll'lll u tt~L)"....ik;,i,J(i.. 'k- A&... In January 2007, the City of Ocoee received a 50% matching grant from the Florida Department of Environmental Protection (FDEP) for $1,400,000 in order to fund a TMDL Water Quality Grant Project to construct a wet detention pond adjacent to City Hall. The purpose of the pond was to remove sediment and reduce nutrient pollutants contained in storm water runoff flowing into Starke Lake from the Starke Lake Watershed. The City retained the firm of Professional Engineering Consultants (PEe) to design and permit the stormwater management facility. Several conceptual designs were proposed, however none could be realistically constructed due to the constraints of the property and other technical factors, such as the proximity of buildings and the pond depth requirements for adequate storm water detention time. The ultimate conclusion by PEC, FDEP, and City staff was that the location was not suitable for the planned facility. CIP Manager Butler summarized the matching grant received from FDEP for a wet detention pond adjacent to City Hall. He stated once the calculations were done that would meet the grant criteria, it was found that it would be a massive undertaking to make it as deep or as wide as it needed to be; a project that would cost approximately 3 million dollars. Other options were Page 6 of8 City Commission Regular February 2, 2010 explored, but found not to be feasible and the city has agreed with FDEP to turn back the grant. He stated they will be applying for another grant later on when they work up plans on a feasible project. Commissioner Keller, seconded bv Commissioner Wilsen, moved to amend the arant from FDEP to terminate the planned proiect to construct a detention pond adiacent to city hall, per staff recommendations. Motion carried 5-0. Mayor Vandergrift said he would like the City to look into using dry retention ponds to create parks with waterfalls. There was further discussion with regard, dredging of retention ponds, issues with impounding the water for the waterfalls, rainwater velocity, etc. Mayor Vandergrift said there is an Eagle Scout who wants to plant 100 trees as part of his project. We need to be more creative with those retention ponds. Commissioner Hood stated we need to get better at requiring these concepts be incorporated into the plans at the developer level. I J. STAFF ACTION ITEMS none I K. COMMENTS FROM COMMISSIONERS -- -~~t"'ij'}t~"'4q~ ~ommis~ioJj~r" HQod - I) inquired to Utility Director Smith about Peach Lake Manor. Mr. Smith reported that two different packets with letters have been sent to residents, one packet for those affected by the construction and those affected by the meters. He added they would be holding an open house in March. He explained they are working on there on a water main project upgrade (potable and reclaimed water); whereas they are removing all of the abandoned manes after they install the new ones. It should provide a major improvement for that area. 2) asked Steve Krug the status of the resurfacing of Little Spring Hill and Baranova. Public Works Director Krug stated they had received price proposals already and was happy to report they were less than budget, which allows him to expand their resurfacing program this year. He plans to bring that to the next commission meeting for approval. Commissioner Hood inquired about Moore and Durango. Public Works Director Krug said that may not need any work because it hasn't failed in a while, but they are keeping their eye on it. ;!(~:~~""~!>,..~ ,^,~. ,...~ . .. ~2mmissionec'Yilsen - 1) announced the Spring Fhng was March 27,2010, and mformation IS on the City's website. M;!!yor~~n!l~grjft - 1) stated Berwyn Oltman would be attending a future commission meeting regarding the HRDB putting up a peace pole in the City. Commissioner Wilsen said she heard about that and would like to bring it back to her group for discussion to get all of the details and be sure it is properly planned and advertised. ~m_riY,.~jlOit~r,;,~QP-I!l9n - 1) asked Al Butler about the projects around the lake at City Hall. CIP Manager Butler reported the surveying is being complete and they have pulled together money, and are looking at the individual improvements. He expects it to go to bid the first part of March, and hopefully be awarded the second meeting in April or first in May. He said they were designing the parks and water/sewer systems in-house to save as much as they could for actual construction. Commissioner Johnson inquired about the sign out front. CIP Manager Page 7 of 8 -1 City Commission Regular February 2, 2010 Butler requested they talk about that further to work on creating a consistent design throughout the City, since a sign was needed at the police station and other areas. 2) inquired about the status of the bid for clean-up of the Colony Plaza. CIP Manager Butler responded that he has passed along the prices for the filling station and treatment facility to the CRA staff. Mayor Vandergrift directed CIP Manager Butler to put out a press release that the Tabebuia trees near Oakland and Lake Shore Drive are blooming along the lake, and after they bloom they lose all their leaves and turn a glorious pink. He also asked if they would consider a LED sign out front that is ableto change messages easily, such as Orlando has. C]mmis'sfQl!lj l\,~Jier - 1) asked Public Works Director Krug and Police Chief Brown about putting in a round-about or speed bump at the intersection in the Remington Oaks development to slow down traffic. He explained that he was out there for 45 minutes and about 12 cars never stopped at that stop sign, and 4 of them never even slowed down for it. He felt that we needed a roundabout. Police Chief Brown answered that he would enforce that area until a decision is made about traffic calming. ~mm!,~!!et Jo~ asked about adjusting the speed limit on Maguire Road going south bound over the turnpike bridge from 45 mph to 35 mph throughout the school area. Police Chief Brown said they would look into that area and see what they could do. Public Works Director Krug stated there was not a defined school zone in that section of road because they chose instead to install a traffic signal that controls that intersection. Mayor Vandergrift was concerned that the bridge allowed for a blind lead in to the school crossing area. Mi'iyor'V~iiul~rgllfi asked where they were with the speeding cameras in neighborhoods. Police Chief Brown said they were not yet awarded grant money for those cameras and there is only one other city in Florida at the time that has such a thing, therefore, there will be a lot of Legislation that will come out about it. Commissioner Johnson asked about installing speed limit signs with the automatic flashing light below that shows your car's speed. Police Chief Brown said that was something they could look at and they flash when you are going too fast. I ADJOURNMENT The meeting was adjourned at 9:00 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 8 of 8