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HomeMy WebLinkAbout07-17-12 MNUTES July 17, 2012, at 7:15 P.M. REGULAR CITY COMMISSION MEETING -------------------------- - - - - -- -------- - - - - -- - - - - -- - - - - - -- A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Pastor Margaret Marquis gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Hood. Acting City Clerk Sibbitt called roll and declared a quorum present. Roll Call: Commissioner Hood. Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson. and Commissioner Keller. Also Present: City Attorney Cookson, ('ity Manager Frank, Acting City Clerk Sibbitt [B. PRESENTATIONS AND PROCLAMATIONS Proclamation — Recreation and Parks Month — July 2012 Mayor Vandergrift read the proclamation and proclaimed July 2012 as Recreation and Parks Month. Project Update Presentation by Florida League of Cities Representative Kathy Till, Advocacy Consultant for the Florida League of Cities, Inc., gave a brief update on the Florida League of Cities focus on advocacy planning. She further encouraged the city to invite the candidates that are running in the state house and senate to come to the budget hearings to understand what is happening in Florida cities. Ms. 'Till announced that on September 13` at the Maitland City Hall the Florida league of Cities will be hosting a Candidate Forum for all candidates running for state house and state senate that represent ()range County. Information will he sent out as the event date gets closer and this will be open to the public. Ms. Till further spoke about the upcoming round table discussion with Rep. Nelson and local officials. She advised that the Florida League of Cities is working on an advocacy manual which will he presented at the conference and they have also added advocacy tips to their wehsite. Ms. Till briefed the commission on some of the local issues they expect will he returning on the 201 3 session. C. COMMENTS FROM CITIZENS /PUBLIC D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank made the following announcement: 1) A revision to Item #8 has been made to include an Item #8c. Development Agreement. All information for the development agreement was included in the packets but was simply not noted on the agenda outline. 2) Last Friday night Police Chief Brown and members of the Police Departments Traffic Enforcement Unit attended the State of Florida Department of "transportation Law Fnforcenlent Challenge Awards held in Orlando. Ocoee. Winter Park, and Orange County Sheriff's Office were the only Orange County agencies recognized. The Ocoee Police Department Motorcycle Unit finished 18` out of 106 agencies and in the overall law enforcement challenge Ocoee police department finished 3" out of agencies of our City Commission Regular July 17, 2012 size. Both of the placements were based on the city's police department education and enforcement programs geared toward reducing overall accidents as well as accidents involving serious injuries and death. City Manager Frank thanked Sgt. Wagner for his planning and implementation of the traffic programs and completing the challenge application. City Manager Frank advised that there are updates on three city projects that CIP Manager Butler will he presenting. The presentations will be on the Community Center, Maguire 1 louse. and Rodgers Property. Community Center /Maguire House Update CIP Manager Butler provided a PowerPoint presentation with exhibits showing the final conceptual design proposal for the Community ('enter. He explained that the original design budget was for $65,000 based on a $1 million construction budget and simple structure; however, the new design proposal is for a larger facility and more complex so the new fee design will he $129,089. Additional funds of $81.089 will he needed to fund the new design and staff is asking if the commission may authorize the temporary reallocation of fiords from the Vignetti softball filed construction as the city awaits final decision on developing the Rodgers property. CIP Manager Butler explained that if they except the fee proposal now than staff can add supplemental funding to FY 2013 budget to restore softball project funds. Commissioner Wilsen, seconded by Commissioner Johnson, moved to reallocate $81,089 from the Vignetti softball field construction project to the design of the Community Center with recognition that staff will ask for the money to be restored to the softball project in the FY 2013 budget. Mayor Vandergrift expressed his concerns regarding the whole project. Ile personally feels the city is rushing into this without looking at other options such as grants. He inquired if the city has even looked into the option of using builders that would design, build. and rent the facility, After discussion, motion carried 4 -1 with Mayor Vandergrift opposing. Commissioner Wilsen advised that she does not feel as if they are rushing into this and further felt that the Mayor should allow city staff the opportunity to answer the questions he just asked prior t0 the motion. CIP Manager Butler advised that he feels fairly confident that there are no grant funds to assist with this project since the time of grant funds has ended. Ile explained that everyone is looking to save money and the higher level of governments has decided that to save money they had to quit giving it to municipalities. CIP Manager Butler briefly explained the extensive study and feedback that was received to show that the market does support a facility of this type. The location of the proposed community center was chosen due to several reasons such as the stormwater capacity not needing to be replaced in an existing facility, the lake front view, the ability to host several events at the same time, and the wide variety of opportunities in conjunction with the Withers - Maguire 1 louse. Page 2 City Commission Regular July 17, 2012 Mayor Vandergrift inquired if there was a proposal for the ('RA to have an event center. CIP Manager Butler said there has been discussion with various developers' that would include an event center with hotel space. City Manager Frank explained that the whole concept for the event center is still out there hut unfortunately in the last 2 -3 years since that project was looked at the CRA revenues has gone down. That concept is now about 5 -10 years out in the future. The Community Center project is funded through the Parks and Recreation Impact fees and next year's budget as well as the next two years budget. The city does not anticipate having to borrow any money for this proposed community center building. Mayor Vandergrift inquired if the city has any buildings in town that would hold 250 people meetings. City Manager Frank said the city does not. Commissioner Johnson said he agrees with Commissioner Wilsen in that this was not a rushed decision. He feels they have spoken about this project over the last 2 -3 years. There are a majority of citizens who have expressed concerns on why the city does not have a facility for them to use for events such as weddings. family reunions. and so forth. Commissioner Johnson said this improvement will be a final that will pay for itself. Commissioner Wilsen briefly added that this project is a great way to market the downtown area and the city will only gain from this. It is a \vav for the city to move forward. Commissioner Keller agreed that this discussion has been going 011 for many years and he feels the current location of the Community center is a great location. He further said he feels the citizens will love the outcome in having a local facility they can utilize without having to go out of town. CH' Manager Butler gave a brief PowerPoint presentation with exhibits highlighting the proposed uses for the Withers- Maguire House. The overall concept is to utilize the building more fully so the proposal is to have the house set -up for a self- guided tour as well as continuing with the original plans of supporting weddings and other events. Alita Huff Mikiten, member of the Friends of Ocoee Historic Preservation Committee, addressed the board to express her concerns regarding preserving the Maguire House while still allowing the use of rentals. She advised that she would like the city to consider removing the 1910 addition back to the original facade and constructing a rear annex that compliments the architecture but contains the modern facilities that would better support the meetings, weddings. and other events. The committee if looking to the commission to ensure that the house receives the future it deserves adding to the museum. Ken Lasseter. President of the Friends of Ocoee Historic Preservation Committee, advised he is also addressing the commission tonight asking to maintain the museum. He expressed his concerns ill promoting and preserving the history of Ocoee. Recess 8:09 -8:11 p.m. Nancy LaFleur, member of the Friends of Ocoee I listoric Preservation Committee, shared that she is a historian and would also like to preserve the Withers - Maguire House. She commented that she too does not feel the house has been used to its potential and feels that if they can work Page 3 - - City Commission Regular July 17, 2012 together the\ can let the house tell its story. 'File committee would like to partner \with the city to achieve the goals of promoting history as well as generating new revenues. Ms. LafFleur said the proposal made tonight is a good starting point and is asking that before plans are finalized if their committee can work with staff. Angela Withers. President of henry Nchrling Society. addressed the hoard to explain the importance of preserving the history of Withers- Maguire I louse. She commented that she fears that if the history of the house is removed it will just become a pretty house. Lillian Lasseter. member of the Friends of Ocoee Historic Preservation Committee, said she is concerned with the fate of the museum aspect of the Withers - Maguire I louse. 'Museums are for community enrichment and are not usually money makers.' commented Ms. Lasseter. She agrees that they need to promote the museum and tise of the house. They need to reinstate elementary school attendance to enhance their Florida studies. as well as. advertise m the internet. papers. and city flyers. Ms. Lasseter said they welcome the multi -use concept of the Maguire house but do not want to sacrifice the history to generate revenue. She further spoke in regards to the artifacts in the Maguire House and how they should he displayed. Theresa Schretrmann. Myers. Volunteer Coordinator at Nehrling Gardens. spoke in favor of preserving the Withers - Maguire }-louse and encourages the commission to take pride in the city's historic site and use them for historic preservation tourism and education of the next generation. Peggy Vandergrift, 1 405 Spring Lake I crrace, addressed the board to voice her concerns on the fate of the Withers- Maguire 1- louse artifacts. She advised that she would love to see the house used as a working museum to educate our children. Jean l..,ovejoy (Aycock). 311 (.'enter Street, said she is before the commission begging that they please preserve the Withers•- Maguire I louse as a museum.. She personally feels if events are to take place at the Maguire I louse it should remain a museum setting regardless of the event. Margaret Marquis, Pastor of Ocoee Christian Church. spoke in lavor of preserving the Withers- Maguire llouse and suggested that the city consider using the house in ways that would generate funds hut by maintaining the museum while being able to hold guest. Ms. Marquis also suggested possibly contacting decedents of the early settlers to get input from then) or maybe even solicit for funds. Scott ll)ewani, Ocoee resident. spoke in lavor of keeping the Withers - Maguire house as a historic home in Ocoee. .1. Lester Dabbs, 619 Cahorca Court. commented that what he has heard tonight is that there are line groups of people who ha\ e all expressed wanting to work together. Ile further stated what seems to he missing is compromise but he feels something should be able to he worked out. Mr. Dabbs said they have spoken about having places where the symphony can perform, where they can have art shows, and so forth for decades. I le was impressed with CIP Butler's presentation and feels there can be an emerging of ideas. Mr. I)abbs inquired about the parking since it was Page 4 - City Commission Regular July 17, 2012 not mentioned in the presentation. CIP Manager Butler said there is a small parking lot adjacent to the building, as well as, the grass area to the north and the parking area across from Oakland Avenue. Mr. Dabhs further spoke in regards to possibly including a Veteran's of the Vietnam War in the memorial area by the house. Commissioner Wilsen commended those \v ho spoke and briefly spoke in regards to the comments regarding the Withers- Maguire I louse being destroyed, She agrees that both groups are not far off with ideas of what they would like to do with the iacility. The words she heard tonight were community enrichment, touch feel exploration of history, adaptive reuse, and multi- use facility \which is everything the commission has talked about and believes is the hest use for the Maguire I louse. The building is an icon for the city but it should he used. Commissioner Johnson briefly commented on the miscomm that has been occurring and further clarified allegations that were made accusing hull of advising staff that they should not he attending the meeting held by the Friends of Ocoee Historic Preservation Committee. 'The Maguire I louse belongs to the citizens of the town and is meant to be used by everyone.• advised Commissioner Johnson. Commissioner Keller apologized for the redundancy and also clarified that the commission's intent has never been to destroy the Maguire house. Ile further agreed that a compromise needs to be made and feels that both groups are not tar apart with their ideas for the house. Commissioner Keller briefly expressed his feelings on what types of events he feels the Maguire I louse could handle: he was in agreement that the first floor should continue to remain a museum setting. 'The city has put a lot of money into the house and they need to get people into the building,' he advised the audience. Commissioner Keller explained his reasoning for not wanting to attend the friends of Ocoee Historic ['reservation Committee meetings. Commissioner Hood and Commissioner Wilsen agreed with Commissioner Keller's reasoning and advised they also will not he attending any of the meetings being hosted by the Friends of Ocoee. A few months ago they had publicly announced their conceals on why they felt their attendance at the committee meetings was not a good idea. Commissioner Hood encouraged the committee members to get minutes from previous commission meetings and workshops So they can figure out on their own as to what is going on. Commissioner Hood advised that the community center design is the only thing being approved at this time. Further discussion ensued regarding revenues generated from event facilities. Commissioner Hood directed a comment to Mr. Lasseter advising him that several meetings ago \when he came before the commission he had suggested that an advisory hoard be formed allowing members from their committee to he appointed. Commissioner Hood inquired if such a board has been created, CIP Manager Butler answered that staff did meet with the committee and spent 2 '/ hours with them on Thursday speaking about the proposals and their concerns. 'The Friends of Ocoee Preservation Committee is still trying to form as an entity so staff has to he careful when considering the creation of an advisory hoard,' advised CIP Manager Butler. City Manager Frank said he did not believe direction was given to go forth with an official city advisory board but if it is consensus of the commission than they can do so. Commissioner Page 5 - City Commission Regular July 47, 2012 Wilsen said she personally does not feel that is the right step to take and they should wait until the city gets some more formal plans before they consider what direction they would like to go. As of right now they are a group of volunteers working \with city staff. 11 was asked by the mayor if the city attorney could give his opinion on the sunshine law. After explanation of the sunshine law the mayor further explained the conception of the Friends of Ocoee Committee and their intent. Mayor Vandergrift said he is willing to step aside and allow the other commissioners meet with the committee to discuss then' ideas. After further discussion it was decided that the commissioners did not oppose to meeting with the committee individually and that the direction the committee should go in is to deal with city staff. CIP Manager Butler said that there is a more positive future for the Maguire House than some of the committee members May believe and staff does want to \\ ork together \with them So it can keep moving forward. The meetings that the} have had have maintained a positive environment even if they have not agreed 00 everything. Jean Lovejoy approached the commission to explain that what prompted her to come to the meetings was the ad in the West Orange Times stating if anyone had artifacts in the Withers Maguire I louse they had to claim it. She said she would like to read the minutes that explained what was discussed at prior meetings about what was going to be done with the Withers - Maguire House. Ms. Lovejoy inquired as to whom up on the dais would be willing to meet with them so they can discuss it further 00 how the citizens of Ocoee would like to utilize the Maguire I-- Louse. Further discussion ensued regarding the claiming of artifacts. Ken Lasseter announced their committee meets the 2nd and 4th Thursday of each month and their next meeting is scheduled for July 26` 1 le said what they would like is to participate in the planning of \what is going to happen ‘with the artif Commissioner Wilsen inquired if some of the discussion tonight has answered some of their questions in a positive way. Mr. Lasseter answered affirmatively. Commissioner Keller said he would he interested in attending their 1'` meeting in August and is requesting that he he the only one from the commission present at that sleeting. Rodgers Property Parks and Recreation Director Hayes provided a Po\verPoint presentation with exhibits showing the conceptual site plans f the Rodgers Property. Ile explained the conceptual plans was a requirement of the 1_1. S. Fish and Wildlife Service to ensure that future plans for the property would not adversely impact an existing eagle's nest on the site. Parks and Recreation Director Hayes described the surrounding property as it exist and explained that they are moving forward with the feasibility of this property as a regional softball facility at the request of the commission as discussed at the June 26 workshop meeting. He further described several issues staff has identified that they will need to explore further. Ginger Corless, 11111 Design, briefly touched on the eagle's nest buffer and some design alternatives for the property. Commissioner Hood inquired if they were looking for a motion to move forward. City Manager Frank said this is still in the conceptual stage but wanted a consensus on inhere was a Page 6 City Commission Regular July 17, 2012 particular design plan they should move forward with. Consensus was that they liked the idea of the four fields. Commissioner Keller commented that he does like the idea for the dog park and would like for staff to get some input on how to make it happen the right way. Ile further addressed the idea of the skate park and commented that he did not remember it being very high on the results from the survey. City Manager Frank said they will have to phase this project out so they will have plenty of time to give input on what facilities they would like to see on the north end. Mayor Vandergrift inquired if anyone has given consideration to any of those companies that will come out and Set -up a park like the one just presented but wi thout any cost t0 the city. Commissioner Johnson said he has attended conventions and has spoken to companies who do that hut it has to he a revenue park that guarantees them something hetore they come out and build a park. It was requested if Commissioner Wilsen would he able to bring back some literature when she attends the upcoming Florida League of Cities convention. A brief discussion ensued regarding the interior road that has currently been removed from the site plans.. Mayor Vandergrift said without objection he would like for the city staff to proceed in meeting with the U.S. Fish and Wildlife Service. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood— None Commissioner Wilsen — Announced the 5' Annual Ocoee Military Show is Saturday, July 21 from 9am -5pm at the Ocoee Community Center. Admission is free and is sponsored by the Sons of the Confederate Veterans Camp #1630. American Legion #109, Company F 11' Horida Infantry. There will be a display of uniforms, vehicles, equipment, and living historians on site. Commissioner Johnson- Announced that he would like the Commission consensus 011 moving forward with the National League of Cities Prescription Card for citizens. It will he no cost to the city and many cities are already doing it. Ile further advised that he will handle implementing the program along with Community Relations Manager Jo)' Wright. Commissioner Johnson, seconded by Commissioner Hood, moved to approve the implementation of the National League of Cities Prescription Card Program. Motion carried 5 -0. Commissioner Keller — Congratulated the Police Department on their results on the law enforcement challenge. Commissioner Wilsen quickly added that the Food Truck event is this Friday night as well as the Movie in the Park. Mayor Vandergrift — None F. CONSENT AGENDA Commissioner Hood, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #1 through #7. Motion carried 5 -0. Page 7 City Commission Regular July 17, 2012 1. Approval of Minutes for the Regular Commission Meeting Held June 19, 2012. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. 2. Appointment to the Board of Adjustment. (City Clerk Eikenberry) Ordinance No. 516 on September 15. 1970., created the Board of Adjustment to hear and decide appeals for administrative review, to hear and recommend to the ('itv Commission variances to zoning ordinances, This Board consists of five (5) regular members and two (2) alternate members, all with three year terms. There are currently two (2) alternate member positions open. An application has been received by Keith Carrington who has shown an interest on being, appointed to the Board of Adjustment for a term ending May 2015. There are no other applications on file to fill the board opening. Approved on Consent. Motion carried 5 -0. 3. Appointment to the Code Enforcement Board. (City Clerk Eikenberry) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this hoard is to review infractions of the City technical Codes. negotiate compliance and impose tines for failure to comply. The (.'ode Enforcement Board is 10 have seven (7) regular members and two (2) alternate members, all with three year terms There are currently two (2) alternate member positions open. An application has been received by Keith Carrington who has shown an interest on being appointed to the ('ode Enforcement hoard for a Icrnt ending June 2015. "There are no other applications on file to fill the board opening. Approved on Consent. Motion carried 5 -0. 4. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry) Members of the human Relations Diversity Board serve two -year terms. Currently the Human Relations Diversity Board currently has twelve (12) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application has been received from Ira Calloway. a City of Orlando resident vvith an interest in serving on the board. 1 he City's Human Relations Diversity. Board is recommending that the City Commission waive the residency requirement and appoint Ira Calloway to the 1luman Relations Diversity Board vvith term ending May 2014. Approved on Consent. Motion carried 5 -0. 5. Certify Appointment to the City of Ocoee General Employees' Pension Board. (General Employees' Pension Board Chairman Wagner) Trustees of the Pension Board for the ('itv of Ocoee Municipal General Employees' Retirement Trust Fund currently serve four -year terms. Two of the trustees are appointed by the City Commission, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and presented to the City Commission for Certification of the appointment as a ministerial act. During a Special Session of the City of Ocoee General Employees' Retirement Trust Fund Board held on July 9, 2012, the Trustees unanimously chose to appoint Robert Godel< as the Fifth 'Trustee, replacing Wendy West who recently resigned due to business obligations. Approved on Consent. Motion carried 5 -0. 6. Approval of Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2012 Application 2012 -JAGC -1893. (Deputy Police Chief Goclon) This year, S11,268.00 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (.IAG). 1 he Byrne Memorial Justice Assistance Grant (JAG) Formula Program Committee wishes to submit the attached 5190 better to the Office of Criminal Justice Grants in Tallahassee. This letter lists the various programs for which the participating lays enforcement agencies in Page 8 City Commission Regular July 17, 2012 Orange County plan to spend the S362.932.00 allocated to them. The letter and accompanying grant application must be signed by the Mayor. If approved, the City of Ocoee will receive $11,268.00 to purchase two (2) Motorola digital portable radios. some accessories. and related software in order to maintain compatibility and interoperability with Motorola radios currently uti1iied by the Orange County radio users group as well as comply \\ ith Federal mandates to be digitally read ■ by the year 2012. Motorola is a sole source provider for these radios and otters only the State of Florida government contract pricing (725 - 500- 12 -1). Approved on Consent. Motion carried 5 -0. 7. Approval for the City to Terminate Two Temporary Construction Easements and for the Mayor to Execute the Related Notices of Termination. (CIP Manager Butler) Prima Vista Utilities acquired a temporary construction easement in November 1984 from Richard W. Davis and Allison D. Burguiere. the then - owners of Orange County Parcel No, 20- 22 -28- 0000 -00 -021, located in the southeast corner of the intersection of Maine Street and Richmond Avenue. This acquisition was part of the process to construct the original Lilt Station 7, vs Inch ■was a major component of their sanitary sewer collection and transmission system. That easement \ \ as to terminate . one year following the commencement of improvements for \which this easement is being granted. or until the use thereof is abandoned." The City subsequently acquired the assets of Prima Vista Utilities, including the original Litt Station 7. That facility was enlarged and relocated to a point further north adjacent to the Richmond Avenue right of way and north of Maine Street by the City in 2009. As part of this project, the City acquired a temporary construction easement from McCormick Road. LLC. the owner of Orange County Parcel No. 20- 2 -28- 0000 -00 -015 in 2009. '1 his easement was to "terminate upon completion of the construction of the Improvements as certified by the City and carried a requirement for the City to "record a Notice of "I erniination in the Public Records of Orange County. Florida" upon completion of the work. Both parcels are now owned by M&.1 Regional Properties. LLC, which has asked the City to provide a formal Notice of Termination for hotlt easements in order to facilitate sale of the land and its subsequent development. All construction activities for which the easements \were acquired have ceased. Terminating the easement will not adversely impact City operations. Approved on Consent. Motion carried 5 -0. G. SECOND READING OF ORDINANCES PUBLIC HEARINGS 8. Bright House Ocoee. (.Advertised in the Orlando Sentinel on Thursday, July 5, 2012, and Thursday, July 12, 2012). (Principal Planner Fabre) The subject property is located on the east side of Maguire Road and approximately 1,100 feet north of Colonial Drive (SR 50). Based on the recommendation of the DRC and Planning & toning Commission, staff recommends that the Mayor and Cit■ Commissioners approve the Annexation of the 1-/ -1.95 acres parcel of land known as the Bright Ilouse Ocoee property \ \ith an Initial lolling classification of a "Pt ID based on the land Use Plan. as date stamped received by the City on May 22. 2 012. a. Annexation Ordinance City Attorney Cookson read the title of Annexation Ordinance. Mayor Vandergrift opened the public hearing. Principal Planner Antonio Fabre addressed the commission about the matter. He reported that Bright House. the applicant, asked to annex into the City and to have the property rezoned as a KID. 'There is a development agreement and a land use plan that goes with the PUD. The applicant will he making improvements to the property. Staff' is making a recommendation that the commission approve the annexation and rezoning. The City has acquired the right -of -way along Maguire Road. Page 9 City Commission Regular July 17, 2012 Mayor Vandergrift closed the public hearing and called for the question. Commissioner Hood, seconded by Commissioner Keller, moved to approve Ordinance 2012 -007 annexing +/ -1.95 acres parcel of land known as the Bright House Ocoee property. Motion carried 4 -0 with Commissioner Johnson away from the dais. ORDINANCE NO. 2012 -007 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.95 ACRES LOCATED AT 844 MAGUIRE ROAD, OCOEE, FLORIDA 34761 PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. b. Rezoning Ordinance to PUD /Land Use Plan City Attorney Cookson read the title of Rezoning Ordinance. Mayor Vandergrift opened the public meeting. There being no public comment, the mayor closed the public hearing and called for the question. Commissioner Keller, seconded by Commissioner Hood, moved to approve Ordinance No. 2012 -008 rezoning to PUD /Land Use Plan. Motion carried 4 -0 with Commissioner Johnson away from the dais. ORDINANCE NO. 2012 -008 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE " PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 1.95 ACRES LOCATED AT 844 MAGUIRE ROAD, OCOEE, FLORIDA 34761, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN EFFECTIVE DATE. Commissioner Hood, seconded by Commissioner Wilsen, moved to approve the development agreement as presented. Motion carried 4 -0 with Commissioner Johnson away from the dais. Page 10 City Commission Regular July 17, 2012 H. REGULAR AGENDA 9. Award of Bid #B12 -06 Ison Center Civil Improvements. (Purchasing Agent Tolbert) In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified contractors to construct a number of civil site improvements at the Ison Center for Senior Citizens and Veterans. located at 1701 Adair Street in north - central Ocoee. I hese improvements are specified in the bid specifications and drawings prepared for City by Inwood Consulting. Engineers. and a supplemental drawing for building identification sign. This project is funded by two Congressional grants, one of which is in the amount of $148,800 and expires on September 30. 2012. As a condition of the work. the Contractor must satisfactorily complete at least $140,000 of construction work for this project prior to September 10. 2012. Failure to meet this deadline will eliminate the majority of funding allocated to the project and result in significant losses to the City. Should the Contractor fail to adequately complete the work and federal funds are lost as a result, the Contractor shall not he paid for any work for which funding has been lost due to said failure of Contractor to timely perform the work. Staff recommends that the City Commission award Bid 41312 -0t to Atlantic Civil Constructors Corporation in the amount of $305,753.40 Joyce Tolbert, Purchasing Agent, presented this item to the commission. These kids are funded by two congressional grants one of which that expire on September 30, 2012. One of the grants was not known to the (City staff when the grant was adopted by the City during the budgeting period, In order to award the bid for $305.753.40, the City will need to temporarily redirect $125.000 from construction on Prairie bake Park (to add additional hiking trails) to the Ison Center project. C1P Manager Al Butler clarified that they want to temporarily redirect funds to this project from another project that the City cannot work on this year. The funds will he returned to the Prairie lake project. Commissioner Wilsen asked if the Ison (-'enter work will he accomplished by September 30, 2012. Mr. Butler answered `yes. it is a stipulation of the contract that $130,000 is spent by the end of September." Commissioner Keller, seconded by Commissioner Wilsen, moved to award Bid #B12 -06 Ison Center Civil Improvements to Atlantic Civil Contractors Corporation and approve the temporary redirection of funds from the Prairie Lake Park project to the Ison Center project. Motion carried 5 -0. 10. Code Enforcement Reduction of Fine /Lien for West Oaks Mall located at 9401 W. Colonial Drive #646 Auntie Anne's. (Fire Chief McNeil) Property was cited 00 January 13. 2009. for a Viol ation for not obtaining a final inspection for permit #0701598 for an Electrical Hook up of Sign. On October 8, 2000. the property came into compliance with the City. On February 24. 2009, the Code Enforcement Board issued an order to comply by March 23. 2009. or be lined $150.00 per day. Mr. Scott Wesley, Operations Manager for West Oak Mall is requesting a reduction of fine /hen of $30,000.00 plus City's administrative cost of $778.47 (totaling $30,778.47), since he was not aware of the situation. Ile started as Operations Manager for the West Oak Mall after the facts, as per Mr. Wesley testimony. On June 26. 2012. the Code Enforcement Board considered the request for a lien reduction and recommends reducing the total fine lien to $778.47. Fire Chief Pete McNeil presented the item to the commission. Mayor Vandergrift made a motion to accept stairs recommendation. but the motion died for lack of a second. Page 11 City Commission Reg ular July 17, 2012 Commissioner Wilsen, seconded by Commissioner Hood, moved that the fine be reduced to $1000 to be paid within 90 days or the fine reverts back to its original amount. Motion carried with 5 -0. Mayor Vandergrift remarked that he was unsure why the City was enforcing fines within the W'r'est Oak Mall anyway'. City Manager Frank said that this was due to the electrical (matter whereby there was no permit. West Oak Mall Operations Manager Scott Werley addressed the commission. Ile stated the code violation happened prior to his tenure with the mall; hence he is not certain about all of the details. Mr. Werley continued that upon reviewing the mall's files. he found that there was an agreement between the sign supplier and the mall tenants. West Oak Mall authorities were not a party to the agreement. Mr. Werley continued by stating that there are opposing faets regarding who actually occupied the space, but those who were there are now gone from the mall. Ile said that the mall authorities were unaware of the violation. They believe that it is fair to pay the City's administrative costs. 11. Code Enforcement Reduction of Fine /Lien for Property Located at 1008 Wyoming Court. (Fire Chief McNeil) This case originated as a complaint forwarded from the police department on July 11, 2010. The request was to examine a vacant home occupied only by several dog, juveniles who slopped occasionally to teed the dogs and hang -out, a junk vehicle and ntisc junk and debris On July 12.. 2010, ('ode Fnfurcentent Officer Edward Loeffler did observe the conditions conveyed in the complaint in addition to disconnected watet utility. disconnected electric utility. open containers of used motor oil, closed containers of unknown chemical content.. 55 gallon drums yvith unknown content, 0\ ergro\v n Yveeds and grass and shattered hunt window glass this property and owner. the Robert 1. Cramer Estate, was immediately cited on the same day, July 12. 2010. for violation of ordinances 115-5. 115-3. 108 -35 and 165 -3 / 168 -4 A 16. 1 he violation notice was posted at the location as person(s) were known to occasionally come and go. Progress Energy Loss Prevention and Orange County Animal Services were also summoned. Due to the severity of the nuisance conditions and their impact on the surrounding residents the notice provided until July 15, 2010. to correct the violations. On July 15. 2010, the property was re- inspected and observed non - compliant. The case was referred to the code enforcement board and presented at the July 27. 2010. code enforcement hoard meeting. Potential buyer Ms. 'fera De 1.a Rosa is requesting the tine /lien amount of $128.000.00 be reduced or eliminated to enable the purchase and occupancy of the property and dwelling. The Code 1:nfo cement Hoard is recommending the tine /lien be reduced to the cit\ 's cost of S1,016.00. Discussion by the board to reduce the amount was based on testimony from the city. potential buyer Ms. lera De 1.a Rosa and real estate agent Ms. Suzy Morrow. No representative of the property owning entity was present. Fire Chief Pete McNeil presented the item to the commission, closing with the tact that given that the ('ode Enforcement Board was approached by a Central Florida Realty representative who asked the code hoard to reduce the fine to the City's cost of $1,016.00. Commissioner Hood asked what the original fine was. Chief McNeil answered that the original line was $128,000 plus administrative costs. When asked how long the property was non - compliant. the chief answered that it had been out of compliance for two years. Commissioner Keller said that the commission is looking at reducing the fine for Ms. De La Rosa who wants to buy the house. but doing so takes the people w ho owned the house off the hook. Commissioner Hood asked how long the bank had owned the house. Ms. Suzy Mauro, Central Florida Realty, stepped forward to speak on behalf of her client Ms. 1)e La Rosa. Ms. Mauro said they had a contract on the property (as of April 18` when they found out that there was this huge lien. Commissioner Keller asked again how long the hank owned the house. Ms. Micky Vardberrio, 1lonte One Residential Bank. formerly known as American home, said that they Page 12 City Commission Regular July 17, 2012 secured the property on February 15. 2012. Commissioner Johnson asked how long the house set empty. Ms. Yardberrio said that she did not know. Mr. Kelly Bruce, a listing agent, said that they listed the property which was all cleaned up when he saw it initially in early March 2012. Commissioner Keller came hack to his original question regarding a) if there was a profit being made in the house and h) if so. is there a way that when a final price is placed on the lien, Ms. De La Rosa shouldn't be paying, is there a way that we can go after the people who owned the house. City Attorney Cookson answered he is unsure if the City can do anything to prevent the hank from passing the fine on to the potential buyer. Further discussion ensued. Commissioner Hood, seconded by Commissioner Wilsen, moved to reduce the fine from $128,000 to $1100. Motion carried 5 -0. l'he commission welcomed Ms. I)e 1.a Rosa to Ocoee. 12. Request from the Parks and Recreation Department for Authorization to Provide for the Sale of Beer and Wine at the Monthly Food Truck Friday Event. (Parks and Recreation Director Hayes) Over the last several events there have been inquiries from the people attending as to whether beer and wine would be provided as part of the event. The Parks and Recreation Department has always been open to new opportunities that would improve the event and generate additional revenue. Therefore, the Parks and Recreation Department is requesting permission to provide tar the sale of beer and wine at this event. The sale of beer and wine would be conducted by a licensed and insured vendor, meeting the City requirements. and the consumption of alcohol would he confined to the areas associated with the Food Truck event within Bill Breeze Park and Municipal lakefront Park. To ensure the safety of the public. Parks and Recreation stall has met with the Police Department and Risk Management Department to carefully analyze issues that could potentially occur when alcohol is present. The Police Department will be prodding an officer at the event to monitor the activities, and the Parks and Recreation staff will provide signage advising people as to where alcohol may be consumed. The sale of beer and wine would coincide Nvilh the same hours of the Food Truck event. between 6:00 pin. to 9:00 pm. Commissioner Hood asked who will be handling the beer. Parks and Recreation Director Hayes stated the city will have a licensed vendor. Mayor Vandergrift asked if the vendor will be paying the city any additional ices for being allowed to offer this service. Parks and Recreation Director Hayes stated the vendor will be required to pay a higher registration fee of $200.00 versus the $35.00 fee for food vendors. Commissioner Hood, seconded by Commissioner Keller, moved to approve the sale of beer and wine at the monthly food truck event. Motion carried 4 -1 with Mayor Vandergrift opposing. Page 13 City Commission Regular July 17, 2012 13. Set Workshop and Hearing Dates for FY 2012/2013 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. The 'PRIM act has specific time frames which must be adhered to for the timing of the hearings. The hearing dates cannot conflict with Orange County (9/06 and 9/20) or Orange County School Board (9/11) hearing dates. Staff recommends the commission select two of the following dates for the August workshops: August 9.13,1529 Staff recommends Commission select one of the following combinations of dates to schedule the public hearings. September 5 and 19 September 1 and 26 or September 13 and 26 Workshops and Hearings will begin at 6:00 p.ni. Finance Director Horton gave the dates staff recommends for the workshops. They were August 9 t11 13 15 and 29 Commissioner Keller, seconded by Commissioner Hood, moved to set the budget workshop dates for August 15 and 29 Motion carried 5 -0. Commissioner flood asked What time the budget Workshop meetings will start. City Manager Frank stated 6:00 p.m. Commissioner Keller, seconded by Commissioner Hood, moved to set the budget hearing dates for September 12 and 26 Motion carried 5 -0. 14. Set Proposed Tentative Millage Rate for FY 2012/2013 Budget. (City Manager Frank) The TRIM Act requires local governing bodies to set a proposed tentative millage rate annually 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 he lowered during the budget hearings in September and has historically been done so 1 City. State Statutes establish levels of approval by the governing body in setting the millage rate. The statutes provides for a maximum millage than can be levied by the governing body with a majority vote. This maximum millage rate for the upcoming fiscal ear, 7.61137, is an increase of the current year millage (5.8460). The rolled hack rate for 201272013 is 6.1304. This rate is higher than the current ear rate due to the decrease in assessed property value again this year. The City's assessed value decreased 549,924,714. This is a reduction of 5283,104 at the current millage rate of 5.8160. The City can set the proposed millage for FY 12' 13 up to 8,3641 with a super majority vote by the Commission. This millage rate would generate 5 13.459,092 in ad valorem revenues. A millage rate higher than the 83461 would require a unanimous vote by the Commission. The proposed hudtet is currently balanced at 5.8460 which is the same rate as FY 1 1/12. This millage rate is less than the rolled hack rate. City Manager Frank advised that commission needs to set the proposed millage rate. Staff is recommending an average rate between 6.1304 and 7.6037. They currently have the budget balanced at 5.8460. Commissioner .Johnson asked if the 5.846() rate includes raises for employees. City Manager Frank stated no. it is something that commission will consider at the budget workshops and bearings. Commissioner Wilsen, seconded by Commissioner Hood, moved to set the proposed millage rate at 6.25. Motion carried 4 -1 with Mayor Vandergrift opposing. Page 14 City Commission Regular July 17, 2012 L STAFF ACTION ITEMS J. COMMENTS FROM COMMISSIONERS Commissioner Keller— None Commissioner Johnson — None Commissioner Wilsen- reminded ev eryone about the 5 Annual Ocoee Military Show from 9:00 a.m. -- 5:00 p.m. this Saturday at the Community Center. Commissioner Hood — 1) announced that the Food "Truck ey enl is this Friday. 2) advised he is still working on getting the lights on Ingram Road but things do Seem to be moving forward. and 3) requested to please keep the Crews family in your prayers. Mayor Vandergrift — announced that the northwest section of the city is going to be bused to Lakeview Middle School and thinks this is the time for the city to explore Charter Schools. Commissioner Keller commented that he does not think citizens are going to he willing to move their kids from an "A' and "13 school into a charter school that may or may not he better. AI)JOURNMENT 1 he meeting was adjourned at 10:39 p.m. APPROVED: Attest: City of Ocoee `tllf enherry, City Clerk S. Scott Vandergrift, Mayor Page 15