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HomeMy WebLinkAbout12-06-05 Minutes MINUTES OCOEE CITY COMMISSION . December 6, 2005 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 Anderson gave the Invocation and Danny Vareen led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner Johnson, and Commissioner Parker. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS Mike Armbruster, Principal of Ocoee High School presented Commissioners with shirts and a football from the first game, in appreciation for all of the support and assistance they have provided. He reminded everyone of Dedication Ceremony at Ocoee High School on Thursday 9:00 a.m. Presentation of Rocking Chair to Former Commissioner Howell. (Mayor Vandergrift) This presentation was postponed until just before the Consent Agenda. Presentation of Player of the Year Award to Kyle Smith and Kari Lynn Fenton - Tennis Coach Jim Vinson. Proclamation - You Drink & Drive. You Lose Weeks - December 10, 2005 - January 1, 2006. (Mayor Vandergrift) I C. COMMENTS FROM CITIZENS/PUBLIC Henry Morgan - 305 N. Lakeshore Drive, said he was happy to see that the City is bringing the garbage service back in-house, and asked for an explanation of the process of placing garbage fees on the tax roll; discussed the possibility of taking over the commercial garbage collection in the future. City Attorney Rosenthal explained that residents will continue to be billed monthly through 2006, but the tax bill that is received in November 2006 will include the non-advalorem tax for garbage for the year 2007. The Mayor and City Attorney explained the advantage of placing this on the tax roll is a higher percentage rate of collection for the garbage fees, to save administrative costs for billing residents that do not get water from the City, and to pick up additional vacant lands who only use garbage services and do not currently receive a utility bill. City Commission Regular Meeting December 6, 2005 Danny Vareen- Police Chief for Eatonville and Ocoee Human Relations Diversity Board member, asked for support from the City to fund various events and projects, and for education of its members. Discussion followed regarding the need to have a policy for all voluntary boards, and appropriate funds that should come from the City. Consensus of the Commission that a policv should be adopted to reaulate funds to various boards and a procedure should be developed on how boards should brina requests for fundina for education and other needs before the Commission. either durina the budaet process or as the needs arise. Joel Keller, 5021 Lighterwood Court, asked if the by-laws of the CACOPD Board could be changed to have the Board report directly to the Commission. Mayor Vandergrift asked that staff submit the proposed revisions to the resolution and by-laws for consideration by the Commission, and suggested the revisions allow for the Police Chief to be simultaneously notified of recommendations the board will make to the Commission. Consensus of the Commission to have staff make proposed chanaes to the bv-Iaws that would make this board an advisory board to the Commission. and brina back it to the Commission for approval. I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Hood - 1) thanked the United Methodist church for the lunch they provided on Saturday between the two Christmas Parades, 2) thanked the Lions Club for organizing a great parade, and thanked County Commissioner Theresa Jacobs for participating, and 3) reminded everyone of the Lions Club Turkey Shoot on Saturday, December 8, 2005. Commissioner Anderson- 1) said the Christmas Parade was great and had the largest turnout he has ever seen, and 2) said that the Ocoee Youth Soccer League will be receiving the first draw on the Field of Dreams Grant, in the amount of $25,000, at the Beech Center on Saturday, December 8, 2005, at 10:00 a.m. Commissioner Parker- 1) said the Fire Department will be presenting "Operation Santa" on December 1 ih through December 20, where they will be escorting Santa Claus thorough Ocoee neighborhoods on the fire truck. Times and Dates should be posted on the City website and OGTV, and thanked everyone for the great Christmas Parade. Mayor Vandergrift- 1) asked if Public Works would take care landscape buffering, possibly a hedge along Bowness Road, and get rid of wrecked cars there. Public Works Director Zaitooni said the cars have already been removed, 2) complimented staff on the decorations at City Hall, and 3) said the "Ax the Tax" group would like the City to consider a resolution opposing the Light Rail, and 4) showed a large thank you card and photograph he received from Pack 217 for the tour of City Hall and lesson they participated in last week. Commissioner Johnson - none EMERGENCY ITEM - Village Marketplace Shopping Center - Request for extension of time to satisfy conditions for the Development Agreement and Plat. Mayor Vandergrift declared this an emergency item. City Attorney Rosenthal advised that the third extension expired, but they will need more time to satisfy the conditions for the development agreement and plat. They are closing tomorrow, Page 2 of9 City Commission Regular Meeting December 6, 2005 but the extension needs to be granted to avoid the need to start the process over. Staff recommends that the Commission extend the deadline until January 6,2006. Commissioner Anderson seconded bv Commissioner Parker. moved to approve the extension of time until January 6. 2006. for BP Products American. Inc.. Villaae Marketplace Investors. Ltd.. and Debra S. Meredith Kraft to satisfy the continaencies associated with the June 21. 2005 approval of the Development Aareement and Plat of Villaae Marketplace. Presentation of Rocking Chair to Former Commissioner Howell. (Mayor Vandergrift). Commissioner Howell said he enjoyed serving the citizens for 18 years. He said the residents are loyal to their Commissioner and he is glad Commissioner Hood is doing a good job. He said he would like the Commission to consider giving a rocking chair to former Police Officer Chuck Seaver, for his 22 years of service. He said he would donate his chair, if necessary. Consensus of the Commission to direct staff to create a policv reaardina the appropriate "awards for service" that should be aiven to City emplovees and volunteers for their service to the City. I E. CONSENT AGENDA Approva.la.lld Acceptance of Workshop Minutes .of October 26, 2005, and the R.egular City Commission Minutes of November 15,2005. (City ClerkEikenberry) 2. ApprovaLof3-YearLease-:pufchase of New.and.Replacement Police Vehicles for FY 05/06. .. (Purchasing Agent Tolbert) The budget for Fiscal Year 05/06 includes the lease-purchase of new and replacement police vehicles. Authorization is needed to piggyback the FSA contracts, on the items listed. This lease-purchase agreement is for three (3) years, and is the first of two lease agreements needed to finance the remainder of the budgeted vehicles and equipment. The State of Florida and the Florida Sheriffs Association (FSA) & Florida Association of CountieslFlorida Fire Chiefs Association bids were reviewed for the best pricing based on factors such as price and options available. The total cost for the vehicles requiring approval is $226,733.71, to close on or before the end of December 2005. 3. Approval of Interlocal Agreement with Orange County Regarding CeIlterStreetPond. (Public Works Director Zaitooni) **this item waspulledfrol11the consentagenda 4. ApprovaLofCha 5-15, GeneraL Mowing & Landscaping Contract. (Assistan u ic or Direc ott) Change Order #1 to Contract B05-15, General Mowing & Landscaping Contract is for the addition of the Ocoee Crown Point Parkway right-of-way, to the existing contract. The contract includes mowing, edging, blowing, weed control, trimming, and pruning of the area as well as a once a year application of mulch for Ocoee Crown Point Parkway (from Ocoee-Apopka Rd, south side and medians to the end; and on the north side from the canal west to the end). The cost of Change Order #1 is $350.00 per cycle, plus $2,000 annually for mulching applications. The total estimated annual cost for this change order is $15,300 ($1,275.00 per month). All other terms of the contract will remain unchanged. Funds are available from the Department's Contractual Services account Page 3 of9 City Commission Regular Meeting December 6, 2005 5. Approval of RenewaL of Short Term Lease Agreemenf..With First ClassCoscb & Equipment, Inc. (AssistantPtiblicWorks Director Elliott) First Class Coach and Equipment, Inc. requested permission to store up to 50 buses on the city's Public Works Complex located at 301 Maguire Road in a location designated by the city. City Commission on August 16, 2005, approved a 3-month lease agreement, which would provide for insurance coverage and hold the City harmless from any liabilities. The terms of the agreement are for a three-month period in the amount of $2,000 per month (total lease period amount: $6000) and a maximum of 50 busses is allowable. First Class Coach & Equipment, Inc. is requesting that the city enter into another agreement, for an additional three-month period. 6. First Amendment to Tri-Party Easement Agreement witbOrangeCOunty.and. City of Wiriter. GardenR.egarding West Orange Trail Crossings. (City. Atto rne)' Rosentha.l) At the time of the purchase of the "Coca-Cola Property" the land was encumbered by a Tri-Party Easement Agreement between Coca-Cola, Orange County and Winter Garden. This Agreement is in place because the West Orange Trail and a Winter Garden underground sewer line bisect the Coca-Cola Property. The Agreement addressed the terms and conditions under which Coca-Cola could cross the Trail and the sewer line. The Agreement does not match the approved Ocoee Crown Point PUD Land Use Plan and needs to be amended in order to allow development which crosses the West Orange Trail as set forth on the Land Use Plan. Consent AgendaVote: Mavor Vanderarift seconded bv Commissioner Anderson. moved to approve Consent Aaenda Items 1. 2. 4. 5 and 6. as presented. Item #3 was pulled from Consent and heard separatelv. Motion carried 5-0. 3. Approval oflnterlocal Agreement witbOrange County Regarding Center Street Pond. (Public Works Director Zaitooni) Thisitem was pulledfromtheconsentagendaandheard separately Currently a portion of property necessary to the drainage improvement project scheduled for the Center Street area is owned by Orange County. An interlocal agreement is necessary to (1) transfer the property over to the city for ownership, maintenance, and control and (2) transfer Center Street to the city formally. The county agrees with the city that it is in the best interest of the public that jurisdiction over Center Street be transferred to the city and that it is further in the public interest to make drainage improvements to the area for the benefit of the residents of the city and those in unincorporated Orange County. The interlocal agreement defines issues such as design and construction of the drainage improvements, a timeframe for conveyance of the property to the City, a granting of right of entry for the purpose of design and construction, setting of liability for operation and maintenance of the area, definition of the city's jurisdiction over the roadway, exclusion of any third party benefits, acknowledgment of an understanding of the entire agreement by all parities, notification requirements, stating that the agreement shall be interpreted by the law, time is of the essence declared, remedies available to each party for failure to perform contract obligations, neither party is liable for delay or damage arising from natural occurrences, etc., this agreement can have further counterparts which will become part of the original instrument, and shall provide for an effective date. City Attorney Rosenthal advised that changes were made to the Interlocal Agreement with Orange County since it was distributed with the agenda packet. He said the changes in the language were just finalized today and they are not substantive changes, and do not affect what the agreement does. Commissioner Anderson seconded bv Commissioner Hood. moved to approve Items #2 with the amendments to the Interlocal Aareement. Motion carried 5-0. Page 4 of9 City Commission Regular Meeting December 6, 2005 I F. PUBLIC HEARINGS 7. Prairie Lakes Tract A -Preliminary Subdivision <Plan. (Planllillg Manager Armstrong). (Advertised in Orlando Sentinel Orange Extra on Thursday, November 24, 2005.) Prairie Lake Tract A is located on 'Tract A' of the approved Prairie Lake Planned Unit Development (PUD), adjoining Lake Meadow. More specifically, the subject project is located at the northwest intersection of Clarke Road and AD Mims Road. The subject property comprises 44.18 acres and is heavily wooded. It is designated as High Density Residential on the Future Land Use Map (FLUM). The Prairie Lake Planned Unit Development (PUD) limits the maximum number of units for Tract A at 385. Staff has determined that the proposed density and type of units are consistent with the approved Prairie Lake PUD Land Use Plan, last modified on September 10,2003. The Prairie Lake Tract A residential development is proposed to be developed with 213 housing units (87 single family and 126 fee-simple townhome units). Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners approve the Preliminary Subdivision Plan for Prairie Lake Tract A, as date stamped received by the City on November 16, 2005, including consideration of the waiver request for the community building and subject to the following conditions: 1) Modification of the radius at each entrance into the project from 50 feet to a safer and more pedestrian-friendly radius of 15 to 25 feet; 2) Increase the sidewalk along AD Mims from 5 feet to 8 feet; and, 3)Tree protection notes to be added to the plan during the Final Subdivision Plan process. Planning Manager Armstrong gave an overview of the Plan for Prairie Lakes and said the applicant is asking for a waiver from the code requirement that the Community Center be a closed building, and instead be allowed to create an open air pavilion. She also said that staff worked with Tract H, part of the overall Prairie Lakes PUD, to have the developer work with the Silvestri Investments to convey a portion of it to the City in the future for a bike or pedestrian trail. City Attorney Rosenthal said he believes the motivation for that would be due to the developer's entitlement to Park Impact Fee credits, which is addressed in the existing PUD agreement. City Attorney Rosenthal advised that the City has retained Special Counsel on legal matters in connection with the review on this project because of Foley and Lardner's representation of Ryland Homes on other matters. Discussion followed regarding the lighting from the soccer fields creating a nuisance for the future residents, and possibly placing signage on the soccer field so potential buyers would be made aware. There was discussion and suggestion of additional tall landscape buffering along the side of the soccer field that would border the residential area. Tom McCarthy, Vice President for Land Development at Ryland Homes said that the townhomes and residences will all be under one HOA; addressed the sidewalk system near the railroad tracks; and said he thinks the pines trees would create a good buffer, but nothing will completely shield the light from the residences. He said they typically ask the homeowner to sign a disclaimer understanding that there is a lighted complex behind their homes. Commissioner Parker was still concerned with tying Tract H to the platting of this project. Special Counsel Mary Snead- said Silvestri Investments is working with the property owner on this issue and in the event there is a problem it could be revisited during the final subdivision plan, which will take place in three to four months. Mayor Pro Tem Anderson opened the Public Hearing R.P. Monacky, 1820 Prairie Lake Blvd., asked about the square footage of the single-family residences, and was advised they start at 1400 sq. ft. Mayor Pro Tem Anderson closed the Public Hearing Page 5 of9 City Commission Regular Meeting December 6, 2005 Commissioner Parker moved to approve the preliminarv subdivision plan per staff recommendations with the exception arantina the waiver for an open air pavilion rather than covered community center. and revisitina the issue with Tract H if it is not resolved. Motion died for lack of a second. Commissioner Johnson seconded bv Commissioner Hood moved to approve the preliminarv subdivision plan per staff recommendations. arantina the waiver for the open air pavilion. addina increased landscape bufferina alona the side the of the soccer field that will border the residential area. and allowina for the issues with Tract H to be revisited durina the Final Subdivision Plan Hearina if they are not addressed before that time. Motion carried 5-0. ORDINANCE SECOND READINGS 8. PersonneL Rules and Regulations Ordinance. (Human Resources Directof..Carriicella) (Advertised in Orlando Sentinel Orange Extra on Sunday, November 27,2005.) The Personnel Rules and Regulations are the policies, procedures and entitlements that govern the terms and conditions of employment for those employees covered by the same. These Personnel Rules and Regulations are also known as the PRR's or Rules and Regulations. The Human Resources Department is responsible to administer the PRR's for the City Manager. The Ordinance providing for the PRR's has not been amended since 1999 and the City Manager has requested the Human Resources Director complete the draft revisions of the PRR's, which was started in 2004. This revision of the PRR's is a comprehensive edit and includes many new provisions. Human Resources Director Carnicella advised of changes that had been made, which incorporated issues that were raised during the workshop and the first reading of the ordinance. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing. Commissioner Johnson seconded bv Commissioner Parker moved to adopt on second readina. the Ordinance No. 2005-017 approvina the Personnel Rules and Reaulations as revised and submitted bv staff. No vote was taken due to subsequent amendments. Commissioner Johnson seconded bv Commissioner Parker moved amend the motion to exclude Assistant and Deputv Directors from the car allowance and provide that benefit for Department Directors onlv. Motion carried 4-1. with Commissioner Anderson opposed. Commissioner Anderson moved to amend the motion to eliminate the added benefits packaae for all "at will" emplovees. Motion died for lack of second. A vote was taken on the oriainal motion. as amended. Motion carried 4-1. with Commissioner Anderson opposed. Page 6 of9 City Commission Regular Meeting December 6, 2005 The ordinance adopted on second reading carries the following title: ORDINANCE NO. 2005-017 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO THE PERSONEL RULES AND REGULATIONS; REPEALING ORDINANCE NUMBER 99-12 AS IT MAY HAVE FROM TIME TO TIME BEEN AMENDED; ADOPTING AND APPROVING THE CITY OF OCOEE PERSOMMEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTION DATE. I G. REGULAR AGENDA 9. <Ocoee CroWI1Point PUD RFP # 06..001. (CommulliiYI>evelopmeIltDirector Wagller) The RFP solicits proposals from private developers who will purchase, design, and construct a single-family residential project on the 75-acre tract earmarked for that purpose within the Ocoee Crown Point PUD. The City anticipates that a minimum of 250 residential lots may be developed on the site. The RFP is designed to maximize the return to the City by making the sale based upon the actual number of lots to be developed subject to a minimum purchase price. Staff expects that the sale of this property will, at a minimum payoff all City acquisition costs, professional fees, and infrastructure costs associated with the project up to this point. Staff respectfully recommends that the Mayor and City Commissioners authorize staff to advertise the attached Request for Proposal for sale of residential land within the Ocoee Crown Point PUD and further direct the City Manager to review all proposals and recommend three or more development teams for final consideration by the City Commission. Community Development Director Wagner gave on overview of the property since its acquisition. He said those making proposals, as well as employees, have been advised that except for the Purchasing Agent, there is to be no communication, written or verbal, with any city employee, Elected Official, Board Member, or City Representative during the course of this solicitation other than at the Mandatory Pre-proposal Conference. Commissioner Johnson seconded bv Commissioner Hood moved authorize staff to advertise the attached Request for Proposal for sale of residential land within the Ocoee Crown Point PUD and further direct the City Manaaer to review all proposals and recommend three or more development teams for final consideration bv the City Commission. Motion carried 5-0. LO.Ocoee....CroWll. Point PUDProfessional Services. <(Community DeveloplI1enf Director Wagner) The City authorized our consultants, Vanasse Hangen Brustlin, Inc. (VHB), to prepare the Master Plan for the Ocoee Crown Point PUD, Phase I Infrastructure Design, and the Lake Apopka Pond including construction administration services. A specified Scope of Services was outlined for each of these professional service contracts. The fees associated with this work have been cost shared with the Orange County School Board as a partner in this venture. Staff respectfully recommends that the Mayor and City Commissioners authorize payments from the Sun Trust Line of Credit to VHB to cover Professional Services already undertaken with regard to Phase I Construction Administration ($18,454.41) and those proposed in connection with the Scope of Services for the Residential Land Sale ($50,000). Page 7 of9 City Commission Regular Meeting December 6, 2005 Commissioner Johnson seconded bv Commissioner Hood. moved to authorize payments from the Sun Trust Line of Credit to VHB to cover Professional Services alreadv undertaken with reaard to Phase I Construction Administration ($18.454.41) and those proposed in connection with the Scope of Services for the Residential land Sale ($50.000). Motion carried 5-0. 11. Bowers Mediated Settlement. ..Agreement..iIlConuectiou. witb:ElllinentDoltla.iIl Proceedings Rela' totheOldWintefGarden RoadWideIling Project. (A.ssistarit City Attorney So. I ard before Item #10 As part of the Old Winter Garden Road Widening Project, the City acquired Parcels 122, 123, and 124 through condemnations. The property falls within Part B of the Old Winter Garden Road Widening Project. Orange County is responsible for 100% of the project costs under an Interlocal Agreement. Pursuant to Florida Statutes, the City is responsible for the reasonable expert fees and costs incurred by the Bowers in the eminent domain proceedings. The City Attorney recommends that the City Commission approve the mediated settlement in the amount of $127,500.00, the payment of $23,271.00 in expert fees and costs, and authorize the City Attorney or Assistant City Attorney to execute a final judgment for these amounts. Assistant City Attorney Solik gave a summary of the settlement process. Commissioner Johnson seconded bv Commissioner Parker. moved to approve the mediated settlement in the amount of $127.500.00. the payment of $23.271.00 in expert fees and costs. and authorized the City Attornev or Assistant City Attornev to execute a final iudament for these amounts. Motion carried 5-0. 12.Discussion and Direction Regarding Naming of Ben. Griffin Drive. (Assistant Public Works Director Elliott) Thisiternwas movedandheard before Item #7 At the City Commission meeting on September 20, 2005, staff was directed to look into naming a street downtown in honor of long-time resident Ben Griffin. At that time the City Commission directed the City Manager to have staff present options for such a project and make a recommendation to that effect. City staff is offering the following options as potential roadways that could be named Ben Griffin Drive: 1) The entrance into the City Hall Complex, 2) The entrance into the new Public Works Facility, or 3) A roadway within a new subdivision. Assistant Public Works Director Elliot gave a list of three options for naming a roadway after Ben Griffin. Discussion occurred regarding the appropriate way to name streets, buildings, and areas after people who have contributed to the City. Mayor Vandergrift suggested having a "walk of fame" with sections or bricks dedicated to certain people and a discussion followed in favor of that idea. Commissioner Parker said she would like to see the unveiling of the "walk of fame" happen on Founder's Day next year. It was agreed that the City needs to put a policy in place with criteria for who will be honored, and how they will be honored, for this dedication and future dedications. Consensus of the Commission was to have Commissioner Parker take this issue to the Historical Commission to make recommendations and to create a policv for future naminas of pathways. streets. parks. etc. which would pay tribute to the residents who have contributed so much to the City. Page 8 of9 City Commission Regular Meeting December 6, 2005 I H. STAFF REPORTS City Clerk Eikenberry - asked for direction from the Commission regarding Early Voting in the March 2006 Election. Consensus of the Commission was to move forward with an ordinance to "opt out" of the Earlv Votina, and have the Oranae County Supervisor of Elections handle it. Police Chief Goclon- discussed the "You Drink, You Drive, You Loose" program. I I. COMMENTS FROM COMMISSIONERS Commissioner Anderson 1) asked staff to coordinate with the Ocoee Youth Soccer League for the event on Saturday when we receive the first part of the Field of Dreams Grant, and 2) asked about looking into what could be done to habitual Code violators in the City. Commissioner Johnson advised that the City of Winter Garden paid the high school marching bands who participated in the Christmas parade and he feels that we should do the same. Commissioner Johnson seconded bv Commissioner Hood, moved to approve a payment of $700.00 each. from the Commission Continaencv Fund. to Ocoee Hiah School and to West Oranae Hiah School. Motion carried 5-0. Commissioner Parker - no comments Mayor Vandergrift - 1) reminded everyone of the Dedication Ceremony at Ocoee High School on Thursday 9:00 a.m., and 2) announced the "Nunscracker," a musical comedy play at the Ocoee High School. I ADJOURNMENT The meeting adjourned at 9:50 p.m. Attest: APPROVED: City of Ocoee :'. . .1' C''' ,." \ _..~-ti\ C;~~\iJJe.1\ Beth Eikenberry, City Clerk / Page 9 of9