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HomeMy WebLinkAboutItem #01 Approval of Minutes for the Special Meeting Fire Assessment Final Resolution Held on September 5, 2013, and Regular Commission Meeting Held September 17, 2013Special Meeting Fire Assessment Final Resolution OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive, Ocoee, FL September 5, 2013 AGENDA 6:00 p.m. I. CALL TO ORDER Mayor Vandergrift called the Fires Assessment Public Hearing to order at 6:00 p.m. in the Commission Chambers of City Hall. The Pledge of Allegiance to the Flag, led by Commissioner Grogan. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry IL Public Hearing - Final Resolution for the Fire Assessment Fee (Advertised in the Orlando Sentinel Classified Legal on Thursday, August 8, 2013). (Assistant City Manager Shadrix) The final steps in implementing the fire assessment fee are for the City to adopt the final fire assessment fee resolution. Upon adoption the City needs only to certify the assessment roll to the Tax Collector by September 15, 2013, before the assessment appears on the November 2013 tax bill. Assistant City Manager Shadrix gave a PowerPoint presentation; he explained the current year budget and property tax revenue, as well as projections for Fiscal Year 2013 -14. He explained that the proposed Fire Department budget represents 16% of the General Fund, or $5,666,890. This is equivalent to 3.53 mills if fully funded by property tax. The actual cost to provide fire services is much higher due to the way we calculate fuel, vehicle repairs, insurance, and other shared costs. He further explained how the Fire Assessment would cover a portion of the fire services in Ocoee. He explained that a Fire Protection Unit is a unit of measure calculated based on two things; hazard classes, the relative level of hazard imposed by the structure; and, square footage, the size of the structure. He explained that the square footage used in the calculation includes any covered structure attached to the house such as patios, covered walkways, garages, etc. He noted that this methodology is better than the flat rate considered in 2008 because it more evenly distributes the cost across all landowners. He further explained that the number of total fire protection units is 25,012 and at the full allocation it would be $230.00 per Fire Protection Unit, with all applicable adjustments. He noted that adding the Fire Protection Fee ties the cost of the actual service more directly to the need for the service. It also frees up some general fund money that allows the City to do some badly needed capital improvement projects. The proposed maximum fire assessment is $69.50 per Fire Protection Unit; this would generate approximately 1.6 million dollars. After public input and discussion at previous commission meetings, there has been discussion to reduce that to $33.78 per Fire Protection Unit. Each dollar of Fire Assessment would produce $23,558 in revenues to pay for the fire service. Mr. Shadrix also noted that there has been discussion about reducing the mileage rate on property taxes in conjunction with implementing the fire assessment fee and he gave some scenarios on how different homes and businesses would be affected. The PowerPoint presentation is attached. September 5, 2013 Page 2 of 6 City Commission Budget Workshop Commissioner Keller clarified that if the millage rate was reduced by .6, would it be a break even scenario with the millage rate and addition of the fire fee. He said that if a fire fee is approved, he will ask that that same amount gets removed from the budget at the upcoming budget public hearing. If the Commission wants to add monies back in to do projects, we can still keep the rate down. He said he does not his wish to raise taxes; they want to fund the fire department in a way that takes some pressure off of the general fund. The City has to do things like adding sewer in the downtown are to entice commercial business. He stated at the next budget hearing, he will be making a motion to reduce the taxes by the amount of the fire fee. However, those who are paying no taxes at all right now will have to pay some money to the city. City Attorney Cookson introduced the following documents into the record. He advised that the documents were in the position of the City Clerk. Additionally, he advised that members of the Clerk's Office were at the Help Desk in the lobby; they have the documents stored electronically if anyone would like to view any of these items during the meeting: A. A certified copy of City Ordinance 2013 -010, the ordinance imposing the fire assessment. B. A certified copy of City Resolution 2013 -010, the preliminary resolution calling for the hearing tonight. C. The fire assessment roll D. The City of Ocoee Fire Assessment Dispute Discrepancies /Corrections Log from phone in calls received by the City. E. The notice mailed to property owners F. Written objections received by the City. G. The slide presentation presented by Assistant City Manager Shadrix III. Public Comments Citizens will be given an opportunity to fill out a speaker form and speak at the public podium. Citizen comments will be limited to three minutes per speaker. All persons speaking must do so in accordance with the City of Ocoee Civility Code (see reverse side). Mayor Vandergrift explained that he will call speakers up 3 at a time; at this time he has forms filled out for 27 speakers. If people still have more to say after everyone has had a chance to speak; he may allow more time for them. The following people spoke: 1. Nancy Poe, 1202 Pinewood Lane, Ocoee, OPPOSED 2. Thomas Payne, 1422 Center Street, Ocoee, OPPOSED 3. Scott Delaney, 800 Center Street, Ocoee, OPPOSED 4. Wendy Bolduc, 508 Shumard, Ocoee, OPPOSED 5. Smitty Branch, 428 E Lakeshore Drive, Ocoee, OPPOSED 6. Robert Yost, 2321 Laurel Blossom, Ocoee, OPPOSED 7. Mohammed Ali, 1408 Vickers Lake Dr, Ocoee, OPPOSED 8. Aldwyn Gopaul, 1401 Vickers, Lake, Ocoee, OPPOSED 9. Bibi S. Khalil, 528 Cadby Circle, Ocoee, OPPOSED 10. Michael Massey, 249 Capitol Ct. Ocoee, OPPOSED 11. Joe Osowiecki, 2029 Majestic Elm Blvd, Ocoee, OPPOSED 12. Barbara Buehrer, 707 Suzette Dr, Ocoee, OPPOSED September 5, 2013 City Commission Budget Workshop Page 3 of 6 13. David Moore, 2712 Estep Ct, Ocoee, OPPOSED 14. Arna Mendez, 112 Coquina Key Drive, Ocoee, OPPOSED 15. Mel Sligh, 224 Lee St, Ocoee„ OPPOSED 16. Henry Morgan, 304 Lakeshore Dr, Ocoee, OPPOSED 17. Barbara Martin, 1238 Russell, Ocoee, OPPOSED 18. David Knight, 1407 Snowden St, Ocoee, OPPOSED 19. Mohammad Yaqub, 201 Belhaven, Ocoee, OPPOSED 20. Yuging Fan, 2967 Cardassi Dr, Ocoee, OPPOSED 21. Alvin Morgan, 2677 Grapevine Crest, Ocoee, OPPOSED 22. Joe McElroy, 1826 Cassinham, Ocoee, OPPOSED 23. Elizabeth Osbourne, 108 Miller Ct, Ocoee, OPPOSED 24. Rob McKey, 1110 Wineberry Ct, Ocoee, OPPOSED 25. Sally Miller, 709 E Lakeshore Drive, Ocoee, OPPOSED 26. Martha Lopez Anderson, 2438 Alclobe Circle, Ocoee, OPPOSED 27. Tom Ginther, 401 Enterprise St, Ocoee, OPPOSED 28. Keith Butts, 302 Sanibel St, Ocoee, OPPOSED 29. Jean Mowatt, 1011 Red Dandy Drive, Ocoee, OPPOSED 30. Robert Piezon, 3100 Old Winter Garden Rd. Forest Oaks Apartments, Ocoee, OPPOSED 31. Rob White, Withers Court in Forest Oaks, Ocoee, OPPOSED 32. Shaman Foradi, 11318 Winston Willow Ct, Ocoee, OPPOSED 33. Betty Haas, 3326 Johio Shores Road, Orlando, OPPOSED 34. Lester Dabbs, 619 Caborca Ct, Ocoee, IN FAVOR 35. Janet Massey, 249 Capital Court, Ocoee, OPPOSED 36. Ron Barnett, 3138 Jamber Drive, Ocoee, OPPOSED 37. Betty Hass for Bobby Haas, 3326 26 Johio Shores Drive, Ocoee, OPPOSED 38. Chad Shafer, 267 Robyns Glenn Rd, Ocoee, IN FAVOR Mayor Vandergrift read an email from Teresa and Adam Bar, 109 Braelock Drive, Ocoee and confirmed there were no other live emails that had been received during the meeting. He also announced that the Budget Public Hearings are September 11 & 26, 2013. IV. Discussion Commissioner Keller thanked the residents for coming out and giving their input. He also recommended that they attend the county and school budget hearings. He said if you just look at the Ocoee taxes on your tax bill, you will see that your taxes have gone down every year for the last four years. The Commission knows you are hurting out there and we have done everything we can to reduce your taxes each year. It is not the same with the County and the School Board, and you need to take that up with them. Yes, we spent over 2 million dollars on the new event center, but we anticipate bringing in more than enough revenue to pay the cost of construction. He also said the cemetery has been in disrepair for years, everyone complains about it, but it will require money over the next five years dedicated to that project. We have only budgeted enough money to maitain normal services but not do anything more. We need to do better. We want more commercial businesses, especially restaurants. This means we need infrastructure improvements, such as sewer. Once we get a good balance of commercial business in here, they will pay a lot of the taxes. He added that someone mentioned that the City budget is done by an outside source; this is not true. He noted that the budget is done by our staff and our Finance September 5, 2013 Page 4 of 6 City Commission Budget Workshop Director Wanda Horton is one if the finest finance directors he has known and she has saved the City a lot of money. It is wrong for residents to say we are reckless with your money; we have been reducing taxes every year. There is no waste in our budget because we have been cutting it every year and there is money left for waste. He said the fire fee needs to be done to free up general fund money so that we can get some of these projects done. The first thing you will hear him do at the budget meeting is to make a motion to remove, from the budget, an amount that is equivalent to the fire fee. This fee will collect some money from those who have been exempt from paying taxes for many years. Commissioner Grogan said he has only been in office six months and the last three of them have been spend on budget. He is educated in budget and finance, but it is different the way a government operates. He said Ocoee has some of the smartest and best staff anywhere. He agrees with Martha Lopez Anderson that we need a focus on what will be done with money. We are going to have a strategic plan done with 3 -5 projects and everyone will know exactly where the money is going. Primarily, it will be infrastructure improvements to bring in more commercial business. Right now we have 90% commercial and we need to have a 50150 balance with commercial and residential. He said that people need to get educated with the budget process, before they make the type of comments that are being made here. It takes staff three months to balance come up with a proposed budget. Residents should attend the public hearings and give their input. A member of the audience said they would rather cut services than raise taxes, and gave an example of garbage collection once per week. Commissioner Johnson and Commissioner Grogan said that is not a popular option throughout the city. Commissioner Wilsen said if more people recycled, we could save money and possibly cut the garbage pickups. Most people don't recycle. Tonight she heard people clapping when people spoke in opposition to the fee. She said everyone clapped when a resident said they need focus to move the city forward with specific improvements. There are mixed signals in that you want things done, but don't want any new taxes to get those things accomplished. She added that she is not in favor of the $69.50 per FPU; she would rather see it go lower than the half price option that has also been suggested. She discussed the need for people to get more involved; the Commission meetings are televised and it is easy for them to understand why they make decisions they make. She said she never heard a negative word about the event center until it was already under construction. Everybody wants roads paved, speed bumps, pot holes filled, etc. The only number on the tax bill that we control is the Ocoee line item. Commissioner Wilsen discussed the Maine Street project and who it will help to bring in business. She said for years people have been saying that they want a Tanner Hall and now we are going to have something that is better than Tanner Hall. She said she hears the threats that they will not vote her back into office, but she will continue to do what is best for the City today and not worry about the next election. Commissioner Johnson said he has lived in Ocoee since 1955; his wife was born and raised here. He is a retired mailman. Also four of his five kids live in Ocoee. He discussed with Mr. Sligh that out paying some money to the city even if he is exempt from property taxes; he is still using the services and streets, etc. He also discussed that the Farmer's Market failed because no one came to it, not for any other reason. He said that Winter Garden Downtown is what it is because the County put tracks through the middle of town. We remodeled and put brick pavers in our downtown area and have great plans for it if we ever have the money to continue it. Discussed the new owner of West Oaks Mall, and said he is advising he will have that mall thriving in a few years. We will wait and see. Commissioner Johnson added that he does not September 5, 2013 Page 5 of 6 City Commission Budget Workshop understand some of the comments made with regard to raising taxes, their Ocoee taxes have been going down. Next year even the stormwater fee will go down. He addressed the "softball park" that was discussed. He said it will be much more than that; it will be tennis courts, a walking park, and a road that ties into Ocoee Apopka Road. We are trying to come up with ways to get projects done without raising ad valorem taxes. He noted that the budget hearings are where the entire $60 million dollar budget is discussed and no one shows up to them, but everyone shows up if they get a bill for $100 dollars. There are at least 100 people here tonight. He said that this is his home; he is not going anywhere because it is the town he loves to be in and wants to be here. He said the Commissioners work many hours for little money, this is not a part time job. It is not an easy job because they get a lot of grief at time like tonight. He also discussed needed improvements to the cemetery and sidewalks. He discussed the cost of police and fire services. He noted that we have lost 13% to 18% in ad valorem taxes every year for the last five years. He said when he received his letter he was surprised because he did not understand that homes would have more than one Fire Protection Unit. They have been discussing it at meetings and plan to reduce that amount. Additionally, they are trying to reduce the ad valorem. He said people have suggested that they get rid of a City fire department and turn it over to the county but that is not what we want to do. V. Approval of Final Resolution A. Motion to adopt the Final Fire Assessment Resolution No. 2013 -012 Commissioner Wilsen, seconded by Commissioner Keller, made a motion to adopt Resolution No. 2013 -012, authorizing the implementation of a Fire Assessment the rate of $27.40 per Fire Protection Unit (FPU). Assistant City Manager Shadrix mentioned that the resolution allows for people to apply for hardship based on an income poverty threshold and if the commission desires that to be in the resolution they should include that in the motion. Commissioner Wilsen, seconded bV Commissioner Keller, made a motion to amend to motion to include that the hardship clause be added to the fee assessment process. Motion carried 4 -1 with Mayor Vandergrift opposed Mayor Vandergrift discussed the difference between needs and wants. He talked about the development of the CRA and how it caused taxes from that area to be kept within the city. In previous years there has been a focus group for strategic planning and he feels we need to do that again. How is Ocoee special? He has been working on the education system and would like to see Ocoee have a Charter School System as well as a University campus out near the high school. He would like Ocoee to be designated as an educational town, such as Gainesville. He is voting no on the fire assessment because he feels that it is just another tax. September 5, 2013 Page 6 of 6 City Commission Budget Workshop B. Read title of Resolution. City Attorney Cookson read the title of the ordinance. RESOLUTION NO. 2013 -012 A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITES AND PROGRAMS THROUGH THE CITY OF OCOEE; IMPOSING FIRE PROTECTION ASSESSMENTS AGAINSED ASSESSED PROPERTY LOCATED WITHIN THE CITY OF OCEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013; APPROVING THE ASSESSMENT ROLL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. C. Vote Motion carried 4 -1, with Mayor Vandergrift opposed. VI. ADJOURNMENT The meeting adjourned at 9:49 p.m. Attest: Beth Eikenberry, City Clerk APPROVED: City of Ocoee S. Scott Vandergrift, Mayor MINUTES September 17, 2013, 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. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Johnson. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Proclamation — Diaper Need Awareness Week — September S tn -14th Mayor Vandergrift proclaimed September 8th -14th as Diaper Need Awareness Week. Proclamation - Hispanic Heritage Day — Fiesta De Colores Celebration — September 14 Mayor Vandergrift proclaimed September 14 as Hispanic Heritage Day — Fiesta De Colores Celebration Presentation to Recognize Commissioner Wilsen for Being a Part of the League's Tri County Advocacy Team Pilot Project Kathy Till, President of Advocacy Consultant for Florida League of Cities, Inc. presented a Certificate of Advocacy Excellence to Commissioner Wilsen, on behalf of the Florida League of Cities, for Mrs. Wilsen's service and continued support with the Tri- County Advocacy Team Pilot Project. Presentation on Central Florida Water Initiative (CFWI) Nancy Christman, the Intergovernmental Coordinator for St. Johns River Water Management District gave a brief presentation on Central Florida Water Initiative (CFWI), a collaborative water supply planning effort among the state's three largest water management districts, the Florida Department of Environmental Protection, the Florida Department of Agricultural and Consumer Services and regional water utilities. The CFWI mission is to help protect, develop, conserve and restore central Florida's water resources. The draft Regional Water Supply Plan will be released November 30, 2013, and input from local governments, utilities, citizens and other stakeholders is very important. Public meetings will be held from September — December for educational purposes and to take comments on the Plan. The next phase of the water supply planning process is the work of the Solutions Team to review the future water demands and determine the potential alternative water supply projects to be developed. Discussion ensued regarding private companies that are allowed to pump water, for profit, out of the aquifers when residents are given water constraints. It was explained that companies would be required to get a permit only if it meets the rules allowed by St. Johns. These companies would also be required to do alternative water supply. Further discussion ensued. Regular City Commission September 17, 2013 Commissioner Keller inquired if approval would be needed from the City once the water plan goes into effect. Ms. Christman advised once the water supply is approved by the governing board than local governments would do a facility work plan which would show how the City would provide water to their residents for that 10 year period. Further discussion ensued on the recent approval of the 20 year plan and if this would affect that. Commissioner Keller commented that one of the things he has suggested both on a national and local level was a desalination plan. He explained water being pulled out of the Pacific coast, Atlantic coast, and Gulf of Mexico could help reduce the amount of sea level rising based on global warming. Mr. Keller expressed that he feels the State should seriously look at this since he thinks we have a better chance of pulling water out of the ocean than pulling water out of St. John. Brief discussion ensued regarding desalination. Commissioner Wilsen inquired if the meeting dates mentioned for the upcoming Regional Water Supply Plan could be put in the water bills. Further discussion ensued regarding alternative water supply projects which may developed in the future. C. COMMENTS FROM CITIZENS /PUBLIC - None D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced: 1) Emergency Item #1: Due to an accident at Blackwood /Old Winter Garden an emergency purchase order was done in the amount of $27,890.50 for replacement of a Traffic Cabinet and Electrical Service. Mayor Vandergrift, seconded by Commissioner Keller, moved to approve Emergency Item #1 - Replacement of a Traffic Cabinet and Electrical Service in the amount of $27,890.50. Motion carried 5 -0. 2) Emergency Item 42: Approval is needed to award the grant to Musco Sports Lighting as a sole source provider for lights at the Baseball field. This is a federal grant and we must comply with the purchasing procedures. The lights have been installed. Manor Vandergrift, seconded by Commissioner Johnson, moved to approve Emergency Item #2 - Award grant to Musco Sports Lighting as a sole source provider for lights at the Baseball field. Motion carried 5 -0. 3) The Parks and Recreation Department will be celebrating the second anniversary for its Food Truck Friday event, on Friday, September 20th, from 6:00 to 9:00 pin. on Lakeshore Drive, in Bill Breeze Park. Food trucks will be offering gourmet food and delectable treats, and the movie "E.T." will be shown during the event; the movie will start at 8:00 p.m., so come out and enjoy a dinner and a movie in the park. 4) The City of Ocoee's 6th Annual Haunted House to be held on October 19, 24, 25, and 26. The spook- tacular haunted house is located at 951 Ocoee Apopka Road. Admission is $3.00. For the younger children, there will be fun activities including a bounce house, hayrides, prizes, candy and refreshments. 21Pa c Regular City Commission September 17, 2013 5) Staff is working on the refunding of the 2003 Water and Sewer Bonds for debt service savings and will bring something to the Commission during October with the specifics. City Attorney Cookson gave an update on the Silver Bend vs. Dollar General Litigation. He sated there is a copy of the settlement agreement on the dais. He reviewed what had been going on thus far with the litigation. He said it was supposed to be part of our closed session this evening; however it has been settled so that was not necessary. He advised that the HOA has dismissed the lawsuit and there is a settlement. Mr. Cookson briefly explained the terms of the settlement. He noted that some of the items included in the settlement agreement were to 1) Install a 6 foot high wall along the southern portion of the property backing up to the seven lots 2) 5 foot sidewalk that runs parallel to that wall 3) a right -in right -out access off of Silver Star Road 3) Developer agreement to pay $40,000 to help pay the attorney settlement fees, 4) relocated the entrance road off of Silver Bend Blvd. that had been the southeastern portion of the community, and will now be further north away from the entrance to the community, 5) developer agreed to pay 50% of landscaping costs for Silver Bend Blvd. up to $1500 per year, 6) installation of a 32" high knee wall that runs parallel to Silver Bend Blvd., similar to the wall at the Race Trac gas station. 6) the HOA will have a chance to look at the design elevation of the building and if the parties were not able to agree on the design the developer would pay the HOA another $10,000. Mr. Cookson added that the developer will have to submit a new site plan incorporating all of these new items and we will go from there. No further action needs to be made by the City. City Attorney Cookson advised that the second item he would like update them on is the AllSports Senior Living bond. Mr. Cookson briefly explained several options the City could consider regarding the bonds. Explanation was given on the consideration of a travelling big boy letter which would stay with the bonds and advise any of the potential buyers of the risk of the bond. Mr. Cookson said they have met with the developer and they were advised that the City did not want these bonds to fall into the hands of smaller investors that could potentially be harmed. The developer was willing to increase the denominations to $100,000 but was not willing to have the travelling big boy letter go along with the bonds. Staff will need the commission to give direction on how they want to move forward with the developer. Discussion ensued on what would be the best interest for the City. Commissioner Grogan, seconded by Commissioner Johnson, moved to not accept the Allsports Bond without the travelling big boy letter. Motion carried 5 -0 City Manager Frank clarified that if they have a discussion with the developer and they accept doing the travelling big boy letter that the City can continue on. Information can be brought back to the Commission in November - December to finalize the bond issuance. No objection was made from the Commission. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Grogan — None Commissioner Wilsen — None 3 1P t1�, Regular City Commission September 17, 2013 Commissioner Johnson — None Commissioner Keller — announced the City of Ocoee Police Department will be hosting a free community picnic at Central Park on Saturday October 5, 2013, from 11:00a.m. till 2:00p.m. There will be free food, drinks, games, raffles, prizes and more at this event. The picnic will occur at Vignetti Park located at 1910 Adair Street Ocoee, FL 34761. Mayor Vandergrift — thanked everyone involved in hosting the Fiesta de Colores event on September 10'. It was a great event. F r • CONSENT AGENDA Commissioner Keller, seconded by Commissioner Johnson moved to approve the Consent Agenda Items #1 through #8. Motion carried 5 -0 1. Approval of Minutes for the Regular Commission Meeting Feld August 20, 2013, and Budget Workshop Meetings Held August 14, 2013, and August 28, 2013. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. 2. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve three -year terms. Currently the Human Relations Diversity Board has thirteen (13) members and their resolution allows no less than seven (7) members and no more than thirteen (13) members. Due to the resignation of Gwendolyn King, there is one (1) vacant position available. We do currently have one application on file from Harendra Singh with an interest in serving on the board. 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 board is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to 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 from Michael Hopper who has shown an interest on being appointed to the Code Enforcement Board for a term ending June 2016. Mr. Hopper previously served on the board for three (3) terms. There are no other applications on file to fill the board opening. Approved on Consent. Motion carried 5 -0. 4. Authorization for Use of County Solid Waste Management System. (Public Works Director Krug) The City has historically utilized the County solid waste management system to dispose of residential and commercial solid waste. The interlocal agreement between the City and Orange County expired in September, 2011. On October 18, 2011, the City Commission ratified a letter of intent from the County to continue to receive County solid waste management services under the terms of the expired interlocal agreement until a new agreement was reached. The County Commission since elected to take a step back and re- evaluated their rate structure ultimately lowering the tipping fees to the City's benefit. Due to the County's prolonged rate evaluation process, the City is still negotiating a new contract. The City Commission previously authorized use of the County solid waste management system through September 30, 411',1gu Regular City Commission September 17, 2013 2013. While interlocal agreement negotiations continue, Public Works seeks City Commission authorization to continue to use the County solid waste management system to dispose of residential and commercial solid waste until a new agreement is reached or April 30, 2014. Approved on Consent. Motion carried 5 -0 5. Approval of Motor Fuels — Tank Wagon Deliveries. (Public Works Director Krug) The City is a member of the Central Florida Purchasing Cooperative where Orange County is the lead agency in solicitations that can benefit multiple municipalities. The City approved utilizing this purchasing power for petroleum products on May 1, 2012, for bulk transport loads delivered to the Public Works complex and tank wagon loads delivered to remote sites throughout the City. The vendor providing the tank wagon load deliveries has changed and Public Works is requesting Commission approval to utilize the new contract with Atlas Oil Company for as long as the contract remains valid. Approved on Consent. Motion carried 5 -0. 6. Award of RFQ #1302 Continuing Instrumentation,; Control and Electrical Agent Tolbert) Professional Engineering Services for Design and Planning Services. (Purchasing In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055 and Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from professional engineering firms or individuals that are interested in providing engineering services for the planning and design of water, wastewater and reclaimed water facilities which shall include industrial -type low and medium voltage AC and DC distribution systems, equipment and devices; and the planning, design, programming and troubleshooting of supervisory control and data acquisition (SCADA) software and Programmable Logic Controllers (PLC); and integration of emerging technologies. The continuing contract shall have an initial three (3) year period with two automatic one -year renewable extensions, for a maximum of five (5) total years, unless otherwise terminated by either party, in writing, giving thirty (30) days' notice. In addition, the selected firm shall be eligible to provide other professional services to the City that are not covered in this RFQ during the contract period. Staff recommends that the City Commission award RFQ #1302 Continuing Professional Engineering Services for Instrumentation, Control, and Electrical Design and Planning services to McKim & Creed Inc. as budgeted each fiscal year; approximately $60,000 for consulting services for SCADA /PLC upgrades in the current fiscal year, and anticipate approximately $25,000 each additional fiscal year. Approved on Consent. Motion carried 5 -0. 7. Approval of Resolution to Specifically Designate Certain Subdivisions as Golf Cart Communities. (Police Chief Brown) The City has in place an ordinance authorizing the use of golf carts (the "Golf Cart Ordinance ") within certain communities and streets pursuant to the provisions of Article III of Chapter 153 of the Ocoee City Code. The purpose of this Resolution is to specifically designate the following subdivisions as Golf Cart Communities as defined in the Golf Cart Ordinance: Orchard Park, Prairie Lake, Windstone, Remington Oaks, Westchester and Saw Mill. Public Works will install road signs and a map will be posted on the City's website in order to inform the public of the boundaries. Sheffield Lowman has reviewed this resolution. Approved on Consent. Motion carried 5 -0. Approval to Modify the Maintenance Contract with CenturyLink for Maintenance of the City's Telephone System in Order to Correct the Price of a One - year:. Agreement, which will go from $20,012.49 to $20,834.49. (Support Services Director Butler) The City Commission approved an emergency agenda item at its July 16, 2013 to approve a new one -year maintenance agreement between the City and Centu yl -ink to provide hardware and software maintenance of the city's telephone system. 51l>tig<< Regular City Commission September 17, 2013 This agreement was the subject of an emergency action due to the expiration of the software maintenance agreement, which is a third -party service provided under an agreement between the manufacturer of the city's PBX, CenturyLink, and the City. The agreement had expired due to the amount of time required for CenturyLink to get an accurate inventory of city telephone facilities. The cost of the desired service was proposed to be $20,012.49 per year, or $1,667.71 per month. When the first month's invoice for the maintenance service was calculated by CenturyLink, a discrepancy was discovered. That difference is the result of the original price quote not including the full cost of service at those additional locations identified by the City for 24 hour service seven days a week. The actual annual cost should be $20,834.49, or $1,736.21 per month. This is a difference of $822 over the one -year term of the agreement. Approved on Consent. Motion carried 5 -0. 5 Minute Recess After 5 minute recess agenda items were moved out of agenda order and heard as_follows: Item #1 4a. b., Item # 20, Item #19a. b. After those items were heard agenda reverted back to the original order. G. FIRST READIN OF ORDINANCES 9. Garcia (424 3 Street). (,Second Reading and Public Hearing scheduled for October 1, 2013, Regular Commission Meeting at 7:15 p. in. or soon thereafter). (City Planner Rumer) The subject property is located on the west side of 3rd Street and approximately 170 feet north of the intersection of 3rd Street and E Silver Star Rd. a. Annexation Ordinance b. Rezoning Ordinance City Attorney Cookson read the title of the Ordinances. Mayor Pro Tern Keller announced the second reading and public hearing will be held on October 1, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter. 10. Medina (538 1S t Street). (Second Reading and Public Hearing scheduled for October 1, 2013, Regular Commission Meeting at 7 :15 p.m. or soon thereafter). (City Planner Rumer) The subject property is located on the west side of 1st Street and approximately 120 feet south of the intersection of Center St. and I st Street. a. Annexation Ordinance b. Rezoning Ordinance City Attorney Cookson read the title of the Ordinances. Mayor Pro Tem Keller announced the second reading and public hearing will be held on October 1, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter. 61P t c Regular City Commission September 17, 2013 11. Barkeritaville (Second Reading and Public Hearing scheduled for October 15, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) The subject property is located on the east side of Tomyn Boulevard, approximately 1,230 feet north of the intersection of Roberson Road and Windermere/ Tomyn Boulevard. a. Annexation Ordinance b. Rezoning Ordinance c. Small Scale Comprehensive Plan Amendment City Attorney Cookson read the title of the Ordinances. Mayor Pro Tem Keller announced the second reading and public hearing will be held on October 15, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter. 12. Strickland 'LLC (301 W Silver Star Road). (Second Reading and Public Hearing scheduled for October 1, 2013, Regular Commission Meeting at 7 :15 p.m. or soon thereafter). (City Planner Rumer) The subject property is located on the north side of W Silver Star Road, east of the intersection of Ocoee Apopka Road and W Silver Star Road. a. Annexation Ordinance b. Rezoning Ordinance City Attorney Cookson read the title of the Ordinances. Mayor Pro Tem Keller announced the second reading and public hearing will be held on October 1, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter. 13. First Reading Ordinance Amending Chapter 1.36 Sexual Offenders and Sexual Predators. (Second Reading and Public Hearing scheduled for October 1, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafier). (Police Chief Brown) Chapter 136 of the City Code promotes, protects and improves the health, safety and welfare of the citizens of the City by creating areas around locations where minors regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited fi establishing temporary or permanent residence; and defines the period of time of temporary and permanent residences. The Ocoee Police Department recommends amending Chapter 136 of the Code related to Sexual Offenders and Sexual Predators to include a definition of transient resident as provided in the Florida Statutes; and amending the Code to be consistent with references to related provisions of the Florida Statutes by amending the definitions of permanent, temporary and transient residences, currently defined as a period of 14 days, to a period of 5 days. City Attorney Cookson read the title of the Ordinance. Mayor Pro Tem Keller announced the second reading and public hearing will be held on October 1, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter. 7 11' i< -� (., Regular City Commission September 17, 2013 H. SECOND READING OF ORDINANCES — PUBLIC HEARINGS 14. Second Reading of Ordinance for Arbours at Crown Point PUD. (Advertised in the Orlando Sentinel on Thursday, September S, 2013). (City Planner Rumer) The subject property is located on the north side of West Road and west of SR 429. It is approximately 28.1 acres in size, and is currently vacant except for an abandoned agricultural structure. The subject property is located adjacent to the West Orange Trail on the east with a 73 foot power line easement located along the eastern property line. Pedestrian access to the West Orange Trail is being provided on the northern property line with a vehicular crossing located on the eastern property line subject to Orange County approval. The applicant is proposing to rezone the property from 1 -1 (Light Industrial) to Planned Unit Development (PUD) for the purpose of developing a mixed use community that combines 192 multi - family apartments with future light industrial uses. Access is proposed via an existing entrance off West Road. An internal road dedicated to the public will be provided in the PUD Land Use Plan. a. Rezoning to PUD/Land Use Plan. City Attorney Cookson read the title of the Ordinance. City Planner Rumer explained this is similar to the rezoning that was done at Park Place; however this is an industrial land use. The subject property is located on the north side of West Road. The applicant is proposing to rezone the property from 1 -1 (Light Industrial) to Planned Unit Development (PUD) for the purpose of developing a mixed use community that combines 192 multi- family apartments with future light industrial uses. Mr. Rumer further explained the proposed project and amenities that would be provided. Mayor Vandergrift opened the public hearing. Allison Turnbull, representative for the developer, said she was available for any questions. Mayor Vandergrift inquired about a charter school going in on the proposed commercial site. City Planner Rumer said that he has had a pre - application meeting with a development company that does site acquisition for charter schools and that is 1 of the 11 sites they are locating at in the City of Ocoee. Mayor Vandergrift closed the public hearing. Commissioner Grogan, seconded by Commissioner Keller, moved to approve the Ordinance No. 2013 -016 authorize the change in zoning classification for Arbours at Crown Point PUD Rezoning per staff's recommendation Motion carried 5 -0 81 1> zR ( c Regular City Commission September 17, 2013 The ordinance as adopted on second reading carries the following title: ORDINANCE 2013 -016 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE LIGHT MANUFACTURING AND WAREHOUSING DISTRICT, TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 28.1 ACRES LOCATED ON THE NORTH SIDE OF WEST ROAD AND WEST OF S.R. 429, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. b. Development Agreement (not a public hearing) City Attorney Cookson briefly explained the developer's agreement. Mayor Vandergrift, seconded by Commissioner Keller, moved to approve the Arbours at Crown Point PUD Development Agreement per finalization on the agreement with City staff. Motion carried 5 -0. 15. Second Reading of Proposed Ordinance Amending the City of Ocoee Municipal General Employees' Retirement Trust Fund. (Advertised in the Orlando Sentinel on Thursday, September s, 2013). (General Employees' Retirement Board Chairman Wagner) Attorney H. Lee Dehner outlines amendments which are required to be made to the General Employees' Trust Fund Ordinance to conform to Federal Internal Revenue Code chanties. These changes are mandatory to ensure the Plan's tax qualified status. Additionally, there are some actuarial modifications proposed. None of these changes are anticipated to have any financial costs to the City. City Attorney Cookson read the title of the Ordinance. General Employees' Retirement Board Chairman Wagner briefly explained that this is a requirement by the IRS. Most of the language changes will only apply to someone who makes over $205,000 a year. Mayor Pro Tem Keller opened the Public hearing. As no one wished to speak the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve Ordinance No. 2013 -011 amending the City of Ocoee Municipal General Employees' Retirement Trust Fund. Motion carried 4 -0 with Mayor Vandergrift away from the dais. 91 l " I L c Regular City Commission September 17, 2013 The ordinance as adopted on second reading carries the following title: ORDINANCE 2013 -011 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL GENERAL EMPLOYEES' RETIREMENT TRUST FUND, ADOPTED BY ORDINANCE NUMBER 2009 -020; AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS BY AMENDING THE DEFINITIONS OF "ACTUARIAL EQUIVALENT" AND "CREDITED SERVICE "; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 14, MAXIMUM PENSION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Commissioner Johnson briefly commented that he would like to bring changes to the both pension ordinances that would require that any members on the pension board would have to be work for or live in the City of Ocoee. A brief discussion ensued. Commissioner Johnson, seconded by Commissioner Grogan, moved to bring an ordinance back that would change the membership requirements for the Pensions Boards that all pension board members have to live in the city or work for the city. Motion carried 4 -0 with Mayor Vandergrift away from the dais 16. Second Reading of Proposed Ordinances Amending the Police Officers' & Firefighters' Retirement Trust Fund (Advertised in the Orlando Sentinel on Thursday, September 5, 2013). (Police Officers' & Firefighters' Retirement Board Chairman Brown) a. Internal Revenue Code (IRC) Changes Amendment to the Police and Fire Pension Ordinance Section I, Definitions to amend the definitions of Credited Service, Section 4, finances and Fund Management, and Section 15, Maximum Pension, to comply with recent changes to the Internal Revenue Code (IRC) relating to tax qualified pension plans such as this plan. These amendments clarify language required by the IRC and are mandatory amendments that must be made by September 30, 2013 to ensure the continuation of the plan's tax qualified status. With these additional changes, the pension plan will comply with all required applicable IRC changes and updates. City Attorney Cookson read the title of the Ordinance Mayor Pro Tem Keller opened the Public hearing. As no one wished to speak the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve Ordinance No. 2013 -014 to Amend the Police Officers' & Firefighters' Retirement Trust Fund Internal Revenue Code (IRC) Changes. Motion carried 4 -0 with Mayor Vandergrift away from the dais. 1011'�� c Regular City Commission September 17, 2013 The ordinance as adopted on second reading carries the following title: ORDINANCE 2013 -014 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND; AMENDING ORDINANCE NUMBER 2010 -019, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS BY AMENDING THE DEFINITION OF "CREDITED SERVICE "; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 15, MAXIMUM PENSION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. b. Collective Bargaining Agreements (CBA) Changes Amendment to the Police Officers' and Firefighters' Pension Ordinance to include the following changes: - Amending the definition of Salary to comply with the regulations set forth in Senate Bill 1128 regulating the calculation of overtime hours to 300 per calendar year, and unused paid time off at final compensation. - Increase the Members Contribution rate from 7.6% to 8.0 %, effective September 17, 2013. -City shall make quarterly contributions to the Fund in an amount equal to the required City contribution, as shown by applicable actuarial valuation of the system, but in any event, not less than 12% of the payroll of the bargaining members - Implementing a maximum accrued benefit cap equal to 91% of Average Final Compensation for all Members hired on after October 1, 2012. - Amending the DROP (Deferred Retirement Option Plan) provision for Members who enter DROP on or after October 1, 2012, to reduce the fixed interest accrual from 6.5% to 2.0% per year compounded monthly. City Attorney Cookson read the title of the Ordinance. Mayor Pro Tem Keller opened the Public hearing. As no one wished to speak the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve Ordinance No. 2013 -015 to Amend the Police Officers' & Firefighters' Retirement Trust Fund Collective Bargaining Agreements (CBA) Changes Commissioner Grogan asked for clarification on the amendment of the DROP program. Police Chief Brown briefly explained the amendments to the interest rate on the DROP account. Motion carried 4 -0 with Mayo Vanderqrift awav from the dais. The ordinance as adopted on second reading carries the following title: ORDINANCE 2013 -015 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND; AMENDING ORDINANCE NUMBER 2010 -019, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS, AMENDING THE DEFINITION OF "SALARY "; AMENDING SECTION 5, CONTRIBUTIONS; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 27, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 11 I l' . y `! U Regular City Commission September 17, 2013 17. Second Reading of Ordinance to Amend Chapter 54 of the Code of Ordinances of the City of Ocoee to Authorize the City Manager or his Designee to Assign Addresses to Properties and Improvements within the City Limits. (Advertised in the Orlando Sentinel on Thursday, September 5, 2013). (Support Services Director Butler) As currently enacted, Chapter 54 of the City Code designates the Building Official as the person with the responsibility to assign address numbers to principle structures (buildings) within the city limits. With the creation of the Support Services Department and other personnel changes, the city needs flexibility in assigning the responsibility for this duty. Accordingly, staff has developed a set of minor modifications to the current chapter to allow the City Manager to designate the person or organizational unit most suitable for the task, making appropriate changes in such designation as the situation warrants. In addition to providing flexibility in the assignment of the addressing responsibility, the proposed amendments clarify the ordinance to indicate that addresses may be assigned to separately identifiable parts of a single structure, such as in the case of a shopping center with multiple tenant spaces separated by fire walls, and to individual subdivision lots so as to better manage the development review and building permit processes. City Attorney Cookson read the title of the Ordinance. Assistant City Manager Shadrix briefly explained the proposed amendment is due to the City's growth in the last twenty years; it allows the City Manager, or his designee, flexibility to assign addressing for the city. Mayor Pro Tem Keller opened the Public hearing. As no one wished to speak the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Grogan, moved to adopt Ordinance No. 2013- 012, amending chapter 54 of the code of ordinances of the City of Ocoee to authorize the city manager or his designee to assign addresses to properties and improvements within the city limits. Motion carried 4 -0 with Mayor Vandergrift away from the dais. The ordinance as adopted on second reading carries the following title: ORDINANCE 2013 -012 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REVISING CHAPTER 54 OF THE CITY CODE; PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 18. Second Reading of Ordinance to Amend Chapter 108 of the Code of Ordinances of the City of Ocoee to Authorize the City Manager or his Designee as the Enforcement Officer to Carry Out the Functions of Enforcing Minimum Standards for Residential and Commercial Properties within the City Limits. (Advertised in the Orlando Sentinel on Thursday, September 5,2013). (Support Services Director Butler) As currently enacted, Chapter 108 of the City Code designates the Building and Zoning Official as the person with the responsibility to enforce the Minimum Standards Codes of the City. With the creation of the Support Services Department and other personnel changes, the city needs flexibility in assigning the responsibility for this duty. Accordingly, staff has developed a set of minor modifications to the current chapter to allow the City Manager to designate the person most suitable to serve as the Enforcement Officer, making appropriate changes in such designation as the situation warrants. Responsibilities that continue to be appropriate for the Building 12 1P ii )u Regular City Commission September 17, 2013 Official and /or the Code Enforcement Board, such as determining whether a structure should be condemned as being unfit for human occupation, remain assigned to those persons. In addition to providing flexibility in assigning the Enforcement Officer position, the proposed amendments modify the title of Building and Zoning Official to Building Official in order to correctly reference the scope of the position today, with zoning responsibilities being assigned to the Planning Division. The amendments also bring the language into line with the current edition of the Florida Building Code relative to the classification system for levels of alteration recognized in the Code. City Attorney Cookson read the title of the Ordinance Assistant City Manager Shadrix briefly explained the proposed amendment is a clean -up item due to the changes of the Code Enforcement Board. Mayor Pro Tem Keller opened the Public hearing. As no one wished to speak the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Grogan, moved to adopt Ordinance 2013 -013 to Amending Chapter 108 of the Code of Ordinances of the City of Ocoee to authorize the city manager or his designee as the enforcement officer to carry out the functions of enforcing minimum standards for residential and commercial properties within the city limits. Motion carried 4 -0 with Mayor Vandergrift away from the dais. The ordinance as adopted on second reading carries the following title: ORDINANCE 2013 -013 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REVISING CHAPTER 108 OF THE CITY CODE; PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. I. PUBLIC HEARINGS 19. Westyn Bay - PSP /SP & Development Agreement Amendment. (Advertised in the Orlando Sentinel on Thursday, September S, 2013). (City Planner Rumer) The subject subdivision is zoned R -IAA (Single - family Dwelling) and is located on the north side of Ocoee Crown Point Parkway. The Westyn Bay Subdivision encompasses +/- 376 acres, for phases 1 -3, and +/- 40 acres for phases 4 and 5. The final site plan for phases 1 -3 was approved by the city commission on May 7, 2002, under the name West Groves. The approved subdivision plan provides a condition of approval that is consistent with the Development Agreement for West Groves dated June 5, 2001. Per the letter requesting the change in the requirements of the subdivision, the Westyn Bay Community Association, Inc., is requesting the following: a. Proposed deletion of condition #22 (easement) The easement provides pedestrian access through and over the private internal roads of Westyn Bay from the neighboring subdivision called The Vineyards. The easement restricts access to the time in which public schools are open for use by students (90 minutes before and 90 minutes after school). At all other times, there is no easement for access. The easement does not permit access to any facilities within the Westyn Bay subdivision. b. Proposed deletion of condition #37 (street trees) Condition 37 is a reiteration of Ocoee Land Development Code Article 6, Section 6 -10. A street tree shall be provided in front of each single - family lot (2 trees on corner lots, with one on each street), prior to the issuance of a certificate of occupancy for the house constructed on the lot. Each street tree shall be a minimum of 2" DBH and 10' tall at the time of planting. 13 1P t( r Regular City Commission September 17, 2013 City Planner Rumer briefly explained the Westyn Bay Community Association, Inc., is requesting the proposed deletion of condition #22 (easement). The easement provides pedestrian access through and over the private internal roads of Westyn Bay from the neighboring subdivision called The Vineyards. The easement restricts access to the time in which public schools are open for use by students (90 minutes before and 90 minutes after school). Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing was closed. Commissioner Grogan, seconded by Commissioner Johnson, moved to approve the deletion of condition #22 per staff's recommendation Motion carried 5 -0 City Planner Rumer briefly explained the Westyn Bay Community Association, Inc., is also requesting the proposed deletion of condition 437 (street trees). Condition 37 is a reiteration of Ocoee Land Development Code Article 6, Section 6 -10. A street tree shall be provided in front of each single- family lot (2 trees on corner lots, with one on each sheet), prior to the issuance of a certificate of occupancy for the house constructed on the lot. Mr. Planner briefly explained why staff does not object to the removal of condition 437. Further discussion ensued regarding existing trees within the Westyn Bay subdivision. Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing was closed. Commissioner Grogan, seconded by Commissioner Johnson moved to approve the deletion of condition #37 per staff's recommendation. Motion carried 5 -0 J. REGULAR AGENDA 20. Approval of Brynmar Phase 2 Waivers. (Principal Planner Fabre) The Brynmar residential subdivision is located on the southeast corner of Ingram Road and McCormick Road. The Applicant /Developer (Richmond American Homes) is requesting rear building setback waivers for certain lots in the Brynmar FSP Phase 2. The required minimum rear building setback for R -IAA zoning is 30 -feet as set forth on Table 5 -2 of the City of Ocoee Land Development Code. The Applicant/Developer is proposing a 25 -feet minimum rear building setback on interior Lots 84 -95 and a 24 -feet minimum rear building setback on Lots 34- 41(Lots 70 -77 on the "Plat "). Lots 34 -41 are located on the southern part of the subdivision and are 110 feet deep as opposed to the rest of the subdivision which are at least 115 feet in depth. As a result, the requested waivers will be for a 6' reduction only on the southernmost lots and a 5' reduction on the interior lots consistent with the previous waiver approval that was granted on January 15, 2013, for Phase 1. The Applicant is requesting this waiver in order to provide a wider range of home products for potential home buyers. It should be noted that the Applicant was not the original developer of the subdivision and that their home products varied from the original home builder's products. For that reason, adhering to the rear building setback requirements with the depth of the existing lots proved to be problematic for the current Applicant /Developer. The engineer of record has also submitted documentation to the City's Development Services Department that states that the increase of potential buildable square footage should not adversely affect the subdivision stormwater drainage system. City Planner Rumer briefly explained the Applicant is requesting this waiver in order to provide a wider range of home products for potential home buyers. The required minimum rear 141]'«gc Regular City Commission September 17, 2013 building setback for R -IAA zoning is 30 -feet as set forth on Table 5 -2 of the City of Ocoee Land Development Code. The Applicant /Developer is proposing a 25 -feet minimum rear building setback on interior Lots 84 -95 and a 24 -feet minimum rear building setback on Lots 34-41 (Lots 70 -77 on the "Plat "). Lots 34 -41 are located on the southern part of the subdivision and are 110 feet deep as opposed to the rest of the subdivision which are at least 115 feet in depth. As a result, the requested waivers will be for a 6' reduction only on the southernmost lots and a 5' reduction on the interior lots. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve Brynmar Phase 2 Waivers per staff's recommendation Motion carried 5 -0 21. Adopt a Formal Name for the New Community Center Complex and the Language for the Building's Dedication Plaque. (Support Services Director Butler) The new Community Center is nearing completion. Two items need to be settled in order for the marketing program to be developed. First, we need a naming system for the new building and the collection of facilities we want to market under a shared name. Second, we need to notify the Contractor of the language to use for the 18 "x24" bronze dedication plaque, which goes in the interior entrance to the new building. These items are related in that the plaque would include the facility name. Assistant Support Services Director Gaines briefly explained the new Community Center is nearing completion. Two items need to be settled in order for the marketing program to be developed. First, we need a naming system for the new building and the collection of facilities we want to market under a shared name. Second, we need to notify the Contractor of the language to use for the 18 "x24" bronze dedication plaque, which goes in the interior entrance to the new building. These items are related in that the plaque would include the facility name. The City Commission recently awarded the contract to develop a strong online and print marketing program for the new facility to Beat Creative Marketing & Promotions. They recommended the name "Ocoee Lakeshore Center" to be used as the general label for the Community Center and surrounding facilities, which include: • Community Center Banquet Hall • Community Center Meeting Room • Community Center Plaza • Withers - Maguire House (Building) • Withers - Maguire House Lawn • Gazebo • Grape Arbor • Lawn area between Community Center and the Withers- Maguire House driveway • Bill Breeze Park (lawn area from Community Center to Lakeshore Drive) • Lakeshore Park (picnic and boating area east of Lakeshore Drive; includes picnic pavilions that can be individually rented) Website development has already begun in order to have the marketing program in place by the time the facility is finished. As part of that effort, staff has secured the following eight generic website domain names in order to preclude their registration by other parties: • www.ocoeelakeshorecenter.com /.net /.info /.org • www.ocoeeeventcenter.com /.info /.org • www.ocoeelakeshoreevent.com 1511)�t_oc Regular City Commission September 17, 2013 The Support Services Department recommends that the City Commission authorize the City Manager to work with the marketing consultant to proceed on the basis of the proposed naming concept for the facility that will be used in marketing and rental arrangements. Under this concept, a single name will be adopted for the entire group of rental facilities, with separate names being developed for individual components. The proposed comprehensive name is "Ocoee Lakeshore Center," although this name could be limited to the new building. Other potential names for the group of facilities or the Community Center alone include: 1. Lakeside Event Center 2. Ocoee Event Center 3. Ocoee Lakeside Event Center 4. Lakeshore Event Center 5. Lakeshore Community Center 6. Ocoee Lakeshore Plaza 7. Events Center at Lakeshore Commissioner Grogan, seconded by Commissioner Wilsen moved to approve the name for the new community event center as Ocoee Lakeshore Center. Motion carried 4 -0 with Mayor Vandergrift away from the dais Commissioner Wilsen, seconded by Commissioner Johnson moved to approve the plaque for the building as shown by staff with the change of the new name of Ocoee Lakeshore Center. Motion carried 4 -0 with Mayor Vandergrift away from the dais. 22. Resolution Amending and Replacing Resolution No. 2011 -011 Providing a Fee Structure for the Ocoee Parks and Recreation Department for Participation in Recreation Programs, Classes, Activities, and Events; Rental of City Facilities; Memberships; and Usage Fees. (Parks and Recreation Director Hayes) The Parks and Recreation Department has completed a review of all fees for parks, facilities, programs and memberships and is recommending adjustments to several of the fees. These fees were last amended in October of 2011. All of the proposed fee adjustments have been identified in the attached Schedule -A. Furthermore, the Parks and Recreation Advisory Board reviewed the proposed fee schedule on July 15, 2013 and recommended the fee schedule to the City Manager for consideration. In addition to the fees that are identified in Schedule -A, the Parks and Recreation Department is also proposing fee schedules for the rental of the Lakeshore Center (Schedule -B) and for the rental of the Withers - Maguire House (Schedule -C). These fees would become effective September 18, 2013, with the exception of the Before School Program and the After School Program which will become effective October 18, 2013. Parks and Recreation Director Hayes explained the new fee structure and said he has comparisons for weekends block rentals rates for event centers from various cities. Commissioner Johnson felt the weekend rates for the fees were too high and the Commission should consider reducing them. There was a lengthy discussion with regard to the rates, comparisons to other city facilities, not waiving the fees for anyone, lowering the fees for the initial year, and setting aside a percentage for replacement seating and equipment. City Attorney Cookson read the title of the Resolution. 16 1P ige Regular City Commission September 17, 2013 Commissioner Wilsen, seconded by Commissioner Johnson, moved to adopt Resolution No. 2013 -014 approving the Parks and Recreation Department Fee Schedules for programs and events including the Lakeshore Center and Withers Maguire House; with the amendment of the weekend fee schedules for the Ocoee Lakeshore Center by reducing the $1500 fees to $1250 and by reducing $1200 fees to $1000. Motion carried 5 -0. The resolution, as adopted, carries the following title: RESOLUTION NO. 2013 -014 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA AMENDING AND REPLACING RESOLUTION NO. 2011 -011; PROVIDING A FEE STRUCTURE FOR THE OCOEE PARKS AND RECREATION DEPARTMENT FOR PARTICIPATION IN RECREATION PROGRAMS, CLASSES, ACTIVITIES AND EVENTS, RENTAL OF CITY FACILITIES, MEMBERSHIPS, AND USAGE FEES; AND ESTABLISHING A FEE STRUCTURE FOR THE LAKESHORE CENTER; AND ESTABLISHING A FEE STRUCTURE FOR THE WITHERS- MAGUIRE HOUSE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE,. K. STAFF ACTION ITEMS - None L. COMME FROM COMMISSIONERS Commissioner Grogan — None Commissioner Wilsen — 1) announced that she has been in discussions with the City Manager regarding the purchase of the Dunn Property which is across from the Ocoee Lakeshore Center; she thinks it would be a great opportunity to have at this time for parking etc. because of its proximity to the new event center and all of the other city -owned properties in that block. The appraisal on the property is $110,000 and the property owner is asking for $175,000. Commissioner Johnson said he agrees with purchasing the property; however, he thinks $175,000 is too much, and $150,000 is sufficient. Mrs. Glenda Dunn advised that the surrounding properties surrounding her were all purchased at $300,000 and feels her property is worth that. Commissioner Keller said he agrees that the property would be beneficial to the City but that they should not pay more than the appraised value. Mayor Vandergrift inquired what was her starting price when she approached the City and Mrs. Dun said she started at $300,000 than she went down to $235,000, and she is now at $175,000. Mayor Vandergrift felt that having both of their family properties would be beneficial and there was discussion to offer $175,00 for this house conditioned on the other home at 18 North Lakeshore Drive be offered to the city as first right of refusal when it becomes available. Mayor Vandergrift, seconded by Commissioner Wilsen, moved to approve the purchase of the house at 33 E. Oakland Ave. for $175,000 with the condition that the City would have the first right of refusal her other family property at 18 North Lakeshore Drive at the appraised value at the time it becomes available The sale will take place within 30 days and parties would real estate fees in the customary way they are split for buyer and seller; and directing City Attorney Cookson to write the contract. Motion carries 5 -0. 1711' 1 v t Regular City Commission September 17, 2013 2) announced that Rep. Randolph Bracey has shown an interest in having a room in our complex. He would be paying rent. Discussion ensued on what would be charged for the rental space and if city staff would make the alterations to the building. Commissioner Wilsen, seconded by Commissioner Johnson, moved to make the necessary modifications to the office space at the City Hall annex, and rent it to Rep Randolph Bracey for $1000 per month. Motion carried 5 -0. 3) Inquired why Spring Lake does not allow boats with motors. Commissioner Johnson said he believes it has something to do with erosion. Mayor Vandergrift asked the City Clerk to please research that and provided the answer to all of them. Commissioner Johnson — None Commissioner Keller — announced the Community Picnic is Saturday October 5, 2013, from 11:00a.m. till 2:00p.m. Mayor Vandergrift — 1) announced Final Budget Hearing is September 26 at 6 p.m. 2) reminded everyone to think about St. John's taking more water out of Lake Apopka. 3) thanked staff for getting the lights out on the fountain on Hwy. 50 as well as getting it centered. ADJOURNME Meeting adjourned at 10:15 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor 181' 1 i,c