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HomeMy WebLinkAboutItem #01 Approval of Minutes for the Regular Commission Meeting Held February 4, 2014MINUTES February 4, 2014, 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. Mayor Vandergrift gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Wilsen and Boy Scout Alex Nachtshiem. 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 Boy Scout Alex Nachtshiem explained his upcoming Eagle Scout project, to take place on Saturday at 9:00 a.m., on February 15, 2014, and asked for others to come out and help. Prese ntation of Check to the S T A R S of West Orange as the Benefi of the Proceeds from th Chick fil A 5K Run and Kids Fun Run During the Founders Day Celebration Leader Mark Rollins along with Representatives from Chick- fil -A, including the Cow, presented a check in the amount of $1029.00 to the S.T.A.R.S program. C. COMMENTS FROM CITI /PUBLIC - None D STAFF REPORTS AND AGENDA REVIEW J Lt. Bryant gave an update on the neighborhood camera program. He said the electrical issue has been worked out, and now they are getting ready to send climbers 175 feet up the 911 towers at public works and the police station to install cameras. They have piggy- backed off of an Orange County contract to hire climbers from a North Carolina company. He stated preliminary approval was also received from Health Central; and there are more meetings scheduled with them next week. He explained how businesses can purchase cameras with this program and hook up with our infrastructure. This will give them instant playback in the police vehicles to see what vehicles /persons fled the scene after a crime was committed. They are looking at other areas for camera locations. Recreational lighting is a good option. The cameras will allow live feed that can be viewed whenever they need to. City Clerk Eikenberry stated that the Supervisor of Elections is asking to use city facilities for two county -wide elections this year in August and November. She said the reason they brought it to the commission is that one of the facilities they want to use is the new Lakeshore Center. There was discussion that in the future they will work with the Supervisor of Elections Office but that rentals have to come first. Commissioner Keller added that this will be a good way to get people to come and see the center. Consen of the Commission to allow the Orange County Supervisor of Elections t o use the Beech Center, Ison Center, and Lake shore Center as polling lo cations for the countywide elections on August 26 a nd November 4, 2014. Regular City Commission February 4, 2014 E. COMMISSIONERS ANNOUNCEMENTS Commissioner Grogan — reminded everyone that Food Truck Festival is Friday and Movie in the Park (free movie) is Friday, February 21, 2014. The movie this week is Marigold. Commissioner Wilsen — stated on March 8, 2014 is the annual Spring Fling. They are still looking for vendors who would like to educate the community. Commissioner Johnson — None Commissioner Keller — None Mayor Vandergrift — None F CONSENT AGENDA Commissioner Keller, seconded by Commissioner Grogan, move to approve the Consent Agenda Items #1 through #6. Motion carried 5 -0. 1. Approval of Minutes for the Re Clerk Eikenberry) Members of the Citizen Advisory Council for Ocoee Police Department serve three -year terms. The Resolution creating the Board allows no more than fifteen (15) members. The board currently has eight (8) members. One application was recently submitted for appointment to the Citizen Advisory Council for Ocoee Police Department (CACOPD); therefore staff recommends the City Commission consider appointing Tammy Mullan to the Citizen Advisory Council for Ocoee Police Department with a term ending January 1, 2017. Approved on Consent. Motion carried 5 -0. The Spring Lake drainage basin collects storm water from a large upland area along Flewelling Avenue. Flewelling Avenue acts as the spine of the collector system bringing drainage east to Spring Lake. The existing drainage system piping between Ridgefield Drive and the lake has deteriorated over time requiring replacement to restore proper water flow and relieve flooding. The Stormwater Division performed a drainage study of the occasional flooding in this area and produced an in -house designed solution that has been approved by SJRWMD. Part of the design is providing a baffle box treatment system for the stormwater flowing from the upland area before it enters Spring Lake. The existing drainage does not provide any stormwater treatment as it discharges directly into the lake. The Stormwater Division reviewed baffle box designs from several vendors, each with a proprietary design that address a specific need in a specific situation. Following a thorough review, it was determined that Suntree Technologies' baffle box design met the project requirements to collect debris, separate nutrients and skim oils from the water. Public Works recommends awarding a purchase order to Suntree Technologies, Inc. for the proprietary 9.5' wide x 15.5' long x 9.5' deep baffle box as described in the proposal for a total delivered cost of $51,795.00. The purchase is adequately funded in the Stormwater budget. Approved on Consent. Motion carried 5 -0. 2111 <3 Approved on Consent. Motion carried 5 -0. Regular City Commission February 4, 2014 Uses and Charities in the amount of $2` The budget for Fiscal Year 13/14 includes the four (4) year lease - purchase of (2) Garbage Trucks, (1) Tractor, (1) Bus, and (1) Asphalt Paving Truck ($181,095 total budgeted for payments). The Finance Department obtained interest rate quotes from BB &T (1.39 %), SunTrust Bank (1.536 %), and BMO Harris Bank (2 %). Staff recommends that the City Commission adopt Resolution #2014 -001 approving financing terms with BB &T Branch Banking and Trust Company (BB &T), and authorize the Mayor, City Clerk, and Staff to execute the Lease - Purchase Agreement Schedule No. 9909001665 -00001 and related documents for the amount of $691,637.80 at an interest rate of 1.39% for four (4) years, with payments of $44,380.35 per quarter, to close on or before February 7, 2014. Approved on Consent. Motion carried 5 -0. The resolution as adopted carries the following title: RESOLUTION NO. 2014-001 In conformance with Chapter 21 (Purchasing Code) of the City Code of Ordinances, the City solicited competitive proposals from experienced Contractors to establish a multi -year Contract for laboratory services for City water and wastewater facilities. The City intends to award this contract to a primary and a secondary firm. The contracts shall have an initial three (3) year period with two automatic one -year renewable extensions, for a total of five (5) years; unless otherwise terminated by the City, in writing, at least thirty (30) days' prior to the annual renewal date(s). The contract may include a clause authorizing price adjustments after the initial 3 -year period. The RFP evaluation committee meeting was held on January 8, 2014, with the Evaluation Committee evaluating and short- listing the firms on specific evaluation criteria. The Evaluation Committee short- listed the following firms in ranked order, and recommends contracting with the top ranked firm, Tri -Tech Laboratories Inc. as the primary firm, and contracting with the second ranked firm, Flowers Chemical Laboratories Inc. as the secondary firm, per the award recommendation from the Utilities Director. The City currently utilizes both of these firms for laboratory services without a formal contract. Staff recommends that the City Commission award the term contracts for RFP #14 -002 Laboratory Services for City Water and Wastewater Facilities to primary firm Tri -Tech Laboratories Inc. in the amount of unit prices proposed, and secondary firm Flowers Chemical Laboratories Inc. in the amount of unit prices proposed. There was approximately $45,000 expensed for these services last fiscal year. Approved on Consent. Motion carried 5 -0. 311-1a Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than fifteen (15) percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). Approved on Consent. Motion carried 5 -0. A RESOLUTION TO APPROVE THE FOUR (4) YEAR LEASE /PURCHASE AGREEMENT #9909001665 -00001 WITH BRANCH BANKING AND TRUST COMPANY (BB &T) FOR THE FINANCING OF NEW EQUIPMENT AND VEHICLES FOR $691,937.80 AT AN ANNUAL INTEREST RATE OF 1.39 %. Regular City Commission February 4, 2014 G. FIRST READING OF O RDINANCES Aegutur•'l..urrtrrrwown The subject parcel is the expansion site for the existing Ocoee Elementary School. The subject property is considered contiguous to the City of Ocoee since it bordered by property located within the City limits on the north, west and south adjacent boundaries. City staff has requested a City of Ocoee zoning designation of "A -1" (General Agricultural), which is consistent with the zoning of the property to the North (the existing Ocoee Elementary School property). a. Annexation Ordinance b. Rezoning Ordinance The subject property is located on the south side of A.D. Mims Road directly across from the City's Jim t3eecn Recreation Center. The subject site is approximately 43.21 acres in size of which 17.56 acres are uplands and 25.65 acres are wetlands /surface water. The Spring Lake Reserve PUD is a planned residential subdivision that proposes a total of 99 single - family detached residential lots with a requested net density of 5.59 units per acre, which does not exceed the underlying land use maximum density allowed. The PUD is proposed to have a neo- traditional neighborhood design concept similar to The Villages of Wesmere. a. Rezoning to PUD Ordinance b. Land Use Plan City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on February 18, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter. Commissioner Wilsen shared that she hosted a neighborhood meeting that she felt went very well between some of the neighbors and the developer. She advised that there was a concern ommission with the fencing. City Planner Rumer explained that at the Planning and Zoning C meeting the fencing that was presented was 6 -foot white vinyl PVC fence. The residents expressed concerns at the Planning and Zoning Meeting regarding the fence, therefore at the community meeting and the developer showed plans for a different type of fence that is a brown PVC fence which won't show mold and is slightly malleable. 41 7 <i s. City Attorney Cookson read the title of the annexation and rezoning Ordinances. Mayor Vandergrift announced the second reading and public hearing will be held on February 18, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter. Regular City Commission February 4, 2014 Bars and cocktail lounges are prohibited within the City of Ocoee unless it is associated with a restaurant seating a minimum of 45 people. With the establishment of the CRA Target Areas which are intended to provide an urban development pattern to include mixed uses and multiple use buildings, staff recognized the need to permit bars and cocktail lounges as permitted uses in certain zoning districts. Before moving forward with introducing bars and cocktail Lounges in the City, the City Planner met with the Mayor and Commission individually to gage interest and seek comments on an ordinance establishing bars and cocktail lounges. Based on those meetings, staff has proposed three options for consideration to permit bars and cocktail lounges with one option from the Planning & Zoning Board: Option 91: Bars and Cocktail Lounge - permitted in C -3 and TA (CRA Target Areas) zoning districts Option #2: Bars and Cocktail Lounge —permitted by Special Exception in C -2, permitted in C -3, 1 -1, and TA (CRA Target Areas) Option 93: Bars and Cocktail Lounge —permitted in C -2, C -3, and 1 -1 zoning districts Option 94 (P &Z Recommendation) — Special Exception in C -2, C -3, 1 -1, and TA (CRA Target Areas) Besides adding the uses to the zoning table, Section 5 -8 will have to be amended to remove bars and cocktail lounges from the list of prohibited uses within the City. City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift opened the public hearing. R. P. Monacky, inquired where this type of bar and lounge would be permitted. City Planner Rumer explained. Mayor Vandergrift closed the public hearing. Commissioner Wilsen inquired what staff's recommendation was. City Planner Rumer said staff's recommendation is to permit it by Special Exception in C -2, permitted in C -3, I -1, and TA (CRA Target areas). He further explained staff will be bringing another ordinance permitting them in the CRA target areas, C -3 and 1 -1 and listing those areas. There was some discussion about all of the options. Commissioner Johnson, seconded by Commissioner Grogan, made a mot to approve Ordinance 2014 -002 amending the Land Development Cod and approving staff's recommendation for Option #2: Bars and Cocktail Lounge — p ermitted by Special Exception in C -2 permitted in C -3 1 -1 and TA (CRA Target Areas). Motion carried 5 -0. The ordinance, as adopted on second reading, carries the following title: ORDINANCE NO. 2014 -002 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ARTICLE V, SECTION 5 -8 OF THE LAND DEVELOPMENT CODE RELATED TO LAND USE AND DENSITY REGULATIONS AND AMENDING TABLE 5 -1 OF THE LAND DEVELOPMENT CODE RELATED TO PERMITTED USE REGULATIONS TO ALLOW BARS AND COCKTAIL LOUNGES AS A PERMITTED USE OR AS A SPECIAL EXCEPTION IN SPECIFIC COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 511 a x H: SECOND READING OF ORDINANCES - PUBLIC HEARINGS Article IV and Article V of the City of Ocoee Land Development Code (LDC) regulates application summittai requirements for Special Exceptions and Rezoning. Currently, there are no provisions limiting the time for resubmitting an application that has been denied by the City Commission. Due to a rezoning case where an application for rezoning was denied by the City Commission, and a subsequent re- application was submitted four months after the denial hearing date, staff was directed by the City Commission to look into provided a waiting period. Upon review of the information gathered, staff has proposed three options: Option #1: If the city commission denies an ordinance to rezone a property including to PUD or denies a special exception for a use on a property, the city commission shall take no further action on another application of the same proposal or zoning district for a period of six (6) months from the date of denial. Option #2: If the city commission denies an ordinance to rezone a property including to PUD or denies a special exception for a use on a property, the city commission shall take no further action on another application of the same proposal or zoning district for a period of nine (9) months from the date of denial. Option 43: If the city commission denies an ordinance to rezone a property to PUD or denies a special exception for a use on a property, the city commission shall take no further action on another application of the same proposal or zoning district for a period of one (1) year from the date of denial. City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing was closed. A brief discussion ensued regarding how the surrounding cities regulate their special exceptions and past issues that have occurred because this criterion was not in place. Commissioner Keller, seconded bV Commissioner Grogan, made a motion to a rove Ordinance 2014 -003 amending the Lan Dev elopment Code and a roving staff's recommendation with staff's Opt #1. If the city commission d enies an ord inance to rezone a property including to PUD o denies a special exception for a use on a prop erty the city commission shall take no further a ction on another application of the same Proposal or zoning district fora period of six 6 months from the date of dental. Motion carried 5 -0. The ordinance, as adopted on second reading, carries the following title: ORDINANCE NO. 2014 -003 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ARTICLE IV OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR APPLICATION AND SUBMITTAL REQUIREMENTS FOR SPECIAL EXCEPTIONS AND AMENDING ARTICLE V OF THE LAND DEVELOPMENT CODE RELATED TO LAND USE AND DENSITY REGULATIONS FOR REZONINGS TO PROVIDE A TIME LIMITATION FOR RESUBMITTING AN APPLICATION THAT HAS BEEN DENIED BY THE CITY COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 6111 <i Regular City Commission February 4, 2014 Regular City Commission February 4, 2014 The Most Valuable Partnership Grants Program has been in operation for several years. The grant program assists Ocoee neighborhoods and organizations with projects that will enhance property values and improve the quality of life in Ocoee. The MVP grant program is a matching grant program held once each year. The maximum matching grant award is $2,000. Funding is not given up front, but is reimbursed at the completion of the organization's project. Applicants fund their improvement projects and then get a portion back, up to a maximum of $2,000. Seven organizations were recommended to receive grants in varying amounts that use the total amount of available funding. The seven applicants are: Admiral Pointe HOA; Lake Olympia Club; Rose Hill Phase 3 HOA; Rotary Club of Ocoee; Sleepy Harbour HOA; Silver Glenn HOA and Woman's Club of Ocoee. The total amount of grant monies requested from the seven applicants is $13,182. There is $12,000 funded for this year's MVP Grant Program. The grant money requested exceeds the funding that is available. This item was moved up on the agenda to prior to the Consent Agenda Commissioner Grogan said what he read was that the grant program has exceeded its maximum amount. There was discussion regarding groups asking for more money than they were supposed to. There was also discussion about getting something in writing that those groups getting scholarship money guaranteeing it will go to Ocoee residents. Community Relations Manager Wright explained the grants applications totaled over $13,000; however, they made a few adjustments to bring it down to the budgeted $12,000 amount. Commiss Wilsen, seconded by Commissioner Jo hnson, mov to approve the Most Valued Partnership Grant awards per staff recommendations in the amount of $12,000. Mayor Vandergrift explained what the MVP awards are for and additionally had Community Relations Manager Wright explain the Community Grant Award Program. J. STAFF ACTION ITEMS - none I K. COMMENTS FROM COMM ISSIONERS Commissioner Grogan — reminded everyone that Food Truck Festival and Movie in the Park (free movie) is Friday, February 21. Commissioner Wilsen — announced that 1) the Black History Month Essay contest is February 27, 2014, in the Commission lobby. 2) The Women's Club is holding their annual luncheon this year and they will be celebrating their 90 year. Commissioner Johnson —1) inquired about the fence in the front of the Ocoee Lakeshore Center and said he would like to do away with the fence because it is more open and welcoming without it. He said he would like consensus from the Commission. 7�i' <j x 11. REGULAR AGENDA Regular City Commission February 4, 2014 Support Services Director Butler explained that to prevent a fall hazard, they would need to put an "L" shape piece of fence or something else where there is a drop in elevation. They could consider using the leftover fence at the Veteran's Memorial since we are getting new fence to replace the defective rusted fencing. Commissioner Wilsen said she does not mind removing the fence it there is a way to block traffic on the road between the two parking lots. There was discussion about removing that road completely and covering it with grass. Mr. Butler suggested traffic cones could be used. Commissioner Keller said he would prefer removable b ollards to block traffic for all events. Consensus of the Commission was to remove t hat fence i n on the east side of the Lakeshore Cente as long as there is fencing or somethin aesthetically pleasing placed in the corn where t here is a drop off. There was discussion about when the newly acquired property will be ready to use for parking. Public Works Director Krug said they are in the initial phases of preparing the house to be torn down. Commissioner Johnson (continued): 2) discussed the carpet in the front lobby area of the Lakeshore Center and said that it was not installed properly. He would like to use the same carpet from the banquet room in the lobby area, but the cost is approximately $7200 to do that. Mr. Butler said it may be less than that if we get free installation from the original installer. Commissioner Johnson wanted to make a motion for up to $7000 to change the carpet. Support Services Director Butler said he wanted to add some other charges in. He said there are several things that were identified. • Two brick signs at the driveway, need re- lettering and flood lighting • Furnishings for make -up room and dressing room at Withers Maguire House are needed. • Pole lights on the end of each semi - circle for better lighting. He noted that contingency money has been used for tables and chairs. He would like to get approval from commission for $25,000 from money left over from Rogers Softball Complex project to complete these items; he had spoken to the Finance Department with regard to left over funds. He said they still need to work out the liquidated damages issue with the contractor; his hope would be that they can pay back for the costs of these final items. Commissioner Johnson seconded bV Commissioner Keller, moved to transfer $ 25,000 to make the neces over funds for the R ogers ers Softball Complex e Center, to be taken from left either from the impact fees or general fund Commissioner Keller — thanked staff for the plaque dedication ceremony center. Support Services Center tonight. Encouraged people to go and check out the Director Butler said there will be a supplemental sign added with today's date. Mayor Vandergrift — advised that for those HOA's that have cameras they can post videos on YouTube and that helps the police catch criminals. OURNMENT Meeting adjourned at 8:20 p.m.