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HomeMy WebLinkAboutItem #01 Approval of Minutes for the Regular Commission Meeting Held March 4, 2014MINUTES March 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. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Mayor Vandergrift. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. B. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift announced that they have a special privilege of having two winners (twin sisters) of the Black History Essay Contest from Citrus Elementary. 5` Grader, Isis Clarke, read her winning essay. Presentations by the Citizens Advisory Council for Ocoee Police Department ( CACOPD) CACOPD Vice -Chair Laney gave a brief summary of each award recipient and why they were chosen. ➢ Volunteer of the Year Award: Susan Gailit ➢ Co- Civilians of the Year Award: Elizabeth McKeever and Kathryn Fusco ➢ Officer of the Quarter Award: Officer Brian Harris ➢ Officer of the Year Award: Officer Patera Scott Presentation of Life Saving Awards Lt. Bryant gave a brief summary of the heroic events by those in the Police Department that helped save the life of a citizen who was reportedly in crisis. The following Police Officers were recognized for their quick actions: Sgt. Mireya Iannuzzi, Cpl. Jerry Lewis, Ofc. Jimmy Butler, Ofc. Jonathan Joseph, Ofc. Andrew Motes, Ofc. Tommy Phan, and Ofc. Matthew Serrao C. COMMENTS FROM CITIZENS /PUBLIC Frank Ruperto with Frank's Place presented Police Chief Brown with a check to go toward purchasing toys for their Kids in Need Program during the holidays. Andrew Sechler, 1336 Hawthorne Cove Drive, advised that he attended a Planning and Zoning Commission where there was a presentation for a 99 dwelling unit for the parcel by Lake Olympia Square Phase 3 which had been denied for rezoning by that board. Mr. Sechler who is Vice President of the Lake Olympia HOA shared his objection as well as echoed the objections of the residents in Lake Olympia Village and Lake Olympia Club for the proposed rezoning from C -2 to multi - family. He was unsure when this would be presented before the Commission. After Mr. Sechler spoke he was advised that this topic has not been brought before the Commission but will be in the future and they would like to hear from him regarding this when the public hearing occurs. Commissioner Wilsen advised that the developer has had a meeting with the Regular City Commission March 4, 2014 HOA's in the area and she would add his e -mail to her list so that he can be informed when things come up regarding this. William Demarest, 1018 Featherstone Circle, said that Friday night there was a lot of noise coming from Frank's Place and he wanted to know what consideration the Commission has on approving the permits for outside events. Commissioner Grogan said that unless it is a special event a permit is not required. Police Chief Brown said they have a plan in place and will deal with that issue; however, it will go before the noise ordinance officials after this point. Police Chief Brown shared that Frank's Place is cooperating and trying to partner with the Police Department to make sure this does not happen again. D. STAFF REPORTS AND AGENDA REVIEW Emergency Item #1' City Manager Frank advised that some time on or before February 20th, the Maguire Road bridge was struck by an over height vehicle traveling on the Turnpike, damaging several bridge beams. The damage does not affect the structural capacity; however the long term integrity of the bridge requires emergency repairs. The City has contracted with the State bridge inspection firm, Volkert, for a repair design and procedure. The cost to the City will be $21,250 for the repairs and can be transferred from the general fund insurance line. This incident has been reported to the insurance company. The Police Department is treating this as a hit and run incident and is investigating if there is any evidence recorded on the surrounding toll booth cameras. Emergency Item #2 City Manager Frank also reported there was an emergency repair of approximately 280 linear feet of gravity sewer line and the associated paving and curb work at 317 -321 Enterprise Street. The totally cost estimated is $94,444.00. This incident has also been reported to the insurance company. Emergency Item #3 City Manager Frank advised the last emergency item deals with the structural integrity of this City Hall building and the back porch. Public Works Director Krug will have a PowerPoint presentation that will explain as well as provide some options they will have to go through. Public Works Director Krug gave a brief presentation with exhibits showing the settling issues they are having with the City Hall building specifically on the lakeside. He explained that the ultimate repair to stabilize the building will cost approx. $750,000- $1,000,000 and would require removal of the lakeside porch, install new piling along front of building and a new porch. The immediate need for the building is to have the columns replaced with new columns and a new porch railing at a cost of $35,000. Discussion ensued regarding if liability could be placed on the engineering company and whether the City should relocate City Hall or continue to make repairs. Commissioner Grogan, seconded by Commissioner Johnson, moved to approve the three Emergency Items, allowing $35,000 for repairs of City Hall porch to come from the funds of the original financial settlement, as well as transfer of funds from the general fund insurance line to cover the repairs of the Maguire Road Bridge and Enterprise Street gravity line repair. Motion carried 5 -0. 2 1Pagc Regular City Commission March 4, 2014 Commissioner Wilsen inquired about the Strategic Planning in April. City Manager Frank advised they are looking at April 12th; however, details are still being worked out. Assistant City Manager Shadrix briefly shared that the Strategic Planning Workshops will be with LaRue Consulting and once they have their first meeting it can be determined if additional workshops are needed. The tentative date that works best with Mr. LeRue is April 12 but the back -up date of April 5 t " is another option. It will be a publicly noticed meeting held at the Ocoee Lakeshore Community Center. It was also advised that this would be an all -day (8 hour) workshop session. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve Saturday, April 12 1h as the Strategic Planning Workshop date. Motion carried 5 -0. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Grogan — announced 1) The Ocoee Family Aquatic Facility will open for the 2012 season on Saturday, May 3, 2014, starting at 11:00 a.m. Information on the pool hours and admission costs can be found on the city's webpage www.ocoee.org or by calling the Beech Recreation Center at 407 - 905 -3180 2) Annual Big Orange Games on Saturday, April 26th at the Ocoee High School Football Field. Opening ceremonies will be held at 9:15 a.m. and the games will begin at 9:30 a.m. For more information contact the Beech Recreation Center at 407 -905- 3180. 3) apologized for missing Woman's Club 90 Birthday Luncheon this past weekend, and 4) thanked the Utilities Department for the lunch and tour of the facilities. Commissioner Wilsen — reminded everyone the 9 Annual Spring Fling is on March 8 from loam — 3pm. The utilities division will be giving out free plants and rain barrels, and she described the many events, food, and training sessions available to the public at no charge. 2) Bike Rodeo as part of the 9th Annual Spring Fling Event on March 23rd. The rodeo will run from loam to 3pm. Kids wanting to participate in the rodeo can bring their own bike or one will be provided for them to ride on the course. For more information contact the Parks and Recreation Department at 407 - 905 -3180. Commissioner Johnson — announced that parents interested in signing their children up for the Parks and Recreation Department's Spring Break Camp, running from March 21 st through the 28th, can still do so by calling the Parks and Recreation Department at 407 - 905 -3180 or stopping by the Jim Beech Recreation Center, at 1820 A.D. Mims Road. Commissioner Keller — announced the Handgun Safety Class on Saturday March 29, 2014, from 8:00a.m. to 1:00p.m. This is a free handgun safety class taught by Ocoee Police Officers. Topics include terminology, safety, loading and unloading, shooting basics, laws, use of force, concealed weapon permits and proficiency. The class is held at the Ocoee Police Department. If interested please contact Officer Patera Scott at 407 - 905 -3160 ext. 3024 or at natera.scott cr,ocoee.orp. Mayor Vandergrift — none 31Page Regular City Commission March 4, 2014 I F. CONSENT AGENDA Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #1 through #8. Motion carried 4 -0 with Commissioner Johnson away from the dais. 1. Approval of Minutes for the Regular Commission Meeting Held February ,18, 2014. (City Clerk Eikenberry) Approved on Consent. Motion carried 4 -0 with Commissioner Johnson away from the dais. 2. Removal of Member for Non- Attendance and New Appointment to the Citizen Advisory Council for Ocoee Fire Department. (City Clerk Eikenberry) Members of the Citizen Advisory Council for Ocoee Fire Department serve three -year terms. The Resolution creating the Board allows no more than fifteen (15) members. The board currently has five (5) members. However, since his appointment in 2011, James Spears has not attended a meeting. Staff is recommending the removal of Mr. Spears from the Citizen Advisory Council for Ocoee Fire Department. One application was recently submitted by Ms. Jackie Titus; therefore staff recommends the City Commission consider appointing Jackie Titus to the Citizen Advisory Council for Ocoee Fire Department with a term ending November 1, 2017. Staff also recommends removing James Spears from the CACOFD. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson away from the dais. 3. Appointment to the Citizen Advisory Council for Ocoee Police Department. (City 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 nine (9) members. One application was recently submitted by Mr. Terry Titus; therefore, staff recommends the City Commission consider appointing Terry Titus to the Citizen Advisory Council for Ocoee Police Department with a term ending January 1, 2017. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson away from the dais. 4. 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 ten (10) members and their resolution allows no less than seven (7) members and no more than thirteen (13) members. We do currently have one application on file from Billie Jean Daily with an interest in serving on the board; therefore, staff recommends the City Commission consider appointing Ms. Daily to the Human Relations Diversity Board with term ending May 2017. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson away from the dais. 5. Approval of Fluoride Grant from the Florida Department of Health. (Utilities Director Smith) The Utilities department has applied by submitting the grant application and has received preliminary award from the Florida Department of Health for a grant in the amount of $11,620.00 to replace /upgrade the City's existing fluoridation equipment. This grant will be used to the existing fluoridation feed system, 55- gallon fluoride barrels with bulk storage containers and manual feed pumps with larger feed tank and controlled feed pumps at both of the City's water treatment facilities. These improvements will allow operations staff to 41Pa(.e Regular City Commission March 4, 2014 manage fluoride deliveries safer by eliminating the handling of fluoride drums. The new control panel will provide more efficient monitoring and control of fluoridation pumps and residuals. This grant does require the City to commit to continuing fluoridation of its drinking water supply for five years after the date the equipment associated with this grant. The final submittal of the application package is considered the grant contract. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson away from the dais. 6. Approval of Upgrading the Traffic Signals on SR 50 as Part of FDOT's Widening Project. (City Engineer Wheeler) The Florida Department of Transportation (FDOT) is finalizing its plans for the widening of SR 50 through the City of Ocoee from the entrance to the West Oaks Mall to SR 429. This project is expected to start construction in the fall of this year. FDOT has agreed to allow the City of Ocoee to pay the additional cost of using mast arm traffic signals instead of the standard strain pole traffic signal design at the five intersections within the project limits. Those five intersections are the entrance to the West Oaks Mall, Clarke Road, Blackwood Avenue, Bluford Avenue, and Maguire Road. The concrete poles with span wire supporting the signal heads is the standard design for FDOT on all Federal and State jurisdictional roads. The mast arm design utilizes a black metallic pole and arm to support the signal heads. The difference in cost between the standard strain pole installation originally planned by FDOT and the upgrade to mast arm installation desired by the City is $447,850.00. The City will also be responsible for any increase in cost prior to bid advertisement and would receive a rebate for any decrease in cost. FDOT has agreed to pay the additional costs of modifying the plans. This project and its related cost are already included in this fiscal year's budget. The first part of the widening project on SR 50 from east of the entrance to the West Oaks Mall to Good Homes Road is currently under construction. The City entered into a similar agreement with the FDOT to upgrade that project's only traffic signal. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson away from the dais. 7. Community Grant Program January 2014 Cycle. (Community Relations Manager Wright) The Community Grant Review Board (CGRB) met on February 12, 2014, to discuss the 8 applications received for the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant Program provides financial grants of up to $500 to non -profit organizations and civic groups located within the city limits or are located outside the city limits but benefit residents of Ocoee. The grants are awarded twice yearly to acknowledge excellence and further the contributions these local organizations bring to the Ocoee community. There is $5,000 allotted for this cycle of the Community Grant Program. The Community Grant Review Board voted to fund 8 organizations in the total amount of $4,000. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson away from the dais. 8. Approval of Bluford Avenue Drainage Project Purchase Agreement — Brown Property. (Public Works Director Krug) The City Commission approved the acquisition of right of way required for the Bluford Avenue Stormwater Project at the November 19, 2013, meeting, authorizing the Attorney to make the statutorily required pre - condemnation offer letters at the appraised values and then proceed to eminent domain. Ms. Karen Brown, Parcels 101 & 701, has agreed to accept the appraised values for both parcels totaling $7,310.00. Public Works recommends the Commission approve the attached Purchase Agreement in order to continue the property acquisition phase of the project. This is the second of five acquisitions required for the project. The property acquisition is adequately funded in the project budget. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson away from the dais. 511'age Regular City Commission March 4, 2014 G. FIRST READING OF ORDINANCE - PUBLIC HEARING 9. Land 'Development Code Amendment Extension of Approved Preliminary/Final Subdivision' Plans! and Preliminary/Final Site Plans until March 3, 2015. (Advertised in the Orlando Sentinel on Sunday,; February 23, 2014. Second Reading and Public Hearing to be determined)." (City Planner Rumer) The City amended the Land Development Code in 2010 and 2012, by adopting a new section (Section 4 -12) for Chapter 180 which extends certain previously approved Preliminary & Final Plans until March 1, 2014. The amendment was a result of newly passed legislation which promulgates two (2) years extension on development orders, and as well as the approach of other jurisdictions known as the Community Renewal Act Senate Bill 360. The time extensions apply for any Preliminary & Final Plans approved by the City Commission after January 1, 2005, and prior to March 1, 2010, which has not obtained approval of a Final Site /Subdivision Plan (for either the entire project or the approved first phase) and /or commence construction as of March 1, 2010. Staff is proposing to amend Section 4 -12 of the City of Ocoee Land Development Code to provide an additional one year extension. All approved Preliminary and Final Plans will have an expiration date of March 3, 2015, dependent on special circumstances that may arise for individual projects. Since the City has not adopted new development regulations, previously approved projects would still comply with current codes and ordinances. City Attorney Cookson read the title of the ordinance. City Planner Rumer briefly explained that the Florida Legislature enacted a law in 2011 that directed local governments to automatically extend previously approved subdivision and site plans until March 2014. This ordinance will bring some projects forward to give them a further extension as our engineering and zoning criteria has not changed. We are waiting to see what the legislature does this year. We will re- advertise when we are ready to have the second reading and public hearing. Mayor Vandergrift asked if any projects have appealed so far. Mr. Rumer noted that two had appealed for an extension, they are Ocoee Pines on north side of Clarcona Ocoee Road and West End Subdivision (industrial subdivision) on the south side of Old Winter Garden Road near the turnpike. Mayor Vandergrift repeated that we will re- advertise when we are ready to have the second reading and public hearing. H. REGULAR AGENDA — no items I. STAFF ACTION ITEMS Mayor Vandergrift asked if the commission could be briefed with what is happening with the Fire Department. City Manager Frank stated that they are meeting with the Fire Department with regard getting the 3 year Union Contract going and additionally they will be presenting something to the Commission during the budget workshops with a lower budget. 61Page Regular City Commission March 4, 2014 J. COMMENTS FROM COMMISSIONERS Commissioner Keller — 1) inquired if anything has been started with the repairs out at the cemetery. Parks and Recreation Director Hayes explained they have not started; he is looking at options on how to proceed and getting the design work completed. It should be going out to bid soon. 2) said SunRail is starting to come online with getting quiet zone money to quiet train noise which will increase through many neighborhoods with the new SunRail route. He said lately there have been trains blowing whistles late at night. Commissioner Grogan said he believes that they are running the trains later because of the railroad track work that is being done during the day; he believed that to be temporary. Mayor Vandergrift said, without objection, he would like for staff to look into the Quiet Zone funding available for the future railroad noise issues. Commissioner Johnson — 1) said we purchased a piece of property at Geneva and Bluford; there is now a parcel for sale is 35 Geneva Street, right beside it. He has been talking to the City Manager about it and would like to get a consensus from the commission to have staff review the property owner's appraisal and consider negotiating a contract to purchase it. Commissioner Johnson, seconded by Commissioner Keller, made a motion to direct staff to negotiate with the property owners and /or their agents regarding the possible purchase of the parcel at 35 Geneva Street and a connecting parcel. Motion carried 5 -0 Commissioner Johnson noted that he was away from the dais when the Consent Agenda was voted on and he has some issues regarding the Community Grant Awards. He is not in favor of giving awards to businesses outside of the city unless they show proof that they are specifically benefitting Ocoee residents. Discussion followed with Community Grant Review Board Chair Jim Sills and the Commission. Commissioner Wilsen, seconded by Commissioner Grogan, moved to direct the Community Grant Award Board bring back a revised application that would include guidelines or criteria showing a benefit for Ocoee residents that must be met in order for the application to be accepted. Motion carried 5 -0. Commissioner Johnson said he has received complaints that there is a restaurant going in on the end of the strip stores on Bluford where Domino's Pizza and Mi Ranchito is located. The renters are saying they are trying to open restaurant on the end of the strip. Parking is already an issue out there and it has not been approved to operate a restaurant. Support Services Director Butler said that he will look into the issue with Code Enforcement and the Building Department. 71Page Regular City Commission March 4, 2014 ADJOURNMENT Meeting adjourned at 8:45 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor 8 1Page