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HomeMy WebLinkAboutItem #01 Approval of Minutes for the Regular Commission Meeting Held April 1, 2014MINUTES April 1, 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 Commissioner Grogan. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen (absent), Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. B. PRESENTATIONS AND PROCLAMATIONS Proclamation — Sexual Assault Awareness Month Mayor Vandergrift proclaimed April 2014 as Sexual Assault Awareness Month. Proclamation — Arbor Day — April 25, 2014 Mayor Vandergrift proclaimed April 25, 2014, as Arbor Day. The proclamation was presented to Parks and Recreation Hayes and Utilities Director Smith. Proclamation — Water Conservation Month Mayor Vandergrift proclaimed April 2014 as Water Conservation Month. The proclamation was presented to Utilities Director Smith and Water Conservation Coordinator Justice. Presentation by Scott Randolph, Oran1le County Tax Collector Scott Randolph, Orange County Tax Collector, briefly spoke in regards to the issues of non -ad valorem taxes on churches and non -profit organizations, county held tax certificates, and the tax collector task force. Mayor Vandergrift inquired about the tax deed for the Forest Ridge Cemetery and if the City could offer $5 to have it transferred into the City's name. Mr. Randolph briefly explained that it will have to go through the tax deed process. He will speak with his property tax manager to see how the City can go about to apply for the tax deed. Mr. Randolph explained there are heirs listed as the owner so he would like to contact the City Attorney to figure something out since he does feel it is an important piece of property. Mayor Vandergrift advised there is always the method of advertising to see who shows up. Without objection, Mayor Vandergrift said he would like the City Attorney to look into the Forest Ridge Cemetery tax deed transfer. Commissioner Johnson briefly commented that the tax collector agency should consider a sub location for just driver's license issues verses having an all -in -one location which causes a longer wait time. He further complained about the recent rate hikes with tag renewals and lack of staffing in their facilities. Mr. Randolph briefly explained some the change that occurred prior to his appointment as Tax Collector and shared that he has been addressing has many of the recent concerns that he can. More staffing has been added to their facilities, as well as pay raises implemented amongst their employees. Regular Commission Meeting April 1, 2014 C. COMMENTS FROM CITIZENS /PUBLIC - None D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1) The Parks and Recreation Department will be sponsoring its Annual Easter Eggstravaganza on Saturday, April 19th at the Jim Beech Recreation Center from 10:00 a.m. to noon. There will be Easter Egg Hunts for children from infants to 12 years of age; along with prizes, bounce houses, arts & crafts, face painting, coloring contest, clowns and pictures with the Easter Bunny. 2) City residents may begin registering for the Parks and Recreation Department's popular swimming lesson program on Saturday, May 10th from 10:00 am. to 5:00 pm. Non- resident registration will begin May 17th from 9:30am to 5:00pm. 3) The Parks and Recreation Department will begin accepting registration for its Summer Camp Program. Registration for residents will begin on April 7th, and open registration (for residents and non - residents) will begin April 14th. The Summer Camp is open to children from 5 to 14 years of age and will run from June 9th to August 15th. For more information contact the Beech Recreation Center at 407 - 905 -3180. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — 1) thanked the Ocoee Police Department for allowing him to do a ride along Friday evening. It was a DUI run and he is happy to say they did not catch many. 2) Inaugural Citizen's Public Safety Academy — Starts Wednesday April 16, 2014, from 6:00pm to 9:00pm. The Ocoee Police Department and Ocoee Fire Department are proud to announce the inaugural Citizen's Public Safety Academy. This course will be held every Wednesday evening for ten straight weeks at both the police department and at the main fire station. The academy is taught by City of Ocoee Police Officers, Firefighters and industry experts. The academy is funded by donations, is free to residents, and participants will be eligible for one ride along with an officer on patrol. There will also be a graduation banquet that will take place upon completion of the academy. For more information please contact: Ofc. Patera Scott at (407) 905 -3160 ext. 3024 or Patera. Scottnocoee.org or Lt. Cory Bowles (Ocoee Fire) at 407 - 905 -3140 or Cbowlesgci.ocoee.fl.us Commissioner Johnson — shared a "Thank You" letter addressed to him, the City and Fire Department staff from the Ungaro Family regarding the Donnie Ungaro dedication. Commissioner Grogan — announced the Ocoee Lions Club 10` Annual Golf Tournament at the Forest Lake Golf Course on May 3 Registration begins at 7:00 a.m. and shot gun start will be at 8:15 a.m. Entry deadline is April 30 "; please contact David Wheeler or Jim Sills for more information. Lions Club Member Wheeler inquired if the City was going to be a Hole Sponsor. It was discussed that this was budgeted and a motion was not required. 21Pagc Regular Commission Meeting April 1, 2014 F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Grogan, moved to approve the Consent Agenda Items #1 through #4. Motion carried 4 -0 with Commissioner Wilsen absent. 1. Approval of Minutes for the Regular Commission Meeting Held March 18, 2014. (Cj Clerk Eikenberry) Approved on Consent. Motion carried 4 -0 with Commissioner Wilsen absent. 2. Award of RFQ #1402 Professional Hydrological & Water Supply/Planning Services. (Purchasing Agent Tolbert) The City's contract for professional hydrological services with SMW Geosciences has expired. 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 professional services in assisting the City's efforts to comply with City C.U.P. conditions and may require: groundwater modeling, water demand projections, reuse projections and planning, environmental impact assessment, permit application and supporting documentation preparation, supporting City staff with public presentations, and meetings; and permitting and compliance with SJRWMD and FDEP. The RFQ was advertised on January 26, 2014, and was publicly opened on February 25, 2014. There were four (4) responses submitted. The Finance Department and Utilities Department reviewed the proposals and all were considered responsive. The four (4) responses were evaluated by the RFQ Evaluation Committee. The Evaluation Committee short- listed the following firms in ranked order, and recommends contracting with the top ranked firm, SMW Geosciences Inc. Staff recommends that the City Commission award RFQ 41402 Professional Hydrological and Water Supply /Planning Services to SMW Geosciences Inc., as budgeted each fiscal year; approximately $30,000 annually. Approved on Consent. Motion carried 4 -0 with Commissioner Wilsen absent. Schools. (Police Chief Brown) The Ocoee Police Department provides one (1) DARE officer to five (5) elementary schools, one (l) School Resource Officer to one (1) middle school, and two (2) School Resource Officers to one (l) high school, all of which are located within the city limits of Ocoee. An annual agreement between the City and the School Board of Orange County is required in order for the Police Department to understand its officers' responsibilities and for the City to be reimbursed by the School Board of Orange County for a portion of the officers' salaries. This agreement is effective from July 1, 2013 to June 30, 2014. A similar agreement was previously reviewed by the City Attorney and approved by the City Commission for 2012 -2013. Approved on Consent. Motion carried 4 -0 with Commissioner Wilsen absent. Annravnl of Cnerinl Event Permit far Rand C'lacnre !nf Tavlr ---- i a ­­ vast .. . --" 1k-- -- F- --- --aria .... is... In order to temporarily close a public street, the approval of the Honorable Mayor and City Commission is required. Mr. David Wheeler of Ocoee Lions Club has made application to the City for a Special Events Permit for the Ocoee Lions Club Train Rides that would require the temporary closing of a City owned street. The event will be held on April 5, 2014, from 10:00 AM — 5:30 PM & April 6, 2014, from 11:00 AM — 5:30 PM. The street to be closed is Taylor Street at Oakland & Kissimmee Avenue. Approved on Consent. Motion carried 4 -0 with Commissioner Wilsen absent. 31Page Regular Commission Meeting April 1, 2014 G. PUBLIC HEARINGS 5. Park Place at Maguire Preliminary /Final Subdivision Plan and Preliminary/Final Site Plan for Lot 1. (Advertised in the Orlando Sentinel on Thursday, March 20, 2014). (City Plattner Rumer) The subject property is located on the northeast corner of Maguire Road and Tomyn Blvd. The parcel is identified as parcel number 29- 22 -28- 8895 -01 -001. The parcel is 14.11 acres in size. The Park Place Planned Unit Development (PUD) is comprised of 242 multi - family units and a 2 ' / 2 acre commercial outparcel. The subject property consists of undeveloped land. The Future Land Use designation for the subject site is "Commercial ". The preliminary/final subdivision plan proposes to create three lots. Lot l will consist of the 242 multifamily units. Lot 2 & Lot 3 are commercial out parcels. The preliminary /final site plan is for the construction of 242 multi - family units on Lot 1. City Planner Rumer gave a brief summary of the proposed project including site location and future land use designation. The PUD approval was received back in 2013 so tonight's approval is a follow -up for the site plan approval. City Planner Rumer explained the several off -site improvements that would be constructed or mitigated through payments based on the proposed development and previous development agreement commitments. The subdivision has received school capacity and concurrency approval and the applicant has already pre -paid some of the school impact fees. Commissioner Keller inquired if the turn before Maguire Road was a gated turn. City Planner Rumer explained that the gates would be located back off the entrance so that there would be no stacking onto Maguire Road. Mayor Vandergrift inquired if the apartments would be wood structures. It was answered by the applicant that it would be a wood structure. Mayor Vandergrift shared his concerns of a wood structure due to the recent tragic condo fire in Orlando that killed three children. Further discussion ensued regarding fire sprinkler and roofing requirements. Mayor Vandergrift opened the public hearing. Mark Skorman briefly advised he is available to answer any questions. Mayor Vandergrift closed the public hearing. Commissioner Johnson said he would like to inquire from the Commission if they could have staff look at some kind of remedy with the plan review fee because it is high. Explanation was given by staff on the ' / 2 of 1% plan review fee for building and the additional '/z of 1% plan review fee for fire that is due at time of submittal. City Planner Rumer advised that they are finding that this fee is causing conflict with funding in that banks will not lend this money if a permit is not issued. City Planner Rumer further advised the Commission did temporarily waive the ' /z of 1% of the fire plan review fee; however, he feels they may want to look at doing something more comprehensive and not a temporary relief. It was further explained that this review fee has stopped development of several projects. Commissioner Johnson said he would like staff to come up with a study to see how they can handle future plan review fees; however, for this project he would like to see if the City could defer the plan review fee as was done in January. City Manager Frank advised they only had a brief chance to look at this particular project so he does not feel they have enough information at this time for a recommendation. He further advised they could possibly allow this developer to pay the fee at a later date with commission authorization but would have to do further research in order to proceed with 41Pagc Regular Commission Meeting April 1, 2014 changing the ordinance. Further discussion ensued. City Attorney Cookson advised it seems they are looking at deferring the payment of the plan review fee from time of submittal, to the time the plans are approved. Mr. Skorman asked for clarification on when he is to have all fees paid. City Manager Frank inquired if he anticipated all fees being paid by the end of May when he is really to develop. Mr. Skorman answered in the affirmative. City Manager Frank said he feels it is best to authorize staff to figure out the appropriate fees and after Commission's action at the next meeting, they can then figure out the rest of the fees which can be paid by the end of May. Commissioner Johnson, seconded by Commissioner Keller, moved to approve the Preliminary /Final Subdivision Plan and Preliminary /Final Site Plan for Lot 1 at Park Place at Maguire per staff's recommendation and to defer the plan review and building permit fees until no later than the end of May, as negotiated between staff and the developer. Motion carried 4 -0 with Commissioner Wilsen absent. City Attorney Cookson advised that he feels they should also have a motion to direct City staff to look at other cities so they can bring a recommendation back before them on deferring the plan review fees. Mayor Vandergrift said without objection he would like for staff to look at what other cities are doing in regards to plan review fees. City Manager Frank said he is assuming that staff is to bring back the re- structuring of the fees as a first reading ordinance or resolution to the next meeting. The Mayor concurred. H. REGULAR AGENDA 6. Potential Sale of Real Property Owned by the City of Ocoee on S. Bluford Avenue.' (Support Services Director Butler) The City of Ocoee has two potential offers for the property located on South Bluford Avenue just south of Oakwood Plaza (parcel 419- 22 -28- 0000 -00 -080). One offer is from Satish Somwaru with Help My Auto LLC in the amount of $70,000 for the entire parcel. The second offer is from Steve Mitchell with RMR Investors Inc. as Trustee of S. Bluford Land Trust in the amount of $60,000 for a portion of the parcel. We are asking the Commission how they would like to proceed. Support Services Director Butler explained that the city -owned property is located on the west side of Bluford Avenue, between Geneva Street and SR 50. He stated it is part of the old railroad right of way that used to run along Bluford Avenue. The current assessed value is $105,000. He explained the two offers that have been received for the property. 1) Satish Somwaru with Help My Auto LLC in the amount of $70,000 for the entire parcel with the city retaining drainage easements and access, contingent him obtaining an appraisal and being able to modify his offer or get first right of refusal. 2) Steve Mitchell with RMR Investors Inc. as Trustee of S. Bluford Land Trust in the amount of $60,000 for a portion of the parcel, adjacent to the shopping center to be used mainly for parking and truck access. Mr. Butler noted they could opt to sell the property by accepting one of the two offers, noting that sale of the whole property would require a public hearing. We could also go through a formal bidding process to sell the property. The appraisal being over the $100,000 threshold will require a public hearing. He discussed some temporary plans that had been discussed to have a community garden with the rotary club, but those plans did not pan out. 51Page Regular Commission Meeting April 1, 2014 Commissioner Johnson asked if the two parties had met to discuss usage of the property. Mr. Butler stated that they are going to meet to discuss the possibility of Mr. Somwaru purchasing the property and being able to give access to the businesses in the shopping center. City Manager Frank noted that Commissioner Wilsen asked him to convey that she is in favor of going out to bid on this property, noting that since we have two interested parties at this time there would probably be more. Commissioner Grogan asked what the difference in revenues to the city would be if an actual business was there as opposed to a parking lot. Mr. Butler said property taxes would be approximately $300 per year. Commissioner Johnson said he would like to see these two parties work something out so that we could sell the whole parcel to Mr. Somwaru and he would be able to give Mr. Mitchell the access needed for the shopping center. Commissioner Keller started a discussion with regard to the appraised value of the property. City Attorney Cookson said the city will have to sell it at the appraised value. Satish Somwaru said he is meeting on Saturday with the shopping center owner. Initially, Mr. Mitchell had said that he needs 77 feet for access. Mr. Somwaru said he does not know if he can do this until he gets it appraised, purchases the property, and then gets an architect to lay out the design for his business. Commissioner Johnson asked Mr. Mitchell if he is willing to bid on the whole property. Mr. Mitchell stated the whole property won't do then any good, they just need enough room for the tractor trailers to turn around. Commissioner Grogan said it would be in the best interest of the city to have a business there rather than a parking lot; he would like to get these two parties to work together. There was discussion about the tractor trailers drivers who have been using the property to deliver to the two restaurants and grocery store in the shopping center for many years. Steve Mitchell and Jack Richards noted that they originally wanted a parcel that was even smaller; however they may be interested in the whole parcel if it is $70,000. He noted that if they don't get to buy the property and can't make an arrangement with Mr. Somwaru, the existing shopping center and businesses will go down. Commissioner Johnson said that the shopping center owner created the problem by overloading the shopping center and putting too many businesses in there when they could not provide proper access and parking for them. Mayor Vandergrift said they will discuss this at the next meeting between now and then they need to attempt to see if they can work together. City Attorney Cookson confirmed that we are tonight deciding to hold off on any sale of the property. Support Services Director Butler stated that Mr. Somwaru and Mr. Mitchell cannot have a useful conversation unless Mr. Somwaru has an indication from the city that we are willing to sell the entire property. He would then be able to move forward with the appraisal so he can have a clearer idea of cost and design of the building on the property and be able to figure out how much space he could provide for the shopping center. Mayor Vandergrift stated the city will most likely sell the entire parcel, and he can move forward with the appraisal if he chooses to within the next two weeks. Mr. Butler said it would probably take a month to get the appraisal. Commissioner Johnson noted that Mr. Mitchell could get an appraisal for the entire property as well, if they are interested in that. 611'agc Regular Commission Meeting April 1, 2014 7. Ocoee Crown Point PUD Letter of Intent — Taylor Morrison Homes. ! (Assistant City Manager Shadrix)' At the December 17, 2013, City Commission meeting, staff presented the City Commission with the City Manager's top three respondents: i) Taylor Morrison, ii) Frontdoor Communities, and iii) Meritage Homes for further interviews with staff. The Commission also added Elevation Development as an alternate if one of the respondents dropped out. The City Manager and his designees conducted interviews with the top respondents. After the interviews, Frontdoor Communities withdrew their name for consideration and a subsequent interview with Elevation Development took place. The City Commission directed staff to proceed forward with Taylor Morrison Homes as the number one selected proposal after seeing the presentation. Since that time, staff has met several times with representatives of Taylor Morrison Homes and several issues have become apparent. First, the housing market has slowed. Second, this lull in the housing market has apparently affected the type of product that Taylor Morrison forecasts as economically feasible given their purchase offer ($9.9 million). Staff recommends the Honorable Mayor and City Commission end negotiations with Taylor Morrison Homes without prejudice and solicits letters of intent at such time as the market commands better prices and products. Assistant City Manager Shadrix explained the process that has taken place since December 2013 when the Commission voted to move forward with Taylor Morrison for development of the Ocoee Crown Point property. Commissioner Keller, seconded by Commissioner Grogan moved to end negotiations with Taylor Morrison Homes without prejudice per staff recommendations, and to solicit letters of intent at such time as the market commands better prices and products. Motion carried 4 -0 with Commissioner Wilsen absent. Commissioner Johnson, after Item #8, brought back a discussion about this item. He said he would like to see the city be more stringent with these developers who purchase the property telling us they are going to build a certain product, and then come back later with a much less desirable option and expect the city to just approve it. There was a brief discussion about the history of this parcel and possible future uses. Mayor Vandergrift said he would like to see another RFP go out on it. S. Election of Mayor Pro Tem. (City Clerk Eikenberry) Section C -9 of the Ocoee City Charter states: ...The Mayor pro tem shall be elected from among the Commissioners by the City Commission but shall continue to represent the district in which such Commissioner resides. The Mayor pro tern shall be elected at the first City Commission meeting following the swearing in of the candidates elected at each general city election ... and shall serve as Mayor pro tem until the successor is elected. On March 20, 2007, the Commission created a policy to elect the Mayor Pro Tem annually, even in non - election years, by rotating down through the seniority list, beginning with Commissioner Johnson for the term of March 2007 -2008. The following elections have been made since 2007: 2007 -08 Commissioner Johnson 2011 -12 Commissioner Wilsen 2008 -09 Commissioner Hood 2012 -13 Commissioner Hood 2009 -10 Commissioner Keller 2013 -14 Commissioner Keller 2010-11 Commissioner Johnson Commissioner Grogan, seconded by Commissioner Keller, moved to appoint Commissioner Johnson as Mayor Pro Tem for the election year 2014 -2015. Motion carried 4 -0 with Commissioner Wilsen absent. 71Page Regular Commission Meeting April 1, 2014 9. Appointment of Commission Liaisons to Various Boards. (City Clerk Eikenberry) Each year in March, the Commission reviews the Liaisons Appointments to various boards and makes changes, if needed. In 2013 the following appointments were made: Parks and Recreation Board — Commissioner Wilsen Citizens Advisory Board for the Police Department- Commissioner Grogan Citizens Advisory Board for the Fire Department- Commissioner Johnson Human Relations Diversity Board- Commissioner Keller Personnel Board — Commissioner Johnson Tri- County League of Cities — Commissioner Wilsen West Orange Airport Authority - William Maxwell W.O. Chamber of Commerce— City Manager Frank MetroPlan Advisory Board- Commissioner Keller Education Incentive Board — Commissioner Johnson Commissioner Keller, seconded by Commissioner moved to approve the appointments of the commission liaisons to continue for another year the same as the current appointments. Motion carried 4 -0 with Commissioner Wilsen absent. Parks and Recreation Board — Commissioner Wilsen Citizens Advisory Board for the Police Department- Commissioner Grogan Citizens Advisory Board for the Fire Department- Commissioner Johnson Human Relations Diversity Board- Commissioner Keller Personnel Board — Commissioner Johnson Tri - County League of Cities — Commissioner Wilsen West Orange Airport Authority- William Maxwell W.O. Chamber of Commerce — City Manager Frank MetroPlan Advisory Board- Commissioner Keller Education Incentive Board — Commissioner Johnson I. STAFF ACTION ITEMS None J. COMMENTS FROM COMMISSIONERS Commissioner Grogan — announced that he would like to have staff to bring before the commission at the next meeting a first reading of ordinance for the additional $25,000 homestead exemption for low- income seniors per statute §196.075. All of the other cities in the county except Edgewood and Ocoee have approved this and he feels Ocoee should offer this to the other cities in Orange County. He has researched this and found the cost to the city will be an estimated $30,000 impact to revenues. Consensus of the Commission was to bring back this ordinance for first reading at the next commission meeting. Commissioner Johnson — said he would like to finalize the cost information with the contractors for Lakeshore Center. Support Services Director Butler stated that they are working on the punch list of 100 items that we gave them last month. Last week he supplied them with a close out change order of the liquidated damages; the contractor asked a few questions but as of yet has not sent a response. Commissioner Johnson also asked the commission to direct staff to seal coat the parking lot and restripe it so it looks like it matches the building. City Manager Frank said he will discuss it again with Public Works Director Krug with regard to repaving or seal coating it and he will come back with a recommendation to the Commission. He noted that it 8 1Pagc Regular Commission Meeting April 1, 2014 also needs some parking bumpers in front of the gazebo as well. Mr. Butler said they added 10 new items to the punch list which includes adding lights next to the entrance walls on Oakland Avenue and replacing the carpets in the lobby space. The contractor has given us prices for those items and we have discussed how that will be paid for; they should be supplying a completion date for each of those items. At this time it is his understanding that 90% of the punch list items have been completed. The lighting and air conditioning issues have also been resolved. Commissioner Keller — stated that the city property behind Lake Meadow is having some problems with ATVs and other people trespassing. The police have advised that it is hard to trespass anyone because it is not posted no trespassing. He would like to get some signs posted on the property. Support Services Director Butler advised he will relay that information to Public Works Director Krug. The property would need to be surveyed so the signs could be posted along the property boundaries. Mayor Vandergrift — asked if the $1500 fees for four hours for the Lakeshore Center includes Bill Breese Park. Support Services Director Butler said they are tied together because of parking issues. Parks and Recreation Director Hayes stated that events going on in the park potentially prevents us from renting the Lakeshore Center and for that reason the park rentals fees are as high as renting the building. There is a fee structure for renting both the building and the park. There was discussion regarding the fees and the connection between the two venues. If the Bill Breeze Park and the Lakeshore Center are rented out at the same time to two different parties, there is no way to accommodate the parking. There was discussion that the Dunn property recently purchased by the city had problems with asbestos in the siding of the home which has delayed tearing down the home. The home should be torn down in the next two months and that will provide additional parking. Assistant City Manager Shadrix said that we have over 24 bookings and a lot of inquiries and interest on renting the Lakeshore Center. Mayor Vandergrift said there is a problem on Jemima Avenue while we are working on it. Commissioner Grogan said that Assistant Public Works Director Richard Campanale sent out a letter explaining the work that needed to be done; there was a problem with the grade being temporarily made too steep for cars to get in their driveways but it has sense been rectified. He also noted that the round- abouts will be taken out and not put back in there. There will be one traffic calming device placed there. Mayor Vandergrift asked what the Joint Homicide Task Force was; Police Chief Brown and Deputy Chief Silberstein explained. He would like to see press releases from this Task Force. Chief Brown stated they gave out as much information they could without compromising the investigation. ADJOURNMENT Meeting adjourned at 9:09 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor 91Page