HomeMy WebLinkAboutItem #01 Approval of Minutes for the Regular Commission Meeting Held July 15, 2014MINUTES
July 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, Mayor Vandergrift (absent),
Commissioner Johnson, and Commissioner Keller.
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation — Parks and Recreation Month — July 2014
Mayor Pro Tem Johnson read and presented a proclamation in recognition of July 2014 being
Parks and Recreation Month to Parks and Recreation Board Members Rob McKey and Mary
Barber.
Presentation Re2ardin2 Cystic Fibrosis Event at Lake Meadow Natural Farm on October 25
Lisa Murphy, Executive Director of Cystic Fibrosis Foundation Central Florida, and Amy
Palandrino briefly explained cystic fibrosis and how the disease affects those who are diagnosed
with it. They shared information on their upcoming event that is scheduled at Lake Meadow
Natural Farm on October 25 and asked for the City's support in helping promote the event.
Mayor Pro Tem Johnson advised that they can get in contact with Parks and Recreation Hayes
so he can coordinate with Community Relations Manager Joy Wright to get their event
information onto the City's TV Channel.
C. COMMENTS FROM CITIZENS /PUBLIC
Bruni Massa, 611 E. Lakeshore Drive, shared her concern regarding the white divider strips and
directional road signals on Story Road being faded out. City Manager Frank advised that he
spoke with Public Works Director Krug and they tripled the amount for road striping in next
year's budget due to revenue starting to pick up from property values increasing. They are going
to make a big effort to start striping roads starting on October I". Ms. Massa briefly commented
on the great improvements that have made with the Ocoee Cemetery.
Robert Fugate, 416 E. Lakeshore Drive, shared his concerns regarding Starke Lake's water
quality having gone down significantly over the past few years. He inquired if anyone was
looking into cleaning it up. Mayor Pro Tem Johnson said he has spoken to some of the state
environmental personnel and they said the water quality is getting better for Starke Lake over the
last year. Mayor Pro Tem Johnson further shared that the City has been really good about
providing retention areas and maintaining ditches to help filter what flows into the lake. City
Engineer Wheeler further addressed some of Mr. Fugate's concerns.
Following the discussion of Starke Lake, Mr. Fugate next inquired about bike paths and if the
city has any plans in creating bike paths to bring life to the City. Mayor Pro Tem Johnson
advised that we do have a bike trail but it is just not in the downtown area of Ocoee. Mayor Pro
Regular City Commission
July 1, 2014
Tem Johnson further shared that it would require funds coming from the tax budget to get more
trails as well as the city needing to find land where they can put the trails. He noted that the
citizens would have to be in favor of a tax increase to get that accomplished.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced the following:
1) Item #12 was moved up from Regular to Public Hearings section of the agenda but it
still remains as Item #12.
2) On the dais in front of them are the dates for them to vote on for cancellation of
certain Regular Commission Meetings.
Commissioner Wilsen, seconded by Commissioner Keller, moved to cancel the
following Regular Commission Meetings, as listed, September 2, 2014, November
18, 2014 and December 16, 2014. Motion carried 4 -0 with Mayor Vandergrift
absent.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Grogan — None
Commissioner Wilsen — announced there will be a Town Hall Meeting with Representative
Bracy on July 9 at 6:00 p.m. in the Commission Chambers.
Commissioner Keller — None
Mayor Pro Tem Johnson — None
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Grogan, moved to approve the
Consent Agenda Items #1 through #8. Motion carried 4 -0 with Mayor Vandergrift
absent.
1. Approval of Minutes for the Regular Commission Meeting Held June 17, 2014. (City
Clerk Eikenberry)
Motion carried 4 -0 with Mayor Vandergrift absent.
2. 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. One
application was recently submitted by Mr. Robert Carbone; therefore staff recommends the City Commission
consider appointing Robert Carbone to the Citizen Advisory Council for Ocoee Fire Department with a term
ending November 1, 2017.
Motion carried 4 -0 with Mayor Vandergrift absent.
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3. 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 Sujeily Ruiz with an interest in
serving on the board. Staff is recommending that the City Commission appoint Ms. Ruiz to the Human
Relations Diversity Board with term ending May 2017.
Motion carried 4 -0 with Mayor Vandergrift absent.
4. Approval of Two - Year Warranty Surety and Maintenance, Materials, and
Workmanship Escrow Agreement with October Holdings, LLC for Fountains at Tivoli
Place - Phase 1. (City Engineer Wheeler)
October Holdings, LLC constructed the first phase of the Fountains at Tivoli Place commercial development at
the same time they were building the Primrose School Daycare on lot I of the development. They have
completed construction of the infrastructure improvements and the building and have requested a Certificate of
Completion. The site infrastructure includes water and sanitary sewer improvements to be dedicated to the City
as well as the stormwater collection system, access road, parking lot, and perimeter wall for the first phase of
the commercial development. All identified punch list items have been completed and the developer is ready to
start the two -year warranty period.
As a requirement of the Land Development Code, the developer is required to furnish the City a surety to cover
any possible damages discovered during the next two years, should the developer not choose to make those
repairs. October Holdings, LLC has provided the City with a check in the amount of 10% of the constructed
improvements that are being dedicated to the City by Bill of Sales. The Maintenance, Materials, and
Workmanship Escrow Agreement (Form 8 from the Land Development Code) will act as the executable
document between the developer and the City in the event that the surety is monetary. The surety will be
returned to the developer upon completion of the two -year warranty period and the repair of any damages
caused over that two year period.
Motion carried 4 -0 with Mayor Vandergrift absent.
5. Funding Approval for the Extension of a Contract with BeatCreative Marketing LLC.
(Parks and Recreation Director Hayes)
On May 6, 2014, the City Commission approved the extension of a contract with BeatCreative Marketing LLC
for an additional four month period of time to provide marketing, promotional assistance and website assistance
for the Lakeshore Center. At that time it was believed there were sufficient funds remaining in the original
contract to cover the four month extension of that contract, and therefore, no additional funds were
recommended or approved. The work associated under the original contract and the first two months of the
extended contract period has now reached the full level of funding for the original contracted period, which was
$13,000. Therefore, in order for the City to continue utilizing the services of BeatCreative Marketing LLC they
will need approval of additional funding to complete the remaining two months of the extended contract period.
The amount required to fully fund the remaining two months of the contract extension totals $2,800. The
original contract was approved by the City Commission on August 20, 2013, along with the approved funding
source for the contract, which was the contingency fund. At this time there are no additional funds available in
the contingency fund, therefore, the Parks and Recreation Department is seeking approval to transfer $2,800
from the Recreation Account No. 001 - 572 -00 -1200 to cover the costs for the remaining two months of the
contract.
Motion carried 4 -0 with Mayor Vandergrift absent.
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6. Approval for Separate Surplus Auction of PBX Telephone Equipment. (Support
Services Director Butler)
As previously approved by the City Commission, the City will change to utilize a voice over Internet protocol,
or VoIP, telephone system from CenturyLink and will no longer need the Norte] Meridian private branch
exchange (PBX) equipment that was purchased and installed in 1999. The City will receive all new network
and telephone handset equipment as part of this change in telephone system operation. The switching function
will be provided by CenturyLink facilities.
Northern Telecom, the company that made the PBX equipment, is no longer in business and this line of
equipment is no longer manufactured; 2013 was the last year for software support. It is precisely because this
widely used product is no longer being manufactured that a strong market exists for the surplus sale of PBX
equipment for parts /repair. Staff anticipates that a better price for the PBX equipment can be acquired through
the specialized PBX used equipment market than through the city's normal local surplus equipment auction.
The PBX will remain in use until the new phone system is installed, which will likely be in September;
however, the surplus PBX auction should occur in July since advanced sales are the norm in the PBX market so
brokers can place the equipment with new owner(s) prior to removal from the seller's facilities. It may also be
advantageous to the city to sell its related surplus telephone handsets and network switches through the
secondary market.
Motion carried 4 -0 with Mayor Vandergrift absent.
7. Approval of Third Amendment to the Interlocal Agreement Regarding Coca -Cola
Property and the 'Third Amendment to Declaration of Conditions of Approval (Ocoee
Crown Point PUD). (City Engineer Wheeler)
The School Board of Orange County, Florida (School Board) entered into that certain Interlocal Agreement
regarding Coca -Cola Property dated June 13, 2000, with the City of Ocoee, as amended by the First
Amendment and Second Amendment thereto (Interlocal Agreement).
The School Board and Ocoee also entered into a Declaration of Conditions of Approval, dated September 16,
2003, as amended by the First Amendment and Second Amendment thereto (Declaration) to govern the
permitting related to the acquisition and development of the land contemplated by the Interlocal Agreement.
Subject to the terms in the Third Amendment to the Interlocal Agreement contemplated herein, the School
Board would pay to Ocoee the lesser of: i.) 50% of the actual costs paid by Ocoee in connection with necessary
revisions to the Army Corp of Engineers Permit; or ii.) SEVEN THOUSAND FIVE HUNDRED AND NO/] 00
DOLLARS ($7,500.00). Subject to the terms in the Third Amendment to the Declaration contemplated herein,
the owner of a tract of land adjacent to the Bus Facility Site would have the right to impact the Bus Facility Site
for water drainage, so long as the School Board would have the right to utilize any surplus Uniform Mitigation
Assessment Method Credits resulting from the July 2011 permit modification granted by the SJRWMD Permit
No. 4- 095- 83494 -1.
The Elementary School Site is planned to be surrounded by a master planned residential community. Because,
the school site will be transferred prior to a completed development plan, OCPS is agreeing to adjust the
property boundary so long as the gross acreage remains the same and acceptable access is provided. OCPS will
have ninety (90) days to review any request to adjust the boundary.
The Third Amendment to the Interlocal Agreement and Third Amendment to the Declaration has been reviewed
by City and School Board legal staffs.
Motion carried 4 -0 with Mayor Vandergrift absent.
8. Sponsorship of "Business After Hours" at Ocoee Lakeshore Center. (City Manager
Frank)
The West Orange Chamber of Commerce has requested the use of the Ocoee Community Lakeshore Center for
a "Business After Hours" (BAH) event on October 16, 2014. The city approved sponsoring a BAH in 2013 at
the community center, however the building was not completed on time and the event was held elsewhere.
Motion carried 4 -0 with Mayor Vandergrift absent.
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G. PUBLIC HEARINGS
9. Spring Lake Reserve PUD — Preliminary /Final Subdivision Plan (Advertised in the Orlando
Sentinel on Thursday, June 19, 2014). (Principal Planner Fabre)
The Spring Lake Reserve Preliminary /Final Subdivision Plan (PSP /FSP) is a residential subdivision that
proposes a total of 79 single- family detached residential lots with a requested net density of 4.52 units per acre.
It should be noted that the PUD was approved for 99 lots; therefore, the net density and overall development
impact is less than what was anticipated in the PUD Land Use Plan. The PSP /FSP is proposed to have a neo-
traditional neighborhood design concept similar to The Villages of Wesmere. These include on- street parallel
parking, park muse, reduced setback requirements and residential lots with rear loading alleys. The subdivision
is proposed to be gated with the residential streets and alleyways been owned and maintained by the
homeowners association. The minimum residential lot standards are (24) 50 feet by 110 feet and (55) 40 feet by
78 feet. This residential development is proposed to be constructed in one (l) phase.
City Planner Rumer gave a brief summary of the Spring Lake Reserve PUD —
Preliminary /Final Subdivision Plan. The Preliminary /Final Subdivision Plan (PSP /FSP) is a
residential subdivision that proposes a total of 79 single- family detached residential lots with a
requested net density of 4.52 units per acre. The PUD was approved for 99 lots; therefore, the net
density and overall development impact is less than what was anticipated in the PUD Land Use
Plan. The subdivision is proposed to be gated with the residential streets and alleyways being
owned and maintained by the homeowners association. The minimum residential lot standards
are (24) 50 feet by 110 feet and (5 5) 40 feet by 78 feet.
Mayor Pro Tem Johnson opened the public hearing.
Richard Wohlfarth, applicant, thanked City staff and said he is available to answer any
questions.
R.P. Mohnacky, 1820 Prairie Lake Blvd., said he was wondering if the lot sizes could be
explained. City Planner Rumer explained the PSP /FSP is proposed to have a neo- traditional
neighborhood design concept similar to The Villages of Wesmere. The property will have about
an 8 -foot front setback, as well as, a 5 -foot side setback. Further discussion ensued.
Mayor Pro Tem Johnson closed the public hearing.
Commissioner Wilsen thanked the applicant for working with the surrounding neighbors in this
district.
Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve
Spring Lake Reserve PUD — Preliminary /Final Subdivision Plan per staff's
recommendation. Motion carried 4 -0 with Mayor Vandergrift absent.
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10. Iglesia Cristiana Sendero De Luz — ' Special Exception. (Advertised in the West Orange Times on
Thursday, June 19, 2014). (City Planner Rumer)
The subject property received an approved site plan (First Spanish Assembly of God) in 2002. The master plan
included three phases. Phase one included a sanctuary, associated parking, and stormwater improvements.
Phase two includes a future sanctuary addition and classroom space. Phase three provided for additional
parking. The application for Special Exception is to amend the existing church master plan. The church
obtained three portables for additional classroom space. Per the special exception plan, the applicant is
requesting to phase the development.
City Planner Rumer gave a brief summary of the Special Exception request. The application for
Special Exception is to amend the existing church master plan and allow three portables for
additional classroom space for a period of seven years. The property is located on the east side of
Ocoee Apopka Road, 350 feet north of the intersection of Silver Star Road and Ocoee Apopka
Road.
Mayor Pro Tem Johnson opened the public hearing.
Kenneth Leeming, applicant, said they have reviewed the staff report and are in agreement with
staff's comments to have the portables permitted for a period of seven years with an option for a
three year extension.
Mayor Pro Tem Johnson closed the public hearing.
Commissioner Grogan inquired if the portables would be used for schoolrooms. Mr. Leeming
advised they would be used for bible study and classroom space. Commissioner Grogan
confirmed that the portables are not going to be used for residents or overnight stay. Mr.
Leeming answered affirmatively. Commissioner Wilsen inquired if they will be used for a
school. Mr. Leeming said it is currently for church related classroom space but there may be
some school activities in the future which would have to be approved by the City.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Iglesia Cristiana Sendero De Luz — Special Exception per staff's recommendation.
Motion carried 4 -0 with Mayor Vandergrift absent.
11. 19` Joint Planning Area Agreement Amendment. (Advertised in the West Orange Times on
Thursday, June 19, 2014. This item is being postponed indefinitely. It will be re- advertised, posted and notices
sent out when it is rescheduled). (City Planner Rumer)
City Planner Rumer advised this item has been postponed but it will need to be opened since it
was advertised as a public hearing.
Mayor Pro Tem Johnson opened the public hearing. As no one wished to speak the public
hearing was closed.
Commissioner Keller, seconded by Commissioner Wilsen, moved to postpone the
19 JPA Agreement Amendment indefinitely. Motion carried 4 -0 with Mayor
Vandergrift absent.
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12. Acceptance of an Offer to -Buy City- owned Property on South Bluford Avenue.
(Advertised in the Orlando Sentinel on Sunday, June 22, 2014). (Support Services Director Butler)
At its April 15, 2014, meeting, the City Commission accepted an initial offer from Mr. Satish Somwaru of Help
My Auto, LLC, subject to certain terms and conditions, to purchase city property located on South Bluford
Avenue. Mr. Somwaru's interest in the property was for construction of a high -end automotive repair facility.
Among the imposed conditions are: (1) delivery of an appraisal of the property acceptable to the City; and (2)
subsequent revision of the offered purchase price to meet or exceed the appraised value. Mr. Sornwaru had 60
days from the date of the City Commission meeting, or until June 16, 2014, to provide the appraisal; this due
date was subsequently extended by the City Commission. Once the appraisal was provided to the City, Mr.
Somwaru then had 10 days to modify his offer to be at least as much as the appraised value. Alternatively, he
could withdraw his offer.
Mr. Somwaru provided the appraisal, which showed a market value of $121,000, whereupon he modified his
purchase price to $121,000. Closing details have not been proposed.
Support Services Director Butler briefly explained that Mr. Somwaru was required to secure
an appraisal, pursuant to direction from the Commission, for the city property he was interested
in purchasing. Mr. Somwaru provided the appraisal, which showed a market value of $121,000
and the City accepted it. The offer by Mr. Somwaru has now been modified to the purchase price
of $121,000. Staff recommends the City Commission accept the offer and authorize the City
Manager and City Attorney to make the final negotiations regarding closing costs and complete
the transfer of ownership.
Support Services Director Butler advised they have all the documentation ready and their next
step is to go through an interactive process of working with the City Planner, City Engineer, and
Public Works to come up with the best plan on utilizing the site in concert with Mr. Somwaru's
Design Engineer and Architect.
Mayor Pro Tem Johnson opened the public hearing.
Bruni Massa, 611 E. Lakeshore Drive, inquired how big the property was. Support Services
Director Butler shared that it is a little over an acre in size located along South Bluford across
from Quality Vaults.
Mayor Pro Tem Johnson closed the public hearing.
Mayor Pro Tem Johnson inquired from Mr. Somwaru if he has had any other discussions with
the business owners in the plaza next door that also came to the Commission meeting when this
was originally discussed. Mr. Somwaru said he tried to best come up with a solution with the
civil engineer and architect but what is being requested by the owners in the plaza, which is a
place to turn around a semi - truck, will require too much dedicated space to work with his
concept. He is, however, still trying to work with them.
Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve
the acceptance of the offer by Mr. Somwaru to buy City -owned property on South
Bluford at a price of $121,000, and authorize the City Manager and City Attornev
to make the final negotiations regarding closing costs and complete the transfer
of ownership in a timely manner. Motion carried 4 -0 with Mayor Vandergrift
absent.
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H. REGULAR AGENDA - None
I. STAFF ACTION ITEMS- None
J. COMMENTS FROM COMMISSIONERS
Commissioner Keller — stated that Remington Oaks would like to put in an 8 -foot fence by their
pool and recreation area. It backs up to a retention pond and Hackney Prairie Park. They are
having issues with people from the park getting into their pool area. City Manager Frank
asked that they get with City Planner Rumer and Parks and Recreation Director Hayes to come
up with a solution for that issue.
Commissioner Wilsen — None
Commissioner Grogan — None
Mayor Pro Tem Johnson — said that the 1964 Ocoee High School graduating class is having
their 50"' Reunion. Commissioner Johnson asked if they could use the Ison Center and waive the
fee; he advised he would take responsibility for any damages in lieu of a security fee.
Commissioner Keller, seconded by Commissioner Wilsen, made a motion to
waive fees for Ocoee Class of 64 to use Ison Center on September 27, 2014, for
their W High School Reunion. Motion carried 4 -0 with Mayor Vandergrift absent.
ADJOURNMENT
Meeting adjourned at 8:05p.m.
APPROVED:
Attest:
Beth Eikenberry, City Clerk
City of Ocoee
S. Scott Vandergrift, Mayor
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