Loading...
HomeMy WebLinkAboutItem #01 Approval of Minutes ITEM #1 4/18/06 Agenda MINUTES OCOEE CITY COMMISSION April 4, 2006 at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers of City Hall. eommissioner Anderson gave the Invocation and Girl Scout Troop 966 led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Hood, Commissioner Johnson, and Commissioner Keller. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS Presentation - Girl Scout Troup 966 - Troup Leader Leslie North and Girl Scout Ann Wilsen explained how they are striving to receive the Gold Award, the highest award in scouting which involves leadership and community service. They are currently working on a service project by placing a computer lab in the Christian Service Center in Ocoee, which will allow the kids from the Kids Focus program to play games and increase their reading and math skills. They asked if anyone would like to donate any computers, books or games. Please call 407-295- 5126. Bill Chambers, Athletic Director at Ocoee High School, advised of the Golf Tournament on May 27, 2006, to raise funds for the athletic department. Contact 407-905-3006 for more information. Thanked the Commission for the grant money donated to build the wall for the LaCrosse team. Commissioner Hood. seconded bv Commissioner Anderson. moved to sponsor a four-man team for the Ocoee Hiah School Fund-raiser Golf Tournament on Saturday. May 27. 2006. and allow City employees to participate. Motion carried 4-0. with Commissioner Johnson absent. Chief Goclon introduced one of the two new motorcycles purchased by the Police Department. He advised it is a 2006 Harley Davidson Road King, the first two in the history of the Ocoee Police Department. Funding was received through the Local Law Enforcement Block Grant, with a match from the City. They will be used in problem traffic areas that cannot be enforced with regular vehicles. Proclamations - (Mayor Vandergrift) · Water Conservation Month - April 2006 · Crime Victim's Week - April 23-29, 2006 I C. COMMENTS FROM CITIZENS/PUBLIC None City Commission Regular Meeting April 4, 2006 I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Hood - 1) Announced the Easter Egg Hunt, April 15, 2006, at the Jim Beech Center, 2) announced the Bike Safety Ride on the West Orange Trail on May 6,2006, which is a joint effort of the Ocoee and Winter Garden Police Dep,artments; it will start at 9:00 a.m. at Ocoee High School 3) announced the Founder's Day Meeting, April 13, 2006, at 6:30 p.m. in the City Commission Chambers; contact Debbie Gallo in Parks and Recreation for more information, 4) reminded residents of Spring Clean Up for Bulk Garbage Pick up, coming up on April 8th for Monday/Thursday garbage collection customers and April 15th for Tuesday/Friday garbage collection customers, 5) announced the Junior Varsity and Varsity Baseball games this Saturday at Ocoee High School. Commissioner Anderson- asked Public Works Director Zaitooni to clarify why the landscaping is being done on Clarke Road between White Road and Silverstar Road in response to some correspondence he received. Public Works Director Zaitotmi advised that the Commission approved the allocation of $20,000 toward this landscaping project in March 2005, when there was money left over from the Clarke Road paving project. Commissioner Keller 1) congratulated the forty-nine students from Ocoee High School who were inducted into the National Honor Society, and 2) reminded everyone in District 2 to get out and vote on April 11, 2006, for the run-off election; he said we are sending people overseas to help fight for free democracy, and sometimes ignore the right here at home. Commissioner Vandergrift congratulated the Florida Gators for their success in the National College Basketball Championship. I E. CONSENT AGENDA 2. Approval..of.AppoiIitlIleIit. to..$dllcation.. (JolIllllissiQp.... ...((]itY..(]lel'){Ei){eIilJ~rl'Y) Members of the Education Commission serve two-year terms. Currently the Education Commission has eleven (11) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Mr. Mike Godek with interest in serving on the board. If appointed to the Education Commission Mike Godek will serve a term ending August 2008. A.pproval aseof All AerprifitS Accoul'lt. (0 I Gclo An automated fingerprint system would greatly reduce the time it takes to take fingerprints and the turn around time for fingerprint checks. The system can be used to print police applicants. The system could also be used for fingerprinting people who come into the station for fingerprints for various purposes, as well as for fingerprinting children and elderly adults to aid in missing persons investigations. It is recommended that the Honorable Mayor and Board of City Commissioners authorize the use of not more than $20,000.00 from the police forfeiture account to urchase an automated fin erprint scanner, com and related e ui ment. oliceC A playback system at each communications center radio position is vital to replay missed information from radio and telephone transmissions. Approximately two years ago, along with the rest of the agencies on the Orange County radio system, the Ocoee communications center upgraded its radio consoles. The console upgrade did not include new playback capability, so the playback system in use prior to the upgrade was re- Page 2 of9 City Commission Regular Meeting April 4, 2006 used. It is recommended that the Honorable Mayor and Board of City Commissioners authorize the use of not more than $4000.00 from the 9-1-1 account to purchase playback capability for the communications center radio consoles. val of C ait()()oi) Phase I Center Street 100-year retention pond is currently under construction and is scheduled for completion by May 11, 2006. The design of Phase II Center Street stormwater improvements is now complete and the construction phase was originally scheduled for in FY 2006-07 due to funding shortfall. Staff has determined that it is in the best interest of the City to construct as much Phase II improvements as funding allows by issuing a Change Order to the Phase I contract to Gibbs & Register, Inc. This action is necessary to (1) prevent potential erosion and damage caused by uncontrolled flooding to the pond currently under construction, (2) to realize costs and time savings by advancing a major portion of the Phase II improvements, and (3) avoid construction of temporary elements, which is usually necessary for multi-phased projects. Contractor has submitted a cost proposal for a net amount of $385,000 after a $59,694 credit for fill material sold by the City to the contractor from the Phase I pond and for pipes and inlets, which would become unnecessary if this Change Order is approved. The improvements under this Change Order includes all improvements as designed by PEC from Station 13+10 to Woodson Avenue as described on PEC's plans OE-393 with the exception of the asphalt avement, which will be constructed City's asphalt contractor. val Ion. In order to meet the needs of the City in construction of small projects, it is necessary to modify the terms of Contracts with the current contractors under Term Contract B05-08, Term Contract for Concrete Construction. The recommended changes are to (1) increase the maximum work order limit from current $80,000 per work order to $200,000 per work order, and (2) modify scope of work to include construction of stormwater systems, ponds, and streets repair and construction. The established work order ceiling is limiting the efficiency of use of the contracts for implementation of small projects throughout the City. The two (2) contractors under agreement are Gibbs & Register, Inc. and Tony's Construction Com an , Inc. 7 alof fiilding I Howard Gross of Sawmill HOA has made application to the City for a Special Events Permit for an Easter Egg Hunt that would require the temporary closing of a City owned street. The event will be held on April 8, 2006, from 9am - 12pm. The street to be closed is Sawmill Circle. Staff respectfully recommends approval with the following requirements: I) All residents that will be affected by the road blockage must be notified in advance; 2) Health Central Ambulance must be notified of the road closure in advance; 3) An emergency lane must be maintained at all times; and, 4) Roads must be blocked with proper barricades. 8. Approval to Purchase CIP Item in Excess of Budgeted Amount. (Utilities Director Smith) The 2005/2006 FY budget included the purchase of a portable generator for lift station back up in the amount of $23,000. Staff is recommending approval of the purchase of the portable generator from Zabatt Power Systems, which exceeds the budgeted amount by $521. 76. The purchase will be based on the City "piggybacking" on the City ofIndian Rocks 2005 purchase order. 9.A.pprova.lofC Hypochlol'ite.( I r ml Currently the City of Ocoee Reclamation Facility, Wastewater Treatment Plant, is scheduled per the City's Approved C.I.P. to convert the chlorine gas treatment system to liquid bleach (sodium hypochlorite) system. To accomplish this work the plant will need to install storage tanks for the bulk bleach and dispensing pump, remove existing gas equipment, and to contract for a supplier of bulk chlorine. For the conversion work, staff is recommending awarding the conversion work to Guardian Equipment, Inc. piggybacking off of Guardians contract with Seminole County in the amount of $43,449.50. Staff recommends that it procure liquid bleach needed for the remainder of fiscal year 2005/2006 from Odyssey piggybacking Odyssey contract with the City of Lake City in the not to exceed amount of $42,000.00. Page 3 of9 City Commission Regular Meeting April 4, 2006 Commissioner Hood. seconded bv Commissioner Anderson. moved to approve Consent Aaenda Items 1 throuah 9. as presented. Motion carried 4-0. with Commissioner Johnson absent. Commissioner Hood asked Chief Goc1on to advise where we are in the process of wireless reports. Chief Goclon advised they have been looking into joint communications venture with Winter Garden to purchase into their software program. They have also had discussions with Maitland and UCF regarding a private software venture. I F. PUBLIC HEARINGS 1O.HlldsouFlIl".. . reEx,pallsioll. (P Section on T. 23,200.6).( The owner of Hudson Furniture has submitted a Preliminary/Final Site Plan for a two-story building expansion to the existing furniture store. The subject property is approximately 1.67 acres in size and located in the Lake Bennet Centre subdivision. More particularly, the site is situated on the northwest corner of Kelton Avenue and State Road 50. The Site Plan will essentially allow for a building addition of 20,524 square feet to the existing 15,615 square feet building. This two-story commercial building will ultimately consist of a total of 36,139 square feet of floor area with a 45+/- feet high tower design. Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners approve the Preliminary/Final Site Plan for Hudson Furniture at Ocoee date stamped received by the City on February 24, 2006, subject to the Owner entering into a Development Agreement, providing a Restrictive Covenant and granting a Pedestrian, Sidewalk & Bike Path Easement. a. Preliminary/Final Site Plan b. Development Agreement Senior Planner Fabre gave a presentation. He advised the conditional waiver consists of the following deviation from LDC, Art. VI, Section 6-4, G, (6), (h): · The applicant is proposing construction of 47 parking spaces instead of 181 parking spaces. The Owner understands that this waiver will be revoked in the event (i) the City determines additional parking is required for the Property, or (ii) the Property is no longer occupied as a retail furniture store. A Parking Structure will be constructed in order to be consistent with the City's parking requirements. The applicant is also requesting the following waivers from LDC, Art. V, Table 5-2: · Increasing the Maximum Building Height of 45 feet to 55 feet 6 inches, only if the parking structure is required; · Increasing the Maximum Building Coverage of 30% to 35.82%; · Increasing the Maximum Building Coverage of 30% to 61.58%, only if the parking structure is required. Staff can support these waivers due in part to the off-setting public benefit of the pedestrian and bike path easement being dedicated to the City, that will be significantly expanded from the existing 25 feet. City Attorney Rosenthal explained that the additional parking will be only in the event of the change of use to the property for other than a furniture store, the Commission is being asked to grant a waiver. Page 4 of9 City Commission Regular Meeting April 4, 2006 The Preliminary/Final Site Plan was approved by the DRC and the Planning and Zoning Board, and staff also recommends approval subject to the Owner entering into a Development Agreement, a Restrictive Covenant and granting a Pedestrian, Sidewalk & Bike Path Easement. Mayor Vandergrift opened the Public Hearing Mitch Collins, Project Engineer, said he and Jim Graves of Hudson Furniture were there to answer any questions. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson asked about the long-term parking agreement. City Attorney Rosenthal said the circumstances are different from the agreement with Kane, as this relates to purely an issue of a waiver from the parking agreements. Staff first made the developer dernonstrate that the remaining land was feasible for meeting requirements of a multi-level structure should there be a change in use. The Developer could ask Commission terminate the restriction at a later date by either building the parking structure, or by demolishing the existing building. The Pedestrian, Sidewalk & Bike Path Easement will remain no matter what happens. Mavor Vanderarift. seconded bv Commissioner Keller. moved to approve the approve the Preliminary/Final Site Plan for Hudson Furniture at Ocoee. subiect to the Owner enterina into a Development Aareement. providina a Restrictive Covenant and arantina a Pedestrian. Sidewalk & Bike Path Easement. Motion carried 4-0. with Commissioner Johnson absent. I G. REGULAR AGENDA ORDINANCE FIRST READINGS 11. ~pprova.lof Ocoe ipa Heat"; fdrAprilJ8, 2006). Amendment to the General Employees' Pension Ordinance to allow an Early Retirement Option window for employees with more than 30 years of service. These employees will be entitled to a normal retirement amount based on their years of service at the present 2.5% multiplier. These employees would not be subject to the age penalty provision for retiring before age 60. Foster & Foster, the General Employees' Pension Actuary has stated it will cost $37,291 to fund this early retirement option window. The anticipated savings from replacing the employees, by hiring replacements at the minimum of their respective pay grades is $59,782. Therefore, the savings to the City after payment ($37,291) is made for the cost of the early retirement option window will be $22,491. eity Attorney Rosenthal read the title of the Ordinance. Human Resources Director Carnicella said that this Ordinance is being presented in conjunction with previous consensus of the Commission to allow for early retirement for four employees with more than thirty years with the City. an On September 21, 2004, the City Council adopted a resolution finding a certain defined area of the City of Ocoee had conditions of "blight" as that term is defined in the Community Redevelopment Act. The next steps in the process of redeveloping that area in accordance with the Act are: (i) create a Community Redevelopment Agency; (ii) adopt a redevelopment plan; and (iii) create a redevelopment trust fund and provide for the deposit therein of increment revenues attributed to the redevelopment area. The Redevelopment Act states that in a county that has adopted a home rule charter all redevelopment powers are vested in the county. A municipality located within such a county may exercise redevelopment powers under the Act only if the governing body of the county has delegated Page 5 of9 City Commission Regular Meeting April 4, 2006 those powers to the governing body of the city. ~ 163.400, Florida Statutes. Orange County had adopted a home rule charter. On March 21,2006, the Orange County Board of County Commissioners unanimously approved the CRA Resolution, and an Interlocal Agreement with the City of Ocoee delegating authority for creating and managing a community redevelopment agency to the City. The attached ordinance officially creates the Community Redevelopment Agency(CRA). The Agency will be governed by a board made up of the five City Commissioners and two appointed members. The City has agreed in the Interlocal Agreement to appoint one member to the CRA Board that the Orange County Board of County Commissioners nominates. Once the Ordinance is enacted the next steps will be to adopt a redevelopment plan and to create a redevelopment trust fund. City Attorney Rosenthal read the title of the Ordinance. sioll. andDirtlctiollRe:Lady ZJ~itooni) The current year budget includes a project to construct effective traffic calming counter-measures to combat speeding on Lady Avenue, from Wurst Road to Nicole Boulevard. Staff conducted a public meeting with interested Lady Avenue residents on March 8, 2006, to discuss the potential improvements and alternatives. Public Works Director Zaitooni gave a presentation on the proposed traffic calming improvements in the area of Lady A venue. He said that he received input from residents during neighborhood meeting on March 8, 2006. He showed a map of the area suggesting three median chokers, three speed tables, and a traffic circle at Lady Avenue and Ursula Street. He said with this plan, and including irrigation of the median chokers and traffic circle, they should be able to stay within the $50,000 budget. He said this will calm traffic and as well as beautify the area. Commissioner Keller asked if the speed tables would be a problem for emergency vehicles, and Public Works Director Zaitooni advised we have several others located throughout the City and emergency vehicles easily traverse them. Commissioner Anderson asked if the grade of the road was too steep for the one speed table on Lady Avenue, and Public Works Director Zaitooni advised it should be fine where it is because the grade does not get real steep until you are closer to Nicole Street. R.P. Monacky, 1808 Prairie Lake Blvd., asked why we haven't considered cameras instead of traffic calming, and Public Works Director Zaitooni advised that the cameras will cost just as much and will not help to beautify the neighborhood. He added that fines are not enforceable with the use of cameras, only warnings. Public Works Director Zaitooni advised that there was no motion needed from the Commission; this was a budgeted project. We will be placing this information on the website for further resident's comments over the next ten days, and will then they will be moving forward. a. Reappointments to the Planning & Zoning Commission. The three-year term of Darlene Rhodus and Jim Sills of the Planning and Zoning Commission have expired. Ms. Rhodus and Mr. Sills have indicated they are willing to serve another three year-term ending February 2009, if reappointed. Ms. Rhodus has attended 17 out of 23 meetings during his current term beginning February 2003. Mr. Sills has attended 21 out of23 meeting during his current term beginning February 2003. Commissioner Keller, seconded by Commissioner Hood, moved to reappoint board members Rhodus and Sills to the Plannina and Zonina Commission for a three year term, which shall expire in February 2009. Motion carried 3-0, with Commissioner Johnson absent and Mayor Vanderarift away from the dais. Page 6 of9 City Commission Regular Meeting April 4, 2006 b. Appointment to the Planning & Zoning Commission left vacant by Joel Keller. On February 9, 1999, Ordinance No. 99-09, was adopted requiring nine (9) members that must be City residents for the Planning and Zoning Commission and five members are needed to meet the quorum requirement. Due to the election of Joel Keller to the City Commission, he resigned from the Planning and Zoning Commission causing one vacant position on the board with term ending February 2008. The board currently consists of eight (8) regular members. Three (3) applications were received with interest in serving on this board. Staff recommends that the Honorable Mayor and City Commissioners appoint either Teska Dillard, Shelly Simon, or Conrad Taylor to the Planning & Zoning Commission. Commissioner Keller, seconded by Mayor Vanderarift, moved to appoint Teska Dillard to the Plannina and Zonina Commission for a three-year term, which shall expire in February 2009. Motion carried 4-0, with Commissioner Johnson absent. I H. STAFF REPORTS I City Manager Frank advised that the position of Police Chief is now being advertised. Chief Goc1on has recommended a Deputy Police Chief in the organizational structure, and has requested that he be appointed to that position. Mr. Frank said supports the Chiefs assessments that the shift in positions won't negatively impact the department operations. The position will be brought forward in the mid-year budget. There is a statewide search being done at this time, and it is also listed in trade magazines. Mayor Vandergrift reminded the Commission and City Manager that police certification is done by state, and bringing someone in from out-of-state would require them to re-certify in the state of Florida. He also asked that the CACOPD Board is involved in the process, to the extent that there is a reception for the top three candidates. Assistant City Manager Croteau advised that the second reading of the Ordinance to create the CRA and the Board will be on April 18, 2006. She said we will need to move forward quickly so that everything can be in place by July 1, 2006. We still need to approve the redevelopment plan and set up the trust fund. We will need to hold a CRA board meeting, before the end of April, possible April 25, 2006, in order to get the CRA Redevelopment Plan to the P & Z Commission and back to the County Commission. Consensus of the Commission is to have Executive Assistant Cowan coordinate with all of the Commissioners to oraanize a meetina date. Community Development Director Wagner said we have had a request from a developer to build an age-restricted community in Ocoee. He said the School Board is requiring developers to enter into Capacity Enhancement Agreements, which are designed to raise funds for the School Board over and above the school impact fees. It is intended to provide additional money in areas where there is not sufficient school capacity today, so that the School Board can immediately buy portables or expand the school. We have a developer who is proposing to annex into the City, on McCormick Road near the new Morrison Homes Subdivision-Kensington Park (the continuation of Clarke Road). The developer agrees to pay the school impact fee and capacity enhancement fee, but the assigned school in that area, Clarcona School, which is so drastically over capacity that he can't get a Capacity Enhancement Agreement from the School Board. He is proposing to age-restrict his community to 55 and over, and the School Board has no problem with that as long as they are willing to pay the school impact fees and place a restrictive covenant on the project for the age-restriction. This is being done in Lake County on a larger scale. Mr. Wagner summed up by saying he does not feel it is a bad thing on such a small-scale project, Page 7 of9 City Commission Regular Meeting April 4, 2006 approximately 130 lots, and he is asking for input from the Commission. He said they have been working with the Beazer Homes (Arden Park) on a site immediately south of this one, to sell that site to the School Board, and other than working out some details, that sale appears to be imminent. He also added an update on schools being built; the middle school on Ingram scheduled for 2008, Thornebrooke Relief School is scheduled for 2008, and we are pushing the School Board to get another elementary school on the Coke property. The consensus of the Commission was that they had no obiection to an aae- restricted community in the City of Ocoee. I I. COMMENTS FROM COMMISSIONERS Commissioner Hood 1) asked when we are due to have another Charter Review Board. City Attorney Rosenthal advised that we have a provision in the Charter that addresses this issue, there is a requirement to have a review every ten years, but it allows for interim reviews as well. He said he would get with City Clerk Eikenberry and determine when the next review is required, and what the parameters of the Charter are. We will bring it back to the next commission Meeting. 2) thanked Code Enforcement for handling the situation with roofers working on Sundays in the the Westyn Bay and Forestbrooke subdivisions, 3) thanked staff for pressure washing and landscaping at the Vignetti Center, 4) thanked Parks and Recreation Director Petrone for following up on the basketball courts, and the paved road into the Sorenson Complex, 5) asked when the Jamela water tower is coming down, or at least get the fence down that is in disrepair. City Manager Frank said he will have Utilities Director Smith give you a more definite answer, but it should be within the next year. He will have staff look at the fence issue in the meantime, 6) asked about reclaimed water going to the ball parks, because with the lack of rain the fields are in terrible condition at this time of the year. City Manager Frank said he will have Utilities Director Smith look at the cost feasibility, 7) reminded everyone of the Golf Tournament benefiting the Ocoee High School Athletic Dept. on May 27, 2006. 8) said need better participation in the Ocoee High School Booster Club, the next meeting is tomorrow at 6:00 p.m. Commissioner Anderson 1) asked if the street sweeping schedule is on the website; Public Works Director Zaitooni said we would like to wait until we revise that schedule so the new information will be on the website, 2) read an email from resident Larry Cox, 137 Lafayette, asking about the progress on Lakeshore Drive; Public Works Director Zaitooni advised the survey is complete, we are in the process of obtaining permits from DEP and St. Johns Water Management; work will begin on the south end, from Lafayette to Oakland next month, and the north end will be later in the year. Commissioner Keller- reminded everyone in District 2 to get out and vote in the run-off on April 11, 2006. Mayor Vandergrift- advised everyone of the Annual Golf Tournament for Autism on May 12, 2006 at the Crooked Cat Golf course at 7:00 a.m. benefiting the autism program held at the Beech Center, 2) read an email from Angela Roselle, 300 Phyllis Street, asked staff to look at traffic enforcement and signage for the intersection of Wurst Road and Phyllis Street, because getting on to West Road is difficult, 3) said the Safety Spring Fling put on by the Child protection Recommendation Committee on March 25th was very successful, attended by 500-600 people, and they will bring back a report at the next Commission meeting, and 4) said we received a call from Janet Shira requesting clarification on the Clarke Road Landscaping issue. Page 8 of9 City Commission Regular Meeting April 4, 2006 Public Works Director Zaitooni advised that the CIP shows that the landscaping was scheduled for 2008-2009, however, as stated earlier tonight under Commission Announcements, in March 2005 the Commission diverted some funds to complete that project earlier, when a savings was realized on the Clarke Road paving project. Janet Shira, 522 Whiskey Creek Court, said she was present when Commissioner Anderson said the project would be done this year, and it conflicted with what she had seen in the CIP. She contacted David Wheeler, and he confirmed that it was scheduled for 200812009. She said the current CIP should have reflected the change, and the staff in charge of the CIP should have known about the change. Public Works Director Zaitooni apologized for the inconvenience, and advised he did not inform Mr. Wheeler of that change, and the CIP is a "work in progress" and constantly changes based on revenues, cost overrides, and other factors. Ms. Shira asked that any changes to the CIP be noted in the documents that are made available to the public, so they are kept informed, and 5) Mayor Vandergrift offered condolences to Commissioner Johnson for the loss in his family. I ADJOURNMENT The meeting was adjourned at 8:50 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 9 of9