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HomeMy WebLinkAbout09-19-06 Minutes MINUTES OCOEE CITY COMMISSION September 19,2006, 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. Commissioner Keller gave the Invocation and City Attorney Rosenthal led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Mayor Vandergrift, Commissioner Hood, Commissioner Anderson, Commissioner Johnson (absent), and Commissioner Keller. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS Presentation - American Legion Post 63 Winter Garden to Present Sgt. Steve McCosker with the 2006 Law Officer of the Year Award. Presentation - CACOFD to Present Lt. Joe Moy with the First Firefighter of the Quarter Award - Mark Scalzo, Chairman of the CACOFD. I C. COMMENTS FROM CITIZENS/PUBLIC James Fleming, 511 Orange Avenue- asked for clarification on the billing for vacant properties. He said he does not feel residents, including his mother, should be paying for any service they are not receiving. Commissioner Anderson said he feels properties with a plan to renovate should not receive a bill that is the same as vacant properties. Commissioner Hood suggested if we do that we should consider a time frame for how long someone can be renovating. City Manager Frank said we would have to bring back an ordinance to reconsider the way vacant properties are assessed prior to next year's tax roll or earlier if the Commission wishes. Chris Anti-asked about the Center Street speed humps and Commissioner Anderson advised it is part of the overall Center Street repaving project, 2) he asked about the fire hydrant at the corner of Woodson and Center, the 4-inch connection is 3 inches off the ground. Acting Fire chief McNeil advised they will check it in the morning, and 4) asked about getting fencing around the retention pond at Center Street. Public Works Director Krug said there are no plans at this time to fence it, but he will check it out. He added the grass cutting there will be on a regular rotation very soon. Bruni Masa, 611 East Lakeshore Drive, 1) asked the City to do something about the tall weeds around the park bench on Orlando Avenue, just west of Sleepy Harbor, Mayor Vandergrift advised we are changing mowing companies and many of these mowing issues will be taken care of shortly 2) she said the south side of Orlando Avenue needs to be mowed all the way down to the lake, 3) asked if there can be a load limit sign placed on Orlando Avenue, and Public Works Director Krug will look into it, 4) asked about a no-wake zone behind the homes in Sleepy Harbor because it is dangerous and causing shore erosion, 5) asked about police patrol of the Lakes, Commissioner Anderson advised that we now have an officer on a jet ski who is doing an excellent job enforcing water safety issues, and the Mayor said the law states they must stay City Commission Regular September 19,2006 200' from the shoreline, 6) asked about the cattails on Lake Prima Vista, and she was advised that staff will check out the problem in that drainage area. Mayor Vandergrift added at the corner in front of City Hall, they mow around the light pole and leave 40 feet of tall weeds between there and the recording studio land. Commissioner Anderson said that maybe we should look into grant programs, etc. to place buoys around the lake shore area. R.P Monacky, 1820 Prairie Lake Blvd.-asked how much items can hang out of trash bin. Public Works Director Krug said he will get back to him. Danny Howell, 895 Marlene Drive, 1) asked about the work on Lady A venue, and Public Works Director Krug advised the island is being completed and then the brick will be done, 2) asked about cleanup of the easement behind the fence on his property. City Manager Frank said he will check on that specific location, but he believes that the property is the responsibility of the homeowner because it is just a utility easement there as opposed to a City Right of Way. Mr. Howell said he will call the City Manager for an update. I D. COMMISSIONERS ANNOUNCEMENTS Richard T. Crotty Annual Scholarship and Volunteers Award Dinner. Vandergrift) Consensus of the Commission (under Commission Comments) to brina back on the next aaenda. Commissioner Keller 1) announced that West Orange High School will have a Field rededication this Friday at 6:00 p.m. Commissioner Anderson 1) asked for clarification on the bulky waste pick up. Assistant Public Works Director Elliott advised that residents should place bulky waste out on their first regularly scheduled pick up day each month. He asked that bulky waste pick up information be placed in OGTV, the website, and the Newsletter. 2) said he had an email asking when the mowing around Starke Lake will occur. Public Works Director Krug advised he will be driving around with GroundTek tomorrow to point out specific areas, and that the Starke Lake area will definitely be done before Founder's Day. Commissioner Hood-none Mayor Vandergrift- introduced Rachel Purdy and Michelle Collins from UCF who are working on a class project and would like to interview Commissioners after the meeting. I (Mayor Break: 9:30 - 9:46 p.m. I E. CONSENT AGENDA Approved on Consent. Motion Carried 3-0 with Commissioner Johnson absent and Mayor Vanderarift away from the dais. Trustees for the Pension Boards serve two-year terms. The City Commission appoints two of the trustees, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and presented to the Page 2 of9 City Commission Regular September 19, 2006 City Commission for certification of the appointment as a ministerial act. Trustee Hendrix has indicated he is willing to serve another term if appointed. At this time no other applications were received for serving on this board. Approved on Consent. Motion Carried 3-0 with Commissioner Johnson absent and Mayor Vanderarift away from the dais. Revenues are being collected as anticipated for all funds. Expenditures are being closely monitored and are within expected ranges. Staff continues to look for new ways to increase revenues and/or reduce expenditures without compromising the levels of service to the community. The report summarizes financial activity for the period April 2006 through June 2006. Approved on Consent. Motion Carried 3-0 with Commissioner Johnson absent and Mayor Vanderarift away from the dais. The Ocoee Lion's Club has submitted a Beer and Wine Special Event Permit Application for the purpose of selling beer and wine at the Founder's Day Celebration on Friday, October 20th and Saturday, October 21st of 2006. Approved on Consent. Motion Carried 3-0 with Commissioner Johnson absent and Mayor Vanderarift away from the dais. Chapter 124-2 of the City ofOcoee Code of Ordinances provides that City ofOcoee recreational property shall be open to the public during such times as may from time-to-time be established by the City Commission. To preserve peace and help prevent crime, a resolution establishing City of Ocoee recreational property hours to be open from 7:00AM to 11:00PM, except where otherwise provided in Section 124, is recommended. City Attorney Rosenthal read the title of the resolution. Adopted on Consent. Motion Carried 3-0 with Commissioner Johnson absent and Mayor Vanderarift away from the dais. City Attorney Rosenthal read the title of the ordinance. The resolution as adopted carries the following title: RESOLUTION NO. 2006-012 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING CITY OF OCOEE RECREATIONAL PROPERTY HOURS AND PROVIDING AN EFFECTIVE DATE. The Annexation and Development Agreement for Ocoee Commons PUD was approved by the City Commission on March 18,2003. Section 10, Road Impact Fees states, "The Developer is obligated to construct certain improvements to Blackwood Avenue in order to mitigate traffic impacts of the commercial and multi- family portions of the Property. The Developer has agreed to commence construction of the Blackwood A venue improvements at the time of development of the single-family portion of the Property. In consideration for the acceleration of construction of the Blackwood A venue improvements and provided that the improvements to Blackwood Avenue as set forth in the Land Use Plan are commenced with the commencement Page 3 of9 City Commission Regular September 19, 2006 of construction of the subdivision infrastructure for the first to develop of Tract "A" or Tract "B" on the Land Use Plan and completed within one (1) year of commencement, the Developer shall be entitled to receive City of Ocoee road impact fee credits in the amount of $150,000.00 upon issuance of a Certificate of Completion for the Blackwood Avenue improvements. The Developer, Ocoee Commons, LLC, applied for their building permits prior to having completed the road improvements, and on May 17, 2005, paid Road Impact Fees of $235,315.41 to the City, which was $150,000.00 more than the $85,315.41 which they would have owed had they been able to apply for their credits at that time. On September 21, 2004, the Developer commenced construction, and on August 10, 2006, the City issued the Certificate of Completion, which exceeded the one- year deadline. Ocoee Commons, LLC has requested that the City refund the $150,000.00, in accordance with the Development Agreement. Approved on Consent. Motion Carried 3-0 with Commissioner Johnson absent and Mayor Vanderarift away from the dais. Change Order No.5 includes four areas of adjustments to the overall project: 1) additional items of new construction in the roadway portion; 2) adjustment of quantities in the roadway portion; 3) adjustment of quantities in the Ocoee Utilities portion; and 4) adjustment of quantities in the Orange County Utilities portion. The last three portions are to final the project. The road widening project is being performed under a JP A Agreement between the City of Ocoee and Orange County and the funding is spelled out in that agreement. The proportionate shares for the roadway portion of the project are 66.43% Orange County and 33.57% for Ocoee. The Ocoee Utilities portion is paid 100% by Ocoee and the Orange County Utilities portion is paid 100% by Orange County. The amount of the change order is an increase of $169,746.16, with no adjustment in contract time. Approved on Consent. Motion Carried 3-0 with Commissioner Johnson absent and Mayor Vanderarift away from the dais. The City Commission authorized an expenditure of up to $53,989.80 for the firm of Miller Legg, Inc. (nee Ivey, Harris & Walls, Inc.) to perform engineering design and related services for the construction of reclaimed water lines in The Reserve and Reflections subdivisions at its regularly scheduled meeting of June 15, 1999. That work was suspended after all but $15,453.59 of the authorized amount had been expended. The remaining funds were not encumbered at that time and, even if they had been, would have lapsed after three years of inactivity. The funds were returned to the bond proceeds account. City Commission authorization is required to reallocate the $15,453.59 remaining from 1999 and authorize an additional $11,097.41 to encumber the total funding required of $26,551 for the work to be completed by Miller Legg. City Commission authorization is required because the total amount exceeds the City Manager's authorization limit of $25,000 and Miller Legg is not one of the engineering firms with which the City has a continuing relationship; however, they are the engineer of record. Construction plans will need to be updated to reflect changes since the project was suspended in 1999 and to complete the preparation of design bidding plans and specifications. Approved on Consent. Motion Carried 3-0 with Commissioner Johnson absent and Mayor Vanderarift away from the dais. Commissioner Hood, seconded by Commissioner Keller, moved to approve Consent Aaenda Items 1 throuah 8 as presented, includina Resolution 2006-012 under Item #5. Motion Carried 3-0 with Commissioner Johnson absent and Mayor Vanderarift away from the dais. Page 4 of9 City Commission Regular September 19, 2006 I F. PUBLIC HEARINGS In 2005, several members of the City Commission brought to staff's attention concerns regarding fence and front yard parking problems in residential areas. Staff researched these issues and conducted an inventory of the Land Development Code and City Code of Ordinances to determine if future amendments were necessary to correct these problems. On August 16, 2005, staff presented a summary of findings to the City Commission for recommended action. That presentation related to canopy covered parking structures, boats, RVs, and campers parked in front yards, parked vehicles overhanging sidewalks in residential neighborhoods, parallel street parking in the grassed easement between the street and sidewalk, the placement of mechanical equipment on comer lots, front yard parking, conversions of garages to living space, and fences in front and side yards. Staff has drafted an ordinance proposing amendments to the Land Development Code and the Code of Ordinances per the direction of the City Commission regarding issues of concern in residential areas. On August 8, 2006, the Planning & Zoning Commission voted unanimously to recommend approval of the proposed amendments to the Land Development Code and City Code of Ordinances. Community Development Director Wagner gave a PowerPoint presentation and showed pictures of issues that are being addressed in the proposed ordinance for Residential Front Yard Regulations. The following residents spoke about areas of concern in the proposed ordinance: Mayor Vandergrift opened the Public Hearing. Dennis Herald (Mayor read email) Rita Wilkenson-504 Spring Lake Circle Linda Lucera-501 Spring Lake Circle Danny Howell-895 Marlene Drive Mark Anthony Hall, 908 Center Street Sheila Brammer, 503 Spring Lake Circle James Flemming, 511 Orange Avenue Chris Anti, 885 Center Street Terry Bryan, 2005 Lauren Beth Avenue Mayor Vandergrift closed the Public Hearing Commissioner Keller said he would like to 1) consider making the Spring Lake Circle Residents exempt, 2) allow all commercial vehicles under a certain tonnage to park in the front of a residence, even if it has the business name, and 3) look into practical answers for the older Ocoee area with smaller homes, lots, and streets such as the percentage of the lot that is allowed to be impervious. Community Development Director Wagner advised that the weight of a vehicle is considered, the current code defines a commercial vehicle as one over 1.5 tons. He also stated that impervious is defined as rock or stone, but not mulch, because rock or stone can compress and become impenetrable over time. Commissioner Hood said he feels we should table the discussion for tonight and hold an advertised workshop or special session. He thinks that many people who are not represented in the audience will have similar issues. Public Comment: Angela Roselle and Katrina Kirkland, 300 and 304 Phyllis Street. (Mayor read email) Commissioner Anderson said he would like to address the following 1) said he agrees with Commissioner Keller regarding percentage of area that can be impervious, 2) believes we need a Page 5 of9 City Commission Regular September 19, 2006 workshop on this, 3) feels that we should consider a provision in Section 6-4H(5) regarding unpaved driveways, so that residents are not driving over curbs and sidewalks, etc. It is difficult to please everyone; we can look at Codes from other cities to compare those types of provisions, 5) feels that variance costs should be lowered so it won't be cost-prohibitive, 6) agrees that Spring Lake should be exempt, 7) need to look into areas without sidewalks where children are forced to walk on the road, which could be affected by some of these issues, 8) look into options for percentages of impervious area in front and back yards to balance it out, 9) thinks Commission should consider that tow trucks may emergency vehicles City Attorney Rosenthal said the issue can be tabled until there is a motion to bring it back; it can be continued to a time certain, which would not have to be re-advertised; or you can deny it and start the whole process over, including the P & Z Board. Commissioner Hood said he doesn't think it should matter what other cities are doing, we need to do what is right for the unique areas of Ocoee. Mayor Vandergrift said we need to consider reducing the charges to apply for a variance because everything being discussed tonight would fall under variance requests. City Attorney Rosenthal said our fees were established by resolution, and it would have to be amended. He added that granting of a variance would mean that the applicant was subject to a hardship unique to their property. The ideal situation would be to write the ordinance in such a way would that there would not be a need for several variances. Mayor Vandergrift said he feels the Board of Adjustment is a means to add reasonableness to government and make people accountable to their neighbor through the process. Community Development Director Wagner said the Commission may want to consider passing all of those items in the Ordinance that are not controversial, and only revisit those that need further discussion. Commissioner Anderson, seconded by Commissioner Hood, moved to have staff coordinate a ioint meetinCl with the Commission and the Plannina and Zonina Board sometime in Mid-January or February to review the Ordinance. Motion carried 4-0, with Commissioner Johnson absent. A. Amendment to the Commercial and Multi-Family Solid Waste Collection Franchise Agreement The City has reached the end of the term for the Commercial and Multi-Family Solid Waste Collection Franchise Agreement with the current franchisee, Veolia ES Solid Waste Southeast, Inc. (formerly know as Onyx). The two (2) year extension to Veolia's contract allowed for renegotiation of rates to continue service. The amendment to the Commercial and Multi-Family Solid Waste Collection Agreement will maintain service to customers and allow the City to determine if said service should be brought in-house or solicit new proposals to continue contracting with outside vendors. The proposed amendment includes a monthly fuel adjustment surcharge and early termination clause. Staff recommends approval of the amendment to the Commercial and Multi-Family Solid Waste Collection Franchise Agreement with Veolia ES Solid Waste Southeast, Inc., for a 24-month term that includes a monthly fuel adjustment surcharge and early termination clause. Page 6 of9 City Commission Regular September 19, 2006 B. Resolution Establishing New Rates for Commercial and Multi-family Solid Waste Collection and Disposal Services (advertised Public Hearing) The City has reached the end of its agreement with the current franchisee whose previously contracted rates were within the rate structure set by Resolution No. 95-13. The two (2) year extension to the franchisee's contract allowed for renegotiation of rates to continue service and the updated rates are outside the current Resolution rate structure. The new rate structure requires a resolution increasing and establishing new rates for commercial and multi-family solid waste collection and disposal services retroactive to the beginning of the current billing period with an automatic fuel surcharge adjustment to said rates and the repeal of existing Resolution No. 95-13. Staff recommends the adoption of a new Resolution increasing and establishing new rates for commercial and multi- family solid waste collection and disposal services retroactive to the beginning of the current billing period; providing for automatic fuel surcharge adjustments to said rates and repealing Resolution No. 95-13. City Attorney Rosenthal said that he recommended the Commission consider Items lOA and lOB at the same time for discussion purposes. City Attorney Rosenthal read the title of the resolution for Item lOR Discussion on this subject was postponed until the Mayor returned to the dais. Mayor Pro Tem Anderson moved forward to staff reports. Mayor Vandergrift returned to dais during the Staff report, and then resumed discussion of this item. Public Works Director Krug explained the amendment to the Commercial Solid Waste agreement. This agreement extends the contract for two years, but has a six month cancellation clause should the City decide to go out for bids at a later time. Mayor Vandergrift asked if this is with the increases included. Mr. Krug said it is with the increases that were proposed and includes a fuel adjustment sir charge should fuel prices rise since the September 2, 2006 price of $2.85 per gallon. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, closed the Public Hearing. City Attorney Rosenthal said there is a section in the resolution and agreement called "extra pick-ups" that needs to be stricken, and suggested the Commission adopt the resolution with that amendment. Mayor Vanderarift, seconded by Commissioner Hood moved to adopt Resolution No. 2006-013 establishina New Rates for Commercial and Multi-family Solid Waste Collection and Disposal Services, includina the amendment to strike the section on "extra pick-ups" from the resolution. Motion carried 3-1 with Commissioner Anderson opposed and Commissioner Johnson absent. The resolution as adopted carries the following title: RESOLTION 2006-013 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA INCREASING AND ESTABLISHING NEW RATES FOR COMMERCIAL AND MULTI-FAMILY SOLID WASTE COLLECTION AND DISPOSAL SERVICES RETROACTIVE TO THE BEGINNING OF THE CURRENT BILLING PERIOD; PROVIDING FOR AUTOMATIC FUEL SURCHARGE ADJUSTMENTS TO SAID RATES; REPEALING RESOLUTION NO. 95-13 AND ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Page 7 of9 City Commission Regular September 19, 2006 Commissioner Hood, seconded by Commissioner Keller moved to approve Amendment to the Commercial and Multi-Family Solid Waste Collection Franchise Aareement with Violea ES Solid Waste Southeast, Inc., includina the amendment to strike the section on "extra pick-ups" from the aareement, and authorizina execution by the Mayor and City Clerk. Motion carried 3-1 with Commissioner Anderson opposed and Commissioner Johnson absent. I G. REGULAR AGENDA - none I H. STAFF REPORTS City Attorney Rosenthal distributed a Memorandum to the Commission with regards to the City's current attempt to purchase parcels for the Maguire Road Project. Mr. Rosenthal stated that the law requires that prior to filing an eminent domain petition; the City must make a written offer to property owners for the purchase of the property necessary for the project. In the past such offer letters have been "subject to commission approval," but new legislature makes letters worded in that manner not a valid offer for purposes of compliance with the statute and will not constitute an offer letter for purposes of calculating attorneys' fees pursuant to FS 73.092. He requested that the Commission consider a Delegation of Authority on the Maguire Road project and on a project by project basis in the future. For Maguire Road, he requested that the Commission delegate the authority to the City Manager and City Attorney to make offer letters on properties that have a value of less than $100,000, based on the appraised value. This would mean that when the purchase came back to the Commission they would be bound by that decision and could not say no under the Florida Statutes. Staff would not have the authority to make an offer higher than the appraised value or any offer over $100,000 without obtaining prior Commission approval. This is similar to what Orange County and other cities are doing. Mayor Vanderarift, seconded by Commissioner Anderson. moved to arant the Oeleaation of Authority to the City Manaaer and City Attorney, for the purposes of creatina offer letters for pre-suit neaotiations in eminent domain proceedinas with reaards to the Maauire Road proiect, as Ion a as the property has an appraised value of less than $100,000. Motion carried 4-0, with Commissioner Johnson absent. I I. COMMENTS FROM COMMISSIONERS Commissioner Keller 1) said he met with the Johio Bay HOA and they were told the state was going to put a filter in the drain by the lake to protect it, and the City would maintain it. The filter has not been installed at this and asked if the City could help expedite the process. Public Works Director Krug said he is not aware of that. Commissioner Keller will email the information to Mr. Krug so he can follow up. 2) asked about the Town Hall meeting on the school issue. Consensus of the Commission was that staff should coordinate a date in early October for a Town Hall Meetina reaardina the school issues. 3) asked if the Prairie Lake area can be mowed as soon as possible, 4) asked if the broken sidewalks in Page 8 of9 City Commission Regular September 19, 2006 Sawmill Subdivision could be repaired. Public Works Director Krug advised they are touring the City tomorrow to look for repair issues and that will be added to the list, 5) asked about the City-maintained retention pond in the Johio Bay area at the bend on Silver Star Road, because the trees were removed when by the county or some other agency, and they lost their noise buffer. City Engineer Wheeler advised those retention ponds belong to FDOT, and they do not typically allow anything but grass within their fences areas, but we can talk to them about it. Commissioner Anderson-reminded the people from the area of Center Street, that there is going to be a meeting on Monday, September 25, 2006, at 6:30 p.m. to discuss their issues. Commissioner Hood 1) said Ocoee High School is playing at Colonial this week, and the Pop Warner game is at Apopka, and 2) said he confirmed with Utilities Director Smith that the Jamela tank is still on schedule to be dismantled in November. Mayor Vandergrift 1) said West Orange High School is holding the Homecoming and Field Dedication ceremony Friday at 6:00 p.m., 2) need to work on the date for the Town Meeting regarding the school issues, and 3) postpone the discussion on the Richard T. Crotty annual scholarship until the next meeting. I ADJOURNMENT The meeting was adjourned at 11:05 p.m. Attest: APPROVED: City of Ocoee ~J j/L(/- 'i3~iltefte.~IJh' q;y Clerk - It cl;:J _,u. tU j(' S I bl It Page 9 of9