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HomeMy WebLinkAbout09-06-2016 Minutes MINUTES SEPTEMBER 6, 2016 at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER- 7:15 PM Mayor Johnson called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. The invocation was led by Commissioner Keller followed by the Pledge of Allegiance to the Flag, led by Commissioner Grogan. Acting City Clerk Sibbitt called roll and declared a quorum present. Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner Keller B. PRESENTATIONS AND PROCLAMATIONS - 7:17 PM Proclamations—September 2016. ➢ 9/11 Remembrance Proclamation, read by Commissioner Firstner. ➢ Assisted Living Week Proclamation, read by Commissioner Keller. C. COMMENTS FROM CITIZENS/PUBLIC— 7:24 PM James Brown, Wounded Officers Initiative, first responder from New York during 9/11 briefly shared that he was touched by the 9/11 Remembrance Proclamation that was read tonight. He explained the charity organization created by local (active/retired) law enforcement officers is for officers wounded during duty and forced into retirement. Their organization is run by unpaid volunteers who established five goals (C.A.R.E. — Counseling, Advocacy, Recognition, and Education) to help with their endeavor. Further explanation was given on their role in helping to reintegrate the officers into productive society members. Mr. Brown announced their 3rd Annual Dinner Gala will be held at the Ocoee Lakeshore Center on April 1, 2017, and he is respectfully requesting the Commission to consider waiving the rental fees for use of the facility. Commissioner Grogan announced that he will be abstaining due to a conflict; he is a trustee of the Wounded Officers Initiative Organization. (Form 8B on file in the City Clerk's Department) Discussion ensued regarding waiving the fees in which it was decided that for consistency they charge $100 as they have done in the past for other non-profit organizations. Mayor Johnson announced that he would graciously donate the $100 since he attended their 2nd Annual Dinner Gala and had an amazing experience. Motion: Charge $100 towards the rental fee and deposit of the Lakeshore Center for the Wounded Officer Initiative to hold a dinner gala on April 1, 2017. Moved by Commissioner Keller, seconded by Commissioner Wilsen. Motion carried 4-0 with Commissioner Grogan abstaining. D. STAFF REPORTS AND AGENDA REVIEW-None Regular City Commission September 6,2016 E. COMMISSIONERS ANNOUNCEMENTS - 7:33 PM Commissioner Keller—Announced fundraiser event being held at Frank's Place for Vince Byrd until 11p.m. tonight. Commissioner Firstner— Announced Budget Hearings will be held on September 12th and 21St at 6 p.m. Further shared that the Districting Commission is being formed and the deadline for submitting applications is November 18, 2016. If interested in participating, please contact the City Clerk's Department to acquire an application. Commissioner Wilsen—None. Commissioner Grogan—None. Mayor Johnson — Announced that October 15th the High School Alumni Association wanted to use Jim Beech Recreation Center. They host an event every year and use that facility. He would like for the Commission to consider waiving the fees for them for use of the facility. Motion: Waive the rental fee and deposit of the Jim Beech Recreation Center for the High School Alumni Association to hold an event on October 15, 2016. Moved by Commissioner Wilsen, seconded by Commissioner Keller. Motion carried 5-0. Additionally, there is a men's Ocoee High School Alumni group that meets once a month on the first Thursday of the month at the Vignetti Center. They have asked him if the Commission could consider waiving the fees for them for use of the facility on the first Thursday of every month. Motion: Waive the rental fee and deposit of the Vignetti Center for the men's Ocoee High School Alumni group on the first Thursday of every month. Moved by Commissioner Wilsen, seconded by Commissioner Firstner. Motion carried 5-0. F. CONSENT AGENDA- 7:37 PM Before motion was taken on the Consent Agenda, clarification was made on Item # 3 - Appointment to the Planning and Zoning Commission. Mayor Johnson wanted to be sure that once Consent Agenda is approved that Mr. Rodger Wunderlich would be appointed. It was answered in the affirmative. Clarification was also made on Item #1 - Approval of Budget Workshop held on August 15th. Commissioner Wilsen advised that it was not mentioned in the minutes but she did ask that City staff bring back information regarding the HRA and did not want this request to be missed. City Manager Frank advised they will have that information available for her. 21Page Regular City Commission September 6,2016 Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #12. Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion carried 5-0. Commissioner Wilsen inquired if Public Works Director Krug would be bringing back before them the discussion he had with the possible change in garbage pick-up. She further advised that she has spoken with residents who are interested. Public Works Director Krug said they will be bringing that topic back before them. They have looked at some high volume subdivisions that they will like to have on a once a week collection as a test run. He is working out all the details before this is brought back before them. City Manager Frank clarified that the discussion was for a trial program to be considered to be sure it works well since there are a lot of residents that would like to go green. Should the Commission decide to remain with the current pick-up schedule, the rates could not be changed this year, as it is too late to do so. An increase would have to be considered in next year's budget. 1. Approval of Minutes for the Regular Commission Meeting held August 16, 2016, and Budget Workshop held August 15, 2016. (Acting City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Appointment to the Human Relations Diversity Board (3 year term). (Acting City Clerk Sibbitt) 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. One (1) application has been submitted to serve on the board; Travis Brown has expressed his interest in serving on the board. Approved on Consent. Motion carried 5-0. 3. Appointment to the Planning and Zoning Commission (3 year term). (Acting City Clerk Sibbitt) On February 9, 1999, Ordinance No. 99-09, was adopted requiring nine (9)members, who are City residents and geographically diversified for the Planning and Zoning Commission. Currently, the board has eight (8) members with three (3) members from District 1, two (2) members from District 2, one (1) member from District 3, and two (2) members from District 4. An application has been submitted from Ocoee resident Rodger Wunderlich who resides in District 3 and who has expressed an interest in being a member of the Planning and Zoning Commission. Approved on Consent. Motion carried 5-0. 3IPage Regular City Commission September 6,2016 4. Approval to Transfer $7,000 from the Election Expense Account 001-512-10-5600 to the Education/Incentive Account 001-516-00-1503. (Human Resource Director Williford) The Education/Incentive line item is under General Government and is used to cover the employee's tuition reimbursements as outlined in the City Personnel Rules&Regulations. The Education Incentive Program has been utilized by employees in excess of what was originally anticipated for the fiscal year of 2015/2016. Due to increased utilization by employees,the$35,000 budgeted for Education Incentive is nearly depleted and it is necessary to transfer funds to cover this expense through the end of this fiscal year. Approved on Consent. Motion carried 5-0. 5. Approval of Selection of Investment Banking Firms. (Finance Director Horton) Consistent with the Commission's approval to select a pool of Investment Banking Firms to provide bond underwriting services for our upcoming bond issues, staff issued RFQ #1603. Responses were received and publically opened August 22,2016. The three Investment Banking Firms who responded are: • RBC Capital Markets, • Stifel Nicolaus,and • Wells Fargo Securities. Approved on Consent. Motion carried 5-0. 6. Approval to Purchase an AeroClave Decontamination Unit from the Savings of Capital Funds $10,828.48 and a Budget Transfer of$4,161.92. (Fire Chief Miller) The Ocoee Fire Department is seeking permission to purchase a complete AeroClave Room Decontamination System,Model#3110.The purchase of this system was included in the current fiscal year's budget under acct. #6400, Capital Expense as a grant. This decontamination system will serve multiple functions. The system can be used in the decontamination of bunker gear as well as decontamination of other infected vehicles such as fire engines, command vehicles,and police vehicles. Staff recommends the approval to purchase the Model #3100 AeroClave Room Decontamination System, applicator and 25' hand sprayer, and (12) cases of Disinfection Solutions, as a sole source provider with funds of$14,990.40 from the savings of$10,828.48 from current year capital budget and a transfer of$4,161.92. Approved on Consent. Motion carried 5-0. 7. Approval to use $15,491 from the Operating and Small Equipment Account to Cover the Overage for Purchase of the New Engine 25. (Fire Chief Miller) On October 7, 2015, a Broker Service Agreement was signed by Ten-8 Fire Equipment, Inc., to broker Ocoee Fire Department reserve engine for$65,000. Due to the delay and the age of the reserve engine, it sold for the minimum of$30,000. Along with changing the graphics and updating the compartment design from the original order in October 10,2013,the new engine purchase has an overage of$15,491. Approved on Consent. Motion carried 5-0. 8. Approval to Transfer Funds from Salaries Account to Worker's Compensation Account. (Police Chief Brown) The City of Ocoee has benefited from being self-insured and maintaining a high deductible for Worker's Compensation. During the 2015/2016 fiscal year,the Police Department experienced Worker's Compensation claims totaling$247,500. There is a need to transfer this amount from the Salaries Account, where there are sufficient funds to cover the shortage,to the Worker's Compensation Account. Approved on Consent. Motion carried 5-0. 4IPage Regular City Commission September 6,2016 9. Approval of Federal Fiscal Year 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - (JAG Countywide-State Solicitation) Application #2017- JAGC-3096. (Police Chief Brown) This year $11,195.00 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). If approved, the City of Ocoee will receive $11,195.00 to purchase Law Enforcement Emergency Medical & Safety Protection Equipment. To help prepare the line officer in being ready for the challenges of modern law enforcement, the City of Ocoee Police Department is equipping the patrol officer with equipment that will be available immediately in their patrol vehicles as they respond to emergencies. The City of Ocoee has the need to supply 83 officers with the Law Enforcement Emergency Medical & Safety Protection Equipment to prepare them for the challenges they face on a daily basis. The preliminary research shows the estimated cost to provide this equipment to our 83 officers is approximately$12,000.00. Approved on Consent. Motion carried 5-0. 10. Approval of Surplus and Sale of City Walking Excavator Unit 153. (Public Works Director Krug) The approved City budget includes replacing the Stormwater Division's Unit 153, a 2006 Kaiser S-2 Gator walking excavator purchased in the 2006-07 fiscal year. The Florida vendor for this highly specialized piece of equipment, Great Southern Equipment, Inc., (GSE) has offered to purchase our existing Kaiser for $25,000.00. Based on the depreciated value of the 10-year-old machine, the low demand for a used machine of this type and the repairs required to bring it back to operational status, Public Works is recommending the City Commission declare the unit surplus and accept the purchase offer. The replacement machine incorporated in the current budget has been received and is ready to be put into service. Approved on Consent. Motion carried 5-0. 11. Approval of Certification of Non-Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2016/2017. (Public Works Director Krug) The City Commission approved Resolution No.2006-003 to provide for collection of Solid Waste fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non-ad valorem assessment roll by September 15th. The fiscal year 2016/2017 tax roll for Solid Waste calculates revenue to be $3,063,312. This is based upon the residential Solid Waste fee, which remains unchanged at$21 per month. This is an increase of$29,988 from the current year and is attributed to annexations and new homes. Approved on Consent. Motion carried 5-0. 12. Approval of Certification of Non-Ad Valorem Assessment Roll for Stormwater Inclusion on the Orange County Tax Roll for Fiscal Year 2016/2017. (Public Works Director Krug) The City Commission approved Resolution No. 2006-003 to provide for collection of stormwater fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non-ad valorem assessment roll by September 15th. The fiscal year 2016/2017 tax roll for Stormwater calculates revenue to be $2,896,323. This is an increase of$104,498 from the current year and is attributed to annexations and new homes. The 2016/2017 fiscal year also incorporates the final correction and adjustment of impervious area attributed to the auto auction properties. Assessment fees remain the same as the previous year. Approved on Consent. Motion carried 5-0. 5IPage Regular City Commission September 6,2016 G. PUBLIC HEARING - None H. FIRST READING OF ORDINANCE - 7:41 PM 13. First Reading of Ordinance for Oak Trail Reserve Planned Unit Development (PUD) - Substantial Amendment to the Approved PUD Land Use Plan (LUP), Project# RZ-16- 07-04. (Second Reading and Public Hearing scheduled for September 20, 2016, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) Oak Trail Reserve PUD(Planned Unit Development)is located on the northeast quadrant of the intersection of Clarke Road and Clarcona-Ocoee Road. The subject property is approximately 38.62 acres in size of which approximately three (3) acres is designated wetlands. The subject property is currently undeveloped and is partially covered with trees, mostly on the south side and along the eastern boundary of the property. The remainder of the site is an open field. The Future Land Use designation is"Low Density Residential" which allows up to four(4)dwelling units per acre. On April 19,2016,the City Commission reviewed and approved a non-substantial amendment to the PUD/Land Use Plan for Oak Trail Reserve PUD. The Oak Trail Reserve PUD Land Use Plan,as approved by the City Commission on April 19,2016,provides for a 126 lot, gated subdivision, with the residential streets owned and maintained by the homeowner's association. The residential lot sizes are as follows: 101 units—50 foot by 120 foot,and 25 units—40 foot by 110 foot(rear loaded lots). The project, as approved, provides 11.19 acres of open space. The Amendment proposes an increase of lots to 134 lots, distributed as follows: 35 units - 50 foot by 120 foot, 83 units—40 foot by 12 foot, and 16 units—40 foot by 110 foot(all front loaded lots). The substantially amended project provides 12.22 acres of open space. City Attorney Cookson read the title of the Ordinance. Mayor Johnson announced the second reading and public hearing will be held on September 20, 2016, Regular City Commission Meeting at 7:15 p.m. or soon thereafter. 14. First Reading of Ordinance for The Park at 429 Planned Unit Development (PUD) (FKA East Crown Point PUD) - Annexation and Initial Zoning to PUD/LUP, Project No(s): AX-04-16-58/RZ-16-04-03. (Second Reading and Public Hearing scheduled for September 20, 2016,Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) The subject property is located on the north side of Palm Drive, on the west side of SR 429, and on the east side of East Crown Point Road. The property is vacant/undeveloped. The subject property is +/- 45.54 acres, adjacent to SR 429 to the east and East Crown Point Road to the west. The applicants propose to develop the 45.85 acres as a light industrial/flex office PUD consisting of five (5) buildings totaling a maximum of 645,600 sq. ft. This provides for a maximum floor area ratio of 0.037. The permitted uses will be limited to those uses permitted within the I-1 (Light Manufacturing and Warehousing)except automotive sales(new and used), boat sales and service, mobile home and travel trailer sales, monument sales, motor vehicle wholesale, lumber yard. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced the second readings and public hearings will be held on September 20, 2016, Regular City Commission Meeting at 7:15 p.m. or soon thereafter. 6IPage Regular City Commission September 6,2016 I. REGULAR AGENDA - 7:45 PM 15. Notice of Intent to Adopt Updated Regulations Relating to the City's Special Overlay Area. (City Attorney Cookson) The City has established Special Overlay Areas in its Land Development Code for the purpose of facilitating unique development activities in areas where there is a need for coordination among landowners in the development of the area. The three types of Special Overlay Areas identified in the Land Development Code are Interchange Impact Areas,the Downtown Redevelopment Area,and Activity Centers. The development standards and use compatibility evaluations for the Special Overlay Areas was initially focused on undeveloped parcels within such areas. Recent redevelopment activities within such areas has prompted City Staff to see a need to examine the compatibility of the Special Overlay Areas as they relate to parcels that may be subject to redevelopment as opposed to initial development. In addition, City Staff feels that certain uses within such Special Overlay Areas require an evaluation based on existing density and compatibility concerns. Such uses, include, but are not limited to, pharmaceutical dispensaries, fast food and other drive-through restaurant establishments, check cashing stores, self-storage facilities, vehicle and tire service, sales and repair facilities and discount retail stores. City Staff believes there is a need to establish a moratorium in order to evaluate the Special Overlay Area standards for the purpose of updating said standards specifically as they relate to uses(including the prohibition of such uses within certain areas and certain design criteria where allowed),architecture,and compatibility;the development of zoning standards that will enhance economic development and redevelopment in the Overlay Area;and to identify incentives to encourage quality development in the Overlay Area. Applications that have already been received and accepted by the City as complete and in compliance with submittal requirements will continue to be processed by City Staff and not delayed by this action or the pending moratorium. The purpose of this staff report is to notify the City Commission and all persons or entities intending to seek approval of applications for development orders, development permits, and building permits concerning properties for the specific uses set forth above and located within the Special Overlay Areas, that City Staff intends to, following the expiration of the moratorium,bring forward an ordinance proposing amendments and updates to the Land Development Code relating to the Special Overlay Areas, that the development of said standards is in progress, and that any reliance upon current regulations or expenditure of funds in reliance of current regulations is at the risk of the applicant. City Attorney Cookson explained that this is a recommendation from City staff to update the development standards and do a compatibility evaluation of the Special Overlay Districts in the City. He explained that when those districts were originally examined, the standards that were employed by the districts were primarily based on development standards for properties that had yet to be developed. The City has recently experienced some redevelopment where existing projects have been replaced with new uses. In connection with planning for the downtown development district it would be feasible for City staff to look at the Special Overlay Areas to see if there is a need to re-examine those areas. In addition, City staff feels that certain uses within Special Overlay Areas require an evaluation based on existing density and compatibility concerns. Such uses include, but are not limited to, pharmaceutical dispensaries, fast food and other drive-through restaurant establishments, check cashing stores, self-storage facilities, vehicle and tire service, sales and repair facilities and discount retail stores. City staff believes there is a need to establish a 6 month moratorium in order to evaluate the Special Overlay Area standards for the purpose of updating said standards specifically as they relate to uses. The issue before the City Commission is rather they should authorize City staff to bring forward a 6 month moratorium on the processing of applications for drive-thru restaurant establishments, check cashing stores, self- storage facilities, vehicle and tire service, sales and repair facilities and discount retail stores. 7IPage - I II Regular City Commission September 6,2016 Jeff Krisan, 8233 Canetti Street, Orlando, FL, said they are in active negotiations with three tenants for his property for three of the uses that are the moratorium. He advised their action for a moratorium will affect them directly and immediately as they are in negotiations. He further expressed his concerns on the uncertainty and negative effects that they will experience with the moratorium and the uses that will be excluded, as well as the effect it will have on the value of his property. Commissioner Grogan inquired if this will be similar to the last moratorium they approved in which current projects in review could be discussed with Assistant City Manager Shadrix to work any issues out. City Attorney Cookson said what staff is recommending is that those applications that have already been received and accepted by the City, as complete and in compliance with submittal requirements, will continue to be processed by City Staff and not delayed by this action or the pending moratorium. Mr. Krisan explained he was informed that no more applications would be accepted for those uses until the moratorium is over, which is a major burden to them. Mayor Johnson asked Mr. Krisan if he would share what businesses he has negotiations with. It was answered that they have a Popeye's restaurant which has been accepted by the City and current negotiations are with a tire/auto repair store, strip center project with fast-food, and Dollar Tree. Those uses were permitted when he began negotiations. Mr. Krisan further explained that they spent two years trying to market the property. Mayor Johnson commented that is a major intersection and those uses are not what are needed or will benefit the City of Ocoee. Michael Hopper, 240 E. Silver Star Road, said he loves businesses, but this particular area is 50 West and he does not think that a tire store and Dollar Tree is appropriate for that area. He shared that he is all for businesses in the City of Ocoee, but this does not fit the particular mold that the Commission and other surrounding businesses are trying to bring forth. Commissioner Wilsen said she has a concern because they have a CRA and they are investing money into that area. She further commented that they already have a couple of dollar stores in Ocoee. The Commission has a quality of life they would like to have in that area and tire stores, check cashing, and storage facilities are not what she would like to see in that general location. Commissioner Keller echoed Commissioner Wilsen's comments further sharing that those types of businesses are not what he would like for people to see as they enter into the City limits of Ocoee. They have more tire stores and dollar stores than they need. Additionally, residents have made it clear many times to them that they want sit-down restaurants and not fast food. He further agrees with the idea of putting forth a moratorium to help that area as they move forward with the downtown and 429 corridor. Commissioner Firstner inquired if this moratorium would cover all the overlay areas in the CRA. City Planner Rumer answered that the moratorium would cover all the properties along Hwy 50 which is in the CRA. Commissioner Firstner shared that his residents in District 3, which is where this is located, have voiced that they do not want those types of business' on Hwy 50. They are looking for sit-down restaurants and upscale shopping. 8IPage Regular City Commission September 6,2016 Commissioner Grogan said he also feels the same with regards to development in the City. He shared with Mr. Krisan that once Hwy 50 is completed, the area will become more desirable. Angel de la Portilla, Economic Development Consultant for the City, shared that on August 22na and 23r1, he participated at a conference at the International Council of Shopping Centers, along with Assistant City Manager Shadrix and City Planner Rumer. They reserved a booth and met with many local developers and retailers. There is an incredible amount of interest in Ocoee and inquiries were made regarding what will be put on Hwy 50 and Maguire Road, as well as the West Oaks Mall. This area is going to go through a renaissance, as values are going up. He further shared that they would gladly work with Mr. Krisan as this is not about limiting the uses, but creating some design standards that the citizens are requesting. Mr. de la Portilla shared that he would recommend that the Commission move forward with the moratorium and they will gladly work with the property owners and their brokers. Motion: Recommendation that City Staff brings forward a six-month moratorium on accepting applications for uses that include, but are not limited to, pharmaceutical dispensaries, fast food and other drive-through restaurant establishments, check cashing stores, self-storage facilities, vehicle and tire service, sales and repair facilities and discount retail stores, in the Special Overlay Areas. Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion carried unanimously. 16. Appointment of a Charter Review Commission, in Accordance with the City of Ocoee Charter,Article X, Section C-59. (Acting City Clerk Sibbitt) Article X, Section C-59 of the Charter: A Charter Review Commission shall be appointed by the City Commission no later than December 15 in the year 1999 and no later than December 15 every ten(10)years thereafter. A Charter Review Commission may also be appointed by the City Commission at such times as deemed necessary by the City Commission.The Charter Review Commission shall consist of five(5)members who shall be appointed by a majority vote of the City Commission and who shall serve on such Commission for terms of one (1) year unless such terms are extended by the City Commission. The Mayor shall also appoint two (2) alternate members, subject to the approval of the City Commission, who may fill in for any member absent from a Charter Review Commission meeting. On April 19, 2016, the City Commission voted unanimously to allow residents to apply by July 29, 2016, for consideration to be appointed to the Charter Review Commission. At that time, the City Manager was also directed to bring forward the names and credentials of three(3)qualified individuals to work with the Charter Review Board as facilitator. 8:05 PM—5 min. Recess Mayor Johnson explained that they have three names for the Charter Review Commission Facilitator. Commissioner Wilsen clarified that they would privately mark their scoreboard sheet and then turn it over to the City Clerk to tally the results. Mayor Johnson inquired if there was anyone present who had submitted their name to be considered as a facilitator. Dotti Wynn, Wynn Consulting Group, LLC., introduced herself and explained her experience and knowledge with the Charter Review Commission, as she has served on the Orange County Charter Review twice. 9jPage Regular City Commission September 6, 2016 Mayor Johnson explained the scoresheet by advising they should be ranking their choice of facilitator from 1-3, with #1 being their top pick. Once completed, the City Attorney collected the scoresheets and gave them to Acting City Clerk Sibbitt so she may tally the rankings. Mayor Johnson explained that they will be ranking their choice of applicants from 1-15, with#1 being their top pick. He further inquired if there was anyone present who had submitted their name to be considered as a member to the board. The following applicants were present to introduce themselves: • Dennis Murray • Michael Hopper • Richard Griffin Mayor Johnson announced that the results for the facilitator were provided and former City Attorney Paul Rosenthal was picked as the top ranked candidate. Second pick was Marilyn Crotty, and the third pick was Dottie Wynn. Motion: Move to accept the results naming Paul Rosenthal as the top ranked candidate to be facilitator to the Charter Review Commission. Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion carried 5-0. 8:17 PM— 10 min. Recess to allow for tally of applicants Mayor Johnson advised that the City Attorney will read the results of the top five applicants as tallied by the City Attorney and City Clerk. City Attorney Cookson advised the following applicants were ranked as the top five applicants: • Michael Hopper • Milton West • Dennis Murray • Richard Griffin • Cheryl King Motion: Move to appoint the following five (5) applicants to the Charter Review Commission: Michael Hopper, Milton West, Dennis Murray, Richard Griffin, and Cheryl King. Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion carried 5-0. 10IPage Regular City Commission September 6,2016 City Attorney Cookson advised that the Charter provides that the Mayor appoints two alternates and those appointments will also need to be approved by the City Commission. Mayor Johnson advised that he would like to recommend the next two highest ranked applicants, which were Fred Bonham (#6), and Harrison Grogan (#7), as alternate members to the Charter Review Commission. Motion: Move to appoint the following two (2) applicants to the Charter Review Commission as alternate members: Fred Bonham and Harrison Grogan. Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion carried 5-0. 17. City Center West Orange Final Site Plan (FSP) for Phases 1-3 and Development Agreement, Project#LS-2015-008. (Continued from the June 21, 2016 meeting). (City Planner Rumer) The City Center West Orange project is generally located south of Maine Street, east of Bluford Avenue and north of West Colonial Drive (SR 50)adjoining Lake Bennet. On July 6,2010,the City Commission adopted the "CRA Target Areas Special Development Plan." The subject site is located within what is considered "Target Area 2." Target Area 2 was further divided into two general sub areas("Sub-Area 1" and"Sub-Area 2"). Sub-Area 1, which is located along the frontage of Bluford Avenue and SR 50, provides for a more conventional suburban design while Sub-Area 2 is intended to be a more urban environment. The proposed site construction is generally located in Sub-Area 2. On April 21, 2015, the City Commission reviewed and approved the Preliminary Site/Subdivision Plan. The City Center West Orange Final Site Plan (FSP) for Phases 1 -3 will be developed as a mixed-use commercial,hotel,and multi-family development. Phase 1 will consist of a multi-story (8 stories) building complex (Building C-J) containing 54,250 square feet of Retail, 75,000 square feet of Restaurant, 106 Dwelling Units(Condos)and a Hotel containing 122 rooms. This multi- story complex building will have all the requisite infrastructure and amenities (tennis court, swimming pool, volleyball sand court, pavilions, and clubhouse) including an internal parking facility. Stormwater abatement, dedication of right-of-way for the extension and construction of Maine Street and access roadways will also be done as part of Phase 1. Phase 2 and 3 will consist of one(1)additional(8 stories)building complex(Building A-B) with an internal parking facility. The building complex(Building A-B) will contain 20,820 square feet of Retail, 22,040 square feet of Restaurant, and 166 Dwelling Units (Condos). On March 8, 2016, the Planning & Zoning Commission voted unanimously to recommend approval of the Final Site Plan for City Center West Orange,subject to resolving any remaining staff comments. a) Final Site Plan for Phases 1-3 b) Development Agreement City Planner Rumer gave a brief summary of the project and provided a short video. He announced there is a site plan approval and the City Attorney will go over the development agreement. City Attorney Cookson explained that the project is unique to the City and City staff has worked for many months to reach a mutual concurrence on the development agreement, in which the City will be a partner with the developer. The City will be providing incentives to the project to help it come into fruition. The contribution of the incentive that the City is offering under the development agreement is close to $9.3 million. City Attorney Cookson further explained the reductions included, the incentives that would come from a tax increment incentive credit, and all related impact fee credits. The City engaged GAI consultants to look at the figures and make a recommendation. The recommendation was in line with the total incentives they offered. City 11 Page Regular City Commission September 6, 2016 Attorney Cookson further advised that the City will not be out any money if the first two buildings do not come into fruition and start generating tax revenue. The developer's agreement has been signed by the developer and is seeking approval tonight from the City Commission and then subsequent approval from the CRA on September 20th a) Final Site Plan for Phases 1-3 Motion: Move to approve the City Center West Orange Final Site Plan (FSP) for Phases 1-3, Project#LS-2015-008, as presented by staff. Moved by Commissioner Wilsen, Seconded by Commissioner Keller; Motion carried 5-0. b) Development Agreement Motion: Move to approve the City Center West Orange Development Agreement, Project#LS-2015-008, as presented by staff. Moved by Commissioner Keller, Seconded by Commissioner Wilsen; Motion carried 5-0. J. STAFF ACTION ITEMS -None K. COMMENTS FROM COMMISSIONERS - 8:43 PM Commissioner Grogan—None. Commissioner Wilsen — Inquired if anyone recalls the time frame for the completion of the Hwy 50 construction. Commissioner Keller said he believed it would be July 2017. Commissioner Firstner—None. Commissioner Keller — Said he received a Facebook message that the alarm on the Hackney Prairie lift station went off and the resident called the emergency water number. They were told that it was not an emergency and should call back on Tuesday. Commissioner Keller shared that if an alarm goes off, a better response should be given to citizens. City Manager Frank said he will look into this matter and address it. Mayor Johnson — 1) Inquired what is being done with White Road from Clarke Road heading toward Rose Hill. Public Works Director Krug explained that in the current budget they have $125,000, however, the remaining portion of the monies will be included in the upcoming budget since this will be about a $400,000 project. City Manager Frank interjected that this project has been in the works for a while. Public Works Director Krug added that they have the project already designed and permitted and just needs the funding. Mayor Johnson commented that 12IPage Regular City Commission September 6,2016 maybe he and Commissioner Wilsen can provide notices to the three subdivisions in that area that the City is in the process of getting this fixed. Commissioner Wilsen shared that she has spoken to the HOA President from Whitehill and they are aware. City Manager Frank advised that the City can put a sign up informing residents. 2) Inquired about the palm trees on Bluford Ave. Public Works Director Krug said that the P.O. has been issued and they are coordinating the maintenance of traffic. He was hoping they could do it this week, but it looks like it may not be until next week. 3) Inquired what the process is with their redevelopment bond issue for moving forward with Bluford Ave. City Manager Frank explained that the first bond issue they will deal with is the utility work, which should be closing within the next month. As soon as that is completed, the bank and our financial advisors will be working on the next issue, which is $24 million. Further discussion ensued regarding the bond issue and time frame. 4) Said he would like to thank staff for all their work and participation with the City Center. City Manager Frank briefly explained how this was a great deal for all parties involved. ADJOURNMENT - 8:54 PM APPROVED: Attest: qty of ;co Melanie Sibbitt, City Clerk Rusty Johns in(r ayor 13 Page FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME' 1 NAME OF BC 1:4D,CO L 'OIL,COMMISSION,AUTHORITY,OR COMMITTEE GY'c� CAS �C)V1kn W Cc�eea C0 1lfy) ,SSct-i , MAILING A DD ESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON /0 0 a, a r tVV.& Dr (14�iry..., VHI�I SERVE ISA UNIT OF: 06 Y ❑COUNTY ❑OTHER LOCAL AGENCY COUNTY (, — G - / N E OF POLITIC k SUBDIVISION: DATE ON WHICH VOTE OCCURRED I + ,o 0GOP.Q MY POSITION IS: 0' ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. AP • INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on t a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a , relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. . For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). . * * * * * * * * * * * * * * - * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: - PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * . * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(0,F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, w�,� Glv , hereby disclose that on SP,o¢. (.-, ,20/ : (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; — inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, _ ; ,n 94eJ , �-LJQ, inured to the special gain or loss of W C7� sS ��. (¢ by P°t.7 -0—ST�fy whom I am r inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is(as�follows: i C�,WI 1 rust e- ei U � -� � `/.) ouvl Q LJ ,c Ice rs- , VII C$C..4-■V'Q. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 9 - G -/co -„--2.3.41--%.. _ Date Filed 'gn ture NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.