HomeMy WebLinkAboutItem 01 Approval and Acceptance of the Regular City Commission Minutes of December 6, 2005
MINUTES
OCOEE CITY COMMISSION
December 6, 2005 at 7:15 P.M.
Agenda 12/20/05
Item 1
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 Anderson gave the Invocation and Danny Vareen 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 Howell, Commissioner
Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Mike Armbruster, Principal of Ocoee High School presented Commissioners with shirts and a
football from the first game, in appreciation for all of the support and assistance they have
provided. He reminded everyone of Dedication Ceremony at Ocoee High School on Thursday
9:00 a.m.
Presentation of Rocking Chair to Former Commissioner Howell. (Mayor Vandergrift) This
presentation was postponed until just before the Consent Agenda.
Presentation of Player of the Year Award to Kyle Smith and Kari Lynn Fenton - Tennis
Coach Jim Vinson.
Proclamation - You Drink & Drive. You Lose Weeks - December 10, 2005 - January 1,
2006. (Mayor Vandergrift)
I C. COMMENTS FROM CITIZENS/PUBLIC
Henry Morgan - 305 N. Lakeshore Drive, said he was happy to see that the City is bringing the
garbage service back in-house, and asked for an explanation of the process of placing garbage
fees on the tax roll; discussed the possibility of taking over the commercial garbage collection in
the future. City Attorney Rosenthal explained that residents will continue to be billed monthly
through 2006, but the tax bill that is received in November 2006 will include the non-advalorem
tax for garbage for the year 2007. The Mayor and City Attorney explained the advantage of
placing this on the tax roll is a higher percentage rate of collection for the garbage fees, to save
administrative costs for billing residents that do not get water from the City, and to pick up
additional vacant lands who only use garbage services and do not currently receive a utility bill.
Danny Vareen- Police Chief for Eatonville and Ocoee Human Relations Diversity Board
member, asked for support from the City to fund various events and projects, and for education
of its members. Discussion followed regarding the need to have a policy for all voluntary boards,
and appropriate funds that should come from the City. Consensus of the Commission is
that a policy should be adopted to reaulate funds to various boards and
City Commission Regular Meeting
December 6, 2005
developina a procedure of how boards should brina reQuests for fundina for
education and other needs before the Commission. either durina the budaet
process or as the needs arise.
Joel Keller, 5021 Lighterwood Court, asked if the by-laws of the CACOPD Board could be
changed to have the Board report directly to the Commission. Mayor Vandergrift asked that
staff submit the proposed revisions to the resolution and by-laws for consideration by the
Commission, and suggested the revisions allow for the Police Chief to be simultaneously notified
of recommendations the board will make to the Commission. Consensus of the
Commission was to have staff make proposed chanaes to the bv-Iaws that would
make this board an advisory board to the Commission.
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Hood - 1) thanked the United Methodist church for the lunch they provided on
Saturday between the two Christmas Parades, 2) thanked the Lions Club for organizing a great
parade, and thanked County Commissioner Theresa Jacobs for participating, and 3) reminded
everyone of the Lions Club Turkey Shoot on Saturday, December 8, 2005.
Commissioner Anderson- 1) said the Christmas Parade was great and had the largest turnout he
has ever seen, and 2) said that the Ocoee Youth Soccer League will be receiving the first draw on
the Field of Dreams Grant, in the amount of $25,000, at the Beech Center on Saturday,
December 8, 2005, at 10:00 a.m.
Commissioner Parker- 1) said the Fire Department will be presenting "Operation Santa" on
December 1 ih through December 20, where they will be escorting Santa Claus thorough Ocoee
neighborhoods on the fire truck. Times and Dates should be posted on the City website and
OGTV, and thanked everyone for the great Christmas Parade.
Mayor Vandergrift- 1) asked if Public Works would take care landscape buffering, possibly a
hedge along Bowness Road, and get rid of wrecked cars there. Public Works Director
Zaitooni said the cars have already been removed, 2) complimented staff on the decorations at
City Hall, and 3) said the "Ax the Tax" group would like the City to consider a resolution
opposing the Light Rail, and 4) showed a large thank you card and photograph he received from
Pack 217 for the tour of City Hall and lesson they participated in last week.
Commissioner Johnson - none
EMERGENCY ITEM - Village Marketplace Shopping Center - Request for extension of
time to satisfy conditions for the Development Agreement and Plat.
Mayor Vandergrift declared this an emergency item.
City Attorney Rosenthal advised that the third extension expired, but they will need more time
to satisfy the conditions for the development agreement and plat. They are closing tomorrow,
but the extension needs to be granted to avoid the need to start the process over. Staff
recommends that the Commission extend the deadline until January 6,2006.
Page 2 of9
City Commission Regular Meeting
December 6, 2005
Commissioner Anderson seconded by Commissioner Parker, moved to approve
the extension of time until January 6, 2006, for BP Products American, Inc.,
Villaae Marketplace Investors, Ltd., and Debra S. Meredith Kraft to satisfy the
continaencies associated with the June 21, 2005 approval of the Development
Aareement and Plat of Villaae Marketplace.
Presentation of Rocking Chair to Former Commissioner Howell. (Mayor Vandergrift).
Commissioner Howell said he enjoyed serving the citizens for 18 years. He said the residents
are loyal to their Commissioner and he is glad Commissioner Hood is doing a good job. He said
he would like the Commission to consider giving a rocking chair to former Police Officer Chuck
Seaver, for his 22 years of service. He said he would donate his chair, if necessary.
Consensus of the Commission to direct staff to create a policy reaardina the
appropriate "awards for service" that should be aiven to City employees and
volunteers for their service to the City.
I E. CONSENT AGENDA
Ap
Ci
al and Acceptance of Workshop Minute f October
ommission Minutes of November 15,200. City Cler
2005, and the Regular
enberry)
2. ApprovaLof3-Year Lease:Purcbaseof New an FY
05/06. (Purcbasingi\gent.Tolbert)
The budget for Fiscal Year 05/06 includes the lease-purchase of new and replacement police vehicles.
Authorization is needed to piggyback the FSA contracts, on the items listed. This lease-purchase agreement is
for three (3) years, and is the first of two lease agreements needed to finance the remainder of the budgeted
vehicles and equipment. The State of Florida and the Florida Sheriffs Association (FSA) & Florida
Association of CountieslFlorida Fire Chiefs Association bids were reviewed for the best pricing based on
factors such as price and options available. The total cost for the vehicles requiring approval is $226,733.71, to
close on or before the end of December 2005.
3. App I of Interlocal Agreemen
(Public Works Director Zaitooni
ge County Regarding Center Street Pond.
m was pulled from the consent agenda
4. ApprovaTofChange. Order # 1 nt 5-15, GelleraLMowillg&Landscaping
Contract. (AssistantPublic Hi.. ctor Elliott)
Change Order #1 to Contract B05-15, General Mowing & Landscaping Contract is for the addition of the Ocoee
Crown Point Parkway right-of-way, to the existing contract. The contract includes mowing, edging, blowing,
weed control, trimming, and pruning of the area as well as a once a year application of mulch for Ocoee Crown
Point Parkway (from Ocoee-Apopka Rd, south side and medians to the end; and on the north side from the
canal west to the end). The cost of Change Order #1 is $350.00 per cycle, plus $2,000 annually for mulching
applications. The total estimated annual cost for this change order is $15,300 ($1,275.00 per month). All other
terms of the contract will remain unchanged. Funds are available from the Department's Contractual Services
account
5. ApprovaL of Renewal of Short TerDl Lease AgreeDlellt.With First/Class....Coachy&
EqlliplIlent,Illc.... .(Assistant. Public Works Director Elliott)
First Class Coach and Equipment, Inc. requested permission to store up to 50 buses on the city's Public Works
Complex located at 301 Maguire Road in a location designated by the city. City Commission on August 16,
2005, approved a 3-month lease agreement, which would provide for insurance coverage and hold the City
harmless from any liabilities. The terms of the agreement are for a three-month period in the amount of $2,000
Page 3 of9
City Commission Regular Meeting
December 6, 2005
per month (total lease period amount: $6000) and a maximum of 50 busses is allowable. First Class Coach &
Equipment, Inc. is requesting that the city enter into another agreement, for an additional three-month eriod.
6. FirsfAmel1dmentto Tri- fAgreemel1tw' of
Wintel'GardenRegardi ge TraUc;rossings. a )
At the time of the purchase of the "Coca-Cola Property" the land was encumbered by a Tri-Party Easement
Agreement between Coca-Cola, Orange County and Winter Garden. This Agreement is in place because the
West Orange Trail and a Winter Garden underground sewer line bisect the Coca-Cola Property. The
Agreement addressed the terms and conditions under which Coca-Cola could cross the Trail and the sewer line.
The Agreement does not match the approved Ocoee Crown Point PUD Land Use Plan and needs to be amended
in order to allow development which crosses the West Orange Trail as set forth on the Land Use Plan.
CbnsentAgehdaVote:
Mayor VanderQrift seconded by Commissioner Anderson. moved to approve
Consent AQenda Items 1.2.4.5 and 6. as presented. Item #3 was pulled from
Consent and heard separately. Motion carried 5-0.
This item was pulled from the consent agenda and heard separately
3. ApprovalofIllterlocalAgreemelltwith ngec;ountyRe r(iingCenterStreetP()nd.
(Public Works Direct()I'Zaitool1i)
Currently a portion of property necessary to the drainage improvement project scheduled for the Center Street
area is owned by Orange County. An interlocal agreement is necessary to (1) transfer the property over to the
city for ownership, maintenance, and control and (2) transfer Center Street to the city formally. The county
agrees with the city that it is in the best interest of the public that jurisdiction over Center Street be transferred
to the city and that it is further in the public interest to make drainage improvements to the area for the benefit
of the residents of the city and those in unincorporated Orange County. The interlocal agreement defines issues
such as design and construction of the drainage improvements, a time frame for conveyance of the property to
the City, a granting of right of entry for the purpose of design and construction, setting of liability for operation
and maintenance of the area, definition of the city's jurisdiction over the roadway, exclusion of any third party
benefits, acknowledgment of an understanding of the entire agreement by all parities, notification requirements,
stating that the agreement shall be interpreted by the law, time is of the essence declared, remedies available to
each party for failure to perform contract obligations, neither party is liable for delay or damage arising from
natural occurrences, etc., this agreement can have further counterparts which will become part of the original
instrument, and shall provide for an effective date.
City Attorney Rosenthal advised that changes were made to the Interlocal Agreement with
Orange County since it was distributed with the agenda packet. He said the changes in the
language were just finalized today and they are not substantive changes, and do not affect
what the agreement does.
Commissioner Anderson seconded by Commissioner Hood. moved to
approve Items #2 with the amendments to the Interlocal AQreement. Motion
carried 5-0.
I F. PUBLIC HEARINGS
7. Prairie LakesTr }>reliminarySllbdivisionPI (Planning Manager
Armstrong). (Adv~rti In r ando SentinelOrangeExtrdon . Thursday, ber24,2005.)
Prairie Lake Tract A is located on 'Tract A' of the approved Prairie Lake Planned Unit Development (PUD),
adjoining Lake Meadow. More specifically, the subject project is located at the northwest intersection of Clarke
Road and AD Mims Road. The subject property comprises 44.18 acres and is heavily wooded. It is designated
as High Density Residential on the Future Land Use Map (FLUM). The Prairie Lake Planned Unit
Development (PUD) limits the maximum number of units for Tract A at 385. Staff has determined that the
proposed density and type of units are consistent with the approved Prairie Lake PUD Land Use Plan, last
Page 4 of9
City Commission Regular Meeting
December 6, 2005
modified on September 10,2003. The Prairie Lake Tract A residential development is proposed to be developed
with 213 housing units (87 single family and 126 fee-simple townhome units). 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 Subdivision Plan for Prairie Lake Tract A, as date stamped received by
the City on November 16, 2005, including consideration of the waiver request for the community building and
subject to the following conditions: 1) Modification of the radius at each entrance into the project from 50 feet
to a safer and more pedestrian-friendly radius of 15 to 25 feet; 2) Increase the sidewalk along AD Mims from 5
feet to 8 feet; and, 3)Tree protection notes to be added to the plan during the Final Subdivision Plan process.
Planning Manager Armstrong gave an overview of the Plan for Prairie Lakes and said the
applicant is asking for a waiver from the code requirement that the Community Center be a
closed building, and instead be allowed to create an open air pavilion. She also said that staff
worked with Tract H, part of the overall Prairie Lakes PUD, to have the developer work with the
Silvestri Investments convey a portion of it to the City in the future for a bike or pedestrian trail.
City Attorney Rosenthal said he believes the motivation for that would be due to the
developer's entitlement to Park Impact Fee credits, which is addressed in the existing PUD
agreement.
City Attorney Rosenthal advised that the City has retained Special Counsel on legal matters in
connection with review on this project because of Foley and Lardner's representation of Ryland
Homes and other matters.
Discussion followed regarding the lighting from the soccer fields creating a nuisance for the
future residents, and possibly placing signage on the soccer field so potential buyers would be
made aware. There was discussion and suggestion of additional tall landscape buffering along
the side of the soccer field that would border the residential area.
Tom McCarthy, Vice President for Land Development at Ryland Homes said that the
townhomes and residences will be all under one HOA, addressed the sidewalk system near the
railroad tracks, and said he thinks the pines trees would create a good buffer, but nothing will
completely shield the light from the residences. He said they typically ask the homeowner to
sign a disclaimer understanding that there is a lighted complex behind their homes.
Commissioner Parker was still concerned with tying Tract H to the platting of this project.
Special Counsel Mary Snead- said Silvestri Investments is working with the property owner on
this issue and in the event there is a problem it could be revisited during the final subdivision
plan, which will be in three to four months
Mayor Pro Tern Anderson opened the Public Hearing
R.P. Monacky, 1820 Prairie Lake Blvd., asked about the square footage of the single-family
residences, and was advised they start at 1400 sq. ft.
Mayor Pro Tern Anderson closed the Public Hearing
Commissioner Parker moved to approve the preliminary subdivision plan per
staff recommendations with the exception granting the waiver for an open air
pavilion rather than covered community center. and revisiting the issue with Tract
H if it is not resolved. Motion died for lack of a second.
Commissioner Johnson seconded by Commissioner Hood moved to approve the
preliminary subdivision plan per staff recommendations. granting the waiver for
the open air pavilion. adding increased landscape buffering along the side the of
the soccer field that will border the residential area. and allowing for the issues
Page 5 of9
City Commission Regular Meeting
December 6, 2005
with Tract H to be revisited durina the Final Subdivision Plan Hearina if they are
not addressed before that time. Motion carried 5-0.
ORDINANCE SECOND READINGS
8. . Personnel Rules and Regulations Ordinance. (Human Resources Director CarniceUa)
(Advertisedinorlq.ndoSentinel Orange ExtraonSliflday, November27,2005.)
The Personnel Rules and Regulations are the policies, procedures and entitlements that govern the terms and
conditions of employment for those employees covered by the same. These Personnel Rules and Regulations are
also known as the PRR's or Rules and Regulations. The Human Resources Department is responsible to administer
the PRR's for the City Manager. The Ordinance providing for the PRR's has not been amended since 1999 and the
City Manager has requested the Human Resources Director complete the draft revisions of the PRR's, which was
started in 2004. This revision of the PRR's is a comprehensive edit and includes many new provisions.
Human Resources Director Carnicella advised of changes that had been made, which
incorporated issues that were raised during the workshop and the first reading of the ordinance.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, Mayor
Vandergrift closed the Public Hearing.
Commissioner Johnson seconded by Commissioner Parker moved to adopt on
second readina. the Ordinance No. 2005-017 approvina the Personnel Rules and
Reaulations as revised and submitted by staff. No vote was taken due to
subseauent amendments.
Commissioner Johnson seconded by Commissioner Parker moved amend the
motion to exclude Assistant and Deputy Directors from the car allowance and
provide that benefit for Department Directors only. Motion carried 4-1. with
Commissioner Anderson opposed.
Commissioner Anderson moved to amend the motion to eliminate the added
benefits packaae for all "at will" employees. Motion died for lack of second.
A vote was taken on the oriainal motion. as amended. Motion carried 4-1. with
Commissioner Anderson opposed.
I G. REGULAR AGENDA
9.0coee Crown Point PUDRFP#06-001. (ComnlUllityDevelopmenfDirector Wagner)
The RFP solicits proposals from private developers who will purchase, design, and construct a single-family
residential project on the 75-acre tract earmarked for that purpose within the Ocoee Crown Point PUD. The City
anticipates that a minimum of 250 residential lots may be developed on the site. The RFP is designed to maximize
the return to the City by making the sale based upon the actual number of lots to be developed subject to a minimum
purchase price. Staff expects that the sale of this property will, at a minimum payoff all City acquisition costs,
professional fees, and infrastructure costs associated with the project up to this point. Staff respectfully recommends
that the Mayor and City Commissioners authorize staff to advertise the attached Request for Proposal for sale of
residential land within the Ocoee Crown Point PUD and further direct the City Manager to review all proposals and
recommend three or more development teams for final consideration by the City Commission.
Page 6 of9
City Commission Regular Meeting
December 6, 2005
Community Development Director Wagner gave on overview of the property since its
acquisition. He said those making proposals, as well as employees, have been advised that
except for the Purchasing Agent, there is to be no communication, written or verbal, with any
city employee, Elected Official, Board Member, or City Representative during the course of this
solicitation other than at the Mandatory Pre-proposal Conference.
Commissioner Johnson seconded by Commissioner Hood moved authorize staff
to advertise the attached Request for Proposal for sale of residential land within
the Ocoee Crown Point PUD and further direct the City Manaaer to review all
proposals and recommend three or more development teams for final
consideration by the City Commission. Motion carried 5-0.
10..0c()ee Crown Point PUDProfessiollal Services. . (Cofumunity Devel()Plllent Dire.ctor
Wagner)
The City authorized our consultants, Vanasse Hangen Brustlin, Inc. (VHB), to prepare the Master Plan for the Ocoee
Crown Point PUD, Phase I Infrastructure Design, and the Lake Apopka Pond including construction administration
services. A specified Scope of Services was outlined for each of these professional service contracts. The fees
associated with this work have been cost shared with the Orange County School Board as a partner in this venture.
Staff respectfully recommends that the Mayor and City Commissioners authorize payments from the Sun Trust Line
of Credit to VHB to cover Professional Services already undertaken with regard to Phase I Construction
Administration ($18,454.41) and those proposed in connection with the Scope of Services for the Residential Land
Sale ($50,000).
Commissioner Johnson seconded by Commissioner Hood, moved to authorize
payments from the Sun Trust Line of Credit to VHB to cover Professional
Services already undertaken with reaard to Phase I Construction Administration
{$18.454.41) and those proposed in connection with the Scope of Services for the
Residential Land Sale ($50,000). Motion carried 5-0.
II.Bowers Medi
Proceedings Rela
City Attorl1eYSoIik) **heard beforeItem#10
As part of the Old Winter Garden Road Widening Project, the City acquired Parcels 122, 123, and 124 through
condemnations. The property falls within Part B of the Old Winter Garden Road Widening Project. Orange County
is responsible for 100% of the project costs under an Interlocal Agreement. Pursuant to Florida Statutes, the City is
responsible for the reasonable expert fees and costs incurred by the Bowers in the eminent domain proceedings. The
City Attorney recommends that the City Commission approve the mediated settlement in the amount of
$127,500.00, the payment of $23,271.00 in expert fees and costs, and authorize the City Attorney or Assistant City
Attorney to execute a final judgment for these amounts.
Assistant City Attorney Solik gave a summary of the settlement process.
Commissioner Johnson seconded by Commissioner Parker, moved to approve
the mediated settlement in the amount of $127,500.00, the payment of $23,271.00
in expert fees and costs, and authorized the City Attorney or Assistant City
Attorney to execute a final iudament for these amounts. Motion carried 5-0.
Page 7 of9
City Commission Regular Meeting
December 6, 2005
Dis . on NaDlillg of Be Assistant Public
Wo irec lliott) 'This it moved and heard efi #
At the City Commission meeting on September 20, 2005, staff was directed to look into naming a street downtown
in honor of long-time resident Ben Griffin. At that time the City Commission directed the City Manager to have
staff present options for such a project and make a recommendation to that effect. City staff is offering the
following options as potential roadways that could be named Ben Griffin Drive: 1) The entrance into the City Hall
Complex, 2) The entrance into the new Public Works Facility, or 3) A roadway within a new subdivision.
Assistant Public Works Director Elliot gave a list of three options for naming a roadway after
Ben Griffin. Discussion occurred regarding the appropriate way to name streets, buildings, and
areas after people who have contributed to the City. Mayor Vandergrift suggested having a
"walk of fame" with sections or bricks dedicated to certain people and a discussion followed in
favor of that idea. Commissioner Parker said she would like to see the unveiling of the "walk
of fame" happen on Founder's Day next year. It was agreed that the City needs to put a policy in
place with criteria for who will be honored, and how they will be honored, for this dedication
and future dedications.
Consensus of the Commission was to have Commissioner Parker take this issue
to the Historical Commission to make recommendations on this issue and to
create a policv for future naminas of pathways. streets. parks. etc. which would
pay tribute to the residents who have contributed so much to the City.
I H. STAFF REPORTS
City Clerk Eikenberry - asked for direction from the Commission regarding Early Voting in
the March 2006 Election. Consensus of the Commission was to move forward with
an ordinance to "opt out" of the Earlv Votina. and have the Oranae County
Supervisor of Elections handle it.
Police Chief Goclon- discussed the "You Drink, You Drive, You Loose" program.
I I. COMMENTS FROM COMMISSIONERS
Commissioner Anderson 1) asked staff to coordinate with the Ocoee Youth Soccer League for
the event on Saturday when we receive the first part of the Field of Dreams Grant, and 2) asked
about looking into what could be done to habitual Code violators in the City.
Commissioner Johnson advised that the City of Winter Garden paid the high school marching
bands who participated in the Christmas parade and he feels that we should do the same.
Commissioner Johnson seconded bv Commissioner Hood. moved to approve a
payment of $700.00 each. from the Commission Continaencv Fund. to Ocoee
Hiah School and to West Oranae Hiah School. Motion carried 5-0.
Commissioner Parker - no comments
Mayor Vandergrift - 1) reminded everyone of the Dedication Ceremony at Ocoee High School
on Thursday 9:00 a.m., and 2) announced the "Nuns cracker," a musical comedy play at the
Ocoee High School.
Page 8 of9
City Commission Regular Meeting
December 6, 2005
I ADJOURNMENT
The meeting adjourned at 9:50 p.m.
Attest:
APPROVED:
City of Ocoee
S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
Page 9 of9