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08-04-09 MINUTES OCOEE CITY COMMISSION August 4, 2009, at 6:00 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 Chamgers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, and led by Commissioner Wilsen. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I B. PRESENTATIONS AND PROCLAMATIONS Presentation - 2009 School Grades and Changes for 2010 - School Board Member Christine Moore. Christine Moore, Orange County School Board Member said the board wants to be more interactive with the cities and other organizations and she will be visiting the Commission meetings periodically to give updates. She gave a PowerPoint presentation with regard to the new Grading System for schools that will not only rely on FCA T scores, but some additional new federal standards, measured in Washington. She gave an overview of the progress that had been made with scores in reading, math, writing, and science and added that this is the first year Orange County has not had an F school. She showed all schools that went up in grades. Commissioner Johnson said she should show the ones that went down also so they can see the whole picture. He said they are aware that Ocoee High School went down to a D grade. Ms. Moore stated that Ocoee High School, would have been a C but was penalized a whole grade because the "at risk students" who improved last year, did not improve again this year, and caused them to move from a C to a D. She stated that Principal Mike Armbruster had advised her that is primary concern is that every student graduates. There was discussion among the Commission and Ms. Moore with regard to building of new schools and that Ocoee is facing severe overcrowding at Clarcona and Spring Lake. Ms. Moore discussed the schools slated for Hackney Prairie and Ingram Road, but said nothing is concrete at this time due to budgetary constraints. Commissioner Hood stated that he did not feel it was fair for kids within the two mile radius of the school to be charged for the parking at the school, since they are not entitled to school bus transportation. I C. C'OMMENTS FROM CITIZENSIPUBLIC R. P. Monacky, 1820 Prairie Lake Blvd., asked about the parking spots in front of City Hall that are for 15 minutes only. He wanted to know if it was okay to park there at night for the Commission Meetings. He was told it would be fine. City Commission Regular August 4, 2009 I D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank (1) announced that the city is sponsoring the National Night Out this evening at Central Park. He thanked the police, fire, and parks and recreation departments for putting on the event. (2) said Friday, August 21, 2009, the city would be hosting the movie "Escape to Witch Mountain" by the pool. The cost is $1.25/adults or $ .75/children and refreshments will be sold. (3) advised that the before and after school program at the Beech Center begins registration this week and the cost is $25/week for before care and $30/week for after care. There are 150 slots available and questions can be directed to the Parks & Recreation Department at 407-905-3180. (4) said the city will be hosting a free Rain Barrel Workshop Saturday, September 12th, at 10 a.m. - 12 p.m. Residents will be able to decorate their own barrels and learn about the ecological benefits of using a rain barrel. Please call Diane Wagner at 407-905-3100 ext. 4009 to reserve your space. (5) reminded everyone that August 12,2009, is the ribbon cutting ceremony the grand opening of the new police station from 11 a.m. - 4 p.m. Also, that same evening at 6 p.m. is the first budget workshop in the Commission Chambers. g,"iY. Manager FranK reported that the applicant for Agenda Item #4, FX Design Group, has requested to continue to the August 18th meeting. He reminded the Mayor that he would have to then open the public hearing to continue that. He also notified commission of an Emergency Item on the dais tonight for the Bennett Senior Village Conceptual Site Plan. I E. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood - announced the little league would be having their fall ball registration on August 14-15 and 21-22 at the Flewelling complex. He said the cost is $50 plus a can good, which.will be donated to the food bank. He said that Pop Warner has begun and asked drivers to watch for children around the parks and playgrounds. Commissioner Wilsen - announced that on Monday, August 10th at 7 p.m. there will be a meeting in the Commission Chambers to discuss the wake issue at Lake Prima Vista. She invited interested residents to attend with any questions. COmmissioner Keller. - 1) thanked commission for moving up the meeting two weeks ago for him and his wife's surprise 25th wedding anniversary party. 2) reminded everyone that August 17, 2009 was the cut-offto register to vote in the Rose Hill Annexation election. May-or VandergrJf!J- announced that, on Thursday at 7 p.m. in his home, he would be meeting with some members of the Florida Lakes Symphony Orchestra to work on scheduling an outdoor symphony concert in Ocoee. He said that Heartland of America would be playing in Mount Dora on Thursday, in Clermont on Friday August 19th, and in Ocoee at the high school August 20th, if they can raise sufficient funds. He read a thank you letter that was received from Texas Equisearch regarding the help during the search for Tracy Ocasio; they said Ocoee was a town full of. spirit! Page 2 of7 City Commission Regular August 4, 2009 I F. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of July 7,2009, and July 21, 009. (City Clerk Eikenberry) Approved on Consent. Motion carried 5-0 2. Approval of Purchase of Replacement Dr. H20 Costume. (Utilities Director Smith) The Utilities Department's POWR Program would like to replace the Dr. H20 costume as the current costume is worn out and the cooling system no longer works. Utilities recommends the costume be purchased from Alinco Costumes, in the amount of $8,805.00, which includes a custom Dr. H20 costume, a cooling system and costumes for assorted events in the community. This item was pulled from the Consent Agenda and heard separately. ComD.1issioner Wilsen expressed concern for spending $8800 on a costume during this tight budget year. Commissioner Johnson agreed. Utility Director Smith explained that $5600 is for the mascot costume and cooling system and remainder of the money is for additional costumes for various events. Diana Wagner felt that it was a worthwhile expenditure because Dr. H20 is the mascot for many events and adults and children really enjoy him. Mr. Smith noted that the water saver program could still ~e very successful even without Dr. H20. Commissioner Wilsen, seconded by Commissioner Johnson, made a motion to deny the expenditure of $8805 for Dr. H~O. Motion carried 3-2, with Mayor Vanderarift and Commissioner Keller opposed. I G. FIRST READING OF ORDINANCES - Public Hearing 3. Changes to the Ocoee Land Development Code. (Advertisedfor Public Hearing on July 23,2009. Second Reading and Public Hearing scheduledfor August 18,2009). (principal Planner Rumer) The City's Land Development Code (LDC) does not specifically defme or list transfer stations in the permitted use regulations, as most Industrial uses are grouped into either the 1-1 (Restricted Manufacturing and Warehousing) or the 1-2 (General Industrial) zoning classifications. In order to more adequately site transfer stations, staff is proposing to amend the City's LDC regulations for transfer stations. a. Addition to Definition in article II, Subsection 2-4 b. Change in Article V, Subsection 5-7 Public Building and Services c. Change in Article V, Table 5-1 Permitted Use Regulations City Attorney Rosenthal read the title of Ordinance 2009-021. Principal Planner Rumer explained the changes to be made to the Land Development Code. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the public hearing was closed. Mayor Vandergrift announced that the second reading and Public Hearing will be heard on August 18, 2009 at 7: 15 p.m. or as soon thereafter as practical. Page 3 of7 City Commission Regular August 4, 2009 I H. PUBLIC HEARINGS 4. FX Design Group, LLC - Preliminary/Final Subdivision/Site Plan. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on July 23, 2009). (Senior Planner Howell) The subject property is approximately 20.89 acres in size and is located on the west side of the intersection of Lakewood A venue and Laurel Ridge A venue. The Preliminary/Final Subdivision/Site Plan proposes the construction of a light industrial subdivision that will contain an addition to the existing FX building, flex space units, and office space. Mayor Vandergrift said this item will be continued at the request of the applicant. Mayor Vandergrift opened the Public Hearing. No one wished to speak. Commissioner Keller, seconded by Commissioner Johnson. moved to continue this item at the next reaular Commission Meetina on Auaust 18. 2009 at 7:15 p.m. or as soon thereafter as practical. Motion carried 5.0. Emergency Item- Bennett Senior Village Conceptual Site Plan Community Services Director Shadrix advised that this item is an emergency due to the timeline for the funding cycle that the applicant is trying to meet. Creation of the conceptual site plan will allow them to move forward with the project. If approval is delayed it could delay the project for another year. Mayor Vandergrift declared this an emergency item. Mr. Shadrix continued by stating that this project for Bennett Senior Village is part of the Downtown Ocoee at Lake Bennett PUD and fits well into the overall design plan. The developer, Randy June and his associates has agreed to our urban design standards and created a design plan includes a walk-able and multi-model environment. He added that staff is applying for a Tiger Grant for the design of main street. He said an NRP is one of the most well known multi family developers in the country; their representative is here tonight; this organization has won many awards for their work. Mr. Shadrix showed various elevations of Bennett Senior Village and said it will create the feel of a main street urban village. He said staff recommends approval and there is a list of conditions of approval that allow us to continue with our standard development process. There will be a percentage of this development that will be low income housing; projects that are working the best are a high-end mixture of uses such as this one. He said staff feels it will be successful considering the quality that will be proposed around it and design standards that will be part of the CRA overlay. Commissioner Johnson asked about the road system. Mr. Shadrix said it is part of the PUD application under review that we are working on; the conceptual plan cannot be built until there is an approval of the Downtown Ocoee at Lake Bennett PUD. They are in discussions with the applicants over the road network and they are preparing a Tiger Grant ($22 million) jointly with the applicants which would be designed to capture traffic off of State Road 50 (SRSO). Commissioner Johnson asked if there is anything the City can do to improve our chances to get the grant. Mr. Shadrix said CIP Manager Al Butler went to a professional grant writing seminar to learn what the primary points should be, but one of the main focuses would be the modeling to prove that we are relieving traffic on SR50. City Manager Frank said there is only $1.5 billion available for the whole country, so even though we have a great project we may not be able to get the $22 million that we are seeking. Page 4 of7 City Commission Regular August 4, 2009 There was further discussion about the road systems and large thoroughfares vs. smaller town multi-model networks. Mr. Shadrix said they are trying to create some pockets of true urban development where people can park their car and have a number of unplanned exchanges such as shopping, dining, entertainment, etc. Commissioner Keller, seconded by Commissioner Johnson, approved the Conceptual Site Plan for Bennett Senior Villaae per staff recommendations and includina a list of conditions of approval as provided in the staff report. R.P. Monacky, 1820 Prairie Lake Blvd, clarified the location of Lake Bennett and asked about connecting roads. Commissioner Johnson said we are not going to build a development out there without connecting city roads. After the discussion, motion carried 5-0. I I. REGULAR AGENDA 5. Legal Service Providers and Their Associated Costs. (Assistant City Manager Croteau) At the June 16,2009, City Commission Meeting, the Commission directed staff to provide to them a list oflegal firms who perform work for the City and the 12 month cost of those firms. The list contains ten firms. Two of these firms, Alcade & Fay and Gray Robinson, work as legislative consultants for the City. Bryant, Miller, & Oliver act as bond counsel for the City. Christiansen & Dehner provide support to the pension boards and they are paid and selected by the pension board/fund. That leaves six firms that provide legal support for the City ranging from advice on redevelopment issues, to code enforcement issues, to general legal matters. It should be noted that per the City's Purchasing Policy and Ordinance No. 2005-014, Section 21.8, Legal Services are exempted from our purchasing procedures and attorneys can be appointed by the Commission at their discretion using any method or process they see fit. Assistant City Manager Croteau said that staff was directed to bring back information with regard to legal fees that were paid out by the City to various attorneys over the last twelve months. She said that a spread sheet has been included with the agenda item that shows those expenditures. She noted that the hiring of attorneys is exempt from our purchasing policy and therefQre can be appointed by the Commission at their discretion using any method or process they see fit. An attorney can be hired in any way the Commission deems necessary. Mayor Vandergrift said we have a large amount of money going out to many of these attorney firms with no contract explaining their fee system. He said that he felt the City should look into other alternatives for hiring attorneys, including the possibility have having an attorney on staff who could also act as the city's lobbyist. After a brief discussion regarding the fees; there was no motion from the Commission in support of making any changes. Page 5 of7 City Commission Regular August 4, 2009 6. Homes in Partnership, Inc. - 2009 Annual Appreciation Dinner Sponsorship. (Commissioner Johnson) Commissioner Johnson explained that this is an event that we have attended in past years and asked if the Commission was interested in purchasing a corporate table in the amount of $750.00. There was discussion of unnecessary expenditures in a tight budget year; no motion was made to support the cost/attendance of this event. 7. Consideration of Cancelling the September 1, 2009, Regular Commission Meeting. (City Manager Frank) Due to the number of Commission meetings scheduled for August and September 2009. Staff recommends consideration of cancelling the September 1, 2009, Regular Commission Meeting. .. August 4th - Regular Commission Meeting · August 12th - Budget Workshop · August 18th - Regular Commission Meeting · August 19th - Budget Workshop . September 1 st - Regular Commission Meeting · September 9th - Budget Public Hearing · September 15th - Regular Commission Meeting · September 23rd - Final Budget Public Hearing · September (TBA) - CRA Budget Meeting Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve the cancellation of the reaular Commission Meetina on September 1, 2009. Motion carried 5-0. I J. STAFF ACTION ITEMS - none I K. COMMENTS FROM COMMISSIONERS Commissioner Keller - 1) reminded everyone in Rose Hill about registering to vote by August 17th in the upcoming election regarding the annexation. 2) said on August 21st (at 7:30 p.m.) there will be a movie by the pool. The movie featured will be "Race to Witch Mountain". Commissioner Johnson - 1) informed residents that August 12th and August 19th at 6:00 p.m. are the budget workshops; September 9th and 23rd at 7:00 p.m. are the budget public hearings. Commissioner Wilsen - 1) said Monday, August 10th @ 7:00 p.m. in the Commission Chambers there will be discussion about Lake Prima Vista and the "no wake" issue. All are invited to give their input. Commissioner Hood - said he would like to see the City purchase sponsorship for Ocoee High School as has been done in the past where the City would get banners hung at the three athletic fields for various sporting events. Commissioner Hood, seconded by Commissioner Keller, moved to purchase a sponsorship in the amount of $600 from Ocoee Hiah School to have banners placed on the three athletic fields. Motion carried 4-1, with Commissioner Wilsen opposed. Page 6 of7 City Commission Regular August 4, 2009 Mayor Vandergrift - 1) asked Public Works Director Krug how close to completion was the computer system that will allow for the reporting of pothole sightings around the City. Director Krug said the system is currently in use for reporting pot holes and other items and they hope to have it up and running within a month for reporting of bulk yard materials; there were some GIS issues to be resolved. He added that they will inform the residents of the new procedures once the new system is in place 2) reported a small sinkhole at the corner of Coventry and Essex 3) asked about the possibility of the City displaying 'scenic drive' signs along he lakefront and/or 'historic drive' signs along Oakland. Director Krug said that they have created various signs, but he wants to submit them to the city manager before bringing them before the commission. 4) asked if the signs for Ocoee's 'Tree City' status were ever obtained. Director Krug replied that they were received but he is not sure if they were installed last week while he was on vacation, he will check into that in the morning. 5) said Opening day for Ocoee High School is August 24th and he asked that the road leading to the school be readied by mowing and edging and making sure the proper signage is in place. Director Krug stated that the fountain was struck by lightning, but it is being replaced. It will be ready in time for the school opening. Commissioner Johnson - said he met with Principal Armbruster and asked for the commission's approval to place signs from the old Ocoee High School at the new Ocoee High School location. He said they discussed placing one in the middle of the school and one in the traffic circle going into the school. They are currently stored at the city yard and the other is erected at the baseball field. City Manager Frank stated that they (the staff) can go and take a look at the signs. Mayor Vandergrift - The Ocoee High School Alumni Association is meeting this evening. The mayor wanted to empress upon everyone that there is an alumni association now. He added that at one time, the Ocoee mascot was the owl. The school was referred to as the Ocoee Owls. The mayor' said that here should be of the Knights, Cardinals and Owls. The high school's class reunion will be held October 3rd. Commissioner Hood - Thanked the police chief and his staff for the National Night Out. IADJQURNMENT The meeting was adjourned at 8:50 p.m. Attest: APPROVED: City of Ocoee ~!!d~ Page 7 of7