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02-16-10MINUTES OCOEE CITY COMMISSION February 16, 2010, at 6:00 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 6:00 p.m. in the Commission Chambers of City Hall. Pastor Steve Horan. New Covenant Church of Brethren gave the invocation, followed by the Pledge of Allegiance to the Flag, and led by Commissioner Keller. 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 B. PRESENTATIONS AND PROCLAMATIONS State Legislative Update -Gray-Robinson Legislative Consultants Frederick W. Leonhardt, Chris Carmody, and Robert Stuart gave a PowerPoint overview of issues in the current legislative session. Discussed League of Cities Priorities which are: Amendment Four, Red Light Camera bills, Public Notice Rule Modification, Alternative Energy Development, Lien Superiority for Cities, Education regarding Amendment 4, Police and Fire Pension Reform, Revenue Caps and allowing Cities to govern themselves, Unfunded Mandates, Water Management District Government. They advised that Wednesday, March 24, 2010 is League of Cities Legislative Day and it is a good day for elected officials to be there. They further stated the following; they are working with City Attorney Rosenthal to find a good legislative fix to the Colony Plaza issues; the City should be informed regarding the FDOT projects work plan in the Ocoee area and they provided a map showing those projects; they discussed upcoming elections and possible changes in the legislative structure on the county and state level. Commissioner Keller asked about Senator Constantine's bill with regard to the mini sewer lift station on single home properties. Mr. Stuart said he will provide them with information that Senator Constantine is circulating to quell some of the misinformation; and Mr. Carmody further added the fact that there is still a lot of opposition, including our representative; it would be difficult to get this bill passed. They informed the Commission that anytime any of them want to visit Tallahassee, to let them know a few days in advance and they will make sure their time there is extremely productive. Acknowledgement of School Board Chair Candidate Leona Rachman in the Audience. Update on St. Patrick's Day Festival on March 20, 2010 -Firefighter James Kelley- Mr. Kelly gave an update on the charity event to be held at Bill Breeze Park on the Saturday after St. Patrick's Day; he stated there will be a car show, food cook off, parade, and live entertainment. This is to benefit Building Homes for Heroes, and he gave a summary of how the organization goes about building homes for war veterans. Presentation of Peace Pole to the City of Ocoee by the New Covenant Church of the Brethren -The Peace Pole was given to the City Of Ocoee with hopes that it would be planted in the ground in the area of the Bill Breeze Park or Memorial Park. Peace poles are international City Commission Regular February 16, 2010 symbols of peace and carry the message "May Peace Prevail on Earth" This pole was carried in the Unity Parade on Martin Luther King Jr. Day and has the message in eight languages symbolizing the residents of Ocoee. and the message is written in English, Spanish, French, Chinese, German, Arabic, Portuguese, and Russian. The Pastor advised this pole could be placed over a 4X 4 wooden pole and will last a long time. Presentation of Improvement Project at the Abandoned African American Cemetery - Lester Dabbs, West Orange Reconciliation Task Force. Mr. Dabbs said that ground penetrating radar proved that it will be unlikely that any gravesites will be able to be located at the cemetery. He thanked the City for the money that has been provided to this project in the past. Proposal that was faxed to them last Friday includes landscaping concepts for the front entrance area. Mr. Hayes has reviewed and approved the plan. There was some discussion whether they would use Oak, Crepe Myrtle, or tabbouleh trees as the six large trees. Mr. Dabbs said they would like the Commission to approve the plan and approve the estimated $500-$600 to connect the water to the landscape once it is completed. Joey Scott, said this is an Eagle Scout Project; they worked with the surveyor on the ground penetrating radar but confirmed that nothing could be located with any certainty. Mr. Scott said much of the landscape (trees and mulch) has been donated. Jesse Scott said this is an important project and he hopes the Commission will approve it. Mayor Vandergrift stated he would like to make this a memorial park with one large gravestone and plaques representing those people who are buried there. Mr. Dabbs said that has been discussed by the task force for future projects. He said tonight he would like to get this Eagle Project done and he is willing to contribute money to get this done. He hopes that they can use some of the $3000 to fence the area. Mayor Vandergrift stated he would like to have staff look into using tabbouleh trees in place of Crepe Myrtle or Oak. Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the plan as presented and contribute $500 for the water supply to the landscaping. Motion carried 5-0. C. COMMENTS FROM CITIZENS/PUBLIC- none D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank gave the following report: 1. No changes to the agenda tonight 2. Clarke Road Rehabilitation Project -Project will begin on March 1St between 9:00 am and 4:00 pm; there will be lane closures at the end of March and beginning of April. There will be variable message boards to alert residents of the exact day and time of the closures. 3. Central Park Improvements- next phase begins March 1, 2010. This will be a reconstruction of interior roadways, construction of overflow parking, lighting improvements, and an addition to the fishing pier. 4. Political Forum for Candidates in District 1 & 3 will be held in the Commission Chambers on February 24, 2010, at 7:00 p.m. Page 2 of 9 City Commission Regular February 16, 2010 Flood Plain Update- City Engineer Wheeler said after discussions with FEMA, they proposed for the City to do a map revision with regard to Pond #4. One of our Consultants, Pegasus Engineering, has given us a proposal for approximately $11,000. We have a city surveyor doing a survey on some of the floor slab elevations to see if we can work with residents to get them eliminated from the Flood Plain area. At this time it will cost about $16,000 of the City's funds. Mayor Vandergrift explained how this Flood Plain would cost some of the Sawmill residents thousands more dollars in insurance than what they are paying now. Commissioner Keller said it is 25 homes in Sawmill around the retention pond that were placed in the Flood Plain. Residents are getting a 45 day notice from their banks saying they have to get flood insurance at a cost of $2500 - $5000. Most people have gone to the National Flood Plain insurance, as recommended by FEMA, and they quoted the high prices. One resident lost a sale on a home due to the increased insurance rate. Commissioner Keller, seconded by Commissioner Hood, moved to approve the expenditure not to exceed $16,000 for the engineer and surveyor to assist with getting the Flood Plain Map changed to remove certain city residents. The funds will be taken from stormwater capital proiects and a request will be sent to FEMA for reimbursement of such funds. Motion carried 5-0. E. COMMISSIONERS ANNOUNCEMENTS ~ F. CONSENT AGENDA ~ Commissioner Keller 1) asked about the resurfacing of Clarke Road and when a road closure may occur between AD Mims and Clarcona Ocoee. City Engineer Wheeler said the contractor feels they can close one lane at a time, but they are waiting to get the plans from him. We will be ensuring that residential neighborhoods are able to get through; he will bring the plans back once they get them from the contractor. 2) stated that it is important for residents to understand that the upcoming Election includes Charter changes so residents in all districts need to come out and vote. City Clerk Eikenberry stated that all of the ballot questions are on the City website and people can link to the actual redlined sections of the Charter and show changes. Commissioner Johnson 1) Florida Lake Symphony Orchestra will present the Heartland American Concert on February 20, 2010 at 7:00 p.m. at Ocoee High School. Tickets will be $10. 2) The Ocoee Women's Club will host a Political Forum on February 24, 2010, 7:00 p.m. in the Commission Chambers. Commissioner Wilsen- no announcements Commissioner Hood-no announcements 2.. Approv~t to Expend h'or~feiture I1'unds to Purchase lnvestig Chief Brovvn) Page 3 of 9 va... .~ s. ~.~....~....- -.J Approved on Consent Motion carried 4-0 with Mayor Vandergrift away from the dais. City Commission Regular February 16, 2010 Leads Online is a company that compiles data from second-hand dealers the instant such dealers enter merchandise descriptions and sellers' information into their system. Subscribing law enforcement agencies may search the system to locate pawned stolen property nationwide helping to solve cases and recover property much more quickly than through traditional methods. The police department wishes to expend not more than $6,000 from its Police Forfeiture Fund to purchase a one year subscription. As the service is unique, proprietary, and offered nationwide out of Dallas, Texas and there are no distributorships, the department wishes a waiver from purchasing requirements that may require additional pricing quotes. As this is a first year program, forfeiture funds are being used. Should the Ocoee Police Department wish to continue using it, subsequent years' subscriptions would be funded from the department's budget. Approved on Consent. Motion carried 4-0 with Mavor Vandergrift away from the dais. 3. Approval to Grant Forfeiture Monies to Central Florida Crime Line. (Police Chief Brown) Central Florida Crime Line assists law enforcement agencies in removing undesirable individuals from the community by providing up to $1000 rewards to anonymous people who provide tips that lead to felony arrests. In the last twelve months, Crime Line received over 11,000 tips which resulted in 957 arrests and recovered over $1,000,000 in property, as well as, over 100 weapons. During that time, it gave out rewards totaling $240,575. Crime Line relies upon donations to exist. The Ocoee Police Department benefits from tips passed along through Central Florida Crime Line and wishes to help support them by granting $5,000 from its forfeiture fund to Crime Line. Crime Line is available at 1-800-423-TIPS, 24 hours a day, 365 days a year. Approved on Consent. Motion carried 4-0 with Mavor Vandergrift away from the dais. 4. Approval of Public Works Site Access Improvements. (Public Works Director Krug) Site Access Improvements for the Public Works facility were funded in previous budget years and carried forward. The access improvements completed to date have included fencing the entrance road leading to the Public Works building and installing the underground conduit for the automated gate and access system that will operate off of the same access system used at the Police Station and Utilities facilities. The next phase of the improvements is to resurface the access road to allow the in-pavement vehicle detectors to be installed. The vehicle detectors are part of the gate system purchase order previously issued by the City. The total cost of the milling, resurfacing and extra depth base repair to facilitate the installation of the vehicle detectors is $26,861.20 based on the proposal from The Middlesex Corporation which will piggy back off of the Seminole County Term Contract for Pavement Management Program, IFB-600562-09/GMG. Public Works solicited quotes from other vendors; however, the quote from The Middlesex Corporation was the lowest. Public Works recommends awarding a not to exceed amount of $28,000.00 to cover any unforeseen additions to this work. Approved on Consent Motion carried 4-0 with Mavor Vandergrift awav from the dais. 5. Approval of FY 2009-2010 Resurfacing Program. (Public Works Director Krug) The Public Works Team is proposing to resurface the following local City roads: • Majestic Elm Blvd. • Cedar Point Ct. • Caballero Ct. • Caballero Rd. • Adeleide Ct. • Baranova Rd. • Dela Key Ct. • Little Spring Hill Dr. (Della Key Ct. to Wurst Rd.) • Little Spring Hill Dr. (Wurst Rd. to N. Durango Ave.) • Spring Bluff Ct. • 17~' Ave. The total cost of resurfacing these streets is $213,438.50 based on the proposal from The Middlesex Corporation which will piggy back off of the Seminole County Term Contract for Pavement Management Program, IFB-600562-09/GMG, dated April 23, 2009. Public Works solicited quotes from other vendors; Page 4 of 9 City Commission Regular February 16, 2010 however, the quote from The Middlesex Corporation was approximately $25,000.00 lower than the next closest bid. Commissioner Hood confirmed with Public Works Director Krug that residents would be notified prior to the resurfacing. Mr. Krug said once this is approved by Commission they will be hanging door hangers. Commissioner Johnson confirmed that there is a short section of 17tH Avenue that is in the Ocoee city limits. Approved on Consent. Motion carried 4-0 with Mavor Vandergrift away from the dais. 6. Approval of 3-Year Lease-Purchase of New Vehicles for FY 09/10. (Purchasing Agent Tolbert) The budget for Fiscal Year 09/10 includes the lease-purchase of twelve (12) new and replacement vehicles; ten of these are for the Police Department and two are for the Public Works/Mowing Crew. The Florida Sheriff s Association and other governmental agency bids were reviewed for the best pricing based on factors such as price and options available. The City of Ocoee participates each year in the FSA co-op bid, and the bid encompasses dealerships in the Western, Northern, Central, and Southern parts of the State of Florida. Approved on Consent. Motion carried 4-0 with Mayor Vandergrift away from the dais. 7. Amend the Existing ARRA Funding Agreement with the Florida DOT to Reflect the Actual Contract Price. (CIP Manger Butler) The City of Ocoee received funding up to $1,675,000 from the Florida Department of Transportation (FDOT) for rehabilitating the pavement on Clarke Road north of Silver Star Road as part of the 2009 American Recovery and Reinvestment Act (ARRA) stimulus program for transportation. These funds were for construction and engineering inspection of the work and were based on historical construction costs and are provided through the FDOT Local Agency Program (LAP). Due to current economic conditions and the resulting increase in competitive pricing for construction work of this type, bid prices reduced the total project cost to $1,157,651.82. As a result of these lower costs and the need to utilize all ARRA funds in a timely manner, FDOT has asked the City to agree to a reduction in project funding to the level of actual contract pricing. Approved on Consent. Motion carried 4-0 with Mavor Vandergrift away from the dais. G. PUBLIC HEARINGS 8. Prairie Lake PUD - 2"d Reading of Ordinance adopting Substantial Amendment to the Land Use Plan. (Advertised in the Orlando Sentinel Legal Classified on Thursday, February 4, 2010). (Principal Planner Fabre) The Prairie Lake PUD/Land Use Plan was officially approved by the City Commission on April 16, 1991. Then it was later amended twice, once on June 4, 1996, and on December 16, 2003. The existing Prairie Lake PUD Land Use Plan indicates that Townhomes, Patiohomes and Villas are all permitted uses on Tract "G"; however, due to the current market conditions, the applicant/owner has requested to add Assisted Congregated Living Facility (ACLF), Nursing Home, Two-Family Dwelling and Single-Family Dwelling as permitted uses for Tract "G". The proposed ACLF/Nursing Home development standards, if approved, would be limited to a maximum of 300 assisted living units with a maximum building height of 4 Stories/55 feet. The other requested uses will use the existing residential development standards for Prairie Lake PUD. Accordingly, the Land Use Plan was amended to reflect the Applicants' request. This requested Land Use Amendment will only affect Tract "G" of the Prairie Lake PUD. Accordingly, the existing Development Agreement will also have to be amended. City Attorney Rosenthal read the title of the Ordinance. Principal Planner Fabre gave an overview of the amendments to the Land Use Plan and said staff recommends approval. The applicant is present to answer questions and show a study they did with regard to the height elevation and the line of sight. Page 5 of 9 City Commission Regular February 16, 2010 Commissioner Hood asked how much lower the finished foundation elevation will be than Clarke Road. Justin Coats of PRJL, said the existing grade is 10 feet lower along Clarke Road and substantially higher on the other side. It minimized the first floor. The engineers will determine exact elevations later, at this time they are projecting 10 feet based on previous development of townhomes. He said the significant amount of tall trees and foliage along the road and the 55 ft elevation of the project does not crest the top of the tree line. The developer showed slides they took with a cherry picker with a 50 foot extension right at the tree line that could not be seen from Clarke Road. He said this shows how the tree line protects the line of sight of the residents. Mayor Vandergrift opened the Public Hearing. Holly Blankenship, 2201 Lauren Beth Avenue, was opposed to the 55 foot elevation of the project. She said she represents the homeowners on the lake to the west side of this projected development. This is a commercial building; they expected there would be future development but not a five story commercial building. Odette Taylor, 2020 XX, opposed to the height of the building Kay Nette, Wentworh Subdivision, opposed to height of building R.P. Monacky, 1820 Prairie Lake Blvd., asked what was going to happen to Clarke Road and who was paying for it. Commissioner Keller said there is no road widening going along with this project, but the land has been given for the right of way for future widening, but it is not happening at this time. City Attorney Rosenthal said the original Prairie Lakes PUD, the developer constructed Clarke Road and received 1) road impact fee credits and 2) and in the Development Agreement received an alternative road impact fee schedule which froze the road impact fees based on the rates in place at the time. In this particular case, the cost of the road exceeded what the road impact fees would have been for the build out of the project. So, there were actually excess road impact fee credits, but the city prohibited any transfer of those credits outside of the development. There is a proposed Developer Agreement in the agenda packet which says with respect to the adult congregate living facility and nursing home use, if the property were to be put to that use, they would not get the alternative road impact fee schedule in the original Developer Agreement, they would have to pay based on the existing road impact fees because there wasn't this type of use in place at the time the calculation was made. Another question is whether or not this particular developer has road impact fee credits associated with the project which could be used to pay whatever the impact fees might be; that is a private matter between Silvestri Investments and this developer and does not involve the City. If Silvestri does provide them with credits, they would be able to use it at the current rates; they would only receive the alternative road impact fee schedule if it remains a single family development or townhome project as contemplated in the original plan. Mr. Rosenthal added that there are no current plans to four-lane Clarke Road. When the project was originally built by Silvestri Investments they provided land for four-laning of the road and they build two lanes on the eastern side. If future development requires that the road go to four lanes, the land is there and would not have to be acquired by the city, as well as two western lanes being built without disrupting the flow of traffic. He said there is no requirement to widen the road at this time. Commissioner Hood clarified that now that another developer is going in there they could receive the impact fee credits and not have to pay impact fees. City Attorney Rosenthal stated that it was anticipated that all development with Prairie Lakes would be done using the impact fee credits with the exception of annexed land that was not part of the original Page 6 of 9 City Commission Regular February 16, 2010 Prarie Lake PUD. Commissioner Keller asked if we will get impact fees for the assisted living facility because that is at the higher rate. The developer said Silvestri has given them 60 road impact fee credits at this time. Mr Rosenthal said that equates to a cash value of 60 times the single family home fee under the alternative old schedule. That would be converted to a cash credit against whatever their impact fees are for the assisted living facility. Principal Planner Fabre said determination of impact fees will require a traffic study to see what the impact of the assisted living facility vs. the original PUD. R.P. Monacky asked who will pay for this, growth is supposed to pay for itself. City Manager Frank said when the road is four-laved it will come out of the traffic impact fee account; it will not be tax dollars. Len Panelli, Wentworth Townhomes, 1796 Fretwell Court, clarified that the developer wants the option of all three, single family, townhomes, and ACLS, and asked about the location of the assisted living building. The developer showed him on the map where it will be built. Mr. Panelli clarified that the retention pond is directly across from the proposed building, so there will be no one from Wentworth directly across. Mr. Panelli said he is in favor of an assisted living facility vs. townhomes. There was discussion about the residents on Lake Meadow on the west side of the proposed development. They are '/2 mile away from the development and there are trees obstructing the view. Dan Blankenship, Lauren Beth Avenue, said if the developer is being built to enjoy the view of the Lake, which means if they can see the Lake, residents on the Lake will see them. The trees there are two low to block the view. Mayor Vandergrift clarified that on the west side of the property there will be no tall buildings. There will be another public hearing on the large scale site plan with notice to the property owners. Development Services Director Shadrix stated that they were concerned about the height issues and required some additional analysis before they approved this. He stated he would be prepared to show how it would look from the west side as well when the site plan comes back before the commission. Mayor Vandergrift closed the Public Hearing. Commissioner Hood said he cannot support the height of this building. Mayor Vandergrift stated that to avoid urban sprawl you have to be prepared to build up. Commissioner Johnson said they will have to look at the site plan; the height of the buildings go down as you go to the back of the property. City Attorney Rosenthal said there is a memo on the dais correcting scrivener's errors in the ordinance and the Development Order to add a reference to single family and two family. It was in the notice to the property owners, but was not in the materials in you agenda packet. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Ordinance No. 2010-XXX authorizing the Substantial Amendment to the Land Use Plan as recommended by staff and including the scrivener's error corrections Page 7 of 9 City Commission Regular February 16, 2010 made by the city attorney this evening. Motion carried 4-1, with Commissioner Hood opposed. City Attorney Rosenthal said the Fourth amendment to the Development Agreement of Prairie Lakes PUD still needs to be approved. He said it ties in the zoning and makes it consistent with the Development Agreement for the PUD, addresses the road impact fee, and addresses transportation concurrency. Staff recommends the City Commission approve. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Fourth Amendment to the Development Agreement of the Prairie Lakes PUD and authorize the execution thereof by the Mayor and City Clerk. Motion carried 4-1, with Commissioner Hood opposed. H. REGULAR AGENDA 9. Appointment to the Planning and Zoning Commission. (City Clerk Eikenberry) Ordinance No. 89-19, creating the Planning and Zoning Board, as amended by Ordinance No. 99-09, requires the selection of nine (9) members that must be City residents; an attempt must be made to select persons from different geographical districts and with experience or interest in fields relating to Planning and Zoning (including architect, engineer, general building, contractor, real estate agent, lay person). There are currently eight (8) members on the board. The term of Member Frank Morris has expired, and he has indicated an interest in being considered for reappointment. Mr. Morris has been a member of the Planning & Zoning Commission since June 2004, and in the last year has attended 9 of 11 meetings. Additionally, due to the resignation of Darlene Rhodus there is one (1) open seat for this board. Currently, four (4) applications are on file from Ocoee Residents Carolyn Alexander, Glenda Dunn, Owen Kelley, and William Maxwell who have all indicated their interest in being a member of the Planning & Zoning Commission. There was discussion regarding the Districts of current board members and that three of the four applicants are in district two. Commissioner Johnson stated member Frank Morris is in District 1 and not 2, therefore District 3 is the only district with only one member on the board. He asked if the appointment could be postponed so that he can find a member from District 3. Commissioner Johnson, seconded by Commissioner Hood, moved to reappoint member Frank Morris to the Planning and Zoning Board for a three year term and to postpone the appointment of a new member until the next meeting to see if an applicant can be located from District 3. Motion carried 5-0. I. STAFF ACTION ITEMS None J. COMMENTS FROM COMMISSIONERS Commissioner Hood - no comments Commissioner Wilsen - 1) stated that at the last meeting computers were given to residents of the Bordeaux Condominium who were present at the meeting and all arrangements had been Page 8 of 9 City Commission Regular February 16, 2010 made in advance without any other Commissioner's knowledge. She said it is not fair to surprise them with this decision, especially when they had to vote on surplusing the computers. She asked that this does not happen again in this way. Commissioner Johnson said the whole Commission should have had a right to discuss this process. Mayor Vandergrift said he went to staff with regard to one person needing a computer and it made a quantum leap to 13 computers. He did not remember that there needed to be a vote to surplus the equipment. He apologized for the way it was handled. 2) said Chick-fil-A is having a charity event for Saving Young Hearts by selling hearts that will hang in their restaurant and getting AED units placed in schools. 3) the Spring Fling is March 27, 2010, from loam-3pm. She said it a free day and residents should attend to learn and become enlightened. Commissioner Johnson-1) addressed an earlier comment that the Mayor falsely made that Commissioner Hood was moving to Tennessee; stated that you can't legislate ethics. Commissioner Hood stated that he had a conversation with the Mayor that he sold his house in Tennessee, so he felt it was just a political ploy. 2) Little League opens on February 27, 2010 at Ocoee Elementary School Commissioner Keller 1) reminded people to vote on the Charter Changes as well as the Commissioners in District 1 and 3. 2) asked if the bond came through from Waste Works. City Attorney Rosenthal stated there was one minor change made and then it was executed and delivered. Commissioner Vandergrift 1) said he has addressed his issues with poor memories and he now recalls that he and Commissioner Hood had a conversation about him selling his property in Tennessee. There was no political ploy, it is just his bad memory. 2) said there are several pole lights out down on the lake front and others out in the south end of the Community Center parking lot. ADJOURNMENT Meeting adjourned at 9:35 Attest: ~~~ ~~~~ Beth Eikenberry, City Clerk APPROVED: City of Ocoee ~~ S. Scott Vandergrift, yor Page 9 of 9