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04-21-15 MINUTES April 21, 2015, at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Grogan. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. B. PRESENTATIONS AND PROCLAMATIONS Proclamation — May 2015 - Building Safety Month Mayor Vandergrift read his proclamation and proclaimed May as Building Safety Month. Assistant City Manager Shadrix accepted the proclamation on the Building Department's behalf. Presentation - Development Services Department Permit Review Fees City Planner Rumer gave an informative PowerPoint presentation highlighting the commercial and residential plan review fees for Ocoee as well as some similar size cities in Orange County and Seminole County. Questions were addressed by the City Planner after his presentation. C. COMMENTS FROM CITIZENS/PUBLIC Anissa Bolton, of Choice Legal Group, advised that she carne before the Commission in March regarding a lien reduction on a property for which her firm did the foreclosure work. The Commission granted a reduction of fine to be paid within 30 days [April 5 however, they missed the deadline due to the property not closing on time. She is before the Commission asking if they would grant her an extension through tonight. A brief discussion ensued regarding the lien reduction amount. Ms. Bolton had a check in hand to pay the reduced fee. Commissioner Wilsen, seconded by Commissioner Keller, moved to accept payment tonight !April 21, 20151 for the reduction of fine for Case 07 -106 and 10- 049 in the amount of $4244.23, subject to the City verifying those are the correct cases and correct amounts. Motion carried 5 -0. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the Parks and Recreation Department is pleased to present the Spring Special Event & Wedding Show. The Special Event and Wedding Show will be on May 15, 2015, from 5pm to 1Opm, Lakeshore Center. The venue will be open to display and introduce exhibitors and event professionals to the community. A Bridal Fashion Show sponsored by local boutiques will be at the Withers- Maguire House -Lawn beginning at 7:30pm. For more information contact the Parks and Recreation Department at 407 - 877 -5803. This is a free event open to the public. Regular City Commission April 21, 2015 E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — 1) announced the Ocoee Family Aquatic Facility will open for the 2015 season on Saturday, May 2nd starting at 11:00 a.m. Information on the pool hours and admission costs can be found on the city's webpage www.ocoee.org or by calling the Parks and Recreation Department at 407 - 905 -3180. 2) announced the Parks and Recreation Department has begun accepting registration for its Summer Camp Program. Registration is now open for residents and non - residents, ages 5 to 12 years. The Summer Camp will run from June 8th to August 21st. For more information contact the Parks and Recreation Department at 407 - 905 -3180. Commissioner Johnson — announced the Public Safety Academy — April 9, 2015, through June 11, 2015, 6:OOPM- 9:OOPM The Ocoee Police Department and Fire Department is hosting the second annual Public Safety Academy. If you have any questions, please contact Officer Patera Scott -Marsh at (407) 905 -3160 ext. 3024 or Patera.ScottAocoee.org. 2) announced the Handgun Safety Class - April 25, 2015, at 8AM. This class will cover terminology, safety, shooting basics and legal considerations. Applications for State of Florida Concealed Weapon permits will be on hand. The class is free, but limited to the first 20 eligible participants. Participants under the age of 18 must be accompanied by an adult. Preference will be given to Ocoee residents, but others may fill available seat. If interested please contact Officer Patera Scott at 407 - 905 -3160 ext. 3024 or at Patera.Scott @ocoee.org. Commissioner Wilsen — announced Ocoee Lions Club will be hosting its 11 Annual Golf Tournament at Forest Lake Golf Course on May 8 There is a 7AM registration with 8:15AM shot gun start. Anyone wanting information may contact David. Wheeler or Jim Sills with the Ocoee Lions Club. Commissioner Wilsen further inquired if the City has it budgeted for a foursome. City Manager Frank confirmed that it was. Lions Club Member David Wheeler advised that the City typically has a team and is a Hole Sponsor. The Hole Sponsor is $150 and the foursome entry fee is $280. The Commission or their appointees may contact Executive Assistant Gequita Cowan or Executive Assistant Tiffany Shafer if interested in being on the team. The Commission, without objection, asked that the City sponsor a hole and foursome entry. Commissioner Grogan — announced the Community Picnic — Saturday, May 16, 2015, from 11:OOAM- 2:OOPM. The Ocoee Police Department will be hosting their 6th annual Community Picnic at Central Park (560 Flewelling Drive). There will be free food, drinks, raffles and games for everyone. If you have any questions, please contact Officer Patera Scott -Marsh at (407) 905- 3160 ext.3024 or at Patera.Scottnocoee.org F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Grogan, moved to approve the Consent Agenda Items #1 through #9. Motion carried 5 -0. 1. Approval of Minutes for the Regular Commission Meeting Held April 7, 2015. (City Eikenberry) Approved on Consent. Motion carried 5 - 0. 2IPage Regular City Commission April 21, 2015 2. Appointment to the Citizen Advisory Council for Ocoee Fire Department. (City Clerk Eikenberry) Members of the Citizen Advisory Council for Ocoee Fire Department serve three -year terms. The Resolution creating the Board allows no more than fifteen (15) members. The board currently has eight (8) members. One application has been received to serve on the Board from Mark Scalzo; therefore, staff recommends the City Commission consider appointing Mark Scalzo to the Citizen Advisory Council for Ocoee Fire Department with a term ending November 1, 2018. Approved on Consent. Motion carried 5 -0. 3. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry) 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; Nathaniel Briggs has expressed his interest in serving on the board. Staff recommends that the City Commission consider appointing Mr. Briggs to the Human Relations Diversity Board with a term ending May 2018. Approved on Consent. Motion carried 5 -0. 4. Appointment to the Planning & Zoning Commission. (City Clerk Eikenberry) On February 9, 1999, Ordinance No. 99 -09, was adopted requiring nine (9) members that must be City residents for the Planning and Zoning Commission. Currently, the board has (8) members and there is one (1) application on file for this board. Nathanial Briggs has expressed his interest in serving on the Planning & Zoning Commission. Staff recommends that the Honorable Mayor and City Commissioners consider appointing Nathanial Briggs to the Planning & Zoning Commission with term ending February 2018. Approved on Consent. Motion carried 5 -0. 5. Award of B15 -05 Asphalt Paving Projects for FY 2015. (Purchasing Agent Tolbert) The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision, materials, equipment, supplies and incidentals for the asphalt paving projects for fiscal year 2015 for approximately four (4) miles of roads within the Sawmill Subdivision (Log Jam Ct., Woodridge Ct., Millstream Rd., Water Wheel Ct., Woodgrain Ct.); Meadows Subdivision (Little Aspen Ct., New Meadows Ct., Fort Collins Ct., Meadows Sweet Ct.); Bay St.; West Ohio St.; Floral St.; Lake Olympia Club Subdivision (Olympia Dr., Acropolis Dr., Adriatic Dr.); Ocoee Hills Rd.; Ridgefield Ave.; Ocoee Lakeshore Center Parking Areas; and Bluford Avenue (Columbus St. to Maine St.). The bid was publicly advertised on March 8, 2015, and opened on April 7, 2015. There was a total of six (6) bids received ranging from $426,526.15 to $630,353.50. The Public Works and Finance Departments reviewed all bids received and all were considered responsive. Staff recommends awarding the bid to The Middlesex Corporation for $426,526.15 as the most responsive and responsible bidder, per the recommendation from Steve Krug, Public Works Director. Approved on Consent. Motion carried 5 -0. 6. Authorization for Use of County Solid Waste Management System. (Public Works Director Krug) The City has historically utilized the County solid waste management system to dispose of residential and commercial solid waste. The interlocal agreement between the City and Orange County expired in September, 2011. On October 18, 2011, the City Commission ratified a letter of intent from the County to continue to receive County solid waste management services under the terms of the expired interlocal agreement until a new agreement was reached. The County Commission re- evaluated their rate structure ultimately lowering the tipping fees to the City's benefit from $37.10 to $33.60 per ton. 3IPage Regular City Commission April 21, 2015 The City continues to negotiate towards a new agreement and is currently awaiting County input on the incentives to be offered for entering into a new contract. The City Commission previously authorized use of the County solid waste management system through April 30, 2015. While interlocal agreement negotiations continue, Public Works seeks City Commission authorization to continue to use the County solid waste management system to dispose of residential and commercial solid waste until a new agreement is reached or April 30, 2016. Approved on Consent. Motion carried 5 -0. 7. Approval of 2015 Annual Major Water Line Replacement & Upgrade Program — Nay Avenue & Whittier Avenue Water Main Project. (Utilities Director Smith) Annually, staff requests funding to make repairs and upgrades, and to extend the City's potable water distribution system, which ensures continued and /or improved service to the City's customers. This year, to extend water service and provide redundant (looping) backup, staff recommends the Nay Avenue & Whittier Avenue Water Main Project. This project provides looping from 1st Street to 2nd Street and extends south on to Nay Avenue for 445 feet. A later project will pick -up from the end of the Nay Avenue main extending south to Silver Star Road. The second project will include a looping element and provide service to properties on the north side of Silver Star Road. Proposals (bids) for the construction of the project were requested from the City's prequalified Small Construction Project — Continuing Term Contract list with four proposals received. Staff recommends contracting with Barracuda Construction in the amount of $99,847.97, with the listed special conditions, and approval of $5,000 for associated construction administration costs for a total project amount of $104, 847.97. Staff also recommends that the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted amount for this project for all change orders. Approved on Consent. Motion carried 5 -0. 8. Approval of Emergency Purchase for Replacement of the Broadcast Booth Air Conditioner. (Support Services Director Butler) Staff was required to replace the air conditioner in the City Hall Broadcast Booth as a result of failure of the original unit. Temperatures in the room exceeded 85 degrees, which presented a danger to the equipment and an adverse working environment for city staff. Upon investigation, it was determined that the original unit was seriously undersized for the application, which resulted in its failure through excessive runtime. The city's competitively chosen AC repair firm, Apple Air Conditioning & Heating, Inc., did the work at a total cost of $6,888.00. The replacement was undertaken as an emergency action authorized by the City Manager. Since the cost of the unit exceeds $5,000, the city's purchasing rules require the City Commission to create a new capital budget item for the work and to move funds budgeted for other purposes to cover the cost. Approved on Consent. Motion carried 5 -0. 9. Approval to Purchase a Quantum DXi4701 Data Backup Appliance from CDW -G at the Cost of $17,229.00. (Support Services Director Butler) It is vital for the city to be able to recover its data and computer operating software whenever a fatal failure occurs. The city acquired a Quantum DXi4701 Backup Storage Device with City Commission approval in August 2014. This device provides onsite data backup storage at City Hall and contains a copy of all original data located throughout city government. However, having a single backup of static data is not sufficient to ensure continued operation of the city, particularly considering the presence of outside windows and a fire sprinkler protection system in the City Hall server room. Staff recommends that the City Commission authorize the purchase of a Quantum DXi4701 backup data appliance with deduplication capabilities, an initial storage capacity of 19TB, and technical support services for a total cost of $17,229.00. Approved on Consent. Motion carried 5 -0. 4IPage Regular City Commission April 21, 2015 G. PUBLIC HEARINGS ..... ............................... 10. City Center West Orange — Preliminary Site & Subdivision Plan. (Advertised in the West Orange Times on Thursday, April 9, 2015). (Principal Planner Fabre) The City Center West Orange project is generally located south of Maine Street east of Bluford Avenue and north of W. Colonial Drive (SR 50) adjoining Lake Bennet. This project is proposing to construct a 2,401,204 square foot mixed use commercial, office, and multi - family development on approximately (Parcel 2) 15.84 acres. The rest of the project parcels (Parcels 1, 3 and 4) will be for right -of -way, open space, stormwater abatement and possible future development. The total site area is approximately 54.74 acres of which 15.2 acres are designated as wetlands. The site is currently undeveloped and covered with a mixture of pine trees, oak trees and other varieties of trees scattered around the property. The Developer is requesting four (4) waivers from the Land Development Code. All of the requested waivers are consistent with the CRA Target Areas Special Development Plan for Target Area 2; therefore, staff supports all the waivers as requested. City Planner Rumer gave a brief presentation on the proposed Preliminary Site /Subdivision Plan. The following information was covered in his presentation: • Subject project location • Proposed development - a 2,401,204 square foot mixed use commercial, office, and multi - family development • Subdivision aspect — consist of five (5) lots and three tracts of land • Access into the subject site • Beautification features • Amenities (bike rack, benches, planters, etc.) Commissioner Grogan inquired about Maine Street since currently only a portion of that street done. City Planner Rumer advised that as part of the traffic analysis in mitigation the applicant will pave Maine Street from the eastern property edge all the way to Blackwood as well as build in the internal roads. It was asked if a fountain would be included in the project. City Planner Rumer advised there is no stormwater on the site so there is no fountain being proposed to date. Commissioner Wilsen brought up some of the concerns that were addressed at the Planning and Zoning Commission such as the air rights which they experienced with the Colony Plaza. It was explained that this project would differ in that it is not a timeshare with multiple owners. Brief discussion ensued regarding condos. Commissioner Wilsen additionally stated that the Planning and Zoning Commission discussed having road infrastructure improvements completed prior to vertical construction. City Planner Rumer advised that the board's concerns were coming from the avenue of funding a project of this size and making sure buildings were not going up without roads. The City requires substantial road completion in order to get to the vertical construction. Further discussion ensued regarding some concerns Commissioner Keller had with the intersections that were shown in the exhibits. Mr. John Amm, Developer, gave a brief overview presentation on the project which explained: • Elevations for many of the building being proposed • Roadway completion; proposing to be done after the vertical construction is done • Landscaping • Urban community Commissioner Keller inquired if a bridge would be built from the hotel to the amenities. Mr. Amm answered that there would be a connectivity from the hotel to the amenities. 5 (Page Regular City Commission April 21, 2015 R.P. Monackey, 1820 Prairie Lake Blvd, inquired what type of fire equipment would need to be purchased to service the building. Fire Chief Miller advised they have a mutual aid agreement with Winter Garden/Orange County so with the resources they have the City would be in good shape. Mr. Amm further added they will also be sure to meet the fire code requirements and will be installing fire sprinklers or whatever is required by them from the fire department to make the building safe. Mayor Vandergrift inquired about construction time and when they would be expecting to open. Mr. Amm advised that for the vertical construction it would be about 18 months. A brief discussion ensued regarding parking and access to the amenities located at the top of the parking garage. Commissioner Wilsen inquired what other projects have the developer already accomplished. Mr. Amm advised Park Central Drive [MetroWest] and Waterford Lake Park [Alafaya Trail]. Further discussion ensued regarding the process after approval is made on the Preliminary Site /Subdivision Plan. Mayor Pro Tem Grogan opened the public hearing. As no one wished to speak the public hearing was closed. Commissioner Johnson, seconded Commissioner Keller, moved to approve City Center West Orange — Preliminary Site & Subdivision Plan per staff's recommendation. Motion carried 5 -0. ,11. Ocoee Crown Point Property Sale to Mattamy Homes. (Advertised in the Orlando Sentinel on Tuesday, April 14, 2015). (City Attorney Cookson) The City Commission previously selected Mattamy Homes as the preferred purchaser of the Ocoee Crown Point residential property owned by the City and directed City Staff to negotiate a purchase and sale agreement with Mattamy Homes. Pursuant to Section C- 8(B)(1) of the City Charter, the City Commission must approve the sale at an advertised public hearing. The purchase and sale agreement does not become effective until approved by the City Commission. City Attorney Cookson explained that they have been working with the contractor Mattamy Homes which the Commission selected as the preferred purchaser of the Ocoee Crown Point residential property. They have come up with a contract that is consistent with the Letter of Interest "LOI" that they had submitted. Pursuant to the City Charter any purchases over $100,000 it will need Commission approval after an advertised Public Hearing. City Attorney Cookson gave a brief summary of the purchase and sale agreement and advised that the developer has signed the contract. Commissioner Grogan inquired if anything has changed since the Commission's last discussion. City Attorney Cookson said the agreement is essentially the same as what they had discussed regarding the basic terms, purchase price, and closing. Mayor Pro Tem Grogan opened the public hearing. As no one wished to speak the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Ocoee Crown Point Property Sale to Mattamy Homes per staff's recommendation. Motion carried 5 -0. 6'Page Regular City Commission April 21, 2015 H. REGULAR AGENDA ; 12. Resolution Establishing a Policy for Citizen Appointment to Certain City Advisory or, Volunteer Boards. (City Attorney Cookson) The City of Ocoee encourages citizen participation in City government. Based on the needs of the City and requirements of Florida law, the City has established a number of advisory boards to which citizens can apply. Because of the unique nature of service on certain citizen boards, and to avoid any inadvertent violation of the Florida Constitutional requirement that prohibits dual office holding by certain volunteer officeholders, staff recommends that no person shall serve on more than one of the following boards: 1) Code Enforcement Board. 2) Board of Adjustment, 3) Violations Hearing Board, 4) Planning and Zoning Commission/Local Planning Agency, 5) Police Officers & Firefighters' Retirement Trust Fund Board of Trustees, 6) General Employees' Retirement Trust Fund Board of Trustees City Attorney Cookson read the title of the resolution. He further explained that, because of the dual office holding stipulations in the Florida Statutes, staff recommends that, in order to avoid any possible conflict, no person shall serve on more than one of the following boards: 1. Code Enforcement Board 2. Board of Adjustment 3. Violations Hearing Board 4. Planning and Zoning Commission /Local Planning Agency 5. Police Officers and Firefighters' Retirement Trust Fund Board of Trustees 6. General Employees' Retirement Trust Fund Board of Trustees City Attorney Cookson inquired from the City Clerk as to how many members would this affect. City Clerk Eikenberry advised this will only affect one member who is currently serving on two of these boards. City Attorney Cookson said the resolution is written so that this member can serve out full term on the one of the boards he is serving and then make a decision as to which board he would like to remain on. City Manager Frank said they are not in necessarily in violation of Florida Law because the definition of "officer" is not clear as it pertains to dual office holding, but are just trying to avoid coming into this situation in the future. City Clerk Eikenberry added that the Attorney General's Office has rendered many opinions on dual office holding and they may want to consider seeking an opinion in the case if this one board member wishes to remain on both boards. City Attorney Cookson stated that, rather than table the issue, he would like to get the resolution approved and he or the City Clerk can speak with the board member and ascertain if he would like to voluntarily resign, or if further action needs to be taken. Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve Resolution No. 2015 -006, per staff recommendation, with contact being made to the one affected board member to determine if future action is needed. Motion carried 5 -0. The resolution, as approved carries the following title. RESOLUTION NO. 2015-006 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A POLICY FOR CITIZEN APPOINTMENT TO CERTAIN CITY ADVISORY OR VOLUNTEER BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 7IPage Regular City Commission April 21, 2015 13. Appraisal Report on Property Available Adjacent to City - owned Property ' on Kissimmee Ave. (Support Services Director Butler) Staff was asked to compile infonnation regarding property located on South Kissimmee Avenue north and south of West Floral Street. This block of property is located adjacent to and immediately to the south of property the city recently purchased from Crittenden Langley at the intersection of South Kissimmee Avenue and West McKey Street. The property consists of four parcels, all currently owned by Certi -Fine Fruit Co., Inc. Staff hired Property Valuation & Consulting, Inc. (Winter Garden, FL) to provide a fee appraisal of the subject property. For the purposes of the appraisal, the two contiguous industrial properties were treated as a single unit. The appraised market value for the entire property was $247,000, with individual appraised values being: - $191,000 for Parcels A & B (2.0 ac. Industrial) - $19,000 for Parcel C (0.19 ac. Residential) - $37,000 for Parcel D (0.37 ac. Residential) Support Services Director Butler explained that staff was asked to get an appraisal on the property located on South Kissimmee Avenue north and south of West Floral Street, just south of another parcel recently purchased by the city. He displayed an overhead map and explained the parcels adjacent parcels as to ownership and zoning, etc. The appraised market value for the all parcels under this ownership was $247,000. Commissioner Grogan inquired why they would want Parcels C & D and not just A & B because it does not appear to benefit us in any way. Support Services Director Butler advised those parcels could be used for employee parking, storage facility, retention pond, etc. City Manager Frank said if the commission directs that they want to move forward on buying this, we will have to get creative with financing; the hurdle will be to get the owners to come down on the price that they have asked for that property in the past. Commissioner Grogan asked to clarify what the next steps should be; we cannot pay $600,000 for a property that appraises for $247,000. There was discussion about eminent domain and condemnation and how costly it would be. Commissioner Johnson said we need to acquire this one way or another or sell back the other property the city just bought. This is an important parcel that we need to move forward with the plans that the commission has been discussing. Support Services Director Butler added that there are a few other things that will need to be dealt with on the property: a small portion of the property in the southwest comer is part of the 100 year Flood Plan and there is an osprey nest on the located on the property. There was discussion about raising taxes to get some projects moving forward in the City. Commissioner Wilsen said many of the residents she spoke to are in favor of paying a little more taxes to bring downtown projects to the city. City Manager Frank said that he would like to get some flexibility with price, if the appraisal comes in at $247,000 he doubts they will be able to get a contract for that. Commissioner Wilsen asked if this parcel will play into the downtown corridor that we are studying. City Manager Frank said if we have this property it could change the recommendations of the study. With the downtown being as old as it is, we will need more properties for stormwater, etc. He felt that if they are serious about moving forward with the downtown corridor, then it would probably be a good idea to get this property. There was discussion regarding bonding the money. Commissioner Wilsen noted that it is going to be a tough budget year, but this year we have the $100,000 grant and we need to move forward. There was additional discussion about no visible drainage in Winter Garden. Mr. Butler advised as an example, our drainage that was needed when we built up the Lakeshore Center area was located further upstream away at public works in an agreement that was made with SJRWMD. Consensus of the Commission, without objection, to direct staff to negotiate with the owners with some flexibility between the appraisal and the sale amount, and bring back a number to the commission for approval. 8 IPage Regular City Commission April 21, 2015 I. STAFF ACTION ITEMS - None J. COMMENTS FROM COMMISSIONERS Commissioner Keller — announced May 6 he would like to host a Community Meeting regarding the Charter USA property on the corner of AD Mims and Clarke Road. He wants to get a postcard out to the residents so they can come out and ask the developers questions or express concerns. Commissioner Johnson — said he has been working with the family of Aubrey Clark, the 10 year old who was struck and killed by a vehicle, and they agreed it would be a fitting memorial to name that access road behind Burger King "Aubrey Clark Drive "; he would like to have two signs placed there officially naming the road in her memory. The Commission, without objection, agreed to name the road Aubrey Clark Drive and said they would like to have a ceremony to when the signs are placed there. Commissioner Wilsen — said that when Commissioner Grogan hosted the Community Meeting for Gated Communities there was a resident who asked about having the city set up meeting where HOAs would be able to get together and discuss city issues. Commissioner Grogan and Commissioner Keller advised that they have meetings within their own districts, but feel that they should host their own joint meetings should they feel the need to do so. Commissioner Grogan said he will bring it up again at the next meeting he has with them. Commissioner Grogan — None ADJOURNMENT Meeting adjourned at 9:10 p.m. APPROVED: Attest: City of Ocoee ikenberry, City Cler S. Scott Vandergrift, Mayor 91Page