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HomeMy WebLinkAboutItem 01 Approval and Acceptance of the Regular City Commission Minutes of May 3, 2005 OCOEE CITY COMMISSION Agenda 5/17/2005 May 3, 2005 at 7:15 P.M. Item 1 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 Anderson led the Invocation and Principal Mike Armbruster led the Pledge of Allegiance to the Flag. Acting City Clerk Brasher called roll and declared a quorum present. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Johnson, and Commissioner Parker. Commissioner Howell was absent. Also Present: City Manager Frank, City Attorney Rosenthal, and Acting City Clerk Brasher. B. PRESENTATIONS AND PROCLAMATIONS Promotion of Firefighter Carl Curtis to Rank of Engineer. (Fire Chief Firstner) Introduction of Three New Firefighters—Ronald Howard, Colin McCormick, and Timothy Setter. (Fire Chief Firstner) Presentation—Ocoee High School-Principal Mike Armbruster. (Mayor Vandergrift) Principal Armbruster unveiled the Ocoee High School mascot. Proclamation—Building Safety Week—May 8th-14th. (Building Official Phelps) C. COMMENTS FROM CITIZENS/PUBLIC Ocoee High School Alumni Association presented Principal Armbruster with a brick from the "Old"Ocoee High School. Faith Toeci — 322 Meadow Sweet Court, voiced her concerns with the low pay scale of the Ocoee Police and Fire Department. D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson announced the National Day of Prayer ceremony would be held on Thursday, May 5 at 12:00 p.m. at the City of Ocoee gazebo. Commissioner Parker—None Commissioner Johnson—None Mayor Vandergrift-None E. CONSENT AGENDA. Commissioner Anderson, seconded by Commissioner Parker, moved to pull Items #4, #6, and #7 from the Consent Agenda for discussion. Motion carried 3-0 with Commissioner Johnson away from the dais and Commissioner Howell absent. Page 1 of 8 City Commission Regular Meeting May 3,2005 1 Approval and Acceptance of the Regular City !Commission Minutes of Apr 19,;2005. (City Clerk Eikenberry)! 2. Appointment of Ryan Colbert to Citizen Advisory Council of the Ocoee Police Departments (CityClerk Eikenberry) The Citizen Advisory Council for the Police Department is a twenty-five(25)member council and currently has two(2)vacant seats. The council's purpose shall be to promote and maintain communication,cooperation and a positive relationship between the citizens of the City of Ocoee and the Ocoee Police Department. Council members serve a term of three (3) years. Only one application was on file for the CACOPD, therefore staff recommends the City Commission consider appointing Ryan Colbert as Member of the Citizen Advisory Council for the Police Department for a three-year term ending on January 2008. 3. Reappointments of John Resnik and Fred Wilsen to the Board of Adjustment. (City Clerk Eikenberry) Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This Board consists of five(5)regular members and two(2)alternate members. At this time there are five (5) regular members and no alternate members. The three-year term of John Resnik, Scott Kimbrell,and Fred Wilsen ends May 2005. Mr.Resnik and Mr.Wilsen have indicated they are willing to serve another term, if reappointed. Mr. Kimbrell does not wish to be reappointed. Member Resnik and Member Wilsen have attended three out of four meetings during their current term beginning May 2002. 4. Consideration to Purchase 25 Tasers from Police Forfeiture Funds. (Police Chief oclon) Tasers have been proven to reduce officer and resistant subject injuries during confrontations that turn physical or which have the propensity to turn physical. The Ocoee Police Department wishes to supply its officers with Tasers to help protect themselves and others during such incidents. The Tasers and related equipment would be purchased out of Police Forfeiture Funds. . P B d r �,.5'^w�'z 5. Consideration of Nat Approval for Windstone at Ocoee -� Phase 2. (City Engineer feeler) This plat is for Windstone at Ocoee-Phase 2,which consists of a 64 unit single-family residential development. Windstone at Ocoee-Phase 2 is located on the south side of Clarcona-Ocoee Road,just a quarter mile west of Apopka-Vineland Road. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. 6 Consideration of Change Order No.2 with Master Site Development,Inc. forthe Ocoee Crown-Point PUD Phase I Infrastructure Project. (City Engineer Wheeler) The Ocoee Crown Point PUD Phase 1 Infrastructure project includes the installation of the roadway and utilities for the first phase of the development. The water main extension into the development connects to the water main installed for the Westyn Bay development. When the contractor was installing the new pipeline, it was discovered that the pipeline across the entrance to Westyn Bay was only 12 inches in diameter. Staff and VHB, Inc.,the design engineer,determined that the short section of 12-inch pipeline would not allow for meeting fire flow requirements at the new school. Therefore, it was determined that the 140 linear feet of 12-inch pipeline needed to be replaced. The amount of the change order is an increase of$55,360.00, with an increase in contract time of 14 da s. r. 2 7. Consideration of Change Order No.3 with Prime Construction Group,;Inc. for the Old Winter Garden Road/Professional Parkway Project. (City Engineer Wheeler) The Old Winter Garden Road/Professional Parkway project included upgrades to the Orange County Utility system,addition of a reuse system,and improvements to the existing utilities and stormwater systems within the road project limits. Change Order No. 3 includes one adjustment to the Orange County Utility system, one Page 2 of 8 City Commission Regular Meeting May 3,2005 addition to the reuse system, and one change to the overall road project. The amount of the change order is an increase of$17,982.60,,.with no adjustment in contract time. PULLED FROM CONSENT AGENDA FOR DISCUSSION 7. Consideration of Change Order No.3 with Prime Construction Group Inc.for the Old Wi City Commission Regular Meeting May 3,2005 information. Chief Goclon said the insurance company has said there would be no additional premiums due with the use of Tasers. Without objection, it was the consensus of the Mayor and City Commission, to approve the implementation of Tasers with the conditions that extensive Taser training and a Taser Policy would be in place, and reviewed by the City Manager before any Tasers are issued to the officers. Consent Agenda Vote: Commissioner Parker, seconded by Commissioner Anderson, moved to approve the Consent Agenda Items 1 through 7, with the understanding that Tasers would not be used until Taser training and a Taser policy were in place. Motion carried 4-0 with Commissioner Howell absent. F. PUBLIC HEARINGS 8. Ingram Trails Preliminary Subdivision Plan. Advertised Sentinel Orange Extra, Thursday, April 21,2005 (C'ommunity Development Director Wagner) The Ingram Trails property includes approximately 20.482 acres. The property is located on the southwest side of Ingram Road near the intersection of Ingram Road and Clarcona-Ocoee Road. The subject property contains a house, several agricultural buildings as part of a former horse farm operation, with a mixture of secondary growth trees at the north 1/3 of the property. Community Development Director Wagner presented the Staff Report for Ingram Trails. He asked that the developer consider installing rod-iron fencing along the West Orange Trail on west side of the property due to the close proximity of the West Orange Trail and the golf course. Mayor Vandergrift said he would like to see sufficient lighting at the entrance of all subdivisions in the future and asked that Confederate Jasmine be used instead of fencing on the West Orange Trail section of this project. Chad Morehead, representing Madden Engineering, and Scott Benson, representing Centex Homes, were available for questions. The Public Hearing was opened. Scott Benson, representative from Centex Homes, stated they would be willing to work with Staff for fencing along the West Orange Trail section of the subdivision. He further stated there would be sufficient lighting at the entrance of the subdivision. Commissioner Parker said she would like to see "shadow box" fencing along the trail section of this project. It was the consensus of the City Commission to have "shadow box" fencing along the trail section of this project. R.P. Mohnacky, 1820 Prairie Lake Blvd., asked what the lot sizes would be. Community Development Director Wagner said the lot sizes are±75' X 120'. The Public Hearing was closed. Page 4 of 8 City Commission Regular Meeting May 3,2005 Commissioner Parker, seconded by Commissioner Anderson, moved to approve Ingram Trails Preliminary Subdivision Plan, as date stamped received by the City on April 6, 2005, with the condition that "shadow box" fencing is used along the West Orange Trail boundaries. Motion carried 4-0 with Commissioner Howell absent. 9. Wesmere Properties a. Wesmere Properties - Preliminary Subdivision Plan. Advertised Sentinel Orange Extra, Thursday,April 21,2005. (Community Development Director Wagner) The Wesmere Property site is located on the east side of Maguire Road, north of Cross Creek subdivision and south of the Florida Turnpike. The subject property comprises of three lots and nine tracts totaling 100.23 acres. Lot 1 is proposed to be commercial and contains 14.10 acres; Lot 2 is proposed as a future elementary school site and contains 13.50 acres; and Lot 3 is proposed as residential town homes (Villages of Wesmere) and contains 49.48 acres. The nine tracts include a lift station, a master wet detention pond covering 16.99 acres, buffers and future right-of-way for the extension of Tomyn Boulevard, east of Magurie Road. The property is zoned Multiple-Family Dwelling (R-3) and General Commercial (C-3) and is designated as High Density Residential and Commercial on the Future Land Use Map(FLUM). Planning Manager Armstrong presented the Staff Report for Wesmere Properties Preliminary Subdivision Plan. Community Development Director Wagner voiced his concerns with the width of the access road leading to the school site and said this issue needs to be addressed. Jonathon White, representing Morrison Homes, and Jon Wall, representing Miller-Legg, were available to answer questions. The Public Hearing was opened. As no one wished to speak, the Public Hearing was closed. Commissioner Johnson, seconded by Commissioner Parker, moved to approve the Preliminary Subdivision Plan for Wesmere Properties, as date stamped received by the City on April 1, 2005. Motion carried 4-0 with Commissioner Howell absent. Mayor Vandergrift left at 8:30 p.m. b. Villages of Wesmere - Preliminary Subdivision Plan. Advertised Sentinel Orange Extra, Thursday,April 21,2005. (Community Development Director Wagner) The Villages of Wesmere is located on Lot 3 of the Wesmere Property Subdivision. More specifically, it is located on the east side of Maguire Road,north of Cross Creek Subdivision and south of the Tomyn Boulevard extension. The subject property will comprise of 369 fee-simple townhome lots on 49.48 acres. The property is zoned Multiple-Family Dwelling (R-3) and is designated as High Density Residential on the Future Land Use Map(FLUM). Planning Manager Armstrong presented the Staff Report for Villages of Wesmere Preliminary Subdivision Plan. Jonathon White, representing Morrison Homes, and John Wall, representing Miller-Leg, were available to answer questions. Page 5 of 8 City Commission Regular Meeting May 3,2005 The Public Hearing was opened R.P. Mohnacky, 1820 Prairie Lake Blvd., asked to see the proposed town home designs. Planning Manger Armstrong presented renderings of the proposed town homes. Commissioner Johnson read into record an email from Bob Jensen, 102 Carisbrooke Street, stating his concerns with regards to the traffic impact from this project. Commissioner Johnson said that as a representative of District 3, he would like to see the developer use clay tile roofing products and have all utility lines underground. Discussion ensued regarding increased traffic, lack of a traffic signal, usage and availability of roofing tiles, and underground utility lines. Jonathon White said there has been a shortage of clay roofing tiles and clay tiles may not be available but tile like products are available. City Attorney Rosenthal suggested adding the following condition of approval: Town homes will be constructed with tile or tile like products unless the developer demonstrates to the City that there is a supply issue preventing that type of roofing product. The Public Hearing was closed. Commissioner Johnson, seconded by Commissioner Parker, moved to approve the Preliminary Subdivision Plan for the Villages of Wesmere, as date stamped received by the City on April 1, 2005, with the following conditions: 1) At Final Subdivision Plan, the applicant will prepare a traffic signal warrant analysis for the intersection of Wesmere Parkway and Maguire Road; and, 2) Sidewalks on south side of Street I, between Street J and Street G, at the tot lot, be increased to 6' wide; and, 3) Town homes roofs will be constructed with tile or a tile like product unless the developer demonstrates to the City that there is a supply issue preventing that type of roofing product. Motion carried 3-0 with Mayor Vandergrift and Commissioner Howell absent. 10, Plantation Grove PUD, Phase 3, Lot 2 - Large Scale Preliminary Site Plan. Advertised Sentinel Orange Orange Extra, Thursday,;April 21,2005 " (Community Development Director agner) The Plantation Grove commercial subdivision is located on the northeast corner of Maguire Road and Moore Road, with Phase 3, Lot 2 being located directly south of the Publix Shopping Center, east of the Hess gas station. The subject property comprises of a single lot totaling 7.94 acres, is zoned Commercial Planned Unit Development (PUD) and designated as Commercial on the Future Land Use Map (FLUM). Staff has determined that the proposal is consistent with the approved PUD plan, the Preliminary Subdivision Plan and the Final Subdivision Plan for Plantation Grove. Conditions of Approval affecting this portion of the site in the original PUD have been incorporated into the plans. The Plantation Grove Phase 3, Lot 2 Large Scale Preliminary Site Plan is proposed to be developed with commercial uses in four (4) phases. Phase 1 is proposed to include a 21,520 square foot General Business building with approximately 13 tenant spaces;Phase 2 is proposed to include a 3,820 square foot AmSouth Bank, with five(5)drive-thru lanes;Phase 3 is proposed Page 6 of 8 City Commission Regular Meeting May 3,2005 to include a 6,000 square foot high-quality restaurant; and Phase 4 is proposed to include a 8,000 square foot building which will function as either a restaurant, retail or daycare use. The out parcels will not be sold fee- simple,but will be leased. Community Development Director Wagner presented the Staff Report for Plantation Grove PUD, Phase 3, Lot 2, Large Scale Preliminary Site Plan, including three (3)waivers. Greg Farrell, representing Unicorp Development, was available to answer questions. The Public Hearing was opened. Commissioner Johnson asked if the developer would include a fountain in the front retention pond. Community Development Director Wagner said the front retention pond is a dry retention pond. Mr. Farrell said they would be willing to contribute to a fountain for the pond on Maguire Road if the City would be responsible for the remaining balance due for the fountain. The Public Hearing was closed. Commissioner Johnson, seconded by Commissioner Parker, moved to approve the Large Scale Preliminary Scale Site Plan for Plantation Grove Phase 3, Lot 2, as date stamped received by the City on April 1, 2005, including the three (3) waivers. Motion carried 3-0 with Mayor Vandergrift and Commissioner Howell absent. G. REGULAR AGENDA 11. Selection of a Member of the Commission to Serve on the Educational Incentive Committee. (City Clerk Eikenberry) The Educational Incentive Committee is comprised of the City Manager, the Human Resources Director, a Commissioner, and an elected employee. The purpose of this committee is to make determinations about paying for tuition and books for employees seeking education, based on certain requirements and on the value of the education to the City of Ocoee. Without objection, Mayor and City Commission nominated Commissioner Parker to serve a one(1)year term on the Educational Incentive Committee. H. STAFF REPORTS 12.Update on Ordinance Amending Chapter 78 of the Code of Ordinances Relating to Fire Prevention. (Fire Marshal Stanley) City Attorney Rosenthal stated there would be a re-write of this Ordinance and a First Reading would be brought back at a later date. Page 7 of 8 City Commission Regular Meeting May 3,2005 I. COMMENTS FROM COMMISSIONERS Commissioner Parker—Asked that the application for the Community Merit Review Award Board be changed so it does not exclude any organization or charity in Ocoee as long as the funding is for more than one (1) individual and as long as they prove they are using the funds as indicated on the application. Commissioner Parker, seconded by Commissioner Johnson, moved to clarify and/or change the CMRAB application to include all groups, not lust certified charities. Motion carried 3-0 with Mayor Vandergrift and Commissioner Howell absent. Commissioner Johnson— 1) Stated that since the trash collection route has changed, he has received numerous calls regarding missed trash collection and he would like this issue resolved. 2) Asked City Engineer Wheeler to announce the Ocoee Lion's Club Golf Tournament on Saturday, May 7, at 12:45 p.m. 3) Wished a get well to Charlie Brown. Commissioner Anderson— 1) Read an email from Henry Morgan stating that his trash was not collected. 2)Wished a get well to Mayor Vandergrift and Commissioner Howell. 3) Said Sleepy Harbour Subdivision has been in infested with Water Moccasin snakes. City Manger Frank said the Fish and Game Commission have been contacted and they said a trapper who specialized in these types of snakes would need to be contacted. ADJOURNMENT The meeting adjourned at 9:15 p.m. APPROVED: Attest: City of Ocoee Brenda Brasher, Acting City Clerk S. Scott Vandergrift, Mayor Page 8 of 8