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III (A) Approval and Acceptance of Minutes of Commission Regular Meetings of June19, 2001, July 17, 2001, and Pre-Budget Work Session of June 13, 2001. Also Minutes of the Westridge PUD Community Meeting held July 18, 2001
Agenda 8-07-2001 DRAFT Item III A MINUTES OF THE OCOEE CITY COMMISSION PRE-BUDGET WORK SESSION HELD JUNE 13, 2001 CALL TO ORDER Mayor Vandergrift called the Pre-Budget Work Session to order at 7:06 p.m. in the Commission Chambers located in City HaII at 150 North Lakeshore Drive. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell (arrived at 7:10), Johnson, and Parker. Also present were City Manager Gleason, Building/Zoning Official Velie, City Clerk Grafton, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Communications Manager Ek-Collins, Community Relations/Projects Director Shira, Finance Director Horton, Finance Supervisor Carter, Budget Analyst Brosonski, Accountant Bishop, Customer Service Supervisor Sills, Fire Chief Strosnider, Human Resources Director Psaledakis, Information Systems Manager Ross, Police Chief Mark, Planning Director Wagner, Public Works Director Smith, and Recreation Director Nordquist. BUDGET Report - 6 year Projection (Finance Director Horton) Finance Director Horton explained this was a new approach to the budget process in that the department directors had been provided with a projection of the estimated revenues for the next five years. These projections were based on ten years of history in different categories and this information was expected to be helpful in their requests for their budgets this year. Mrs. Horton asked the Commission for direction regarding projects to be included in the budget. City Manager Gleason called attention to figures provided showing the anticipated additional dollars and the percentage allocated to Personnel, Operating, Capital, and Debt Service. He said the increase in employee insurance would take a major portion of those anticipated funds allocated to Personnel. He said with that in mind he was approaching this budget with a plan to not add personnel this fiscal year and to review carefully any positions that become open through the year. He asked for input regarding projects the Commission wished to see included in the budget, so that department heads could incorporate those to he reviewed during the budget work sessions. Mr. Gleason said after that has been done, he would examine the figures to see whether he could recommend including a COLA or merit increase in the budget. Mrs. Horton pointed out the percentages allocated to the different departments in the report indicated an average over the last six years and could be shifted according to the specific needs for this fiscal year. Current Projections Mr. Gleason reported the City will be required to put in a safety crossing at the Beech Recreation Center ($120K) and fence the property ($20K) and there are deficiencies in Clarke Road ($1M). Ocoee City Commission Pre-Budget Work Session June 13, 2001 Human Resources Director Psaledakis discussed the current position with insurance, noting the City's payments to them are exceeded by the claims and next year's rates are still under negotiation. During the discussion Mrs. Horton said the annual fee for health insurance was approximately $1,197,000. When Mayor Vandergrift asked what percent of that amount was for dependent coverage, Mrs. Horton said she would provide those figures for him. Commissioner Anderson said he would prefer paying the dependent health insurance over providing for a merit increase. Commissioner Johnson said he would prefer to increase the percentage the employee pays of the dependent coverage. Discussion on Commission Projects Commissioner Howell said it is going to be a tight budget and any pet projects will be contingent on funds available. He said he would prefer to see the railroad crossings repaired and swales put at the Lady Avenue/Maureen Avenue intersection where it floods every time it rains. He added he did not bring his list with him. Mr. Gleason said he would put on his list road projects - to be prioritized. Commissioner Anderson suggested doing those things which would loosen up the budget for next year, such as holding down recurring costs, and conducting an audit to be sure taxes are being collected on city parcels. Mr. Gleason said there had been discussion regarding adding garbage and stormwater to the tax bill and Commissioner Anderson said he would like to see that done. In addition, he asked that software that is compatible with Finance software for employee time/duty be incorporated into the system to reduce the time currently required to do payroll; also, heighten security on buildings; alternates to insurance costs; make sure $20K- $30K is included in the budget to possibly increase the City Manager's salary; and develop a plan for additional land for practice fields. This last sparked a discussion about the use of the soccer field that was promised to the soccer league and not yet started. Commissioner Parker said she would like to know what other cities do, and whether they charge for the use of grounds. Chief Mark advised he had paid $80 per child when his children participated in the soccer program at the fairgrounds. Commissioner Johnson suggested looking into joining with the YMCA. Mr. Gleason said he will look into it. Commissioner Johnson said he did not want to take away from the City's other needs, but would like to focus on the downtown revitalization, starting on Bluford in front of the Middle School and down Kissimmee Avenue all the way to McKey Street with lights, landscaping and building decorations. Mr. Gleason said Spillis Candela's presentation regarding the Municipal Complex contained some of those items and the prices were already available. Commissioner Johnson said he wants Lyle Street paved; wants to see who wants to bid and who does not want to bid on the healthcare; wants to advertise for it and wants to see what is going out. He 2 DAQF `ur Ocoee City Commission Pre-Budget Work Session June 13, 2001 asked what percentage of the increase in cost is due to our employees' claims and how much is just a standard all-over-the-country insurance increase. He added he wants to do away with the two-day pay to employees when they do not use their sick time and wants to give days off instead. (Mrs. Psaledakis advised that may cost more, particularly if the person filling in for the absent person has to he paid overtime.) Commissioner Johnson continued that employees need to he required to use more of their earned vacation time, instead of the across the hoard 10 days required; and he would prefer that sick days and vacation days not be combined. He wants to go to smaller vehicles that will serve the purpose; and, on the railroad crossing at the Beech Recreation Center, go out to bid. Commissioner Parker said she would be happy to maintain the programs already in place and would like to see the sidewalks on Clarke Road to connect from Silver Star Road to Beech Recreation Center. Mayor Vandergrift described revenue enhancement and the benefits derived from CRAs such as Commissioner Johnson is starting in downtown Ocoee, and said there were two areas in Commissioner Howell's district that could he so designated as well, up on the hill. He proposed a volunteer housing authority that could possibly buy out Pioneer Key Parks I and II, using grants, and make a park there. Community Relations/Projects Director Shira advised she had done a lot of research on this last year and there are not many grants available any more. Mayor Vandergrift would like to see a volunteers coordinator; and would like to expand the take-home-car plan; wants to look at a utilities commission. Mr. Gleason asked how many police officers qualify for take home cars and do not have one. Chief Mark responded about five meet the requirements of one year employment and city residence. Mayor Vandergrift expressed appreciation to the person who replaced the lights that had been out in the Chambers and said again he wanted to have the hardware removed on the double doors to cut down on the noise when the doors are opened and closed. He discussed not having sick leave combined with personal leave time and Ms. Psaledakis reviewed both scenarios and short term/long term disability. Ms. Shira suggested, after this year's buyout, discontinuing the practice of paying for all over 360 hours not used and Ms. Psaledakis pointed out it would be necessary to adopt an ordinance to do that, but it would be possible. After further discussion, Ms. Psaledakis said she would poll other cities and provide copies of their policies. Mayor Vandergrift would like to see sewers and recycled water in the older part of town. Commissioner Anderson said he would like to see some of the rates adjusted and do a surcharge if the City is mandated to reduce consumption that had been budgeted for, such as SJRWMD's requirement that the City reduce its water consumption by 10%. He addressed a question to Chief Mark regarding the MBI program, 1-4 Corridor, etc. and said if the City is DD niLa� - Ocoee City Commission Pre-Budget Work Session June 13, 2001 making money on one of them to increase that program. Finance Director Horton said she would provide the figures to show which programs made money for the City. Commissioner Johnson asked to see the maintenance records for the police vehicles for this year compared to last year, and added he had a problem with city vehicles going outside of city limits in the take home car plan. REVIEW/DISCUSSION OF WATER/WASTEWATER RATES (City Engineer/Utilities Director Shira and Mike Burton, Burton & Associates) City Engineer/Utilities Director Shira gave a brief history of the water/wastewater rate situation over the past few years, which began with orders from St. Johns River Water Management District to reduce consumption. He said Burton & Associates had been commissioned to (1) evaluate the current water/wastewater rates and determine whether they were adequate and proper, and (2) develop a reclaimed water rate. Mr. Shira directed attention to a handout just distributed which compared the rates of Ocoee and seven other utilities and he pointed out that Ocoee's rates are $1.10 less than Orlando Utilities' for the first 10,000 gallons. He introduced Mike Burton, Burton & Associates, who then displayed charts showing a Rate Study on the overhead as he explained the consequences in dollars of adopting their proposal. He pointed out that one of the alternatives was not increasing rates until 2004, which would result in the need to borrow $800,000 that year. The option recommended was to raise the rates 3% October 1, 2001, and schedule raising the rates 3% a year for the next three years. Doing that would provide enough income to fund the entire Utilities Capital Improvement Program, borrowing would not be necessary, and handling implementation of reclaimed water customers that require retrofit, that are not in new subdivisions, without charging the homeowners for their distribution system. Mr. Shira pointed out the method to be used to achieve this 3% increase would he to put a 6% increase on the consumption only part of the water/wastewater bill. He added that this would result in a $.60 per month increase for water and $1.08 for sewer the first year, a total of about $1.70 per month for a citizen who uses 20,000 gallons per month. He added that the rates had not been increased since 1991 while the customer base has doubled during that period. Mr. Shira discussed several projects, like retrofit going into an existing subdivision and putting reclaimed system in there, like making a connection between the Clarke Road line and the Maguire Road line, like additional storage, particularly at the south end. Mr. Shira called attention to the aerial photograph distributed which showed an available site which could be used as a re-pump station to take water from the Consery II line, pump it up to the constant pressure needed and put it into the Maguire Road line. Also, a storage tank will be needed in that area. 4 DRAFT Ocoee City Commission Pre-Budget Work Session June 13, 2001 Mr. Burton summarized saying there were two different philosophies to choose from - hold the rate the same and borrow later when capital improvements need to be made, or increase the rates incrementally to prepare for the expenditures that will be needed. Mayor Vandergrift asked how these rates correlate with reclaimed water rates. Mr. Shira responded the proposed rate Mr. Burton has come up with is $7.65 base rate (12,000 reclaimed water), plus $.38 per thousand for all over 12,000. With both water and sewer the base rates do not cover water gallonage. Mr. Burton said the rates have been calibrated so that a customer who is irrigating now with potable water changes over to reclaimed water the cost of the reclaimed water will be about 70% of the cost of the potable water they were using before. Mayor Vandergrift asked for a chart that would show the savings to the customer. Mr. Burton said that could be provided. Discussion ensued regarding timing and debt. Mr. Shira said the reclaimed water line has been built on Clarke Road, a facility has been built at the wastewater plant to store and pump it, an agreement has been entered into with Consery II to take the water out of their line on south Maguire Road, a line is being built on south Maguire, and a site is being considered for a re-pump station for that area, and it is time to make a decision on the rates as his department is ready to put water into the line. Mr. Gleason said that Commissioner Johnson had raised a question about what had happened to some of the reserves and he said a report would be prepared showing the cost of repairs, etc. that had been taken out of contingency. Mayor Vandergrift asked that the charts that were illegible on the overhead be provided for the Commission to read later. Mr. Burton advised the lowest indexing for the increase that could be used and stay out of debt would be 2.75% increase, and he recommended going to 3% as presented earlier. In response to Mayor Vandergrift's question regarding how long it would take to have enough experience with the use of the reclaimed water system to project when citizens would be using more water than they are using now for irrigation because of the reduced cost of the reclaimed water, Mr. Shira said probably one year. Mayor Vandergrift asked how many homes are anticipated to be hooked up to the system in the first year. Mr. Shira responded Remington Oaks and Prairie Lake (about 250 homes) are already hooked up and are being charged potable water rates as that is what is in the line currently. Mr. Burton advised that 166 a year would be all the City could afford to connect if the rate increase were not incorporated before 2004. With the rate increases the City could afford more than that. 5 D Ocoee City Commission Pre-Budget Work Session June 13, 2001 Mr. Gleason asked if reclaimed water is subject to the same SJRWMD restrictions, and Mr. Shira responded it is not yet. Mayor Vandergrift asked about the connection cost. Mr. Shira said the rates are set up so that there is no connection charge or capital charge, and the only fee the customer will see is the monthly fee. Commissioner Howell asked who paid for the meters already installed, and Mr. Shira responded the developer had. In a discussion regarding both the need and the cost to install back-flow prevention devices at each home prior to turning on the service, Mr. Shira said the cost is $100, which the City will pay up front, then ultimately recover that cost through the fees. Just prior to adjourning, Mr. Shira said they would prepare the charts as requested earlier in the meeting (showing the savings to the customer as well as the Rate Study displayed on the overhead) and the list of repairs/expenses that had come from the contingency fund. ADJOURN The meeting adjourned at 10:10 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 6 Agenda 8-07-2001 Item III A MINUTES OF THE WESTRIDGE PUD COMMUNITY MEETING HELD JULY 18,2001 CALL TO ORDER A meeting for the homeowners in the area surrounding Maguire and Moore Roads was called to order by Commissioner Johnson at 7:06 p.m. in the Commission Chambers City Hall 150 N. Lakeshore Drive. The purpose of the meeting was to discuss the possible rezoning, from residential to commercial, a land parcel owned by Developer Stan and Gordon Nutt. PRESENT: Mayor Vandergrift, Commissioner Johnson, City Manager Jim Gleason, and Deputy City Clerk Whitford. INTRODUCTION OF GUESTS/VIPS Commissioner Johnson introduced Ocoee Planning Director Russ Wagner, Assistant City Attorney Scott Cookson, Orange County Commissioner Teresa Jacobs, and Developers Stan and Gordon Nutt. PRESENTATION Mr. Stan Nutt went over the plan that is proposed for acreage adjacent to Moore and Maguire Roads. The proposal as presented is 4 acres of limited commercial, 5 acres of office space, and approximately 51 acres of residential lots. The minimum lot size in the residential parcel will be 65' x 115'. Mr. Gordon Nutt stated the office and commercial would have a tile roof requirement. The access points were pointed out and identified on the drawings which were visible to the public throughout the meeting. Mr. Nutt stated he believed this plan was the best plan for the site and that it is compatible with the surrounding land uses adjacent to the site. STATEMENTS/QUESTIONS/CONCERNS FROM PUBLIC The following persons spoke to the issue of rezoning the land parcel in question. Most were opposed to the rezoning because of feared increases in traffic, possible devaluation of their homes, concerns about too much commercial growth, and questions about the 7th Ave. access road. Lori Newberg, 260 Bridge Creek Blvd., Ocoee, FL 34761 Rosemarie Neorgouto, 11012 Groveshire Ct., Ocoee, FL 34761 Harvey Hertzman, 2605 Elwick St., Ocoee, FL 34761 Gary Comstock, President Cross Creek HOA Camille Patterson, 237 Laurenburg Ln., Ocoee, FL 34761 John George, 474 Fern Meadows Loop, Ocoee, FL 34761 Connie Mullins,2494 Cliffdale St., Ocoee, FL 34761 Deborah B. Thompson, 462 Fern Meadow Loop, Ocoee, FL 34761 Jeff Schnellmann, 387 Longshadows Ct., Ocoee, FL 34761 Todd Brandenburg, 10406 Windermere Chase Blvd., Gotha, FL 34734 Nigel Adamson, 466 Fern Meadow Loop, Ocoee, FL 34761 Jeff Polashale, 10242 Windermere Chase Blvd., Gotha, FL 34734 Rod Talbot, 2254 Wickdale Ct., Ocoee, FL 34761 John Darone, 518 Golden Moss Loop, Ocoee, FL 34761 Jay Hembree, 556 Dunoon St., Ocoee, FL 34761 Johan Berg, 2208 Wickdale Ct., Ocoee, FL 34761 Shane Newberg, 260 Bridge Creek Blvd., Ocoee, FL 34761 David Katz, 2456 quiet Waters Loop, Ocoee,FL 34761 Mel Brandenbury, 10406 Windermere Chase Blvd.,Gotha, FL 34734 Mike Sasso, 833 Little Hampton Lane, Gotha, FL 34734 Scott Sanderson, 512 Golden Moss Loop, Ocoee, FL 34761 Mr. Nutt, in response to some of the questions and concerns about too much commercial property in the area, reassured the public that with Ocoee's revised building codes and ordinances that the type of problems which occurred with some of the earlier projects could not happen today. This was confirmed by City Planner Wagner. Mr. Nutt, confirmed by City Manager Gleason, stated there would not be any new gas stations on the corners at the Maguire/Moore Road intersection. Orange County Commissioner Jacobs stated that Orange County is willing to work together with Ocoee in making sure Orange County's developments do not adversely impact their neighbors. She made it clear to the public that Orange County has no jurisdiction or vote, but they are committed to working closely with Ocoee. Further discussion and comments ensued addressing the types of business the community did not want in the area. A few were willing to explore the possibility of rezoning and believed a mixed usage of the land was in the best interest of the community, but most were opposed to any zoning change. 2 Mr.Gleason told the public there were plans for a park with soccer fields adjacent to the planned school Orange County is building in the area. Gary Comstock, President of Cross Creek HOA, thanked the Nutts for coming and dispelling some of the rumors they had heard. He also thanked Commissioner Johnson for holding a meeting where the home owners in the area to be affected could voice their opinions. Commissioner Johnson told the audience they should come to the Planning and Zoning as well as Commission meeting when this issue is on the agenda. Ile applauded the Nutts for coming to the meeting to present their plan and answer questions when they were not under any obligation to do so. ADJOURNMENT Commissioner Johnson adjourned the meeting at 8:53 p.m. Sally Whitford, Deputy City Clerk Rusty Johnson, Commissioner Dist. #3 3 © RAFT Agenda 8-07-2001 Item III A MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JUNE 19, 2001 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:16 p.m. in the Commission Chambers located at 150 N. Lakeshore Drive. Commissioner Parker led in the prayer and Commissioner Johnson led in the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, City Clerk Grafton, Building/Zoning Official Velie, Assistant City Engineer Wheeler, Finance Director Horton, Finance Supervisor Carter, Fire Chief Strosnider, Assistant Fire Chief Firstner, Planning Director Wagner, Police Chief Mark, Recreation Director Nordquist, Boxing Club Coordinator Cristelli, and Special Counsel Cruz-Bustillo. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Years of Service Awards - 10 Years: Police Officer Mark D. Merchant Mayor Vandergrift presented the years of service award to Police Officer Merchant and Chief Mark added his comments of appreciation for Officer Merchant's specific contributions to the success of the department. NON AGENDA ITEMS Commissioner Howell presented a videotape of participants working out in the boxing program and introduced the contestants who went to the Sunshine State Games last weekend. These contestants, in their second time competing, won two first place medals, one second place and one runner-up. Commissioner Howell expressed appreciation to the participants and to the Commission for supporting the program. Commissioner Johnson said he had intended to recognize those who had assisted in the Ellis Shapiro Day, but due to a miscommunication, that would be moved forward to the July 17 meeting. Mayor Vandergrift recognized three former mayors in the audience, Mayor Ison, Mayor Dabbs and Mayor Maguire. Former Mayor Ison advised they are planning a golf tournament in August to benefit Ellis Shapiro. Lakefront and Municipal Complex Master Plan - Spillis Candela Design Team Mr. Richard Foley, representing Spillis Candela Design Team, introduced the Design Team: Skip Downs, lead designer, Ann Stevens, architectural support, Ginger Corless, representing Herbert Halbeck, Inc., the planning and landscape design firm on the project, Xabier Guerricagoitia, representing Vanasse Hangen Brustlin Engineering, who provided civil engineering and infrastructure components for this project. [DRAFT Ocoee City Commission Regular Meeting June 19, 2001 Ms. Corless presented the Master Plan for the Lakefront and Municipal Complex, advising this had been created by the Team after meeting with the public at last years Founders' Day and during a design charrette in January, as well as meeting with City staff during the process. No action was requested or taken by the Commission at this time. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, and I. Commissioner Anderson pulled item H for discussion, questioned Assistant City Engineer Wheeler about the difference in the quality of the water in Lake Olympia versus Starke Lake, and said he would prefer to receive input from citizens in the affected area before proceeding with the device to allow water to flow from Starke Lake to Lake Olympia. Mr. Dan Colman, Lake Olympia, addressed the quality of water in the two lakes and said he believed, if polled, the residents of the Lake Olympic area would be opposed. Mayor Vandergrift, seconded by Commissioner Parker, moved to authorize the Mayor and City Clerk to execute Work Order No. 22 with PEC in the not-to-exceed amount of$13,500 with the provision that they should proceed with the drainage wells at Starke Lake but not with drilling a hole in one wall and have a public hearing for Lake Olympia residents to voice their opinions. Motion carried 5-0. H. Approval and Authorization for Mayor and City Clerk to Execute Work Order #22 to the Master Drainage Plan with PEC re: Starke Lake/Lake Olympia Control Structure Modification. (City Engineer/Utilities Director Shira) • Staff desires to modify the control structure by drilling a hole in one wall so that when Olympia is lower than Starke, water can flow from Starke into Olympia. In order to do this work, the existing SJRWD permit must be modified. This Work Order provides for preparation and submittal of all required ERP documents, plans and calculations for a new SJRWMD Environmental Resources Permit for a fixed fee of$10,000.00, with an additional not-to-exceed amount of$3,500.00 for reimbursable expenses. Mayor Vandergrift, referring to item G., asked Mr. Wheeler to look for more grants. He then noted that during the discussion regarding the Avanti/West Groves property at an earlier meeting he had asked that the dry lines for reclaimed water be put in and since that meeting he had recalled that Winter Garden's pressure line goes through that property to the Winter Garden spray fields and Ocoee's line is connected to it. Mayor Vandergrift said he felt sure it would be possible to engineer it so residents in that area could use reclaimed water. Assistant City Engineer Wheeler said he would look into it. City Attorney Rosenthal said the public hearing was held for the Preliminary Subdivision Plan and it was approved and under the City Code that was the opportunity for this Page 2 of 14 DQ Gl = Ocoee City Commission Regular Meeting June 19, 2001 Commission to make the requirement for dry lines to be installed. There was further discussion regarding the source, availability and use of reclaimed water and City Manager Gleason said staff would look into it. Commissioner Howell read an e-mail message from an unidentified citizen saying Lake Olympia used to be a public lake where people could fish and boat whenever they wanted. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve items A B, C, D, E, F, G and I of the consent agenda. Motion carried 5-0. A. Approval and Acceptance of Minutes of Commission Regular Session of June 5, 2001. (City Clerk Grafton) B. Approval of the Distribution of$668,072.00 of Federal Fiscal Year 2001-02 Anti-Drug Act Funds (Byrne Formula Grant Program) and Authorization for the Mayor to Execute the Letter of Approval to the Office of Criminal Justice Grants. (Police Chief Mark) • An anti-drug abuse grant was received for FYOI-02 in the amount of$668.072.00 for county-wide use. This is the second year Ocoee will receive$28,125.00 from such funds for the Police Department's Crime Analyst II position. C. Approval and Authorization to hold a Southeastern Championship Wrestling Event at the Beech Recreation Center on Saturday, August 18, 2001, with Proceeds Going to the Ocoee Boxing Club. (Recreation Director Nordquist) • Staff will take precautions to protect the Mondo flooring, and with the help of volunteers, will supervise the event. The SECW will be responsible for organizing the event, obtaining proper insurance and the cost of any damages to the facility. D. Approval and Authorization for Mayor and City Clerk to Execute Work Order No. 23 in the Amount of$35,702.00 to PEC for Design Services of Pioneer Key II Drainage Improvements - Master Drainage Plan. (City Engineer/Utilities Director Shira and Engineer I Lee) • Under an Agreement with the Department of Housing and Community Development the County is paying for the cost of construction, while the City pays for the cost of design services. E. Approval and Authorization for Closing of Mill Stream Road, in Sawmill Subdivision for Block Party. (Building Official Velie) • This event will be held on July 4, 2001, from 12 p.m. to 12 a.m. The applicants agree that I) All residents that will be affected by the road blockage must he notified in advance; 2) Health Central Ambulance must be notified of the road closure in advance; 3) An emergency lane must he maintained at all times; and 4) Roads must be blocked with proper barricades. F. Approval and Authorization for Transfer of Funds from Water/Wastewater Contingency to Wastewater Capital Account and Approval and Authorization for Design and Construction of New Force Main for Service Page 3 of 14 © Hale' Ocoee City Commission Regular Meeting June 19, 2001 Area East of West Oaks Mall. (Assistant City Engineer/Utilities Director Wheeler) • The estimated cost for the project is $36,000.00: $5,000.00 for design, $1,000.00 for permitting, and$30,000.00 for construction. G. Approval and Authorization for Mayor and City Clerk to Execute Cost Share Agreement between the City and the St. Johns River Water Management District re: Reclaimed Water Pumping Facility. (City Engineer/Utilities Director Shira) • A major reclaimed water main along the length of Maguire Road from Roberson to Professional Parkway was included as part of the construction or the Maguire Road widening project. An Agreement with Orange County and City of Orlando provides for supply and use of reclaimed water from the Consery 11 system. A re-pump station is needed to assure adequate pressure from that system, and SJRWMD has granted reimbursement of$50,000.00 of the City's construction cost for the facility. H. Pulled for separate consideration (see above) I. Approval and Authorization to Expend Remaining Emergency Management Grant Funds in the Amount of$20,180.00 for the Expansion of the Emergency Radio System. (Assistant Fire Chief Firstner) • The State has approved expenditure of these available funds for the enhancement of the grant project. TRS Wireless was awarded the original hid for $29,260.00 and has provided a quote of $19,545.00 for the addition of 9 mobile radios, 15 portable radios, and a portable Uhf emergency radio kit. The remaining $650.00 will be used for the project. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Johnson: 1) Announced a meeting he has called to be held Wednesday, July 18 at 7:00 p.m. in the Commission Chambers for citizens in District 3 to discuss the project at the corner of Moore Road and Maguire Road. 2) Reported Ellis Shapiro is able to receive visitors and hoped to be home from Florida Hospital Wednesday. 3) Asked for volunteers for the Downtown Revitalization Committee and said the letters will be going out soon to the residents and business owners in the downtown area. City Manager Gleason advised State Representative Johnson has set a meeting for Tuesday, July 3 sometime between 11:00 a.m. and 3:00 p.m. to discuss the state road aspect of this project. Commissioner Howell announced Joey Cristelli was the cameraman at the Sunshine Games. Mayor Vandergrift discussed a letter from MetroPlan requesting a representative for the Bicycle/Pedestrian Advisory Committee (BPAC). He said he had mentioned this to Rob Page 4 of 14 OnAFT Ocoee City Commission Regular Meeting June 19, 2001 McKey and he was willing to serve in this capacity if appointed. Without objection, Mr. McKey was appointed to serve. Commissioner Anderson announced he had received an e-mail message from a citizen asking when the mosquito control truck would be around. As citizens can make direct contact with that office, the number was posted on Channel 10 when the meeting recessed. PUBLIC HEARINGS: Second Readings of Ordinances Telecommunications. (Jorge Cruz-Bustillo, Esquire) Ordinance No. 2001-13, Adjusting Telecommunications Tax Rate to Maximum. City Attorney Rosenthal read the title only of the Ordinance. He then pointed out there were three ordinances which were related, 2001-13, 2001-14, and 2001-15 and any comments made for one would carry over to each separate public hearing. Special Counsel Jorge Cruz-Bustillo, Leibowitz and Associates, briefed Commission on the new legislation regarding telecommunications and advised he had prepared these ordinances for Ocoee and other jurisdictions he represents in accordance with the new laws. The public hearing was opened. Mr. Ken Shipley, Public Affairs Manager with Sprint, 207 Linda Avenue, Kissimmee, said there are still some questions to be answered with regards to wireless providers, abandoned facilities, and about five other issues. He asked that the decision on Ordinance No. 2001-15 be postponed so that he could work with staff to resolve those issues. Mr. Gary Allington, representing BellSouth, read from a prepared statement requesting the decision regarding Ordinance No. 2001-15 be postponed until a full evaluation of the industry's comments has been made. Mr. Cruz-Bustillo responded that he had received letters from both Sprint and BellSouth and had received similar letters from the industry in other jurisdictions he represents. He said they wished to argue over nuances rather than real issues; i.e., (1) Whether this applies to radio or satellite telephones is an issue of the Florida Legislature, not this body. (2) The specific definition f communication services cannot be changed by this body. (3) The local zoning authority is preserved with a specific statement in the ordinance. (4) BellSouth had asked that the Security Bond in the amount of$50,000 be reduced to $25, 000 and the document prepared for signatures has $25,000, as he had intended to change it and it was an oversight on his part in preparing the document which was distributed. (5) BellSouth also questioned having all new facilities underground. That only applies to competitive local exchange companies. Both Sprint and BellSouth are considered incumbent local exchange companies - and are governed Page 5 of 14 Ocoee City Commission Regular Meeting June 19, 2001 by Florida Public Service Commission. He said he had clarified language at BellSouth's suggestion even though it did not apply to them as it was a good idea. (6) The City must provide a contact person. Mr. Cruz-Bustillo recommended adoption of the Ordinance as presented with the following changes: Section 162-7.D. change the payment from 14 days to 30 days; Section 162-14 change security fund from $50,000 to $25,000, and two places where it said "Public Works Department" to "City," change the word "Resolve" to "Enact," and correct the signature blocks. Both Mr. Shipley and Mr. Allington asked again that the decision be postponed, as the issue regarding as-builts has not yet been resolved or clarified Mr. Cruz-Bustillo said this ordinance has already been adopted by a dozen entities and he recommended leaving in the section regarding as-builts, for the protection it provides in requiring a copy of the as-builts within 60 days after finishing a new facility. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked how he would be taxed. Mayor Vandergrift said he would be taxed only on that portion of the service he uses. Assistant City Engineer Wheeler said the Engineering Department would not be opposed to approval of the ordinances as presented and they could sit down with Sprint and BellSouth after the fact to see if they want to make any changes. The public hearing was closed. City Attorney Rosenthal asked Mr. Cruz-Bustillo if there had been any changes to Ordinance No. 2001-13 as it was presented in the packet, and Mr. Criz-Bustillo said there had not, as the only ordinance with changes was No. 2001-15, providing for Telecommunications Service Rights-of-Way. Commissioner Anderson, seconded by Commissioner Johnson, moved to adopt Ordinance No.201-13, adjusting Telecommunications Tax Rate to Maximum as presented. Motion carried 5-0. Ordinance No. 2001-14, Adjusting Telecommunications Tax Rate in Lieu of Collecting Permit Fees. City Attorney Rosenthal read the title only of the Ordinance and said all the comments from the public hearing for Ordinance No. 2001-13 were carried over to the public hearing for this Ordinance as well. Page 6 of 14 © DAFT Ocoee City Commission Regular Meeting June 19, 2001 Mr. Cruz-Bustillo explained this Ordinance will provide a tax in lieu of collecting and requiring permit fees at the local level and will compensate the City for what previously was charged at the local level. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Johnson, moved to adopt Ordinance No. 2001-14, adjusting Telecommunications Tax Rate in Lieu of Collecting Permit Fees as presented. Motion carried 5-0. Ordinance No. 2001-15, Providing for Telecommunications Service Rights-of-Way. City Attorney Rosenthal read the title only of the Ordinance and said all comments from the public hearing for Ordinance No. 2001-13 were carried over to this public hearing. He pointed out also in the agenda packets in connection with this Ordinance there is a letter from Mr. Cruz-Bustillo to Jim Gleason dated May 25, 2001, which includes the proposed Ordinance No. 2001-15. Subsequent to that, on June 15, Mr. Cruz-Bustillo forwarded to Finance Supervisor Carter a final version of the Ordinance which incorporates the additional changes that were referenced in Mr. Cruz-Bustillo's presentation, as well as the correction of the City of Ocoee signature block forms. Mr. Rosenthal said any motion to adopt should include those changes. Mr. Cruz-Bustillo added he had made changes in a meeting this morning and those were the ones he had specified in his report earlier in this meetng. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Johnson, moved to adopt Ordinance No. 2001-15, providing for Telecommunications Service Right-of-Way, with the changes stated b Cit Attorney Rosenthal and Mr. Cruz-Bustillo. Motion carried 5-0. City Attorney Rosenthal pointed out the general repealer clause in the ordinance, and said staff will be looking through the City's Code for any conflicts, so there may be another ordinance coming back to specifically repeal certain provisions of the Code. He noted that would he an opportune time for Sprint or BellSouth to come back with any changes they wish to have considered. Commissioner Johnson asked Mr. Shipley to stop by the corner of Silver Star Road and Bluford Avenue and look at the abomination Sprint put up in the right-of-way area. RECESS 9:35 - 9:50 P.M. Page 7 of 14 DRAFT Ocoee City Commission Regular Meeting June 19, 2001 Resolution No. 2001-08, Mercantile Court Right-of-Way Vacation, Case No. VAC-01-001. (Planning Director Wagner) City Attorney Rosenthal read the title only of the Resolution. Planning Director Wagner gave the staff report, and said, in order to save a large oak tree and still have the appropriate retention pond while widening Maguire Road, the City requires the vacation of the southern 30± feet of the cul-de-sac portion of public right-of-way on the street known as Mercantile Court and located in the northern portion of Lot 1 Ocoee Commercial Park. He added notices had been sent to all utility providers and City Department Directors and there were no objections to the proposed vacation. Property owners within 300 feet of the road right-of-way were mailed a notification and an ad appeared in the June 7, 2001, Orlando Sentinel. The public hearing was opened. Don Wingate, 670 Kissimmee Avenue, representing McKinlin, Inc. which was the developer of Ocoee Commercial Park and is the owner of the Ocoee Self Storage on Lot 3, asked three questions: (I) In 1990, as part of the Development Agreement for Ocoee Commercial Park, they dedicated a 60 foot right-of-way off Maguire Road and dead-ending at Lot 3, and then constructed Mercantile Court according to the City specifications. Then in 1997, s part of the Development Agreement for Ocoee Self Storage, they granted additional lands from Lot 1 and Lot 2 to accommodate a 60 foot radius right-of-way on the west end of Mercantile Court and to construct a 50 foot paved surface cul-de-sac because the City required it for public safety. What changed? Was the design criteria that required a 60 foot radius right- of-way excessive? Or is it that the needs for the improvement to Maguire Road and the necessary retention pond outweigh the need for public safety? (2) Regarding the right-of-way vacation precedent: Should the final developer of Lot 2 (if he has a development that will not fit within the confines of Lot 2) expect a portion of the right-of-way to be vacated so he can remove the cul-de-sac on the north side so his project will fit? (3) Regarding the right-of-way vacation process: How is it that the public hearing for the vacation is being held now, after the demolition phase of the project has already taken place? The curbs and pavement have been removed . Assistant City Engineer Wheeler said the curbs and pavement that have been removed are a part of a dedicated right-of-way and they had authorized the removal after the purchase of Lot 1 was made. He said they had looked for a way to save the tree (as there are not many trees in that area) and still have the needed retention area for stormwater management. At that time they required the dedication of the cul-de-sac. Page 8 of 14 DRAFT Ocoee City Commission Regular Meeting June 19, 2001 Fire Chief Strosnider said in order to save the tree, they had determined they could back the truck out since it was a short distance. Mr. Wingate said he was not objecting to the vacation, but he was frustrated to know that if he had come in as a developer asking for this same consideration, it would never have cleared staff. Mr. Wagner pointed out this widening of Maguire Road was being done as an improvement for the benefit of the public, not a private development. The public hearing was closed. Commissioner Howell, seconded by Mayor Vandergrift. moved to adopt Resolution No. 2001-08 vacating a portion of Mercantile Court right-of-way. as presented Motion carried 5- 0. OTHER BUSINESS THIS ITEM WAS TAKEN OUT OF AGENDA ORDER Approval of Coke Property Master Planning and Engineering Contract. (Planning Director Wagner) John Martin, Orange County School Board, reported the School Board approved in their meeting tonight their portion of the funding for the Coca Cola Property Master Planning, and they are ready to go as soon as the road and utilities are ready. Planning Director Wagner gave the staff report and said on an expedited planning and engineering schedule they will return before Commission in four months with the basic outlines of the plan and shortly thereafter will begin the process of approvals. He asked for approval of the proposed Scope of Services and Fee Schedule for Master Planning and Engineering Services associated with development of the Coke Property, subject to approval of Orange County Public Schools for their portion of the fees, and further authorize the Mayor and City Clerk to execute a contract prepared by the City Attorney to effectuate an agreement between the City and Vanasse Hangen Brustlin, Inc. to accomplish same. Based on the Scope of Services as outlined, the total professional fees for the entire project are proposed not to exceed $429,850. Of this total Orange County Public Schools will pay $184,275 with the City picking up the remainder estimated at $245,575. Commissioner Howell. seconded by Commissioner Parker. moved to approve the proposed Scope of Services and Fee Schedule for Master Planning and Engineering Services associated with development of the Coke Property, as outlined above, subject to approval of Orange County Public Schools for their portion of the fees, and further authorize the Mayor and City Page 9 of 14 DRAFT Ocoee City Commission Regular Meeting June 19, 2001 Clerk to execute a contract prepared by the City Attorney to effectuate an agreement between the City and Vanasse Hangen Brustlin, Inc. Moton carried 4-0. Mayor Vandergrift was away from the dais City Manager Gleason commended Mr. Wagner for his efforts in the negotiations, as he had shaved off approximately $100,000 in costs. First Reading: Ordinance No. 2001-16, Amending Chapter 168 by Granting Authority to Certain Fire Department Officials to Enforce Certain Parking and Traffic Provisions Related to Fire Safety. (Fire Chief Strosnider) Second Reading and Public Hearing Scheduled for July 17, 2001 at 7:15 p.m. City Attorney Rosenthal read the title only of the Ordinance and announced the time and date of the second reading and public hearing. Approval and Authorization for Work Order No. 2 with Architects Design Group for Design through Building Stage for Fire Station No. 1. (Fire Chief Strosnider) Fire Chief Strosnider said the needs study had been completed, and they are in the process of purchasing the land fronting on Bluford Avenue at Orlando Avenue, so he was ready to move forward with the design phase of Fire Station No. 1. He said the committee toured several fire stations and surveys have been sent out to all members of the department for input. Mayor Vandergrift asked if the surrounding area could also be serviced when the sewer lift station is put in for the Fire Station. Commissioner Johnson said he wished to be included in any further committee trips to look at facilities and wanted to see a copy of the survey results. He said the committee should be surveyed after their last trip as well. He added he would not vote in favor of a one story building. Commissioner Howell said he was going to Cedar Key to see their new facility and had been promised a copy of the plans. Kevin Ratigan, Architects Design Group, Inc., said this is a request for work authorization to proceed and does not include a floor plan Commissioner Johnson said he wished to be the ex-officio member of the firefighters' committee working on the design of the fire station, so a motion was made, seconded and then withdrawn when Mr. Rosenthal explained such a move would place the entire committee subject to the Sunshine Law. Commissioner Anderson asked about the money that would he spent prior to reaching a decision about one story or two story. Page 10 of 14 DG31afl Ocoee City Commission Regular Meeting June 19, 2001 Mr. Ratigan responded the standard fee is generally broken down into schematic design, design development, construction documents, bidding, and finally construction administration of the project. The first phase of the project where the number of stories would be dealt with would be in the first 15% of the budget, so it would be important for an informed decision to he made early on. Commissioner Johnson said he thought administration should be downstairs and the living quarters upstairs. Commissioner Anderson, seconded by Commissioner Howell, moved to authorize the firm of Architects Design Group. Inc. to proceed with Service Authorization 99-02-2 and authorize the Mayor and City Clerk to execute all the documents necessary to consummate the transaction of the Agreement. Motion carried 5-0. Discussion re City Manager/City Commission Responsibilities. (City Manager Gleason) City Manager Gleason directed attention to the copies of the City Charter in the packet. He said there had been a question earlier about employees talking with the elected officials and wanted to clarify he feels the free flow of information is very important. He encouraged the elected officials to call him at any time for information and if there were specific concerns about the daily administrative duties it may he easier to bring it to the dais to give direction. He talked about hypothetically being given conflicting direction by two commissioners, and he said he wants to avoid having 320 employees use the elected officials as their personal agents. He assured all that he wished to follow the wishes of this Commission. Discussion ensued about a retreat, and Mr. Gleason said he would like to arrange a retreat for the elected officials and staff with the first half of the day for the elected officials and then joint for the second half. Mayor Vandergrift said he wants to consider a civil service policy rather than have the City Manager have total control. Amendments to Orange County/City of Ocoee Utility Service Territorial Agreements. (City Engineer/Utilities Director Shira and Engineer I Lee) Assistant City Engineer Wheeler gave the staff report, and said Orange County had rejected the amendments approved in February 15, 2000, because of the surcharge on non-resident customers. Since then a new surcharge amount was introduced to reduce the amount of surcharge from 25% to 20% and then further reduce it by 1% per year over five years to 15%. Mr. Wheeler noted this affects fewer than 50 people. A memo dated January 26, 2001, requested an amendment to the Service Area Boundary and introduced the new Ordinance that Page 11 of 14 n AFT Ocoee City Commission Regular Meeting June 19, 2001 stipulated the new surcharge rates; and it was approved February 16, 2001. The three documents following are the relevant documents to that action. Third Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement. Second Amendment to Orange County/City of Ocoee Water Service Territorial Agreement. Commissioner Johnson, seconded by Commissioner Parker, moved to adopt the Third Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement and the Second Amendment to Orange County/City of Ocoee Water Service Territorial Agreement as presented, authorize the Mayor and City Clerk to execute the documents and transmit the documents to Orange County for their approval and execution. Motion carried 4-0. Mayor Vandergrift was away from the dais. First Reading: Ordinance No. 2001-17, Amending Chapter 173 by Enacting a Phased Reduction of the Surcharge Added to Water and Sewer Service Charges for Consumers Outside the City Limits. Second Reading and Public Hearing Scheduled for July 17, 2001 at 7:15 p.m. City Attorney Rosenthal read the title only of the Ordinance. Commissioner Anderson announced the second reading and public hearing are scheduled for July 17, 2001, at 7:15 p.m. Rescinding the Appointment of the Negotiating Team with Respect to Charter Schools. (City Attorney Rosenthal) City Attorney Rosenthal recommended repealing formation of the Negotiation Team with respect to the Charter Schools and basically let that proceed as a staff function, with the understanding that Mayor Vandergrift has a very active interest in this and his role is going to continue. Commissioner Parker, seconded by Commissioner Howell, moved to rescind the appointments to the negotiation team. Motion carried 5-0. STAFF REPORTS City Manager Gleason 1) Said it was time again to appoint a voting delegate for the Florida League of Cities Convention, August 23 - 25. Commissioner Johnson seconded by Commissioner Anderson, moved to appoint Mayor Vandergrift. Motion carried 5-0. 2) Directed attention to Mayor Vandergrift's documentation for his travel from December 1999 through April 2001 and requested authorization to transfer funds from Contingency to Legislative Travel account to cover this expense. Commissioner Parker, seconded by Commissioner Anderson, moved to authorize the transfer of$2 687.96 from Contingency account to Legislative Travel account to satisfy Mayor Vandergrift's outstanding expenses. Motion carried 5-0. Page 12 of 14 DQAFT Ocoee City Commission Regular Meeting June 19, 2001 3) West Orange High School Golf Tournament is scheduled for August 3 and will cost $260.00 to enter a team of four. Without objection, City Manager Gleason was directed to register a team for the City of Ocoee. COMMENTS FROM COMMISSIONERS Commissioner Johnson 1) Said the citizens of Winter Garden had complained they could not see the Ocoee Commission meetings on Channel 10. Mayor Vandergrift said they were advised at the outset that a letter from the Winter Garden Commission would be necessary for them to he included in the channel and they failed to take action, as did Windermere and Oakland. He said it would be fine if they wanted to join Ocoee and make it a West Orange Government Channel. Commissioner Anderson said, as we have our own T-1, we could do a streaming video of the commission meetings on our web page, and should look into setting aside funds for that. 2) Announced the dedication of the Sam Oliver Water Plant on Saturday, June 30 at 10 a.m. at the water plant on the east side of Maguire Road, south of the Turnpike, and north of Cross Creek Subdivision. Commissioner Anderson 1) Read an e-mail from a citizen asking when the mosquito control truck would be spraying as mosquitoes are getting bad. City Clerk Grafton advised citizens should call directly to the Orange County Mosquito Control - telephone number 407 352-4370 and the number was posted during the meeting after the recess. Commissioner Anderson asked that it be posted on Channel 10 and the City's web page for the continued convenience of the citizens. 2) Read an e-mail complaining about the road surface that was pealed up by Mayor Vandergrift and volunteers during the lake cleanup day and left to be picked up. Mayor Vandergrift responded they had picked up loose parts of surface and he was in hopes this Commission was in favor of using volunteers to replace the brick roads rather than spending a quarter of a million dollars on the project. He thanked all those who took part in the cleanup. 3) Read an e-mail from a citizen asking if the Coke Property was going to be a safe place for a school, as they had read about the bird kill associated with Lake Apopka. Several people at the same time responded this was a different matter having to do with the reclaiming of the lake from an agricultural site. 4) Advised Martha Lopez-Anderson has been appointed to serve on the school reapportionment committee. Commissioner Howell had no comments at this time. Page 13 of 14 Ocoee City Commission Regular Meeting June 19, 2001 Mayor Vandergrift 1) Thanked the volunteers again for showing up for the lake cleanup, and asked when the lakeside trash from that day was going to be picked up. 2) Said this is the policy making body for the city and there is no policy manual. He said he believes there are policies in effect now that are in conflict with the Charter, and a person should be appointed to put one together. ADJOURNMENT The meeting adjourned at 11:25 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 14 of 14 Agenda 8-07-2001 1DY4 /p5 �4 Item III A • MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JULY 17, 2001 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:17 p.m. in the Commission Chambers located at 150 N. Lakeshore Drive. Pastor Wayne Lewis led in prayer and City Attorney Rosenthal led in the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson (arrived at 7:40 p.m.), Howell, Johnson(arrived at 7:21), and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Building/Zoning Official Velie, City Clerk Grafton, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Finance Director Horton, Fire Chief Strosnider, Planning Director Wagner, Principal Planner Lewis, Principal Transportation Planner Foltz, Senior Planner McGinnis, Police Chief Mark, Public Works Director Smith, TV Operations Manager Prihoda, and Zoning Coordinator Harper. PRESENTATIONS AND PROCLAMATIONS The presentations were taken out of agenda order. Presentation - TV Equipment Purchased with Forfeiture Funds - Police Chief Mark and TV Operations Manager Prihoda Mr. Prihoda expressed appreciation to Chief Mark as he displayed new camera equipment which had been purchased with forfeiture funds and explained it was to be used to make training films for the Police Department, but would also be available for special projects. West Oaks Christian Academy - Request for Access at the Ocoee Bulldog Football Complex During Their 2001 Season. - Richard Ring, Head Football Coach, West Oaks Christian Academy Mr. David Hogan, Athletic Director, requested authorization for the West Oaks Christian Academy to use the Bulldog Football Complex during their 2001 season. When Mayor Vandergrift asked what the additional cost to the City would be for the lights at the field, Mr. Hogan responded their games would be mostly during the early evening hours and lights would not be used. He added the Bulldog League would have the concession stand open during their games. Mayor Vandergrift asked for a report on the cost of lights on all the fields, and Mr. Gleason responded he had already requested such a report with an eye toward preparing to charge for the use of the fields. Mayor Vandergrift, seconded by Commissioner Parker, moved to authorize the West Oaks Christian Academy to use the Bulldog Football Complex for their 2001 season. Motion carried 4-0. Commissioner Anderson was not present. DU " Ocoee City Commission Regular Meeting July 17, 2001 Presentation - Water Shortage Update. (Assistant City Engineer Wheeler) Assistant City Engineer Wheeler presented his Water Shortage Update, showing statistics for the years 2000 and 2001 for the rainfall and water pumping. He compared figures for the first half of each year which indicated the City's use of water had decreased well over the 15% decrease mandated by St. Johns River Water Management District. In response to Mayor Vandergrift's question regarding when the reclaimed water lines would be ready for use, Mr. Wheeler said they were ready to begin as soon as the rates had been established. City Manager Gleason advised, absent direction from the City Commission before then, he was planning to bring it up during the budget work sessions. Presentation of Awards in Appreciation to Those Who Assisted on Ellis Shapiro Day - Commissioner Johnson Commissioner Johnson presented certificates of appreciation to those employees who had assisted on the day in May set aside to benefit and express appreciation for Ellis Shapiro: Assistant City Engineer David Wheeler, Customer Service Supervisor Cathy Sills (not present), Human Resources Specialist Marilyn Johnson (not present), Firefighter Shawn Sorenson, Engineer Ken Minnick, Firefighter Timothy Martin, Firefighter/Paramedic Mike Spears, and Firefighter Paul Whitaker. Commissioner Johnson then announced the Ellis Shapiro Golf Tournament scheduled for August 10 at 12:30 p.m. at Forest Lake for a fee of$60.00. Presentation - Clarke Road Extension Corridor Alignment Study. Greg Kern with Dyer, Riddle, Mills & Precourt Mr. Greg Kern gave a brief overview of the preliminary corridor study done by his office regarding the extension of Clarke Road north of Clarcona-Ocoee Road. He pointed out other studies would be necessary before the roadway is constructed if that area develops. This was the first planning attempt to basically look for problems that would hinder or prevent that road from being built. Mr. Kern said the analysis was based on a recommended corridor, approximately one mile long, with an 80 foot right-of-way, two-lane divided roadway, with 12 foot travel lanes, and a 4 foot paved shoulder for bicycles and a sidewalk. Further discussion revealed this would be a developer driven road and at the time of this study it was not known whether the road would extend beyond McCormick Road. It would be a developer road without impact fee credits. Mr. Robert F. Gormican said this will depreciate his property because when they want to annex into the City it will mess up their retention ponds, and he pointed out there were five springs in the path of the proposed right-of-way. He asked to he included in the plans. Page 2 of 16 UUiwf Ocoee City Commission Regular Meeting July 17, 2001 Mr. Scott Henderson, 112 S. Lake Avenue, Orlando, 32801, representing Dill Properties, asked at what point the City would be moving forward with this. Commissioner Anderson responded the road would not be built until there was a need. No action was requested or taken on this item. NON-AGENDA ITEM Mrs. Kate Clark, Principal of Ocoee Middle School, said she had presented a letter to both Mayor Vandergrift and City Manager Gleason regarding a request for $15,000 to fund the courtyard at the new school. She acknowledged the $2,500 already given and spoke of the wonderful example of cooperation between the school system, the city and state, as this is a S.M.A.R.T. school (Soundly Made Accountable Reasonable and Thrifty Schools Act). Commissioner Johnson asked if the service clubs could be involved in the landscaping. Mayor Vandergrift tabled the issue to give Ms. Clark an opportunity to get with City Manager Gleason with more information. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, II, I and J. Mayor Vandergrift pulled item C, Yard Waste Rate Increase, for separate consideration and announced in item A, the Minutes of the June 19 Commission Regular Meeting were not ready yet and had been pulled by staff. Commissioner Anderson pulled item J, Additional Soccer Field Sodding, for separate consideration. C. Approval and Authorization for Yard Waste Rate Increase for Waste Management from $2.01 to $3.00 per Month. (Public Works Director Smith) • Waste Management has requested a yard waste rate increase from $2.01 per month to $3.00 per month. Following a discussion, Commissioner Howell, seconded by Commissioner Anderson, moved to approve item C as presented. Motion carried 4-1 with Mayor Vandergrift voting no. Commissioner Parker asked that the date for the "if needed" budget work session in item H be changed to August 22 and all agreed. J. Approval and Authorization to Construct an Additional Soccer Field, Award Grading and Sodding to Southern Turf Nurseries Inc. in an amount not-to-exceed $18,000, and $2,000 for Irrigation System Material to be Installed by Public Works Personnel.(Public Works Director Smith) • The Ocoee Soccer League has requested the construction of a second soccer field at the Beech Recreation center. Public Works and a sports turf contractor will construct this field as a joint project. Page 3 of 16 DRAFT' Ocoee City Commission Regular Meeting July 17, 2001 Public Works Director Smith advised he had asked for a sole-source quote from Southern Turf Nurseries and had received a quote of$.30 per square foot and since then had received a quote from Quality Turf at $.32 per square foot. As the soccer clinic is scheduled for October 15, the time schedule is very tight, and he asked for authorization to go to the second low bidder if, for any reason, Southern Turf Nurseries would be unable to get to this job in time to complete it before September 1st. Commissioner Parker, seconded by Commissioner Johnson, moved to approve item J as presented with the additional authorization to go to the second low bidder if Southern Turf Nurseries should be unable to perform. Motion carried 5-0. During a discussion regarding hinds, City Manager Gleason pointed out the item B, City Sponsorship for Health Central Events, would come from the Commission Legislative Community Promotion Fund, which has $2,887.66 presently. Mayor Vandergrift, seconded by Commissioner Anderson, moved to approve items A, B, D, E, F, G, H, and I of the consent agenda with the changes noted. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission-Regular-Session of Jun ,2004, Work Session-CIP of May 3, 2001, Joint Work Session with Planning and Zoning Commission of June 12, 2001, and Special Session of June 25, 2001. (City Clerk Grafton) B. Approval of City Sponsorship for Health Central Events. (Commissioner Parker) • In the past this Commission has sponsored at the Signage Plus Foursome level for$750 for the Golf Tournament(scheduled for September 6, 2001 at Keene's Pointe) and at the Field Goal level for $1,500 for Casino Nite(scheduled for September 22, 2001 at Hard Rock Hotel, Orlando). Commissioner Parker asked that this item be placed on the agenda for consideration at the same level as previous years. C. Removed for Separate Consideration. See above. D. Approval of Intent to Annex for Water Service for 403 2"" Street and Authorization for Mayor and City Clerk to Execute Annexation Agreement with Mr. And Mrs. Amaran. (Assistant City Engineer Wheeler) • This property is in an Orange County enclave, not contiguous to the City limits, but located close to a 6" water main which serves others on Second and Third Streets and could he tapped for water service only. The Amarans have been briefed on the fees and procedures and have executed the Annexation Agreement. E. Approval and Authorization for Mayor and City Clerk to Execute the Management Contract for the Founders' Day 5K Race. • Central Florida Triathletes, Inc. provides race timing, race[-shirts, and numbers for all race participants, among other event services for the Founders' Day 5K. This Race Timing and Event Services Agreement is virtually identical to last year's agreement. Page 4 of 16 Ocoee City Commission Regular Meeting D R A f' iF July 17, 2001 F. Approval and Authorization for Mayor and City Clerk to Execute Termination of Agreement with DOT for Grant Funds on Intersection Improvements (Assistant City Engineer Wheeler) • Due to re-prioritizing of projects, it is necessary to terminate the joint participation agreement for improvements for the Bluford/Orlando Avenue Intersection drainage project. G. Set Date for First Meeting in 2002. (City Clerk Grafton) • January I, 2002, falls on Tuesday and staff recommends canceling that meeting due to the holiday. H. Set Dates for Budget Workshops and Public Hearings. (Finance Director Horton) • Staff recommends the following dates for Budget Meetings: Work Sessions: Thursday, August 9; Monday, August 13; and Wednesday, August 4- -22 (if needed) Tentative Budget Public Hearing Thursday, September 6, 2001 Final Budget Public Hearing Monday, September 24, 2001. I. Approval and Authorization for Mayor and City Clerk to Execute Amendment for Maronda Homes Drainage Easement. (City Attorney Rosenthal) • This amendment is requested to reduce the size of a drainage easement granted to the City along the side lot line of lot 135 of The Reserve from 10 feet to 9 feet. The city Engineering Department has reviewed the amendment and has concluded the reduction in size of the easement causes no technical problems with the drainage easement. J. Pulled for Separate Consideration. See above. COMMENTS FROM CITIZENS/PUBLIC Mr. Jim Blackwelder, 2009 Nancy Ann terrace, asked permission to use the senior league field on Sunday afternoons after church. Mayor Vandergrift, seconded by Commissioner Johnson, moved to direct Staff to look at this and eo ahead. Motion carried 5-0. Commissioner Howell said there was a problem with adult baseball teams hitting balls into neighbors' yards, relieving themselves in bushes and leaving cans everywhere. Without objection Staff was directed to get them under control and stop them. Mr. Johnny Torres, 479 Hormigas Court, spoke at length on how we all need to be kinder and gentler with each other. Mrs. Jennifer Pelkey, 59 W. Circle Key Drive, presented a petition regarding speed humps/bumps and getting the road fixed in Pioneer Key I. Mrs. Martha Lopez-Anderson advised a conference on charter schools on June 15 was not attended by city representatives and she had acquired a tape of the conference so that it could he viewed by those interested. She presented the tape to Mayor Vandergrift and suggested making arrangements with Orange County TV to play the tape on Channel 10. Page 5 of 16 Ocoee City Commission Regular Meeting July 17, 2001 COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced the Orange County Redistricting Commission meeting scheduled for Ocoee's Commission Chambers July 26 and encouraged interested citizens to attend as 4 of the 5 proposed plans split the City of Ocoee at Highway 50. Mayor Vandergrift announced the Starke Lake cleanup Saturday at 8:00 a.m. to noon. PUBLIC HEARINGS: First Readings of Ordinances. Second Readings and Second Public Hearings Scheduled for August 7, 2001 at 7:15 p.m. Ordinance No. 2001-18, Providing a Procedure for Naming Subdivisions and Providing a Formal Method of Changing the Subdivision Name. (Planning Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Planning Director Wagner gave the staff report and said Commission had given direction to provide a procedure for naming or changing the name of a subdivision so that the names of subdivisions which have come before Commission for approval are not arbitrarily changed upon platting, and the legal department has provided an Ordinance that will accomplish this. Mr. Wagner said both the Planning and Zoning Commission and staff recommended adoption of the Ordinance. The public hearing was opened. Mayor Vandergrift challenged staff and the elected officials to look at Ocoee's image, and look at ways to improve it. He said he had suggested in earlier years setting up a scenic route through Ocoee and also changing the street signs as a way to upgrade our image. He asked if other cities have such an ordinance as this. City Attorney Rosenthal said this Ordinance will not give Commission or staff the right to dictate the name of a subdivision. However, they can engage in dialogue with the developer regarding the suitability of a name. It will stop someone from coming before Commission with one name, getting approval and then, without coming back before Commission, changing the name for platting. Commissioner Johnson expressed his opinion about the developers changing the names for marketing purposes. Commissioner Parker said she had worked hard to get the Ocoee zip code in place several years ago and really felt in the next decade citizens in Windermere would say they are near prestigious Ocoee. Page 6 of 16 DRAFT Ocoee City Commission Regular Meeting July 17, 2001 Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, said he could not see why the elected officials thought there was a problem. Commissioner Parker explained there are developments in Ocoee that advertise themselves as being "in west Orlando" or "near Windermere" instead of stating they are in Ocoee. The public hearing was closed. Mayor Vandergrift announced the second reading and public hearing were scheduled for August 7, 2001 at 7:15 p.m. Ordinance No. 2001-19, Relating to Community Meeting Rooms. (Planning Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Planning Director Wagner gave the staff report, advising this Ordinance was prepared with the goal of helping the local homeowners groups and new residents to have a place to hold their homeowner association meetings. He said the Planning and Zoning Commission recommended a few changes: (1) the Ordinance should pertain to all residential projects, not just single family subdivisions, but also apartments, townhomes and condominiums, (2) that smaller projects from 51-100 units should be afforded a covered outdoor meeting space of at least 250 square feet with an additional 5 square feet of space for each additional residence in the development. In addition, they recommended that the Ordinance be clarified to ensure that the community meeting rooms were to he permanent buildings meeting Uniform Building Code standards and that the numbers specified within unit categories be modified to match existing Land Development Code text. Mr. Wagner asked for direction for staff and legal to go hack and edit the Ordinance to incorporate any of the provisions recommended by P & Z. Mayor Vandergrift left the dais during this presentation. Without objection, staff was directed to repair the Ordinance to be consistent with the P & Z recommendation for the second reading and public hearing. The public hearing was opened and, as no one wished to speak, was closed. Mayor pro tem Anderson announced the second reading and public hearing were scheduled for August 7, 2001 at 7:15 p.m. When Mayor Vandergrift returned to the dais after the recess, he asked Mr. Wagner to provide a list of other cities which have a similar ordinance for the next public hearing. Page 7 of 16 Ocoee City Commission Regular Meeting July 17, 2001 RECESS 9:32 P.M. TO 9:43 P.M. ITEMS WERE TAKEN OUT OF AGENDA ORDER Proposed Adoption of a Schedule for Large Scale Comprehensive Plan Amendments and Joint Planning Area Amendments. (Planning Director Wagner) Planning Director Wagner said the City has been approached by several developers wishing to process large scale comprehensive plan amendments. The only amendments done in recent years involve the text of the Comprehensive Plan. The last actual land use change made by this Commission as a large scale comprehensive plan amendment was the West Oaks Mall. Ile explained that a small scale amendment is for 10 acres or less and these developers have larger parcels. Mr. Wagner said he is working diligently to update the Comprehensive Plan with a deadline of May 19, 2002, and he would prefer to bring large scale amendments before Commission after that has been completed and approved. He added it would be disruptive to staff to interrupt this process now to accommodate these developers, as the process is very elaborate and requires many public hearings with both Planning and Zoning and the Commission. The proposed schedule for opening up the window for large scale amendments is after the Comprehensive Plan is adopted by the state, in either March or April of 2002, and Mr. Wagner recommended adopting the schedule as presented and holding any applications for large scale amendments in abeyance until that time. City Attorney Rosenthal added that large scale amendments are permitted by the Florida Statutes only twice a year. The EAR based amendment would be considered one of those. He said the City would have the legal right to move forward, consider, and process to the Department of Conununity Affairs amendments while doing the EAR based amendments. The DCA has advised they prefer cities not do that but they realize the cities have a legal right to do it. He said when Faraway Farms came in with their application he advised them that, as the City had never adopted a window or a schedule, there was no basis for staff not to accept a comprehensive plan application that was submitted. He said the Dill Properties are also interested in processing a comprehensive plan amendment, and it would be appropriate to adopt a schedule so that staff could move forward consistent with Commission's direction. Mayor Vandergrift asked what could be done to expedite the process. The public hearing was opened. Ms. Carla Baker, representing Chevron, said she was here to help the Grafton family to get a comprehensive plan amendment into the City along with the rezoning. She said they have been working with the City since January 2000 trying to get this amendment in place and have run into a brick wall. Ms. Baker expressed appreciation for the time spent with the elected officials and the meetings with staff and said they have provided everything the planning staff has required or requested up to this point, including additional environmental studies, some site plans based on their recommendations, and a traffic study. She said what they have Page 8 of 16 DIQF7 Ocoee City Commission Regular Meeting July 17, 2001 planned is feasible and will be good for the City as it will provide a good tax basis with minimal impact on the infrastructure. Ms. Tracy Crowe, Certified Planner with Land Design Innovations, said her firm typically writes comprehensive plans and land development regulations for cities, so she understands both sides of the issue. Ms. Crowe said in order to create a viable piece of property for the owners and create something beneficial to the City a land use redesignation and rezoning is necessary. She said a feasibility study was done for that area and this property was in the epicenter for that study and within a two mile radius was considered the market area for that study. She displayed some of the information from that study showing the potential for proposed growth and the need for employment opportunities in that area. She had distributed a handout showing a distribution center similar to the one they are proposing for this property, and discussed the potential tax base at huildout. Ms. Crowe described the proposed layout of the parcel and said it was one of the last large parcels this close to the road interchange with the capacity to build its own internal road network and have its own master drainage system. She pointed out that during the Evaluation Appraisal Report (EAR) based amendment the City would be looking at the entire future land use map and future land use element, so the state should have a harder time if the large scale amendments are brought in after that is completed. Ms. Crowe said they have offered consultant services and help with special studies if needed in order to get into the process and submit for the application. She pointed out the impact on the infrastructure was much greater with residential zoning than with the proposed use, and also noted surrounding cities in this area as well as the County all have two large scale amendment cycles yearly. In those cities the large scale amendments are submitted simultaneously with the EAR based amendments. Ms. Crowe noted they had been trying to submit since January 2000, and are asking for at least one cycle to he opened this year. She added it takes 114 days to go through the process provided in the Joint Planning Area Agreement (taking the maximum time allowed for each step), and they are requesting to be on the docket when the EAR based amendments are submitted in September, or, if not, they are asking to go alone now and be submitted in September. She described a schedule that would enable them to find out if this is an acceptable use for the property in February 2002 as opposed to the Staff proposal to open the cycle in April 2002. She distributed a chart comparing the two schedules. Ms. Baker said they were willing to do whatever the City needed, either bring a contractor in as a member of the planning staff, do a corridor study, do all the applications and give them to the planning department to review, or provide funds to fund someone else; but they were only willing to commit to that if there was a commitment on the City's part to look at their plans. Scott Henderson, Henderson Planning Group, representing the Dill Properties, said it was encouraging to think there would be a window opened for large scale amendments and he understood the staff was booked. lie added they, also, were willing to assist the planning department in the hiring of a consulting independent planner, and he suggested ways to condense the process. Page 9 of 16 onL\ F I� Ocoee City Commission Regular Meeting July 17, 2001 Reginald B. McGill, associated with Greenburg Traurig, said for the record he was a member of the Orange County Planning and Zoning Commission, and as a result of that membership and his association with this project, he would declare a conflict of interest and not vote when this comes before the County P & Z Commission. Planning Director Wagner said the way this was worked in the County, the developers contributed money to the County and the County chose its own consultant as an objective reviewer of the development projects brought before them. The property owners pay for the consultant's review on behalf of the County. He said that would be a possibility and Renaissance Planning Group is a continuing consultant for the City. If these developers wished to pay the full amount of money to have that firm to work specifically just on these projects and review them on behalf of the City, that would be the only practical way to go. He said an industrial area as proposed for the Faraway Farms would require a market analysis, traffic analysis, sewer and water, stormwater, and all the things that are a part of a large scale comprehensive plan amendment and go through the County Commissioner Anderson asked what the cost would be. Mr. Wagner said there are two scenarios. One is the Dill Property on the extension of Clarke Road at Clarcona-Ocoee Road which would not have to go through Orange County for the Joint Planning Area. The case of the Faraway Farms would, however. City Attorney Rosenthal said, if the Commission is inclined to do something other than the staff recommendation, at a minimum they must establish a window, as there may be others who wish to be included. He said there may be a different schedule for those who do not need to go through the JPA, as Mr. Henderson suggested earlier. He suggested, if the Commission wishes to get a real proposal from a consultant regarding the actual fee and get a binding contract, (if the Commission is moved by the fact that someone else is paying for it), they should take into consideration that it may not add up to 100% funding, as there is staff time that needs to be factored into this schedule. Whether this is something that tracks with the year or separately from the year is something that would have to go into the scheduling issue. Mr. Henderson stated the Dill Properties commitment to the City would be to fund a consultant independent of their team, who would be under contract with the City, to review their application, and they would expect any other developer to fund for their own. The public hearing was closed. Following further discussion, Mayor Vandergrift, seconded by Commissioner Johnson moved to direct staff to sit down with the lead people from the developers within the next two weeks and hammer out an agreement to move this forward on the basis of the schedule keeping in mind they are not iust looking at these developers, as much as they are looking at the total load on the Planning Department. Motion carried 5-0. Page 10 of 16 Ocoee City Commission Regular Meeting July 17, 2001 RECESS 10:55 - 11:05 P.M. The Vintage at Lake Lotta Apartments, Preliminary/Final Site Plans Amendment. (Principal Planner Lewis) Principal Planner Lewis gave the staff report, advising the Preliminary/Final Site plan for the Vintage Apartments had been approved in May, 2000, and the developer now is requesting an amendment to delete some of the trees. He said when Vintage was being constructed a different landscaping plan for the apartment complex was being used than the one approved by this Commission. He explained the developer had met with staff and proposed changing some of the trees, adding more trees near the entrance, and switching some of the sabal palm trees around the buildings to hardwood trees. Mr. Lewis said staff had advised the developer there probably would not be a problem with the switch, but to submit a letter detailing the proposed changes for review and approval. Later the developer was asked to submit a plan showing all of the landscaping changes for review. They were advised they could continue work on other buildings, but that all outstanding issues would need to be resolved prior to issuing a Final CO for the last buildings. Mr. Lewis said staff did not recommend approval of the amendment. Tim Burns, Tarragon Developers, representing the Vintage at Lake Lotta Apartments, said on the north and east sides (abutting Rose Hill) they had put in the buffer just as requested. He said they had done a three to one change out from palm trees to magnolias and he distributed pictures showing houses about six years old with magnolias. He added those trees would cover the utility banks more effectively than palms, would develop a better canopy and attract fewer bugs. Mr. Burns responded to several questions regarding the comparative cost and placement of the trees. City Manager Gleason said staff did not have a right to deviate from the plan approved by the Commission. He said he had accommodated the developer, knowing the final decision would be made by the Commission before the CO on the final building could be issued. Don Voorhees, Summit Contractors, the general contractor, said when he saw the plans for landscaping, he advised the developer they could do a better job with the landscaping, and they approached Mr. Lewis to discuss changes. He described the changes proposed and accomplished. Commissioner Johnson proposed having Planning Director Wagner evaluate the trees, and said he had no problem with hardwood trees, but he did have a problem with not conforming to the approved plans. The public hearing was opened. Page 11 of 16 Ocoee City Commission Regular Meeting July 17, 2001 Commissioner Anderson, seconded by Commissioner Johnson, moved to direct City Manager Gleason and Planning Director Wagner to meet with those involved and work it out and continue this public hearing until the August 7, 2001, meeting. Motion carried 5-0. City Manager Gleason asked for direction regarding replacing three palm trees with one magnolia as the policy currently is to replace one tree with four trees, and City Attorney Rosenthal clarified, saying the City Commission wants a plan that matches what is there in order to eliminate the inconsistencies. Request for Variance - Case No. O4VR-2001:Kimbrell. (Zoning Coordinator Harper) Mayor Vandergrift announced the petitioner had requested a continuance until the August 7, 2001 meeting. The public hearing was opened. No one present wished to speak at this time. Mayor Vandergrift, seconded by Commissioner Anderson, moved to continue this public hearing until August 7, 2001. Motion carried 5-0. Magnolia Ridge Development Processing (Not a Public Hearing) (Planning Director Wagner) Planning Director Wagner noted the City Commission and Planning and Zoning Commission had met jointly to hear presentations by various developers on proposed projects being considered within the community. The Magnolia Ridge project proposed by Steve Dill was one of those presented. It was staff's understanding that the developer wishes to enter into a Development Agreement with the City that will establish a development program for the project prior to actual submission of plans. Mr. Wagner said staff needs direction from the Commission, as this would deviate from the usual procedure, which he outlined. City Attorney Rosenthal said it would be possible that the Comprehensive Plan Amendment would arrive for the public hearings and transmittal to DCA in advance of the plans. He reviewed the possible schedules, and said if given direction to negotiate a development agreement on the front side earlier than the details were put together by the developer, it would be necessary to come back on an interim basis to ask for direction. For example, it would be important to have a position on the extension of Clarke Road. Commissioner Parker said there were a number of very pleased people who came away from that meeting and she was interested in hearing what kind of assurances could be given her to guarantee the end product would be equal to the concept presented. Page 12 of 16 Ocoee City Commission Regular Meeting July 17, 2001 Planning Director Wagner said historically they would have most of the details worked out on a PUD or any kind of development agreement that would give that assurance. If the Land Use proceeds faster than getting all the answers, Commission may, or may not, not wish to proceed with the commercial land use change. He said they could process both as quickly as possible, and if one is ahead of the other and Commission still is not comfortable, they still would have the right to either deny or continue the public hearing until such time as they are comfortable with it. Mr. Rosenthal said they would drop and re-enter later, but it would be important to watch and be sure no more than two were presented for approval in one year - and one of those would he the EAR based amendment. Scott Henderson said they were very encouraged by the joint work session and they came away with a general sense of enthusiasm for the concept, subject to a lot of details. He said in light of the reaction at this meeting to allow them to look at going forward with the Comprehensive Plan, at that time they would submit a PUD application for the mixed use development area in order to give this Commission an understanding of the design and details of the project. They would process that in conjunction with the Comprehensive Plan Amendment side by side with the zoning. With the balance of the property, on the south side, the residential part will be resolved tonight, just north of Clarcona-Ocoee Road, part of the strip is zoned agricultural, part is mixed use, part was proposed as residential. The balance of the property to the north is zoned R-1AA. He said they would propose to move forward with subdivision plans for the residential properties and look at moving forward immediately with the south side as well as the north side with an access point off of the major entry at the western median opening. In conjunction with that subdivision plan they would present, as a parallel course of action, a developers agreement that lays out the terms and conditions they are proposing for the overall project. He asked for an opportunity to work with staff to work out the details before the next meeting. Without objection, staff was directed to meet with Mr. Henderson to work out the schedule and details. Continuation of Public Hearing from May 15, 2001, Ordinance No. 2001-07, Meadow Lakes Phase I Rezoning. Case No. RZ 2000-11-01 (Senior Planner McGinnis) City Attorney Rosenthal read the title only of the Ordinance. Senior Planner McGinnis gave the staff report, advising the subject property is located south and east of Clarcona-Ocoee Road, west of Clarke Road. It comprises approximately 98.517 acres and contains an existing single family dwelling unit. The future land use designation is low-density residential, and the requested zoning is R-1A. The site has a few issues in that the subject property contains properties within the 100 year flood plain, it contains wetlands, and the topography is such that the property slopes down toward the lake. She said surrounding Page 13 of 16 DnAF Ocoee City Commission Regular Meeting July 17, 2001 property recently was zoned R-1A, R-1AAA, and R-1AA with a minimum lot size of 10,000 square feet. Ms. McGinnis added that staff finds the request for R-lA zoning premature for this area, but finds R-1AAA zoning consistent with the Joint Planning Area Agreement, Comprehensive Plan Agreement, Land Development Code and surrounding land use in the area. She said the Planning and Zoning Commission recommended approval of the R-1A zoning subject to the creation and execution of a Development Agreement containing the following conditions: (1) A density of no more than 2.5 dwelling units per acre (based on the developable acreage, (2) a maximum of 25% of the lots to be permitted to have 70 foot lot width. (3) a minimum of 1,400 square foot house size. She added that staff recommended denying the Ordinance rezoning the subject property to R-1A, and supporting Staffs recommendation of an R-1AAA, Single Family Dwelling District. The public hearing was re-opened. City Attorney Rosenthal explained that the Ordinance reflects the request of the applicant. Scott Henderson, 112 South Lake Avenue, representing the Dill Properties, said they were in support of the Planning and Zoning recommendations and he described the conditions regarding lot size, grading/terracing, minimum house sizes, and limiting density. He asked this Commission to support the P & Z recommendation. Discussion ensued, and Mayor Vandergrift directed attention to Table 5-2 in the staff report, which was minimum zoning descriptions on permitted uses. Later in the discussion Mr. Henderson suggested, as a compromise, R-1AA (75 foot minimum lot size), 2.5 density, and 1,600 square foot house size, which would allow them to work with a 25 foot front setback, and 30 foot rear setback. Mr. Wagner agreed this was a better compromise. The public hearing was closed. Commissioner Parker seconded bv Mayor Vander rift moved to adopt Ordinance No. 2001-07 with a revision from R-1A to R-1AA as the zoning classification, 75 foot lots, 2.5 dwelling units per acre maximum, 1.600 square foot house size, the 25 front setback and 30 rear setback, and subject to execution by all parts of a Development Agreement incorporating those restrictions. Motion carried 4-1 with Commissioner Howell voting no. Second Readings of Ordinances Ordinance No. 2001-16, Amending Chapter 168 by Granting Authority to Certain Fire Department Officials to Enforce Certain Parking and Traffic Provisions Related to Fire Safety. (Fire Chief Strosnider) Page 14 of 16 Ocoee City Commission Regular Meeting D " July 17, 2001 City Attorney Rosenthal read the title only of the ordinance. Fire Chief Strosnider was present to respond to questions. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Parker, seconded by Commissioner Johnson, moved to adopt Ordinance No. 2001-16 as presented. Motion carried 4-0. Mayor Vandergrift was away from the dais. Ordinance No. 2001-17, Amending Chapter 173 by Enacting a Phased Reduction of the Surcharge Added to Water and Sewer Service Charges for Consumers Outside the City Limits. (City Engineer/Utilities Director Shira) City Attorney Rosenthal read the title only of the Ordinance. City Engineer/Utilities Director Shira was present to respond to questions. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell seconded by Commissioner Parker moved to adopt Ordinance No. 2001-17 as presented. Motion carried 4-0. Mayor Vandergrift was away from the dais. OTHER BUSINESS Authorization for Silver Glen Street Resurfacing, Reprogram Funds and Award to Pavex by Piggybacking on Orange County Contract. (Public Works Director Smith) This year's budget and CIP funded and authorized the resurfacing of streets in the Silver Glen area, but the increase in the cost of petroleum based products caused the cost of this project to exceed the authorized funding of$53,500 by approximately $5,700. In his staff report, Public Works Director Smith had asked that $3,367 he reprogrammed from sidewalk construction account, 001-541-20-6303 and $3,000 be reprogrammed from road repairs operational account, 001-541-20-5313 to fund this project. Mr. Smith recommended authorization of the reprogramming as requested and awarding the Silver Glen street resurfacing project to Pavex Corporation, piggybacking on the Orange County street resurfacing contract price. Commissioner Parker, seconded by Commissioner Johnson, moved to approve according to staff recommendation. Motion carried 3-0. Mayor Vandergrift and Commissioner Howell were away from the dais. Set Tentative Millage Rate for Fiscal Year 2001-2002. (Finance Director Horton) City Manager Gleason advised the proposed budget has been prepared and is balanced using the current millage rate of 4.7387 per $1,000, which would produce $5,030,862 in revenue. Page 15 of 16 Ocoee City Commission Regular Meeting n July 17, 2001 Commissioner Parker, seconded by Commissioner Johnson, moved to set the tentative millaue rate for fiscal year 2001-2002 at 4.7387 mills with direction to staff to prepare for the roll-back rate of 4.5272 for budget review. Motion carried 4-1 with Mayor Vandergrift voting no. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Mayor Vandergrift 1) Encouraged citizens to attend the Redistricting meeting and try to get our lines to match the County lines. 2) Reported the need for a temporary traffic light at Professional Parkway and Maguire Road. 3) Advised Johnny Torres if he would bring in the speech he made we would make it a part of the record. 4) The railroad crossing in front of the Lions Club needs to have the plates replaced. 5) Invited all to help clean up Starke Lake on Saturday morning, July 21 from 8:00 a.m. to noon. Commissioner Anderson noted also there many wrecks at Orange Avenue and Silver Star Road. ADJOURNMENT The meeting adjourned at 12:45 a.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 16 of 16