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HomeMy WebLinkAboutV(A) Approval and Acceptance of Minutes of City Commission Regular Session of December 2, 2003 and December 16, 2003 [Q)G9J~l?r Agenda 0 l/06/2004 Item V A (a) MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD DECEMBER 2, 2003 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Commissioner Anderson led in prayer and Frances Watts led the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Assistant to the City Manager Shira, Building Official Phelps, City Clerk Grafton, Community Development Director Wagner, Parks/Recreation Director Farmer, Police Chief Goclon, Public Works Director Wheeler, and Deputy Public Works Director Zaitooni. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentation - Founders' Day 2003 Report-Committee Chairman Miller Mr. Miller was unable to be present; therefore this item will be addressed at the December 16, 2003 meeting. COMMENTS FROM CITIZENS/PUBLIC Garry Thomas, 16 Floral Street, reported Police Officer Simon had "gone the extra mile" in returning dogs that had been separated from their owner for several weeks and he explained the circumstances. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker 1) Announced Annual Christmas Dinner on December 12 for senior citizens and needy families at Ocoee Middle School Cafeteria from 5:00 p.m. to 8:00 p.m. 2) Reported the relationship with Orange County is improving. The new dog park on Marshall Farms Road next to the YMCA will open December 6. Commissioner Anderson 1) Announced the number for parents to call to have Santa call their children. 2) The judging for the Christmas lighting will be December 8 and 9. 3) Santa will be at the Withers-Maguire House December 13 from 6:00 p.m. to 8:00 p.m. Commissioner Howell announced the Christmas Parade will be December 6 at 10:00 a.m. in Ocoee and 1 :00 p.m. in Winter Garden. Mayor Vandergrift read a thank you note from the schools to City employees (especially Janet Shira) for the backpack fillers Ocoee City Commission Regular Meeting December 2, 2003 lQ)lRl~LS\i PUBLIC HEARINGS McCormick Woods-Preliminary Subdivision Plan (Community Development Director Wagner) Community Development Director Wagner gave the staff report, noting that McCormick Woods is located on the south side of McCormick Road between the Western Expressway (S.R.429) and Ingram Road. The Preliminary Subdivision Plan proposes 182 single-family residential lots on 62 acres. After giving an overview of the hearings with the Development Review Committee and Planning and Zoning Commission, Mr. Wagner said staff recommends approval ofthe plan with the condition to make the sidewalks in Tract C and Tract I 6-feet wide rather than 4- feet wide. The public hearing was opened. Larry Jenkins, general manager for Orlando Memorial Gardens, 5620 Ingram Road, asked several questions, to which Mr. Wagner and Randy June responded. The public hearing was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to anDfove the Preliminarv Subdivision Plan for McCormick Woods. as date stamned received bv the Citv on October 31. 2003. with a condition to make the sidewalks in Tract C and Tract I 6-feet wide. Motion carried 5-0. Later in the meeting Mayor Vandergrift realized he had overlooked a person who wished to speak on this item and he called Mr. Gormican to address the Commission. Robert F. Gormican, 980 W. McCormick Road, Apopka 32703, said he did not object to McCormick Woods but was concerned about the growth on McCormick Road and that children on the road on bicycles and foot traffic would not have a sidewalk. He said since Orange County owns all of the north side of McCormick he thought the city should contact the parks managers (Mr. Prior and Mr. Ray) and ask them to put bike trails next to their horse trails. Ordinance No. 2003-60, Amending Section 78-20 of Code Relating to Plan Review. (Fire Chief Strosnider) (Second Reading and Public Hearing to be continued to December 16, 2003, at 7: 15 p. m. to allow time for advertising.) City Attorney Rosenthal read the title only of Ordinance No. 2003-60. Mayor Vandergrift opened the public hearing and announced the public hearing for this Ordinance needs to be continued to allow time for advertising. Commissioner Anderson. seconded bv Commissioner Parker. moved to continue the nublic hearinl! for Ordinance No. 2003-60 until December 16 at 7:15 n.m. Motion carried 5-0. ANNOUNCEMENTS Mayor Vandergrift announced that Willie Fields is in the hospital, Harold Maguire is coming home from the hospital, Nell Minor fell, Barry Moore died and Dennis Curey died. 2 Ocoee City Commission Regular Meeting December 2, 2003 [Q)lRl~lFt OTHER BUSINESS First Reading of Ordinances -Second Readings and Public Hearings will be held on December 16, 2003, at 7: 15 p. m.) City Attorney Rosenthal read the title only of Ordinance No. 2003-61 and Ordinance No. 2003- 62 and Mayor Vandergrift announced the time, date and place of the second readings and public hearings. Prairie Lake PUD-Land Use Plan Amendment-Ordinance No. 2003-62, Rezoning (Community Development Director Wagner) Ocoee Commons PUD-Land Use Plan Amendment-Ordinance No. 2003-61, Rezoning (Community Development Director Wagner) Forest Trails-Final Subdivision Plan (Community Development Director Wagner) Community Development Director Wagner gave the staff report using the overhead to display details of the plan. Forest Trails Subdivision is located along the north side ofClarcona Ocoee Road about 1,000 feet west of Apopka - Vineland Road. The Final Subdivision Plan proposes 136 single-family residential lots on 62.2 acres. He said staff recommended approval with Waivers 2 and 3, but staff remained neutral on Waiver 4 Karen Spallina, E. H. Development, Inc., said they have no problem with all the other things they were asked to do and they complied; however, they are concerned about putting in an isolated amenity center with four public accesses before there are homes in the area and a neighborhood watch is set up. Commissioner Anderson. seconded bv Commissioner Parker. moved to anDfove the Forest Trails Final Subdivision Plan date stamned received bv the Citv on November 5. 2003. includill!! Waivers # 2 and # 3 and allow un to 50 buildin2: nermits after the Certificate of Occunancv is issued for the Recreational Center. Motion carried 4-0 with Mayor Vandergrift voting no. Wines Property (a.k.a. The Vinevards)-Final Subdivision Plan (Community Development Director Wagner) Community Development Director Wagner gave the staff report and displayed the details of the Plan on the overhead. He advised the Developer is requesting a name change from The Wines Property to The Vineyards. The Wines Property is located at 2500 Ocoee-Apopka Road. The Plan proposes 100 single-family residential lots on 38 acres located on the west side of Ocoee-Apopka Road, approximately 600 feet north of West Road. Staff recommended approval subject to increasing the size of the sidewalk from 4-feet to 6-feet in Tract C. (Clerk's note: The tract was later corrected to Tract E) Frances Watts, 43 Shell Key Court, asked if consideration has been given to the water supply needs for the next generations, with all of this growth. City Manager Gleason responded to her questions. 3 Ocoee City Commission Regular Meeting December 2, 2003 lQ)lRi~~U R. P. Mohnacky, 1820 Prairie Lake Boulevard, discussed the kind of grass to be used in the development. Commissioner Parker responded staff has some model ordinances for a new committee to review to submit recommendations to change the requirements. Kyle Sanders, Cambridge Homes, spoke briefly, thanking the Commission and staff for their time. Mavor nro tem Anderson. seconded bv Commissioner Johnson. moved to aODfove the Final Subdivision Plan for Wines Prooertv. a.k.a. The Vinevards. as date stamoed bv the Citv received November 5. 2003. to include 6-foot sidewalks. and aODfove the reauest to cham!e the name of the Wines Prooertv subdivision to The Vinevards. Motion carrieed4-0. Mayor Vandergrift was away from the dais. Kohlmeier -Variance Fee Waiver Request (Community Development Director Wagner) Community Development Director Wagner gave the staff report, advising Mr. Kohlmeier and Ms. Kelley had submitted a letter requesting a fee waiver on a variance for their property. The Code Enforcement Inspector had found the applicant had put up a six-foot fence in violation of the Code and that was corrected to four feet. Then the applicant came in regarding paving the driveway up to the property line and they were advised they would need to apply for a building permit. The applicant poured the driveway without a permit and was brought before the Code Enforcement Board. That Board recommended the only way the applicant could avoid a fine would be to secure a variance from the Zoning Board of Adjustment. The applicant came in to fill out the variance request but did not want to pay the $1,500 required to process the variance request. Staff recommended denial of the request. Mr. Kohlmeier, 465 Meadow Sweet Court, said he had a contractor do his driveway just like his neighbors had done theirs, and when he spoke with someone in the Building Department they said they would take care of it. There was discussion regarding the fees and possibly adopting a sliding scale fee. Building Official Phelps said once the variance issue is resolved he would assist Mr. Kohlmeier in dealing with the contractor who did the work without a permit. Mavor nro tem Anderson. seconded bv Commissioner Parker. moved to denv the develooment review fee waiver reauest bv Richard J. Kohlmeier and Viflzinia R. Kellev. Motion carried 3-1 with Commissioner Howell votinQ no. Mayor Vandergrift was away from the dais. Professional Parkway/Old Winter Garden Road Widening Project (Assistant City Attorney Doty) City Attorney Rosenthal gave the staff report, noting the City needs to acquire a Sidewalk Easement and a Non-Exclusive Temporary Easement Agreement from 1555 Boren, LLC, property. The appraised values ofthese easement interests are $304.00 (50 square feet) and $3,417.00 (1,802 square feet). The property owner has agreed to convey these interests to the 4 Ocoee City Commission Regular Meeting December 2, 2003 [Q)WJ~~i City for their appraised values and the payment of$500.00 in attorneys' fees and $500.00 in appraisal fees. Mavor nro tem Anderson. seconded bv Commissioner Johnson. moved to aoorove (1) the sidewalk Easement AlZreement and Non-Exclusive Temoorarv Easement AlZreement authorizinlZ execution thereofbv the Mavor and Citv Clerk: and (2) the oavment of $3.721.00 to 1555 Boren. LLC. for the easements and the oavment of $500.00 to Dean. Mead. ElZerton. Bloodworth. Caoouano & Bozarth. P.A. and $500.00 to Calhoun. DrelZlZors & Associates. Motion carried 4-0. Mayor Vandergrift was away from the dais. Milline: and Resurfacine: of Kimball Drive, Story Road, Flewelling Avenue, and Sleepy Harbour Subdivision -Approve Utilization (piggyback) of Orange County Contract YO- 1019 with Ranger Construction Inc. for $159,496.64. (Deputy Public Works Director Zaitooni) Commissioner Parker. seconded bv Commissioner Anderson. moved to aoorove the millinlZ and resurfacinlZ of Kimball Drive. Storv Road. FlewellinlZ Avenue. and Sleeov Harbour Subdivision and the utilization (oilZlZvback) ofOranlZe Countv Contract YO-WI9 with RanlZer Construction Industries. Inc. for $159.496.64. Motion carried 5-0. Approval and Acceptance of the Minutes of City Commission Special Session for the Tentative Budget of September 10, 2003. (City Clerk Grafton) Commissioner Anderson. seconded bv Commissioner Parker. moved to aoorove the Minutes of the Tentative BudlZet Soecial Session held Seotember 10.2003. as oresented. Motion carried 4-0. Commissioner Howell was away from the dais. Resolution No. 2003-24, Amending the Membership Requirement for the Ocoee Education Commission. (Assistant to the City Manager Shira) City Attorney Rosenthal read the title only of Resolution No. 2003-24 amending the membership requirement for the Ocoee Education Commission to allow a maximum of three members who do not need to be Ocoee residents. Commissioner Johnson. seconded bv Commissioner Parker. moved to adoot Resolution No. 2003-24 as oresented. Motion carried 4-0. Commissioner Howell was away from the dais. Approval and Authorization for the Mayor and City Clerk to Execute Ae:reement with INVENSYS for the Acquisition of the VXU with Computer and Vehicle Radio-Read ADD- ON for Auto-Read System for the Ocoee Water Department in the Amount of $22,600.00 and to Waive the Purchasing Manual Policy of Competitive Bidding and Allow the Department to use INVENSYS as the "Best Source" Vendor. (Pubic Works Director Wheeler) Pubic Works Director Wheeler gave the staff report and said with this device the City may be able to cost share with Winter Garden and others. 5 Ocoee City Commission Regular Meeting December 2, 2003 [Q)~~~! Commissioner Johnson. seconded bv Commissioner Parker. moved to waive the PurchasinlZ Manual oolicv of comoetitive biddinlZ and allow the Deoartment to use INVENSYS as the best source vendor and aODfove the ourchase of the VXU and comouter with the ADD-ON for the Auto-read svstem in the amount of $22.600.00 from INVENSYS. which is comoatible with the Citv's existinlZ meterinlZ confilZuration and software. Motion carried 5-0. Reauuointment of James Coschie:nano to Police Officers'IFirefighters' Retirement Trust Fund Board of Trustees. (Chairman Tony Wilson) Commissioner Johnson. seconded bv Commissioner Anderson. moved to aoooint James CoschilZnano to serve another term as the fifth member of the Police Officers' /FirefilZhters' Retirement Trust Fund Board of Trustees. as reauested bv the other four Trustees. Motion carried 5-0. Authorization for the Mayor and City Clerk to Execute the Vote Processine: Use Ae:reement and the Election Contract with Orange County Supervisor of Elections for the 2004 Elections. (City Clerk Grafton) Commissioner Anderson. seconded bv Commissioner Johnson. moved to aODfove the Vote ProcessinlZ Use AlZreement and the Election Contract with OranlZe Countv Suoervisor of Elections for the 2004 elections and authorize execution thereof bv the Mavor and Citv Clerk. Motion carried 5-0. STAFF REPORTS Cit Manager Gleason said Congressman Keller's office had advised Ocoee's was one of the only approvals in the HUD V A Bill that was approved for the fiscal appropriations this year for an additional $200,000.00 towards the veterans/senior center and that is on top of the $200,000.00 we will be receiving shortly; therefore there will be additional paperwork processed for the second bout. COMMENTS FROM COMMISSIONERS Commissioner Parker 1) said she had contacted volunteers for the Landscape Ordinance Committee and listed their names. She asked that this list be accepted and that each of the elected officials assign more members and direct this committee to begin meeting in January 2004. Without obiection the followinlZ list of volunteers was appointed to the Landscape Ordinance Committee. Kay Behrens, West Oaks Mall Gayla Burgess, Wal-Mart Supercenter Bill Korzeniowski, Dunkin Donuts Robert Holland, City of Ocoee Janet Shira, City of Ocoee George Bori, Groundtek Phil Gregory, Health Central Hospital Ted Dewitt, Dewitt Construction Rose Beavers, Century 21 Real Estate. John Dowler, 2543 Dovetail Drive 6 Ocoee City Commission Regular Meeting December 2, 2003 @{Rl~{fl 2) said the Historic Commission has been working on setting up an historic preservation district area, but may be taking a different approach. She said they will hold meetings and come back with suggestions. One person has proposed keeping a photo record of buildings inside and out. 3) Commissioner Parker. seconded bv Commissioner Johnson. moved to reinstate the consent a2:enda and direct staff to out t02:ether a oolicv that in order to remove an item from the consent a2:enda for seoarate consideration a motion will be necessarv with affirmative vote of the maioritv of the Commission votin2: in favor. Motion carried 3-2 with Commissioners Anderson and Howell votin2: no. Commissioner Johnson annoUfIced Bob Gosselin died Thursday and a Mass will be said for him this week. Commissioner Anderson 1) Announced the judging of Christmas lights will be done December 8 and 9 2) Gave the number for parents to call to arrange for a call from Santa for their children 3) Announced the tree lighting ceremony at the Withers-Maguire House December 13 at 8:00 p.m. Commissioner Howell I) Announced the Christmas parade December 6 at 10:00 p.m. 2) Said he wants to reduce the late fees and cut off fees since the rate increase is in effect. Mr. Rosenthal asked him to delay this UfItil after the next meeting - and put it on the January 6 agenda. Mayor Vandergrift 1) Asked how to get the fOUfItain set on the proper time. Public Works Director Wheeler said he would check into it again. 2) Said he will not be able to attend the Municipal Advisory Team meeting and asked for someone to cover the meeting for him. Mr. Gleason said he will send Terry James. ADJOURNMENT The meeting adjourned at 9:12 p.m. Attest: APPROVED: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 7 \Q)~~fFf Agenda 0 1/06/2004 Item V A (b) MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD DECEMBER 16, 2003 A presentation ceremony was held at 6:30 p.m. prior to the regular meeting. 1. Tanya Miller l\feLA...llister Award Presentation (Commissioner .t...nderson) 2. Lions Club Christmas Parade Trophy Presentation Cathy Sills introduced the winners of the trophies in the parade and assisted Commissioner Anderson and Commissioner Johnson in presenting the awards. CHURCHES 1st Starke Lake Baptist Church 2nd Living Waters Church 3rd KidsFocus Teen Tutor Team HM Harvest International Ministry & School COMMERCIAL 1st Manheim's Auto Auction 2nd All-In-One Entertainment 3rd Betty J's Florist HM Avon Products from Velma & Faye NON-COMMERCIAL 1st Tea Bags of Central Florida (Red Hat Society Chapter) 2nd Ocoee High School Class of 1965 3rd American Legion Post 109 HM Bahia Shriners YOUTH 1st Girl Scout Troop 32 2nd Girl Scout Troop 300 3rd White Tigers Shotokan Karate-Do HM tie: Ocoee Recreation Department and Cub Scout Pack 217 JUDGE'S FAVORITE Hope Charter School REGULAR CITY COMMISSION MEETING CALL TO ORDER Mayor pro tem Anderson called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Commissioner Parker led in prayer and Frances Watts led the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Assistant City Attorney Doty, Assistant to the City Manager Shira, Building Official Phelps, Buyer Tolbert, City Clerk Grafton, Community Ocoee City Commission Regular Meeting December 16,2003 [Q)WJ~lFli Development Director Wagner, Human Resources Director Diedrich, Parks/Recreation Director Farmer, Police Chief Goclon, Public Works Director Wheeler, Senior Planner Grimms, and Support Division Chief McNeil. ABSENT: Mayor Vandergrift PRESENTATIONS AND PROCLAMATIONS Presentation - Founders' Day 2003 Report-Committee Chairman Miller. Michael Miller, Chairman ofthe Founder's Day Committee, gave a very positive report about the event and asked for volunteers for both the committee and to do the work next year, as this is an ongoing project. Mr. Miller and ParkslRecreation Director Farmer presented to each official framed autographed pictures ofthe musicians who headlined the event. Mr. Farmer presented one to Mr. Miller, and Commissioner Johnson commended Mr. Miller for his efforts and dedication, and thanked him for heading up such a successful celebration. COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court, announced the City had lost one of its most dedicated volunteer senior citizens, Mel Shaner, and said he would be missed. Mrs. Watts thanked those who had attended the senior citizens' special holiday dinners and events. R. P. Mohnacky, 1820 Prairie Lake Boulevard, said a possible solution (at a reasonable cost) for the cars crossing over the median on divided highways would be to put a living barrier or fence. He asked that this information be passed on to the Turnpike Authority. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced the City of Ocoee calendars for 2004 are ready. Commissioner Johnson expressed sympathy for the families of those who passed away last week: Harold Maguire, Mel Shaner, and Mr. Demastus. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E. F, and G. Commissioner Parker. seconded bv Commissioner Johnson. moved to aoorove and acceot the consent al!enda as oresented. Motion carried 4-0. Mayor Vandergrift was not present. City Attorney Rosenthal pointed out item G calls for a closed session on December 22,2003, at 6:00 p.m. to allow the Commission to discuss the Ryan litigation with its attorney. ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF CITY COMMISSIONERS AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEP ARA TEL Y. A. Approval and Acceptance of Minutes of City Commission Regular Session of November 18, 2003. (City Clerk Grafton) B. Approval and Authorization to Issue a Special Event Permit for the Temporary Closing of Sandy Beach Road for a Block Party. (Building Official Phelps) 2 (Q)WJffi\lfiir Ocoee City Commission Regular Meeting December 16, 2003 This event will be held on December 31,2003, from 9:00 a.m. to 1:00 a.m. on January 1,2004, and the applicant understands the standard requirements for road closure. C. Approval and Authorization for Mayor and City Clerk to Execute the West Oran2e Narcotics Task Force A2reement Update. (Police Chief Goclon) In 2003, the Ocoee Police Department entered into an agreement with Orange County Sheriff s Office and the Winter Garden Police Department, formalizing the West Orange Narcotics Task Force. This update will change the distribution of the shares of seized assets because the City of Winter Garden added an agent to the task force and staff recommends approval of the agreement. D. Approval and Authorization to Reject All Bids for Bid #B03-07-Sur2e Suppression System. (Buyer Tolbert) The Public W orks/Utilities Department and Finance Department reviewed all bids and staff recommends rejection of all bids and requests authorization to return all bid securities for this bid. E. Approval and Authorization for Mayor and City Clerk to Execute Addendum Proposal for En2ineerin2 Services-Water Main Re-desi2n for the Old Winter Garden Road/Professional Parkway Project with Professional Engineering Consultants, Inc. (Public Works Director Wheeler) The addendum is for the re-design of the relocation of the water main on Old Winter Garden Road in the vicinity of the Citrus Medical Plaza development in the amount of$3,552.00 and staff recommends approval. F. Approval and Authorization for Mayor and City Clerk to Execute Addendum Proposal for En2ineerin2 Services-Reuse Water Main Desi2n and Construction Services for the Old Winter Garden Road/Professional Parkway Project with Professional Engineering Consultants, Inc. (Public Works Director Wheeler) The addendum is for the design and construction services for the re-use main on Old Winter Garden Road and the Professional Parkway from Maguire Road to Blackwood Avenue in the amount of $26,654.00 and staff recommends approval. G. Request Special Meeting and Closed Session Meeting on Monday, December 22, 2003, at 6:00 p.m. (City Attorney Rosenthal) City Attorney Rosenthal has requested a Special Meeting and Closed Session Meeting on Monday, December 22, 2003, at 6:00 p.m. to discuss Ryan Suit on Maguire Road. PUBLIC HEARINGS Second Reading of Ordinance No. 2003-60, Amendin2 Section 78-20 of Code Relatin2 to Plan Review. (Fire Chief Strosnider) (Continuedfrom November 18, 2003) City Attorney Rosenthal read the title only of Ordinance No. 2003-60. City Manager Gleason said he had scheduled a work session to go over all of the fees in January and would like to have this Ordinance included. Mr. Rosenthal said any changes the Commission wished to see addressed could be brought forward at this reading and then continue the public hearing until January 20. The public hearing was opened. 3 Ocoee City Commission Regular Meeting December 16,2003 ])fRl~{Fii Mavor nro tem Anderson. seconded bv Commissioner Parker. moved to revise the nronosed Section 78-20 B.l) a. bv chamdm! the site nlan review fee for multi-familv and sin2:le-familv residential to $450 and revisin2: Section 78-20.B.l) b. to Commercial: 1 % value of construction. Motion carried 4-0. Mayor Vandergrift was not present. Mavor nro tem Anderson. seconded bv Commissioner Parker. moved to continue the nublic hearin2: to the re2:ular meetin2: scheduled for Januarv 20.2004. at 7:15 n.m. in the Commission Chambers. Motion carried 4-0. Mayor Vandergrift was not present. Prairie Lake PUD - Project #LS-02-003. (Community Development Director Wagner) Community Development Director Wagner gave the staff report for both of the Prairie Lake PUD items. Prairie Lake PUD is located on both sides of Clarke Road, between AD Mims Road and Hackney Prairie Road. It includes tracts for commercial development and tracts for multifamily development at varying densities, as well as a fire station. The Prairie Lake Reserve Preliminary Subdivision Plan includes Tract D of the Prairie Lake PUD (18.36 acres) as well as an additional adjacent tract of land (20.69 acres). The Prairie Lake PUD Land Use Plan is being amended to include the additional 20.69 acre tract, so the entire Prairie Lake Reserve subdivision will be part of the PUD. Since it is part of the original Prairie Lake PUD, Tract 'D' is vested from concurrency issues. However, since it was not part of the original Prairie Lake PUD, Tract 'K' is not vested from concurrency issues. The Prairie Lake PUD allows multifamily or townhome units to be built on Tract 'D'. This amendment will also allow multifamily or townhome units to be built on Tract 'K'. However, since Tract 'K' still has a Low Density Residential Future Land Use designation, the net density ofthe townhomes that will be built on Tract 'K' must be no more than 4 dwelling units per acre. Mr. Wagner said the Development Review Committee had recommended approval subject to the Additional Condition of Approval No.6 on Sheet 2 of the Prairie Lake PUD Land Use Plan being modified to be consistent with Condition of Approval No. 64 on the Prairie Lake Reserve Preliminary Subdivision Plan. The Planning and Zoning Commission recommended approval. Staff recommended adoption of Ordinance No. 2003-62 approving the proposed Prairie Lake PUD Land Use Plan Amendment, date stamped received by the city on November 3, 2003, subject to making the change to Additional Condition of Approval No.6 as described on sheet 2 of the Land Use Plan, and also subject to execution and approval of an amended Development Agreement. He added that for the PUD, Tract F, and in the Preliminary Subdivision Plan, Parcel 2, (which is the lake and conservation area around Prairie Lake) is part of the perimeter pathway preservation area being assembled and should be dedicated to the City for a pathway and passive open space area. Second Reading of Ordinance No. 2003-62 - Land Use Amendment City Attorney Rosenthal read the title only of Ordinance No. 2003-62. The public hearing was opened and, as no one wished to speak, was closed. Randy June, Developer, was present to respond to questions. Commissioner Parker. seconded bv Commissioner Johnson. moved to adont Ordinance No. 2003-62 ner staff recommendation anDfovin2: the Dfonosed Prairie Lake PUD Land Use Plan 4 Ocoee City Commission Regular Meeting December 16, 2003 [Q)~~[Fii Amendment. date stamoed received bv the Citv on November 3. 2003. subiect to makinll the chanlle to Additional Condition of AODfoval No.6 as described on sheet 2 of the Land Use Plan. also subiect to execution and aODfoval of an amended Develooment Allreement. and also subiect to Tract F beinll dedicated to the Citv for a oathwav and oassive ooen soace area. Motion carried 4-0. Mayor Vandergrift was not present. Prairie Lake Reserve Preliminary Subdivision Plan City Attorney Rosenthal said the comments made earlier would be brought forward to this public hearing. The public hearing was opened and, as no one wished to add any comments, was closed. Commissioner Parker. seconded bv Commissioner Johnson. moved to aODfove Prairie Lake Reserve Preliminarv Subdivision Plan oer staff recommendation. subiect to execution and aODfoval of an amended Develooment Allreement. and also subiect to Parcel 2 beinll dedicated to the Citv for a oathwav and oassive ooen soace area. Motion carried 4-0. Mayor Vandergrift was not present. Amendment to Development Ae:reement. (Not a public hearing) (City Attorney Rosenthal) City Attorney Rosenthal presented the Third Amendment to the Development Agreement, pointing out the highlights of the amendment. He recommended approval subject to confirmation of the receipt of a fully executed developer agreement with all of the necessary joinders and consents by mortgage holders. Mavor oro tem Anderson. seconded bv Commissioner Parker. moved to aoorove the Dfooosed Third Amendment to Develooment Allreement for Prairie Lake PUD subiect to confirmation of the receiot of a fullv executed Develooment Allreement with all of the necessarv ioinders and consents bv mortllalle holders. Motion carried 4-0. Mayor Vandergrift was not present. Ocoee Commons PUD - Project #AP-02-02-01. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, pointing out that Ordinance No. 2003-61 proposes an amendment to the Ocoee Commons PUD Land Use Plan adding an additional 9.12 acres to the PUD and a similar amendment is proposed to the Ocoee Commons PUD Preliminary Subdivision Plan. The Ocoee Commons PUD is located on the east side of Blackwood Avenue and north of SR 50. H includes commercial and multifamily areas south of the Shoal Creek wetland area that runs across the central portion of the site and a single-family residential area north of the Shoal Creek wetland area. The Ocoee Commons PUD Preliminary Subdivision Plan covers the same area, but gives more detail about lots and site development issues. The PUD Land Use Plan and Preliminary Subdivision Plan are being amended to include an additional 9.12 acre tract with frontage on SR 50. The additional land was annexed into the City at the same time as the Ocoee Commons PUD under the name "Kent Property." This amendment will incorporate the Kent Property into the PUD, allowing it to be developed as part of the overall master plan with shared 5 Ocoee City Commission Regular Meeting December 16,2003 lQ)lRl~[Fii storm water management and shared access. Mr. Wagner reported these items had been reviewed by the Development Review Committee and Planning and Zoning Commission with favorable recommendations after their issues had been addressed. Staff recommended adoption of Ordinance No. 2003-61, Ocoee Commons PUD Land Use Plan Amendment and Ocoee Commons PUD, Preliminary Subdivision Plan Amendment, including the proposed new waiver for a "green wall," date stamped received by the City on November 5, 2003, subject to execution and approval of an amended Development Agreement. Second Reading of Ordinance No. 2003-61- Land Use Amendment The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson. seconded bv Commissioner Parker. moved to adoot Ordinance No. 2003-61. Ocoee Commons PUD Land Use Plan Amendment. includim!: the new waiver for a "Qreen wall." date stamoed received bv the Citv on November 5. 2003. subiect to execution and aODfoval of an amended Develooment AQreement. Motion carried 4-0. Mayor Vandergrift was not present. Commissioner Anderson said he wanted some protection for the residents regarding the green wall and Mr. Wilt Fagan responded it would be in the Declaration. Preliminary Subdivision Plan Amendment The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson. seconded bv Commissioner Parker. moved to aODfove the Ocoee Commons PUD Preliminarv Subdivision Plan Amendment. includinQ the new waiver for a "Qreen wall." date stamoed received bv the Citv on November 5. 2003. subiect to execution and aODfoval of an amended Develooment AQreement. Motion carried 4-0. Mayor Vandergrift was not present. Amendment to Development Ae;reement. (City Attorney Rosenthal) City Attorney Rosenthal pointed out this was not a public hearing, but the amendments to the Ocoee Commons PUD Land Use Plan and Preliminary Subdivision Plan just adopted require an amendment to the Development Agreement and the Proposed First Amendment to Annexation and Development Agreement contains the new Conditions of Approval and Waiver Table set forth in the Amended Land Use Plan. Mavor nro tem Anderson. seconded bv Commissioner Parker. moved to aODfove the First Amendment to Annexation and Develooment AQreement and authorize the execution thereof bv the Mavor and City Clerk. Motion carried 4-0. Mayor Vandergrift was not present. Resolution No. 2003-25, Kissimmee Avenue Right-of-Way Vacation - M.I. Ranchito. (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Resolution vacating the public road right-of- way for Kissimmee Avenue from 10 feet south of Silver Star Road to the northern right-of-way 6 Ocoee City Commission Regular Meeting December 16,2003 [Q)~ffi\(F1F line of Lee Street. Community Development Director Wagner gave the staff report, showing the location of the proposed M.l. Ranchita/Munguia, Inc. shopping center on the south side of West Silver Star Road between Taylor Street and Kissimmee Avenue. Mr. Wagner recommended approval and said the owner will dedicate a 10 foot right-of-way along Silver Star Road and the deed to that was to have been delivered to the City this week. He stated, however, he was reluctant to vacate the right-of-way until he had received the deed. John Webb, Senior Project Manager, said he felt it should be done as a part of the platting process. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson. seconded bv Commissioner Parker. moved to adont Resolution No. 2003-25. subiect to and conditioned unon receint of the ori!!inal warrantv deed to the Silver Star 10 foot ri!!ht-of-wav and the Citv bein!! in a nosition to record that deed on an unencumbered basis contemnoraneous with the execution of the Resolution. Motion carried 4-0. Mayor Vandergrift was not present. OTHER BUSINESS Old Winter Garden Road Widening Project: City ofOcoee v. Dolores Jansvn (Parcel 116). (Assistant City Attorney Doty) Assistant City Attorney Doty gave the staff report, advising the Offer of Judgment on Parcel 116 was $42,000, and there were additional fees and costs which she has determined to be reasonable. Commissioner Howell. seconded bv Commissioner Parker. moved to accent the Offer of Jud!!ment for Parcel 116 and authorize settlement of all fees and costs issues. and authorize the Mavor and Citv Attornev to execute all documents necessarv to finalize the matter. Motion carried 4-0. Mayor Vandergrift was not present. Ocoee Business Park - Project #LS-2001-007. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, noting that Ocoee Business Park is an industrial/commercial subdivision containing 102.97 acres situated along the south side of Franklin Street and encompassing lands just west of the Western Beltway (S.R. 429) to land just east of Bowness Road. The overall development consists often (10) industrial parcels of various sizes and two (2) commercial parcels along the south side of Franklin Street, as well as wetland areas to be preserved on the east side of Bowness Road and on the west side of the Western Beltway. The Preliminary Subdivision Plan for Ocoee Business Park was approved on October 1,2002. The Final Subdivision Plan - Phase I involves the southeast portion of the subdivision comprising 9.802 acres, specifically Lot I-I and Lot 1-2. The improvements in Phase I are: location of a retention pond at the southeast corner, construction of a lift-station at the southwest corner or the intersection of the railroad tracks and Bowness Road, and construction of approximately 2/3 of the south portion of Ocoee Business Parkway westward into the subdivision. The proposed Amendment to the Development Agreement provides that the developer will construct a lift station on the City property and convey those improvements to the City by bill of sale. 7 Ocoee City Commission Regular Meeting December 16, 2003 lQ)tRl~wl City Attorney Rosenthal said the Final Subdivision Plan and the Amendment to Development Agreement could be acted upon with one motion. Final Subdivision Plan - Phase I Amendment to Development A2reement. (City Attorney Rosenthal) Mavor oro tem Anderson. seconded bv Commissioner Johnson. moved to aODfove the Final Subdivision Plan - Phase I for Ocoee Business Park. as date stamoed received bv the Citv on December 5. 2003. subiect to execution of the Amendment to the Develooment A!.!reement and execution of the conservation easement a!.!reement for the wetlands to be Dfeserved. and to aODfove the First Amendment to Develooment A!.!reement and authorize the execution thereof bv the Mavor and Citv Clerk. Motion carried 4-0. Mayor Vandergrift was not present. Funding for Temporarv Positions in the Building Division. (Building Official Phelps) Building Official Phelps gave the staff report and recommended authorization of the use of $50,000 from Contingency Funds to pay temporary employees, plans examiner, inspector and clerk as required to conduct required inspections and services including overtime. He also requested authorization to submit a proposed amendment to the FY 2003-04 budget for consideration. Commissioner Johnson. seconded bv Mavor oro tem Anderson. moved to aODfove staff recommendation as Dfesented. Motion carried 4-0. Mayor Vandergrift was not present. THIS ITEM WAS TAKEN OUT OF AGENDA ORDER Award of RFQ #0401, to Provide Assistance in Formation and Establishment of a Community Redevelopment Association (CRA). (Buyer Tolbert) Buyer Tolbert gave the staff report describing the procedure and background ofRFQ No. 0401. Staff requested the Commission to award the bid to one of the top three short-listed firms and authorize staff to proceed with contract negotiations. Those firms were (listed according to the ranking by the committee) (1) Herbert Halback, Inc., (2) Land Design Innovations, (3) The RMPK Group, (4) Strategic Planning Group, (5) Civic Design. Ten-minute presentations were given by the each of the three top ranking firms, and their representatives responded to questions from the Commission. Commissioner Johnson. seconded bv Commissioner Parker. moved to award to (1) Herbert Halback. Inc.. (2) Land Desi!.!n Innovations. and (3) The RMPK Grouo. and to authorize staff to oroceed with contract ne!.!otiations with the firms in that order. accordin!.! to F.S. 287.055. and to authorize the Mavor. Citv Clerk. and Staff to execute all necessarv contract documents with the successful firm. Motion carried 4-0. Mayor Vandergrift was not present. Appointments to Boards (City Clerk Grafton) Personnel Board Commissioner Parker. seconded bv Commissioner Johnson. moved to aoooint Edward Johnson to comolete the term vacated bv Bettv Ha!.!er. said term endin!.! March 16. 2005. Motion carried 4-0. Mayor Vandergrift was not present. 8 Ocoee City Commission Regular Meeting December 16, 2003 (Q)IR1~lFii Citizen Advisory Council for Ocoee Fire Department Mavor oro tem Anderson. seconded bv Commissioner Johnson. moved to aoooint Wavne Thomoson to serve a three-vear term endim! Januarv 1. 2007. Motion carried 4-0. Mayor Vandergrift was not present. Citizen Advisory Council for Ocoee Police Department Commissioner Parker. seconded bv Mavor oro tem Anderson. moved to aoooint Richard Hart to serve a three-vear term endin2: November 1.2006. and Louis Robert Torres to serve a three- vear term to end Januarv 1. 2007. Motion carried 4-0. Mayor Vandergrift was not present. Approval and Authorization for Mayor and City Clerk to Execute Fleet Maintenance Contract with the Florida Auto Auction of Orlando. (Public Works Director Wheeler) Public Works Director Wheeler gave the staff report, explaining Paragraph L of Section 5 of the Fleet Maintenance Contract allows the F AAO to adjust prices for its work activities starting in the second year ofthe five-year agreement. City Attorney Rosenthal noted this is not a new contract or an amendment to a contract, but rather consideration of a provision in the existing contract (commencement date October 2002) which allows for an annual price adjustment subject to its coming before Commission for approval. Commissioner Johnson stated he would not vote on this issue due to a conflict of interest. Mavor oro tem Anderson. seconded bv Commissioner Parker. moved to aODfove the 2003/04 Price Adiustment in the A2:reement for Fleet Maintenance Services with Florida Auto Auction of Orlando as orooosed in their letter dated Julv 31. 2003. Motion carried 3-0. Commissioner Johnson abstained from voting and Mayor Vandergrift was not present. STAFF REPORTS City Manager Gleason said Carolyn Alexander, representing the Ocoee Woman's Club, requested the City consider a silver sponsorship ad in their January 31, 2004, annual fashion show for a total of $250.00. Commissioner Johnson. seconded bv Mavor oro tem Anderson. moved to ourchase a silver soonsorshio ad for the Ocoee Woman's Club annual fashion show in the amount of$250.00 from Commission contin2:encv fund. Motion carried 4-0. Mayor Vandergrift was not present. COMMENTS FROM COMMISSIONERS Commissioner Johnson: I. Said Principal Danny Axtell had asked what the surveyors were working on near Thornebrook Elementary School. Public Works Director Wheeler responded he did not know but would inquire. 2. Said to put the 7th Avenue issue on the January 6, 2004, agenda. 3. Said the National League of Cities Conference was outstanding, particularly the media class. Mr. Gleason noted Commissioner Johnson had received the silver certificate in his leadership 9 Ocoee City Commission Regular Meeting December 16, 2003 @~~IT~'f training and has completed the classes for the gold level, and Commissioner Parker has received the bronze certificate and has completed the classes to receive the silver level. 4. Said Mel Shaner was still active in the CACOPD at his passing and he and Mr. Maguire would be sorely missed. Commissioner Parker: 1. Invited all to come to City Hall or Beech Recreation Center to pick up a City calendar. 2. Invited all to come into the Police Department and contribute a dollar for any of the many civic projects they do and receive in return a pen that has "Stolen from the Ocoee Police Department" on it. 3. Wished all happy holidays. Mayor pro tem Anderson wished all happy holidays and cautioned the citizens to be careful. ADJOURNMENT The meeting adjourned at 9:46 p.m. Attest: APPROVED: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 10