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HomeMy WebLinkAboutIII (A) Approval and Acceptance of Minutes of City Commission Regular Meeting of January 7, 2003 Agenda 01-21-2003 Item ill A MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD JANUARY 7, 2003 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. Commissioner Anderson led the prayer and City Attorney Rosenthal 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, City Clerk Grafton, Community Development Director Wagner, Human Resources Director Diedrich, Information Systems Director Ross, Parks/Recreation Director Farmer, Police Chief Goclon, Police Sergeant McCosker, Public Works Director Wheeler, and Senior Planner Grimms. PRESENTATIONS AND PROCLAMATIONS Auxiliary Unit and Volunteers in Police Services Awards. (Police Chief Goclon) Chief Goclon and Sergeant McCosker presented Dedicated Service Awards to Auxiliary Officers Bob Chedwick, David Ball, Tim Harding, and Doug lawless: also to outstanding Citizen Police Academy volunteers Betty Decker, Michelle Grogan, John Grogan, Linda Hill, Art Johnstone, Fernando Martinez, Anna McCosker, Brian McIntosh, Lori McIntosh, Rob McKey, Eva Roberts, John Roberts, Tony Robinson. Jennifer Robinson, Cecil Sammons. Mark Scalzo, and John Vogt. They gave special recognition to Marge Johnstone as Volunteer in Police Services Volunteer of the Year. CONSENT AGENDA The consent agenda consisted of items A, B, C, D. and E. Commissioner Howell pulled item B for separate consideration and asked questions about the charges in item D. Community Development Director Wagner responded that the Commission has the sole right to waive fees, explaining there are some charges such as attorney fees and advertising that really should be paid by the petitioner, not the taxpayer. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of December 17, 2002. (City Clerk Grafton) B. Pulled for separate consideration. C. Approval and Authorization for Mayor and City Clerk to Execute Florida Power Distribution Easement at Freedom Park. (Assistant City Attorney Cookson) In order for Florida Power to install the electrical facilities needed for Freedom Park, Florida Power is requesting that the City execute a Distribution Easement in favor of Florida Power over a 30' by 10' piece of the Freedom Park property. D. Approval and Authorization to Reimburse the Special Exception Fee and Retain the Review Deposit for The Living Waters Church. (Senior Planner Grimms) The Living Waters Church is located on 0.46 acres of land near the southeast corner of South Kissimmee Avenue and West McKey Street. They have paid a Special Exception Fee of$1,000 and Review Deposit of$1,000. The Church is requesting Ocoee City Commission Regular Meeting January 7,2003 reimbursement of the fee and Staff recommends that the review deposit remain in place as security for charges to cover any advertising, legal and consulting fees. E. Approval and Authorization for Mayor and City Clerk to Execute the Vote Processing Equipment Use Agreement and Election Contract with the Orange County Supervisor of Elections. (City Clerk Grafton) Florida Statutes require municipalities to use voting equipment provided by their county supervisor of elections. This agreement covers the costs of the use of the equipment and the contract spells out the duties of the City and County throughout the election process. Commissioner Howell seconded by Commissioner Anderson moved to anorove items AC D and E of the consent a en - a p csented_Motion carried 4-1 with Mayor Vandergrift voting no. B. Approval and Authorization to Extend Ocoee's Reclaimed Water Main to Orchard Park Subdivision. (Engineer Gavrilovic) The Orchard Park Subdivision is a 141 lot single-family subdivision located on the southeast corner of the intersection of Clarke Road and Clarcona-Ocoee Road, within Ocoee city limits and the Orange County utility service boundary. Staff recommends authorization of the use of$10,000 from the 1997 Utility Bond Issue to fund the extension of the reclaimed water main and connection of Orchard Park to the City's reclaimed water system and authorization for the Engineering and Utilities Departments to proceed. Ma or Vandergrift seconded b ommissioner Parker moved to approve item B of the consent agenda as presented. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Rosemary Davis submitted her resignation from the Education Commission, thanking the officials for their help and for their concern for the education of Ocoee's children. Iler resignation was reluctantly accepted and each official in turn expressed regrets that she was leaving. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker displayed little bears that were available for contributions of$5.00 each in support of the City's team for Relay for Life. Commissioner Johnson 1) Announced Frances Watts was under the weather and unable to attend this meeting. He wished her good health. 2) Announced the Blood Drive January 13 from 9:00 a.m. to 12:00 noon in the Community Center parking lot, and encouraged all to donate blood. PUBLIC HEARINGS Second Reading of Ordinances Page 2 of 7 Ocoee City Commission Regular Meeting January 7,2003 Ordinance No. 2003-01,Amending the Land Development Code. (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner said he had given the staff report at the last meeting and was present to respond to questions. This Ordinance amends the Ocoee Land Development Code in three places: 1) changes Development Review Fees definitions,2) adds a School Board representative to the Planning and Zoning Commission as a non-voting member, and 3) adds "Auto Body Repair Shop" as a permitted use in the 1-1 zoning district. The public hearing was opened and, as no one wished to speak,was closed. Commissioner Howell.seconded by Commissioner Johnson. moved to adopt Ordinance No. 2003-01 amending the Land DevelopmentCodc_as presented- Motion carried 5-0. Ordinance No. 2003-02, Crown Point Annexation. (Senior Planner Grimms) Due to an error in the Sentinel Advertising this public hearing must be readvertised. This public hearing will be opened and continued. This is a proposed annexation of approximately 14 acres,vacant land, located approximately 650 feet west of the intersection of Ocoee-Apopka Road and the Western Beltway. Senior Planner Grimms announced the need to continue this hearing because of an error in the advertising. City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened and continued to January 21, 2003, in order to provide time for proper advertising to take place. Ordinance No. 2003-03, Case No. AR-01-07-01:Caballero Annexation. (Senior Planner Grimms) "Ellis is a proposed annexation of a vacant 1.77 acre parcel located approximately 350 feet east of the intersection of Ocoee-Apopka Road and Silver Star Road on the north side of Silver Star Road. City Attorney Rosenthal read the title only of the Ordinance. Senior Planner Grimms gave the staff report, saying his comments applied both to this ordinance and for the rezoning ordinance immediately following. Mr. Grimms added that the applicant is in New York City and will be mailing an executed Annexation Agreement involving the dedication of 30 feet frontage for future road widening and the reservation of a 30 foot utility easement across the property, as needed. The public hearing was opened and, as no one wished to speak, was closed. _mmi i nr H well seconded b Commissioner Johnson moved to ado I Ordinance No. 2003-03 annexine the subject property, and authorize the Mayor and City Clerk to execute the Page 3 of 7 Ocoee City Commission Regular Meeting January 7,2003 Ordinance and Annexation Agreement subject to the receiatof the executed Annexation Agreement. Motion carried 4-0. Mayor Vandergrift was away from the dais. As Mayor Vandergrifl had stepped away from the dais, Mayor pro tem Anderson posed a question for him regarding reuse water lines. Community Development Director Wagner responded that on an individual site such as this they would have their standard irrigation system and it would be set up so that when a main becomes available they could tie into it. Ordinance No. 2003-04, Case No. AR-01-07-01:Caballero Rezoning. (Senior Planner Crimms) This is a proposed initial zoning of the parcel referenced above of C-2, Community Commercial District, which is consistent with the Commercial designation on the Ocoee Future Land Use Map. The public hearing was opened and it was noted that the comments made for the previous ordinance annexing the subject parcel would be brought forward to apply to this ordinance as well. The public hearing was closed. Commissioner Anderson ended by CommissionerParkermoved to adopt Ordinance No 2003-04 rezoning the subject t nrooert , and authorize the Mayor and City.Clcrk to execute the Ordinance subject to the receipt of an executed Annexation Agreement. Motion carried 5-0. Ordinance No. 2003-05, Case No. RZ-02-11-09:Murcia Rezoning. (Senior Planner Crimms) 'Ibis is a request to change the zoning for parcel ID 18-22-28-3116-01-070 from C-I Neighborhood Shopping District to C-2 Community Commercial District. The parcel is located on the north side of Franklin Street between Ocoec-Apopka Road and Taylor Street. (It was also identified as the old Mattie Ilugh Farmer's home.) City Attorney Rosenthal read the title only of the Ordinance. Senior Planner Grimms gave the staff report and recommendation to approve. Commissioner Anderson stated he wants a policy in place regarding getting easements when an already annexed parcel comes before the Commission for rezoning. The public hearing was opened and, as no one wished to speak, was dosed. Commissioner Parker, seconded by Commissioper_Anderson, moved to adept Ordinance No. 2003-05 rezoning the subject property and authorize the Mayor and City Clerk to execute. Motion carried 5-0. Ordinance No. 2003-06, Case No. RZ-02-11-08:Gage Rezoning. (Senior Planner Grimms) This is a proposed rezoning of parcel ID 18-22-28-3116-01-050 from R-1 Single Family Dwelling District to C-2 Community Commercial District. The parcel is located on the north side of Franklin Street between Ocoee-Apopka Road and Taylor Street. Page 4 of 7 Ocoee City Commission Regular Meeting January 7,2003 City Attorney Rosenthal read the title only of the Ordinance. Senior Planner Grimms gave the staff report and recommendation to approve. Commissioner Anderson asked that his remarks for the last ordinance be brought Forward for this ordinance as well. The public hearing was opened and, as no one wished to speak, was closed. m issioner Anderson seconded by Commissioner Johnson moved to adoptOrdinance No. 2003-06, rezoning the subjec pronerty, and authorize the Mayor and City Clerk to execute. Motion carried 5-0. OTHER BUSINESS —None scheduled STAFF REPORTS City Manager Gleason 1) Reported the West Orange Chamber of Commerce had requested a person be appointed to sit on a committee to review applications for nominees for the West Orange Chamber Community Champions awards. Without objection. Commissioner Johnson was named to serve in this capacity. 2) Announced the West Orange Chamber of Commerce Community Champions Gala to be held Friday, January 24, 2003 at Disney's Contemporary Resort Fantasia Ballroom 6:30 p.m.— 10:00 p.m. and he asked for the Commission's pleasure. Without objection, City Manager Gleason was directed to purchase a corporate table of 10 for $810 and 2 additional tickets at $86.00 each. 3) Reported Commissioner Anderson had been cleared in the complaint to the Commission on Ethics filed by Denise Lenko and he asked the Commission to pay the attorney fees incurred in the amount of$5,614.24. Commissioner Johnson, seconded by Commissioner Parker, moved to pay the$5,614.24 from the contingency_fund. There was discussion about the need to have a policy in place for this type of expense and Mayor Vandergrift said he would like to see the letter from the insurance company refusing to pay the charge and the letter from the Ethics Commission clearing Commissioner Anderson before he cast his vote, and he moved to table the motion until those items could be produced. As the motion was not supported, the discussion continued with each Commissioner in turn expressing an opinion. Cindy Chancey, 1856 Sparkling Water Circle, addressed the Commission and drew a parallel with a claim she had placed against the City that was denied by the insurance company and ultimately not covered by the City. She felt the City should not pay this claim either in order to be consistent. Commissioner Anderson stated he would abstain from voting on this issue and would file the appropriate conflict of interest statement with the Clerk. Page 5 of 7 Ocoee City Commission Regular Meeting January 7,2003 The motion carried 3--1 with Mayor Vandergrif voting no. Commissioner Anderson abstained. COMMENTS FROM COMMISSIONERS Commissioner Howell-No comments at this time. Commissioner Anderson -No comments at this time. Commissioner Johnson 1) Reported that WalMart SuperCenter parking area was unclean with trash scattered everywhere and the plants were not receiving the proper care to keep them attractive. He noted there are campers parking onsite, which is not acceptable. Police Chief Goclon advised he had met with the general manager and they are promising to coordinate and cooperate. 2) Asked that I luman Resources see if there is a way for employees to put a percentage of their earnings into a fund for pension healthcare insurance. Human Resources Director Diedrich responded she had met with the Pension Board and they had explored this but their interests in benefits were along other lines. Commissioner Parker 1) Advised she has a meeting scheduled with Orange County Commissioner Jacobs, Police Chief Goclon, and Building Official Washington to discuss how to achieve better animal control service. 2) Said she expects to see the Historical Preservation Ordinance coming up soon. 3) Also expects to hear the status of the emergency signs for Fire Station No. 4 and will report to the citizens when she hears. 4) Wished to direct staff to review ordinances passed with good intentions but no way to enforce them. Mayor Vandergrift appointed Commissioner Parker a committee of one to work with those. 5) Said citizens had asked that the city logo be made available to be used as a screen saver. When she asked Information Systems Director Ross, he had advised there was software available to do that. Discussion ensued about registering the logo as a trademark and staff was directed to find out what other cities do for their logos. 6) Reported the West Orange Junior Service League will have a Starlight Ball and Auction at the Golden Bear Club, Keene's Point, Windermere, on Saturday, February 15, and their charity of choice this year is the West Orange School Nurse Program. She asked at what level the Commissioners wished to sponsor this cause. Discussion ensued about having this considered by the Merit Awards Board first with a recommendation to this Commission from them. Commissioner Parker said this was a different type of request from those considered by that Board in that it is not a grant, but rather a purchase of something of value. Commissioner Parker seconded b missioner Anderson moved to sponsor at the same level as last year with a Gold Snonso_r at__$550.00. Motion carried 4-0. Commissioner I towel) was away from the dais. Page 6 of 7 Ocoee City Commission Regular Meeting January 7,2003 Mayor Vandergrift read a letter he had prepared as an invitation to be sent to government officials of the state and neighboring cities to view the State of the City address which will be presented at 6:30 p.m. on January 21 before the Commission meeting. He asked for the Commission's pleasure regarding the guest list. Commissioner Anderson,nfided by Commissioner Johnson, moved to invite the volunteer hoards.police academy. Commissioner Jacobs and an citizens of Ocoee, with a prey release to West Orange Times and serve refreshments, Motion carried 3.1 with Mayor Vandcrgriftyoting no. Commissioner Howell was not present. ADJOURNMENT The meeting adjourned at 9:58 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift,Mayor Page7 of 7