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HomeMy WebLinkAboutV (A) Approval and Acceptance of City Commission Special Session Minutes of May 12, 2003, Work Session Minutes of May 12, 2003, and Regular Meeting Minutes of July 1, 2003 J RAF Agenda 7-I5-2003 Item V A MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION FIELD MAY 12,2003 Call to Order and Determination of a Quorum Mayor Vandergrift called the special session to order at 9:15 p.m. in the Commission Chambers. The roll was not called as all those present at the work session just adjourned were still present for this session. PRESENT: Mayor Vandergrift,Commissioners Anderson,Johnson,and Parker. Also present were City Manager Gleason, City Clerk Grafton, Finance Director I lorton, Finance Supervisor Carter, Public Works Director Wheeler, Utilities Superintendent I lolland,Customer Service Supervisor Sills,Consultants from Professional Engineering Co. Tom Kelly and Ken I looper, Michael Burton, Burton and Associates,and Mark Galvin, Southwest Financial. ABSENT: Commissioner Howell Discussion and Direction to Staff re Resolution to Support Orange County Chairman Crotty's Mobility 2020 Transportation Plan City Manager Gleason spoke briefly about the Mobility 20/20 Plan, advising when this first came out the City did not have anything included in the Plan,but now has three road projects on the Plan in addition to the almost SI OM that would be coming to the City of Ocoee via pedestrian improvements and intersection improvements. lie requested adoption ofthe Resolution in support ofthe Mobility 20/20 Transportation Plan. Mayor Vandergrift said he wanted to see the interlocal agreement in place before he would approve. Commissioner Arid_ersnn, seconded by CommissiencrParker moved to zdoot ResoleCun No 2003-1 z Motion carried 3-1 with Mayor Vandergrift voting no. Commissioner Howell was not present. Adjourn the meeting adjourned at 9:30 p.m. APPROVED: Attest: City of Ocoee Jean Grafton,City Clerk S. Scott Vandergrift, Mayor W /n� _, 7 Agenda 7-15-2003 ...1 G�i1 Item V A MINUTES OF THE OCOEE CITY COMMISSION WORK SESSION HELD MAY 12,2003 Mayor Vandergrift called the work session to order at 6:30 p.m. in the Commission Chambers. City Clerk Grafton called the roll and announced all were present with the exception of Commission Howell. City Manager Gleason advised Commissioner Howell had called at 6:25 p.m. to say he could not be present, but would listen to the recording of the meeting. PRESENT: Mayor Vandergrift, Commissioners Anderson, Johnson, and Parker. Also present were City Manager Gleason, City Clerk Grafton, Finance Director Horton, Finance Supervisor Carter, Public Works Director Wheeler, Utilities Superintendent Holland, Customer Service Supervisor Sills. Consultants from Professional Engineering Co. Tom Kelly and Ken Hooper, Michael Burton, Burton and Associates, and Mark Galvin, Southwest Financial. ABSENT: Commissioner Howell City Manager Gleason thanked the Commission for taking the time to hold the workshop due to the seriousness of the issues, saying, while this also must be addressed in regular session, it needed to be in its separate environment so two key issues could be discussed. The first issue was, since he had approached the Commission a few months earlier about refinancing, when it was possible to get about four and a half million dollars, keeping the same debt payment, but extending it out over a longer period of time, it was discovered shortly after that there were a couple of projects that had not been accounted for and additional funds were needed for those. Second to he considered was the current utilities structure and the impact that has on both the capital improvement program, the City's potential bond rating and the ability to fund the additional money needed to be borrowed and future projects. Utility Enterprise Fund: Discussion Additional projects-Maguire Road-Auto Auction and Old Winter Garden Road Utility Line Relocation. $2.50 million David Wheeler Public Works Director Wheeler said there were two projects that cannot be paid for from current revenues as there are no current revenues to fund them. The first is Maguire Road Phase 5 (from just north of Best Western property to the intersection at Sysco). Three years ago an agreement was entered into with Florida Auto Auction which stated the City would be under construction in three years and that comes up in October or November of this year. Included in that project is the relocation of utilities, which is not typically paid for in a road project, but in this case it will come out of the Public Works, or General Fund, or Transportation Bond Fund, or the Utilities Fund. The second project is the utilities relocation on the Old Winter Garden Road/Professional Parkway Project, for which he hopes to go to bid on soon, as soon as the right-of-way issues are resolved. Those two projects total about two and a half million dollars (one and a half million for Maguire Road and one million for Old Winter Garden Road/ Professional Parkway). 'These figures are just utility relocation costs and have nothing to do with building the road. bge RAF Ocoee City Commission Work Session May 12,2003 Mayor Vandergrift asked if the City actually had that much utilities under Maguire Road. Mr. Wheeler said there is a sewer force main that lays off the western edge and some other utilities in that area, as well as some additional stuff he needs to put in that area where there is no sanitary sewer. Commissioner Anderson asked about the agreement with Florida Auto Auction regarding Phase 5. Mr. Wheeler said FAA had given the City $1.2 million to improve a section of the road and the balance would cost the City $3.25 million to do the job. Those funds are in the Transportation---. Mr. Gleason explained the reason the relocation of the utilities had not been included originally was because typically that cost is paid by the developer—and in this project there is no developer to pass the cost on to. At Mr. Gleason's request, Mr. Wheeler clarified that these projects would be an additional $2.5 million added to the $4.5 million to he refinanced, which would make $7 million altogether. There was a period of open discussion during which everyone spoke at the same time. Then Mayor Vandergrift asked if there was enough cash on hand to do the projects without going through the financing, because it appeared that to do the financing it would he necessary to have a rate increase to solidify the other $2.5 million. Finance Director Horton responded that the City would have to have a rate increase or at least a change in the rate structure to do anything at this point, even to refinance. Mr. Gleason said the City is in violation of..... Mayor Vandergrift said that was St. Johns River Water Management District, not funding. Commissioner Anderson said he recalled reviewing this last year and we were in the red anyway. We were working in the red the whole time so it is hard to refinance when you are losing money. Mrs. Horton said Mark Galvin was en route and he would address this in more detail when he arrived. She added the preliminary engineer's report, the financial feasibility study that was done, and the last five reports submitted to this Commission showed that in the Utility Fund expenditures were growing at 8% and revenues were coming in at 4%. She said this shows we are unable to run the operation, let alone go out for capital needs. The bond coverage right now is at$1.37 and when we started with the bond we were at$1.92. Mr. Wheeler said we do not have enough money to do the utilities relocation in the Maguire Road Phase 5 project, even though there is enough to pay for the road. Mayor Vandergrift proposed using road money to relocate the utilities and Mrs. Horton advised the road impact fees are currently being used for the construction on Maguire Road and, although that money will be reimbursed over a period of years, it is not available now. Commissioner Anderson restated the issue. Mayor Vandergrift asked if a rate increase was absolutely necessary. Mrs. Horton said without some direction from City Commission, if they were to approach rating agencies or bonding agencies we would be paying a premium because, right now, we are not able to show them how we will deal with the fact that we arc not earning money the way we need to be earning it. Mr. Gleason said if we were not here tonight to talk about borrowing$4.5 million and an additional $2.5 million, we still would be having this meeting to talk about rates because we have a utility department that is 2 o I Ocoee City Commission Work Session A n May 12,2003 not covering itself and will soon reach the point of requiring critical action. IIe said if no rates were being addressed he would have two options—personnel cuts, salary cuts, or service cuts. Mayor Vandergrift said there have been two rate increases in the past 5 years. One of them was rolled back because of the windfall and because this Commission did not think it was fair to our citizens. The other was a 3% indexing, which, staff had assured Commission, would take care of it. Mr. Wheeler explained that right after that was passed, St. Johns enacted the water restrictions requiring that operations be reduced by at least 15%. Commissioner Anderson and Commissioner Parker talked about the reasons for the changes in rates and the way the money that was gained by the brief rate increase was used to educate citizens regarding water conservation. Water Utility Rates-Inclined Block Rate with Annual PCI Index: David Wheeler-Michael Burton Michael Burton, Burton and Associates, said he had prepared a rate study, the objective of which was to provide a 5-year revenue sufficiency analysis (which was extended for 10 years), develop a conservation rate structure which would provide sufficient revenues and comply with current conservation rate criteria and standards that are being set forth around the state. The proposed rates would provide sufficient revenues for 2004 with only moderate impact to typical residential users. Those who use 10— 12 thousand gallons and over will have increases in their bills. The proposed annual rate indexing after FY 2004 would he the greater of 3% or the CPI index. Adoption of this recommendation would provide funding and would support required financing for the next 5— 10 years of capital improvements. Mr. Burton then reviewed the proposed rate structure and its effect on the consumer, saying those who use 5,000 gallons or less would actually experience a reduction in their bills. Those who use 12.000 gallons would experience about a 25% increase. He then reviewed the proposed rate charges for water and wastewater and recommended charging 75% of those rates for reclaimed water. (See attachment A to these minutes for the rate structure.) Discussion ensued about the rates and how best to introduce the proposed increase to the citizens so they would understand the purpose of the change was to encourage conservation, as well as to make the utilities self supporting. Mayor Vandergrift asked Mark Galvin what amount of time it would take to process a bond issue. Mr. Galvin said back in February they started working on the bond resolution, rate study, engineer's report, and the preliminary official statement. After reviewing the documents they noticed this history of the net revenues dropping and that issue has become a credit concern as to financing. The City currently has an A rating with Standard and Poor. In 1997 the net revenue coverage dollar for revenues to dollar for debt service was $1.92 to $1.00. Since that time every year that revenue coverage has continued to drop. When going before the bonding company he will have to be prepared to respond to the questions they will ask about why the revenue has continued to drop and what the City is going to do about it. In order to maintain the A rating it will be necessary to have a rate structure in place. if not, the City must be prepared to have its rating downgraded, which would result in having to pay a higher rate of interest on the refunding bonds. IF nothing is done at this time, the projected revenue coverage will be$1.16 to $1.00 when they go before the bonding company. He said if nothing is done this year, the City 3 Ocoee City Commission Work Session IL " " U F May 12,2003 probably will go into covenant default which will ruin the City's credit and force the City to raise rates anyway. Mayor Vandergrift said he was unsettled with the Figures as there were no totals. He would like to find out what Apopka does. Commissioner Anderson would like to see the usage calculated with the base amount St. Johns has considered the amount necessary or reasonable to expect a family of two to use—8,000 gallons. Or possibly in increments of 5,000 gallons. Commissioner Anderson said he wanted the consultants to bring back the responses to the comments made by this Commission and bring back a water conservation rate that is suitable to the City to be sure it will provide the funding needed applicable to the bonding for the direction the City is going so it will not be in the red, plus it will be putting money in the reserves and it will be something that the bonding agent will feel like it is enough that will get a suitable rate. Mayor Vandergrift asked what the standard reserve for this fund is. Mrs. Horton said between 5 and 6%. the recommended percent reserve is between 20 and 40%. Commissioner Anderson then restated his request: to bring back proposed rates that will provide sufficient revenue in fiscal year 2004, with a conservation rate structure that results in a moderate impact to typical residential users, with annual rate indexing after fiscal year 2004 at the greater of 3% or the CPI index that will provide funding and will support required financing for the next 5-10 years of CIP. Commissioner Parker said between now and the time the ordinances are prepared it would be appropriate to learn as much as possible about this issue and become conversant with the details. Commissioner Anderson said he wants to hold a community meeting in his district to discuss this. Mayor Vandergrift said, paraphrasing the Governor regarding the school system, if you do not like what you see in front of you, come up with another scheme that can be looked at with detail to it that you might be able to discuss. He said he had asked questions he wanted answers to but he hoped they would be able to move forward at the meeting when those questions were answered. Commissioner Anderson said without objection. Past Due-Late Payment-Notification-Disconnect/Reconnect Policy: Wanda Horton-Donald Carter-Cathy Sills-Robert Holland Finance Director Horton said this Commission had asked for a report on the impact of the increase of the late fees from $5.00 to $25.00 which was adopted in August 2002. The late fees first impacted the customers' accounts in October of 2002. She displayed a chart showing the late fees assessed in 2001/2002 and 2002/2003 March through February and pointed out the number of late fees charged in October 2002 to he 1152 and in February 2003 to be 601. This is 4 Ocoee City Commission Work Session May 12,2003 almost a 48% decrease. As soon as the Ordinance went into effect the number of late fees assessed began to decline. Cut-offs in March 2002 were 178 and in February 2003 were 73, a 59% decrease. From the period of time that the rates were increased, October 2002 to February 2003, the cut-offs went from 84 to 73, a 13% decrease. On the next page of the report Mrs. Horton displayed the results of a survey as she had interviewed 13 other municipalities, and she reviewed the details. Mrs. Horton then reviewed the options listed: (1) Leave fee unchanged, (2) Change Fee— Establish a lower fixed amount, Establish a percentage to be applied to the outstanding balance, Establish a percentage to apply to the outstanding balance with a minimum fixed amount guaranteed, (3) Charge no late fee and cut off if bill is not paid in full by the due date. After discussion, Mayor Vandergrift said he would like to see a 5, 10, 15, 25 or 10% scale. He expressed concern that increasing the fee would not he beneficial to the fund as there would he fewer people paying the fee. Mrs. Horton said they had estimated since the implementation of the $25 fee they had received an additional $14,000 in revenue during the period of time from October to February. Commissioner Parker said she would not want to lose the impetus gained by the $25 late lee but would like to see it changed to $10 - $15 for first and second offenders and graduated up to $20 on the third time and the fourth to $25 and the fifth to $35. She would also like to see a fund established so that those who wished to add a dollar or two to their payment could contribute toward the bill of the truly needy(not for the regulars, but someone who is ill or impoverished). Commissioner Anderson said he thinks the sticker shock of the $25 is over. He expressed concern over the amount of staff time that would be taken to determine the number of times an account is paid late if a graduated scale were to be incorporated. He wanted to establish a rule that a late fee could only be waived if the citizen agreed to have their checking account automatically charged for the utility bill. Mrs. Horton said their computer program does not provide the information that would be needed to implement Commissioner Parker's suggestion. Commissioner Anderson said if Commission decides to go with this type of policy the account history should be programmed into the system rather than starting from the time the program is implemented, so that those who arc habitually late payers will not suddenly have a long grace period in the beginning. Mayor Vandergrift left the dais. Cathy Sills pointed out the graduated scale would cause much confusion with the customer. Mrs. Horton agreed and said the ordinance that dictates how the late fee is assessed and at what time it is actually collected needs to be revisited to be sure it does not conflict with any proposed changes. 5 Ocoee City Commission Work Session DRAFT May 12,2003 Commissioner Anderson said he did not want to address that issue as it is labor intensive. He proposed that without objection that issue not be addressed in the ordinance unless someone else brings it up. Commissioner Parker said she had no problem with that but she would like to have the language changed on the bill, as there are two definitions of cut-off dates now. It would be helpful if language such as, "This bill is $ .if paid by x date. After that date it will he$ plus $25.00." Commissioner Anderson said without objection to fix that part of the ordinance. ADJOURN The meeting adjourned at 9:10 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrif, Mayor 6 ATTACHMENT A1.0 n Q I.h 1_ City of Ocoee Current and Proposed Rate Schedules Water Sewer Current Proposed Current Proposed Customer Charge $0.00 $1.14 Customer Charge $0.00 $1.14 Base Facility Charge Base Facility Charge Meter Size Meter Size 0.75 $7.64 $3.70 0.75 $13.81 $12.37 1 $19.10 $9.25 1 $34.53 $30.93 1.5 $38.20 $18.50 1.5 $69.05 $61.86 2 $61.20 $29.60 2 $110.48 $98.96 3 $122.24 $59.20 3 $220.96 $197.92 4 $191.00 $92.50 4 $345.25 $309.25 6 $382.00 $185.00 6 $690.50 $618.50 8 $611.00 $296.00 8 $1,104.80 $989.60 10 $878.60 $462.50 10 $1,588.15 $1,422.51 12 $1,642.60 $925.00 12 $2,969.15 $2,659.47 Volumetric Charge per 1,000 Gallons Volumetric Charge per 1,000 Gallons Residential Residential 0-4,000 $0.57 $0.78 0-4,000 $1.65 $1.98 4,001 -8,000 $0.57 $1.04 4,001 -8,000 $1.65 $1.98 8,001 -12,000 $0.57 $2.08 8,001 -12,000 $1.65 $1.98 12,001 and Greater $0.57 $3.12 12,001 and Greater $0.00 $0.00 Non-Residential Non-Residential 0-4,000 $0.57 $0.78 0-4,000 $1.65 $1.98 4,001 -8,000 $0.57 $1.04 4,001 -8,000 $1.65 $1.98 8,001 -12,000 $0.57 $2.08 8,001 -12,000 $1.65 $1.98 12,001 and Greater $0.57 $2.08 12,001 and Greater $1.65 $1.98 Reclaimed Water Reclaimed Water Current Proposed Customer Charge $0.00 Customer Charge $1.14 Allowed Monthly Base Facility Charge Usage in Gallons Base Facility Charge Meter Size Meter Size 0.75 $7.65 12,000 0.75 $2.78 1 $19.13 30,000 1 $6.94 1.5 $38.25 60,000 1.5 $13.88 2 $61.20 96,000 2 $22.20 3 $114.75 180,000 3 $44.40 4 $295.69 699,000 4 $69.38 6 $676.40 1,599,000 6 $138.75 8 $1,057.12 2,499,000 8 $222.00 10 $1,607.88 3,801,000 10 $346.88 12 $2,453.07 5,799,000 12 $693.75 16 $4,864.25 11,499,000 Volumetric Charge per 1,000 Gallons Residential Volumetric Charge per 1,000 Gallons 0-4,000 $0.59 Above Allowed Monthly Usage 4,001 -8,000 $0.78 8,001 -12,000 $1.56 Residential $0.38 12,001 and Greater $2.34 Non-Residential $0.25 Non-Residential 0-4,000 $0.59 4,001 -8,000 $0.78 8,001 -12,000 $1.56 12,001 and Greater $1.56 DRAFTRAF U Agenda p-15-2003 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JULY 1, 2003 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. and then called for a moment of silent prayer. 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, City Clerk Grafton, Community Development Director Wagner, Fire Inspector Stanley, Information Systems Director Ross, Police Chief Goclon, Senior Planner Willman, and Support Division Chief McNeil, PRESENTATIONS AND PROCLAMATIONS -None COMMENTS FROM CITIZENS/PUBLIC - None COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson thanked citizens in District 2 who attended his informational meeting Monday night. Commissioner Parker announced the Police Department Golf Tournament July 12. Mayor Vandergrift announced he had received a call from Ward Britt in Winter Garden, who challenged Ocoee for an Old Timers Ball Game on September 6. CONSENT AGENDA The consent agenda consisted of items A, B,C, D, E, F, G, and H. Al.l.MATTERS LISTED UNDER n IE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OE CITY COMMISSIONERS AND WILL BL ACTED UPON BY ONE MOWN THERE W IIJ_BE NO SEPARATE DISCUSSION OF THESE 1 TEEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OE HIE COMMISSION,IN WHICH CASE THE MAYOR WILL INSTR UCT THE CITY CI ERR TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY, A. Approval of City Commission Regular Meeting Minutes of June 17, 2003. (City Clerk Grafton) B. Reappointment of Education Commission Members. (City Clerk Grafton) The terms of Debra Booth, Phyllis Girley, and Michael Lucas will end August 2003 and each has indicated willingness to serve another 2-year term. This new term will end August 2005. C. Approval and Authorization for Staff to Finalize All Acquisition Requirements for the 29.25 - Acre Poer Property. (Community Development Director Wagner) This authorization will include the expenditure of funds to survey, annex, rezone, change land use and pay all obligations as part of the Agreement for Sale and Purchase. D. Approval and Authorization for Temporary Closing of Mill Stream Road, Sawmill Subdivision, for a Block Party. (Building Official Phelps) The event will be held July 4, 2003, from 10 a.m. to 12 a.m. The following requirements will be met: Cl) All residents that will be affected by the road blockage Ocoee City Commission Regular Meeting ✓ A F July 1,2003 must be notified in advance, (2) Health Central Ambulance must be notified of the road closure in advance, (3) An emergency lane must be maintained at all times, and (4) Roads must be blocked with proper barricades. E. Approval and Authorization for Mayor and City Clerk to Execute Wellington Place Subdivision Plat. (Public Works Director Wheeler) Wellington Place is a 38 lot single-family subdivision located on the southeast corner of AD. Mims Road and Johio Shores Road. Staff has reviewed and approved the required documentation pertaining to the platting of this subdivision and recommends approval. F. Approval and Authorization to Use Traffic Surcharge Funds for In-Vehicle Reporting System. (Police Chief Goclon) Orange County has made $22,805 in traffic surcharge monies available to the police department for use with the In-Vehicle Reporting/Silent Dispatch System. This amount will provide 5 laptops and it must be expended before August 1, 2003, or the funds will automatically roll into the lease account for the new radio consoles for which the City entered into a lease agreement this year. The police department must first purchase the items with City funds and Orange County will reimburse upon presentation of receipts for the items purchased. Staff requests the bid or quote process be waived for this particular purchase as the City has recently purchased the same model computers and the computers and licenses arc proprietary and/or sole source items. G. Approval and Authorization to Transfer$6,000 from Fire Department Operating Account No. 001-522-00-5202 to Fire Department Equipment Capital Account No. 001-522-00-6400 for the Purpose of Replacing Non-Operable Ice Machines. (Fire Chief Strosnider) The ice machines at Station One and Station Four are non-operable and the cost of repair exceeds the cost of replacement. Ice is stored on each engine for personnel hydration and emergency medical calls. The purchasing procedure will be followed and written quotes will be obtained. H. Approval and Authorization to Transfer$2,019 from Fire Department Operating Account No. 001-512-00-5202 to Fire Department Equipment Capital Account No. 001-512-00-6400 for the Purpose of Purchasing Radio Headsets for New Engine Three. (Fire Chief Strosnider) The new Engine Three was purchased without the headset option, because the headsets must be consistent with the Fire Department's existing apparatus. Sigtronics Emergency Vehicle Intercom System is the type currently in use. The purchasing procedure will be followed and written quotes will be obtained. PUBLIC HEARINGS Forest Trails Subdivision (f.k.a. Battaglia Property) Preliminary Subdivision Plan. (Community Development Director Wagner) Community Development Director Wagner gave the staff report. The Forest Trails Subdivision (formally known as the Battaglia Property) is located along the north side of Clareona Ocoee Road about 1,000 feet west of Apopka-Vineland Road. The Preliminary Subdivision Plan proposes 136 single-family residential lots on 62.2 acres. The property is zoned R-1 AA requiring a minimum lot width of 75 feet and lot size of 9,000 SF. The northern 2 Ocoee City Commission Regular Meeting I I l I A F 7 July I,2003 V edge of the property abuts the West Orange Trail, and the western edge abuts a wetland area that is associated with Trout Lake, which will be covered by a conservation easement dedicated to the City. The surrounding land to the north and west is not in the City. It is undeveloped with Orange County A-1 zoning. To the east the land is also not in the City, and is also undeveloped,but with Orange County C-1 zoning. On the south side of Clarcona Ocoee Road, the property is zoned R- IAA in the City and is currently under construction as the Windstone at Ocoee Subdivision. The developer is requesting one waiver from the normal Code requirements to allow a block length greater than 1,000 feet. The justification listed in the waiver table on Sheet 2 indicates that the locations of the entrance roads shown on the plan, resulting in the need for the waiver, arc consistent with entrance locations in the Orange County plans for widening Clarcona Ocoee Road. It also indicates that the waiver allows a larger open space buffer along the West Orange Trail. This waiver was approved for the Windstone subdivision on the south side of Clarcona Ocoee Road. Planning staff supports this waiver request. In 1994, Orange County, the City of Ocoee and Battaglia Fruit Company entered into a Tri-Party Agreement that addressed certain issues related to this property in an effort to protect the Clarcona Rural Settlement Area from expanding urban growth. One of those issues was a requirement for a 25-foot buffer along the eastern boundary of the property. Subsequently, Orange County rezoned the land adjoining the east end of the property to commercial, thereby eliminating the need for the 25-foot buffer. Within the past few months, all three parties have approved an amendment to the Tri-Party Agreement that eliminated the 25-foot buffer requirement. the Amendment does, however, require the Developer to notify prospective purchasers in writing and by visual display that the adjoining property to the east is zoned Commercial. The Development Review Committee (DRC) reviewed the Forest Trails Preliminary Subdivision Plan on May 27, 2003, and voted unanimously to recommend approval of the Preliminary Subdivision Plan with minor changes to the plans as discussed at the meeting to be made prior to the Planning & Zoning Commission hearing. These changes were made and shown on the plans date stamped"Received June 5, 2003." On June 10, 2003, the Planning and Zoning Commission considered the proposed Preliminary Subdivision Plan for the Forest Trails Subdivision. During the discussion, the Commission asked questions regarding tree protection, especially along the West Orange Trail, which were addressed by Staff and the Applicant. There was also concern about notifying the homebuyers that the adjacent property is zoned commercial. This issue is addressed in the First Amendment to the Tri-Party Agreement. The question was also raised as to whether Orange County would require that a buffer wall be constructed along the eastern boundary when the commercial property is developed. According to the Orange County Code, a 15' opaque buffer would be required when the adjacent commercial property is developed When the discussion was finished, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed Preliminary Subdivision Plan in accordance with the Staff 3 Ocoee City Commission Regular Meeting July 1,2003 recommendation, but with an additional condition that a tree preservation plan be provided to avoid the need for filling and to save as many trees as possible along the West Orange Trail. Staff recommended approval of the Preliminary Subdivision Plan for Forest Trails Subdivision, as date stamped received by the City on June 5, 2003, including the requested waiver, with consideration to the additional recommendation made by the Planning and Zoning Commission. In addition, Mr. Wagner asked for direction to negotiate with the developer for acquisition of parkland arca with the tradeoff being to allow the developer to extend his stormwater management into the I00-year flood plain. Kevin Kramer, Professional Design Associates, 3165 McCrory Place, Orlando, was present to respond to any questions. The public hearing was opened. R.P. Mohnacky, 1820 Prairie Lake Blvd, raised several questions regarding the definition of passive recreation area and flood plain, to which Mr. Wagner responded. The public hearing was closed. A brief discussion followed, and Commissioner Howell expressed concern that the homeowners next to the trail might put their fences up in the buffer strip, since the developer is not required to put up a fence. Commissioner Parker. conded by Commissioner Johnson moved to approve Forest Trail Subdivision Preliminary Subdivision P14n, as date stamped received b the City on June 5 2003 as presented and recommended b Staff inching the waiver from the normal Code requirements to allow a block length seater than 1000 feet,�vith an additional condition that a tree preservation plan be rovided to avoid the need for filling and to save a many trees as possible alongihe West Orange Trail,and to eive direction to Staff to ne otiate forth ark area as reuuested Motion carried 5-0. OTHER BUSINESS First Reading of Ordinances. Second Readings and Public Hearings Scheduled for July 15, 2003 at 7:15 p.m. Ordinance No. 2003-24, Repealing/Replacing Articles I, II, and III of Chapter 173 of the Code and Other Amendments to Chapter 173; Revising and Increasing Sewer and Water Rates and Charges. (Public Works Director Wheeler) Ordinance No. 2003 - 25, Amending Chapter 174 of the Code Relating to Reclaimed Water. (Public Works Director Wheeler) City Attorney Rosenthal read the titles only of Ordinance No. 2003-24 and Ordinance No. 2003-25 for the first reading. Mayor Vandergrift announced the second readings and public hearings for both ordinances are scheduled for July 15,2003 at 7:15 p.m. 4 DmAV� � Ocoee City Commission Regular Meeting July I,2003 Settlement of Code Enforcement Fines Agreement with Colony Plaza Condominium Association, Inc (City Attorney Rosenthal) City Attorney Rosenthal presented the staff report and recommendation, explaining the reason the backup material was not in the packet was that they had been in conference negotiating this afternoon with John Holdsworth, the court appointed receiver, and his attorney, right up until close to 7:00 p.m. Mr. Rosenthal outlined the details of the Agreement and gave a timeline for the completion of bringing the building into compliance as to the Code violations and site issues. He said Mr. Holdsworth had as his goal restoring the Colony Plaza as a hotel. The Agreement calls for the Receiver to put together some plans which would be submitted to the Building Department and Planning Department to address curing the Code violations and site issues, to move those through the City's normal processes, to pay all of the normal application fees, to post with the City a $10,000 review deposit, and hopefully as a result have plans for which the City will issue building permits, and on a phased basis, start to bring the facility into compliance. The Agreement provides that, prior to the issuance of any building permits the City would receive a check from the Receiver in the amount of$140.000, which is intended to reimburse the City for its out of pocket expenses. The fines will remain in place until the entire facility is brought into compliance. The Code violations will have to be cured, a certificate of occupancy will have to be issued for both buildings, a certificate of completion will have to be issued for the exterior site issues. When that happens, the City will waive the fines, so there will be no additional payment to the City at that point. Commissioner Anderson seconded by Commissioner_lohnson moved to annrove the SettlemenLAgreement with Colons Plaza Condominium Association Inc. as presented and to authorize the Mayor andCitLClerk to execute. Motion carried 5_Q. Resolution No. 2003-15, in Support of Orange County Transportation Mobility 20/20 Initiative. (City Manager Gleason) City Manager Gleason presented the Resolution and said he had been assured by the county that if the City moves ahead and completes any of the road projects that arc on the Mobility 20/20 plan the City would still receive the monies to pay for the projects. Mayor Vandergrift stated he was uncomfortable moving forward with a Resolution before getting an Interlocal Agreement in place and he handed the gavel to Mayor pro tern Anderson as he stepped away from the dais. Commi.sinner Parker seconded by Commissioner Anderson moved to adont Resolution No. 2003-15in support of Orange_Cou_nty_Tranmportsltion Mohility 20/2QlnitiallYC—Motion carried 4-0. Mayor Vandergrift was away from the dais. Call Meeting for July 29, 2003 at 6:00 p.m. to Set Millage Rate. (City Manager Gleason) Without objection, a Special Session was scheduled for July 29, 2001 at 6:00 p.m. in the Commission Chambers, for the purpose of setting a millage rate for fiscal year 2003-2004. Appoint Voting Delegate for Florida League of Cities Conference of August 14-16, 2003. (City Manager Gleason) 5 Ocoee City Commission Regular Meeting July 1,2003 Commissioner Anderson seconded by Commissioner lohnson moved to anoaint Ma Vandergrift voting_delevate for the Florida League of Cities Conference of Au_ust 14-16`2003. Motion carried 5-0. EMERGENCY ITEM At Commissioner Parker's request, Mayor Vandergrift declared the adoption of Resolution No. 2003-16 to be an emergency item. Commissioner Parker said she had requested this item at the last meeting but due to miscommunication it had been omitted from this agenda. She then presented the Resolution for consideration, and after reviewing the details suggestions were made to make several changes: add space for an c-mail address to the speaker's form, and change the petitioner's time to speak from 20 minutes to I S minutes. Commissioner Johnson also said there should be a police officer present at each meeting. Commissioner Parker seconded by Commissioner Johnson moved to adopt Resolution No. 2903-16 adooline the Civility Code and new speaker's form with the chanties as discussed_ Motion carried 5-0. STAFF REPORTS City Manager Gleason asked that$2,000 be transferred from Contingency to Fire Department Travel Fund to send Assistant Fire Chief Firstner, Support Division Chief McNeil, Fire Inspector Stanley, and Engineer/Paramedic Ellis to attend the Homeland Security Sessions and other classes presented by the Florida State Weekend Fire Academy Commissioner Johnson seconded by Commissioner Parker moved to transfer $2,000 from C ntin •n v ) th• Fire De aliment Travel Fund for the ur ose as re ucsted. Motion carried 5- 0. City Manager Gleason advised the budget was calculated before Commissioner Johnson was appointed delegate to the National League of Cities Conference and more funds were needed in the Commission Travel Account to cover those expenses. Commissioner Anderson, seconded b Commissioner Parker, moved to authorize the transfer of 53.500 from Contincenev to the Commission Travel Account Motion carried 5-0. City Manager Gleason acknowledged Florida Auto Auction for providing 35 tickets for Ocoee employees to attend the pole races this week(and the same for Winter Garden as well). COMMENTS FROM COMMISSIONERS Commissioner Parker I. Said she has a meeting July 9 with Commissioner Jacobs to discuss animal control and she asked for concerns to report. Commissioner Howell said around Marlene Drive needed attention. City Manager Gleason said he would provide a GIS map for her. 2. Said she is liaison to the Founders Day Board and cannot always be present for the whole meeting. She asked that a synopsis of the meetings be provided. Mr. Gleason said he would pass on the request to Parks/Recreation Director Farmer. 6 Ocoee City Commission Regular Meeting " July 1,2003 Commissioner Johnson 1. Said the color of the fire house on Maguire Road is too bright and he wants it changed. 2. Said he still has not received a report on the lights that were to go around Starke Lake. 3. Wants to be sure he is included when there arc meetings regarding the Downtown Plan, 4. Said he has learned that other Commissions/Councils go on two-day retreats and he would like to see this Commission do that as well. Mr. Gleason advised he is budgeting for a retreat for strategic planning. 5. Discussed the condition of the West Oaks Mall and the fact that out parcels are not selling as hoped. Would like to see additional police control at the Mall. 6. Said he has no problem suing OCPS about the naming of Ocoee Iligh School and he wants a letter to OCPS telling them they took away Ocoee's high school twice and it was time to return it. 7. Announced to citizens in his district he would be happy to attend their homeowners association meetings to discuss rate studies. Commissioner Anderson said this is a holiday weekend and cautioned everyone to drive carefully. Commissioner Howell asked if all employees had an opportunity to attend training sessions like the one just approved for the Fire Department, and he was assured that department directors budget for training for personnel. Mayor Vandergrift 1. Said the West Orange Times stated the City of Ocoee was privatizing solid waste and said he understood we were just advertising for RFPs. 2. Said he would like to see the Coke property called Ocoee Educational Research and Recreational Park, but noticed it is being referred to as Crown Point Park. Commissioner Parker suggested asking staff and employees to suggest names for the whole area. 3. Reported on his presentation to OCPS for naming the school Ocoee High School. Mr. Gleason said he would direct Gequita to look into coordinating attendance for the entire Commission at an OCPS meeting. Jim Fleming, 511 Orange Avenue, said he had made many calls to OCPS and had advised them he would leave them alone as soon as they promised to name Ocoee High School. ADJOURNMENT The meeting adjourned at 9:22 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 7