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HomeMy WebLinkAboutV(A) Approval and Acceptance of Minutes of the City Commission Regular Meetings of September 2, 2003; September 16, 2003 and Take Home Vehicle Workshop of August 25, 2003 q &F r Agenda 10-07-2003 1 Item V A MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD SEPTEMBER 2,2003 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:23 p.m. in the Commission Chambers and called for a moment of silent prayer. Frances Watts led in 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, Building Official Phelps, City Clerk Grafton, Community Development Director Wagner, Fire Chief Strosnider, Finance Director Horton, Information Systems Director Ross, Technical Support/Trainer Sauerwein, Planning Manager Lewis, Principal Planner James, Police Chief Goclon,and Public Works Director Wheeler. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentation of Certification Award and Pin to Deputy City Clerk Brenda Maxwell, CMC. (City Clerk Grafton) Mayor Vandergrift presented Deputy City Clerk Brenda Maxwell with a plaque from International Institute of Municipal Clerks showing her certification as Municipal Clerk after three years of training and City Clerk Grafton presented the City Clerk's pin Brenda had earned as well. COMMENTS FROM CITIZENS/PUBLIC Mark Scalzo, 6938 Cross Cut Court, inquired about the status of the Citizens Advisory Council to the Ocoee Fire Department. City Manager Gleason advised the forming of that board would be on the September 16 agenda. Barbara Anthony,405 S. Bluford Avenue, addressed the Commission about the school traffic from Ocoee Middle and Ocoee Elementary Schools, describing the difficulties she has had with the cars parking in her yard and blocking her driveway twice a day. Dennis Foltz and Dan Buckman,with Orange County Public Schools, responded to her concerns. Jean Grafton,452 S. Lakewood Avenue,thanked Mr. Buckman and Mr. Foltz for their efforts and said she had seen improvement in the traffic flow but parents were still parking in her driveway. Frances Watts,43 Shell Key Court, addressed the Commission about Founders Day, saying she had heard the Senior Coffee Shop was to be replaced with the beer garden. Commissioner Johnson assured Mrs. Watts that was not the case. Ocoee City Commission Regular Meeting September 2,2003 pD COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson reported Rob McKey had asked for volunteers for the Trail Committee. Commissioner Johnson announced Founders Day October 19 and described the entertainment coming that day. Commissioner Parker cautioned citizens about continuing to water their lawns during this very wet season. Mayor Vandergrift 1. Announced Thursday, September 4,at 7:15 p.m. at Citrus Elementary School Cafeteria there would be a meeting to discuss rezoning for a new school that is going into Pine Hills to relieve Citrus Elementary. 2. On Saturday at 9:30 a.m. an open house would be held at Oakland Charter School. 3. Saturday at 9:00 a.m. the Ocoee Senior All-Stars will play the Winter Garden Old Geezers at Walker Field in Winter Garden. CONSENT AGENDA The Consent Agenda consisted of items A,B, C, D, E, F, G, H, I,J, K, L, and M. Commissioner Anderson pulled items D, F, G, and K for separate consideration. Co i missioner And.rson.seconded by Commissioner Parker,moved t. • . . . ' - u : C, E,H, I,J,L, and M as presented. Motion carried 5-0. 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 separately. A. Approval and Acceptance of the Minutes of the City Commission Regular Session of August 5,2003; Special Sessions of July 29 and August 13,2003; Budget Work Sessions of August 11 and 13,2003; and Joint Meeting with Recreation Advisory Board of June 16, 2003. (City Clerk Grafton) B. Approval and Authorization to Implement the Policy Regarding Public Comments Process. (City Clerk Grafton) Authorization for Commission Meeting Public Comments Process which will allow citizens to view the City Commission meeting on TV and to submit their opinions for the record by telephone and e-mail. C. Approval and Acceptance of Quarterly Financial Report—Third Quarter. (Finance Director Horton) Acceptance of the Quarterly Financial Report for the third quarter of the fiscal year 2003. The report summarizes financial activity for the period April 2003 through June 2003. D. Pulled for Separate Consideration—See Below. 2 D Q�Ocoee City Commission Regular Meeting l! September 2,2003 E. Approval and Authorization to proceed with the Bidding Process and Utilize $25,000 from Contingency for the Police Department Air Conditioning System. (Deputy Public Works Director Zaitooni) The Police Department's AC unit is in need of replacement due to persistent problems and high repair costs. In interest of time and high repair costs, staff is requesting to proceed with the bidding process to replace the unit immediately at a cost of$25,000.00. The funds for the replacement are available from contingency. F. Pulled for Separate Consideration - See Below G. Pulled for Separate Consideration - See Below H. Approval and Authorization for the Acquisition of 350 Radio-Read Transmitters and 180 5/8" Potable Water Meters at a Cost of$60,300 from INVENSYS. (Public Works Director Wheeler) Authorization to allow the new water meters and radio-read mechanisms be purchased from INVENSYS to keep the metering system in the City of Ocoee compatible with the existing metering configuration and software, and to approve the cost of additional meters and equipment at a cost of$63,000.00. I. Approval and Authorization for Mayor and City Clerk to Execute Interlocal Agreement with Orange County for Emergency Medical Services. (Fire Chief Strosnider) Authorization for Mayor and City Clerk to execute the Emergency Medical Services Interlocal Agreement between Orange County, Florida and Ocoee, Florida. J. Approval and Authorization for Mayor and City Clerk to Execute Purchase Agreement with Dr. Charles N. Young for Parcel 801 for Old Winter Garden Road Widening Project. (Assistant City Attorney Doty) As part of the Old Winter Garden Road Widening Project,the City needs to acquire Parcel 801 from Dr. Charles N. Young, as Trustee, as owner of property located at the northeast corner of Maguire Road and Professional Parkway. Parcel 801 is a 2,967 square foot slope easement along the Professional Parkway frontage. K. Pulled for Separate Consideration - See Below L. Approval and Authorization for Mayor and City Clerk to Execute Enterprise Agreement with Microsoft for Server Software and Licenses. (Information Systems Director Ross) Approval of waiving the City's formal bid process and purchasing Microsoft server software through Software House International as the holder of the Florida State Contract 255-001-01-1 and authorize the Mayor and City Clerk to execute all documents necessary to finalize the purchase of, and enrollment into,the Microsoft Enterprise Agreement. M. Approval and Authorization for Staff to Advertise a Request for Qualifications for the Finding of Necessity and Community Redevelopment Plan. (Assistant to the City Manager Shira) Authorization to advertise a request for Qualifications for the Finding of Necessity (Blight Study)and Community Redevelopment Plan and for approval on the proposed CRA boundary. ITEMS PULLED FROM CONSENT AGENDA D. Award of Bid#B03-06 Networked Copier/Scanner Devices to Zeno Office Solutions. (Buyer Tolbert) 3 { Ocoee City Commission Regular Meeting September 2,2003 © � Bid#B03-06 was advertised on August 3, 2003, and publicly opened on August 19, 2003. Five responses were received from the following companies: 1)Zeno Office Solutions, Inc. 2)Danka Office Imaging 3)Ikon Office Solutions 4) Imaging Solutions Inc. 5)Imagistics. Staff recommends approval to award bid to Zeno Office Solutions as the most responsive and responsible bidder. After discussion, without objection, item D was tabled until the September 16 meeting. F. Approval and Authorization to Use Contingency Funds to Purchase a Personal Watercraft. (Police Chief Goclon) Authorization for police department to extend an amount not to exceed $10,000.00 out of contingency to purchase a personal watercraft for the police and fire department usage. Henry Morgan, 304 S. Lakeshore Drive,thanked Mr. Gleason and Chief Goclon for their quick response regarding this need. Sue Mross, 302 S. Lakeshore Drive, said she lives on the tip of the canal and is experiencing rapid loss of land as a result of jet skiers. Ito Ji• .� , iL I ' 1 1. - • , s- , f fJ I! ••••l I • I II it fit - . 4 . . . � - presented. Motion carried 5-0. G. Approval and Authorization to Use Saved Server Monies to Purchase Laptop Computers. (Police Chief Goclon) Authorization for police department to utilize the remaining monies (approximately$10,000) in the Computer Equipment account to allow the purchase of at least three additional laptop computers that were not funded in this fiscal year's budget. Commissioner Ander3on,Seconded by Commissioner picker,moved to approve item G as presented. Motion carried 4-0. Commissioner Johnson was away from the dais. K. Approval and Authorization to Declare Equipment as Surplus. (Information Systems Director Ross) Information Systems has accumulated another collection of older computers and phone equipment that has been replaced. Information Systems would like to have this equipment declared surplus so it can be auctioned to employees and the public. Commissioner Anderson requested that select items be declared surplus and auctioned to City employees and continuing the declaration of remaining items until September 16 meeting, without objection. Mayor Vandergrift stated for the record he still believed the downtown area should be the first CRA area. City Manager Gleason displayed maps for both CRAs and explained details about both. PUBLIC HEARINGS 4 Ocoee City Commission Regular Meeting September 2,2003 p 11 Q� Proposed Ocoee Crown Point PUD Presentation of Ocoee Crown Point Master Plan/PUD Land Use Plan,Preliminary Subdivision Plan and Phase I Final Subdivision Plan. (Community Development Director Wagner and Consultants) Mayor Vandergrift introduced Dan Buckman, Dennis Foltz, and Jon Martin from the Orange County Public Schools. Later Mr.Wagner introduced Alex Busto as well. Community Development Director Wagner gave the staff report and displayed drawings of High School buildings and photos of the area. The Ocoee Crown Point PUD property includes a total of about 364 acres located adjacent to Lake Apopka. Most of the property is located north and west of SR 429 but it also includes land on both sides of Fullers Cross Road south of the Beltway, and on both sides of Ocoee Apopka Road south of the Beltway at the intersection of those two roads. The northern edge of the property is bounded by the centerline of Staten Branch. Mr.Wagner shared the presentation efforts with Brian Canin, Canin Associates,who displayed details of the development, Reggie Tisdale,who described the road system,Jim Lewis,who gave the financial details, and Paul Rosenthal,who summarized the process. Approval of Ocoee Crown Point Master Plan. The Interlocal Agreement with the School Board requires the approval of a Master Plan for the City and School Board. The approved Master Plan will become the Land Use Plan for the Ocoee Crown Point PUD. When the public hearing was opened, R. P. Mohnacky, 1820 Prairie Lake Boulevard, spoke. The public hearing was closed. Commissioner Anderson,seconded by Commissioner Johnson,moved to approve the Ocoee Crown Point Master Plan consisting of Sheets C001, C002, C005 and X100 of that certain Land Use Plan for the Ocoee Crown Point PUD prepared by Vanasse Hangen Brustlin, Inc. date stamped received by the City on August 6, 2003, along with the changes to the Conditions of Approval set forth in the Memorandum from Assistant City Attorney Scott Cookson dated August 26, 2903.as revised August 28,2003. the attached written staff comments, and along with any additional issues brought up at the public hearings,through an administrative review. Motion carried 5-0. Authorization for the location of public buildings within the Ocoee Crown Point property as shown on Ocoee Crown Point Master Plan/PUD Land Use Plan. This will approve a variety of public buildings within the Ocoee Crown Point property, including a high school, elementary school,bus maintenance/storage facility,workforce education, fire station,public safety training facility,park amphitheater,waterfront village with boat ramp, and institutional buildings. 5 Ocoee City Commission Regular Meeting D Q U 2, September 2003 P The public hearing was opened and, as no one wished to speak,was closed. Commissioner Anderson,seconded by Commissioner Parker,moved to authorize the location of s ublic buildinss and faci ities within Tracts 1, 3, 3A.4, 5, 6A, 6B, 6G. 7A, 7B, 8, 11~, 1 and 13 as shown on the Ocoee Crown Point Master Plan, such buildings to include but not be limited to buildinss including a high school, an elementary school. adult work fore- -ducation facilitie-, a bus maintenance/storage facility, afire station,a public safety training facility,a public park � � ••_1ie - 1 1 -rasa . - 011 V' l •'0' . u . scale public boat ramp). Motion carried 5-0. Exemption of proposed Ocoee Crown Point PUD from locational requirements for certain businesses to allow the sale of alcoholic beverages within 1,000 feet of a school or church. This will allow the sale and consumption of alcoholic beverages within businesses such as restaurants,but prohibit bars and package liquor stores within 1,000 feet of a church or school, which may be located within the Ocoee Crown Point property. When the public hearing was opened, Dan Buckman, OCPS, spoke briefly about the need to keep the hedge of protection around the schools. As no one else wished to speak,the public hearing was closed. Commissioner Parker, seconded by Commissioner Johnson,moved to (1) find that the granting of an exemption from the provisions of Section 38-5 of the Ocoee City Code will facilitate and encourage the location of churches, a high school and elementary school within the Ocoee Crown Point PUD; and(2)exempt all lands located within the Ocoee Crown Point PUD property from the provisions of Section 38-5 of the Ocoee City Code which imposes locational requirements with respecto the sale of alcoholic beverages near churches and schools, subject to t he condition that stand alone businesses, such as bars and package liquor stores which receive more than 50%of their gross revenue from the sale of alcoholic beverages, whether for consumption on or off premises, shall be prohibited within 1,000 feet from any church site,the high school site and the elementary school site located within the Ocoee Crown Point PUD properly;provided,however,that the forgoing is conditioned upon the adoption of Ordinance No. 2003-34. Motion carried 3-2 with Commissioners Anderson and Howell voting no. Exemption of proposed Ocoee Crown Point PUD from requirement to construct reclaimed water mains. (Not a Public Hearing) This will allow the Ocoee Crown Point property to be developed without the installation of a reclaimed water system depending upon final bids received by the City, as an additive alternate. City Attorney Rosenthal said the cost to the City just to install the mains would be $200,000 and Ocoee reclaimed water would not be used there, so staff recommended exemption from this requirement. Mayor Vandergrift, seconded by Commissioner Anderson,moved to deny the exemption. Motion carried 4-1 with Commissioner Parker voting no. 6 c:TOcoee City Commission Regular Meeting September 2,2003 onF Authorize the conveyance of Tract 5 as shown on the Ocoee Crown Point Master Plan to The School Board of Orange County. (Not a Public Hearing) This will authorize the Mayor and City Clerk to execute all documents necessary to convey Tract 5 to the School Board for development as a high school. City Attorney Rosenthal directed attention to his memorandum dated August 26 outlining the details for this conveyance. Mayor Vandergrift, seconded by Commissioner Anderson,moved to approve the conveyance of Tract 5 as shown on the Ocoee Crown Point Master Plan to the School.Board of Orange County and authorize the Mayor and City Clerk to execute all docuinents necessary to accomplish the foregoing, including but not limited to the execution of deeds, easements and other documents related thereto as may be determined by the City Attorney, Motion carried 5-0. Mr. Buckman thanked the Commission and expressed his appreciation for the efforts put forth by Mr. Wagner, Mr. Gleason and staff as they had worked very hard for three years to reach this point. He added that the School Board is revisiting the process of naming schools. Mr. Gleason said Mr. Martin has earned a tremendous amount of credit along with Mr. Buckman. Mayor Vandergrift added his congratulations and words of appreciation to staff, consultants, and school representatives. RECESS 9:45 P.M.—9:58 P.M. Second Reading of Ordinances Adair Pointe(Planning Manager Lewis) Planning Manager Lewis gave the staff report, describing the area and displaying the area on the overhead. Adair Pointe property includes about 3.52 acres located on the east side of Adair Street approximately 1,400 feet north of Wurst Road, between Vignetti Park and Sorenson Field. Mr. Lewis explained that, along with the annexation ordinance, zoning ordinance,annexation agreement, and preliminary subdivision plan there would be a warranty deed for the right-of-way and a quitclaim deed (made necessary by the filing/recording of inaccurate documents). He said the DRC, Planning and Zoning Commission, and staff recommend approval and authorization for the Mayor and City Clerk to execute the necessary documents. Ordinance No. 2003-26 AnnexationCity Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened and, as no one wished to speak,was closed. Mayor Vandergrift, seconded by Commissioner Johnson,moved to adopt Ordinance No, 2003-26 as presented. Motion carried 5-0. Annexation Agreement 7 Ocoee City Commission Regular Meeting September 2,2003 City Attorney Rosenthal announced this was not a public hearing. Commissioner Howell. seconded by Commissioner Johnson,moved to approve the Annexation Agreement, subject to the owner executing the Annexation Agreem-nt and the Warranty Deed conveying the 25 feet of additional road right-of-way to the City, and to authorize the Mayor and City Clerk to execute. Motion carried 5-0. Ordinance No. 2003-27 Initial Zoning City Attorney Rosenthal read the title only of the Ordinance zoning the parcel R-1. 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. 2003-27, Motion carried 5-0. Preliminary Subdivision Plan Mr. Lewis presented the plan for this site and explained the developer has asked for a waiver from putting in a recreation facility in exchange for a sidewalk to the south to provide access to an existing park and a donation from him of$1,000 toward recreation facilities. The Planning and Zoning Commission asked that the developer be required to provide a recreation facility. Commissioner Johnson said$1,000 would not be nearly enough to cover the cost of a recreation facility. Frank Munion,developer, said he has been unable to contact the owner of record of the property over which the sidewalk would go and he could not build a sidewalk on property that was not his. Mayor Vandergrift proposed condemning the property and authorizing the developer to put his recreation area there. Commissioner Howell asked for a fence to protect the houses from balls. Commissioner Anderson proposed having the developer build the sidewalk all the way after the City gets the right-of-way and give the City $10,000 for recreation. Commissioner Anderson, seconded by Commissioner Howell,moved to : .prove the staff reco endation, including the waiver,with the additional requirements that the sidewa •e installed subject to the City obtaining the easement to ran all the way to City of Ocoee property l F '• ' _I , - -4- t '•! - !_• J - e •- • . ! Si en • •- tI t. .- g!i_'j - . Parks/Recreation and showing on the final_subdivision plan w) i h_would be comm. .. , .t Commission for final approval. Motion carried5-0, Richard Doss (Principal Planner James) Principal Planner James gave the staff report, displaying the property on the overhead. The request involves a 1.66 acre parcel (Parcel A)and a 0.366 acre parcel (Parcel B)bounded on the 8 Ocoee City Commission Regular Meeting ® 11 u D ( p F T September 2,2003 south by West Columbus Street, on the north by West Orlando Avenue, on the west by South Kissimmee Avenue, and on the east by the new Fire Station#1 now under construction. Mr. Doss is requesting a change in zoning on both parcels to I-1 (Restricted Manufacturing and Warehousing). Staff recommended approval of the rezoning of Parcel A, subject to execution of a Development Agreement, but denial of the rezoning of Parcel B. The Planning and Zoning Commission had recommended approval of the request for Parcel A without the stipulations in the proposed Development Agreement, and denial of the request for Parcel B. Ordinance No. 2003-28 Rezoning Parcel A City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened. Richard Doss, owner of the property, said he was asking for light industrial zoning for both parcels, and he felt he had given enough for the right-of-way in the `50s when he gave 20 feet to Orange County for the development of Kissimmee Avenue. He said the Planning and Zoning Commission apparently agreed and had recommended approval of his request for Parcel A without his giving more, but recommended denial for Parcel B. Mr. Rosenthal said Mr. Doss is correct in that his property is industrial under the Comprehensive Plan and he is entitled to industrial classification under the zoning code. He has asked for the least intensive industrial zoning classification. He said the issue of right-of-way might be more appropriately addressed if/when a developer comes in and this Commission is looking at a specific site plan. He suggested approval of the Ordinance without prejudice to the right of the City to require the dedication of additional right-of-way at the time of development of Parcel A and prior to the issuance of any building permits. As no one else wished to speak,the public hearing was closed. Commissioner Johnson, seconded by Commissi s • : 1 s • .: i , $5 s=Lig adopt• •'• • - No. 2003-28 rezoning Parcel A to I-1 as requested without preil - I s ., + I -1 • - require the dedication of additional right-of-way at the time of development of Parcel A.and prior to the issuance of any buildin• .- MAL. _ .41 . Development Agreement for Parcel A Mr. Rosenthal noted that, with the adoption of the above Ordinance,there was no need to sign the Development Agreement. Ordinance No. 2003-29 Small Scale Comprehensive Plan Amendment Parcel B City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened. 9 A'CFOcoee City Commission Regular Meeting D September 2,2003 Mr.James explained that staff had recommended denial of the zoning change for Parcel B, as I- 1 zoning was inconsistent with the Future Land Use Map and the use of the surrounding parcels. It also would be a sub-standard parcel for I-1 zoning. M!vo andergrift,seconded by Commissioner Johnson,moved to continue the pu•lic $ • •' , - k•. _01 - 9 - . - ,i.-r . - Ii- � ' .t • . M. Mt carried 5-0. Ordinance No.2003-30 Rezoning Parcel B City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened. Mayor yandergrift, seconded by Commissioner Anderson,moved to continue the public hearing or Ordinance No. 2003-30 to the September 16 regular meeting at 7:15 p.m. Motion carried 4-0. Commissioner Howell was away from the dais. In order to allow for sufficient advertising, the Second Readings and Public Hearings for the two following Ordinances (originally scheduled for September 2) will be delayed until September 16,2003,at 7:15 p.m. Ordinance No.2003-32 Privatizing Solid Waste Service. (Public Works Director Wheeler) Ordinance No.2003-33 Proposed Amendments to Chapter 38 of the City Code Relating to Sale of Alcoholic Beverages. (City Attorney Rosenthal) OTHER BUSINESS Reduction of Fines Imposed by the Code Enforcement Board and Release of Code Enforcement Board Liens. City Attorney Report and Recommendation. (City Attorney Rosenthal) Continued from the August 5,2003,Regular Meeting. City Attorney Rosenthal directed attention to his staff report, in which he quoted Attorney General Opinion 2002-62 regarding who has the authority to reduce or satisfy a fine imposed by a code enforcement board. He requested direction to review this matter with the Code Enforcement Board to develop a policy regarding the exercise of dual authority prior to the recording of a CEB lien, and to explore the possibility of delegating any of the City Commission's authority to the CEB. Mayor Vandergrift. seconded by Commissioner Johnson, moved to direct staff to review this matter with the Code Enforcement Board and that the Code Enforcement Board provide r • !1 !! - 11 . . 1 • I - •� • 11IP• S / ' `:00 'S • • c! � • S $ S ! - 411 . OS/. - satisfaction and release of fines and liens imposed by the Code Enforcement Board, Motion carried 5-0. 10 11 Ocoee City Commission Regular Meeting V' September 2,2003 NW Sector Plan Scone of Services—Authorization for Staff to Negotiate Work Order. (Community Development Director Wagner and Whit Blanton,Renaissance Planning Group) Community Development Director Wagner requested authorization to negotiate an amendment to the Continuing Transportation Planning and Engineering Services contract with Renaissance Planning Group to conduct a Northwest Ocoee Sector Plan for a budget not to exceed$150,000. He said this study is eligible for funding from Road Impact Fees and Utility Enterprise Funds. Commissioner well, seconded by Commissioner Johnson,moved to authorize staff to neotiate an amendment to the contrac,with Renaissance Planning Group t. conduct a Northwest Ocoee Sector Plan for a budget not to exceed$151 Carla Baker, 6724 Broken Arrow Trail, S, Lakeland,representing Chevron Texaco,addressed the issue, speaking in opposition to the study. Whit Blanton and David Wheeler responded to her points. Mayor Vanderarift. seconded by Commissioner, nderson,, move n a t inn to ust $25,000 and re-evaluate. Motion carried 3-2 with Commissioners Howell and Johnson voting n4• The vote oq the original motion as amended was 1-4 with Commissioners Anderson, Howell,Johnson and Parker voting no. Commissioner Howell, seconded by Commissioner Johnson moved to authorize staff to negotiate an amendment to the contract with Renaissance Planning Group to conduct a Northwest Ocoee Sector Plan for a budget pot to exceed$150,000, Motion carried 3-2 with Mayor Vandergrift and Commissioner Anderson voting no. Set Christmas Holidays for 2004 Community Calendar. (Assistant to the City Manager Shira) Administrative Assistant Cox gave the staff report,explaining a decision must be made regarding the observance of Christmas holidays for 2004 in order to prepare the City's calendar. Commissioner Howell, secVr de l2y Commissioner Parket',nloyed to approve December 23 and 24 as holidays for the City of Ocoee staff and the following Friday as the day to observe the New Year holiday. Motion carried 5-0. Appointments to Boards. (City Clerk Grafton) Mayor Vandergrift asked staff to prepare a policy of recognition for volunteer board members who retire from service, without objection. 11 Ocoee City Commission Regular Meeting September 2,2003 Planning and Zoning Commission—Louis Landefeld Resigned August 13,20 3,Term ends August 2005. Commissiune Ode i n. seconde' s Commissioner Howell.moved to annoint Jim Si is to complete Louis Landefel,'s term ending Au. t 2005 on th- Planning and Zoning ommission. Motion carried 5-0. Police Officers/Firefighters Pension Board—Robert Williams' term ends September 30, 2003,and he does not wish to be reappointed. General Employee Pension Board—Michael Miller's term ends September 2003,and he does not wish to be reappointed. Commissioner Johnson, without objection, requested the Pension Board appointments be tabled until the September 16 regular meeting. Parks and Recreation Advisory Board Parks and Recreation Advisory Board—Bradley Campbell,Jay Hembree,Jeanne Telesca,Thomas Werts,and Bill Winsemann will all have terms ending October 1,2003,and all are willing to serve new terms. CpmnOss•• •e Anderson. seconded by Commissioner Howell.moved to reannoint Bradle Campbell,Ja Ht .ree. Jeann- Telesca. Thomas Werts.and Bill iem• m .. new terms ending October 1,2Q05. Motion carried 5-0. Emergency Ordinance No.2003-35 Amending Chapter 173 with Respect to the Timing of the Payment of Water and Sewer Capital Charges. City Attorney Rosenthal read the title only of the Ordinance. City Manager Gleason explained that the City has experienced a reduction in revenue from water and sewer capital charges due to reserved water and sewer capacity being available from private parties on more favorable terms than are currently allowed under the City Code for direct purchases from the City. Adoption of this Ordinance will give staff the flexibility to be competitive. Ordinance No. 003-3 uo�!c• tM e_ Discussion Re: Drainage Issues,Extreme Park, and Budget Review. (Commissioner Anderson) Commissioner Anderson reported that during his meeting with Commissioner Howell on August 27 they had discussed drainage issues and decided to take those problems directly to Public Works. In their discussion about extreme parks he said,although kids had been asking for a park for a long time, nothing has been done yet and he talked to Parks/Recreation Director Farmer about making Central Park an extreme park. He said he wanted to ensure about$5,000 was in the budget to take care of that. He said he feels the budget for computers is too high and he wants staff to review the figures and sources. Commissioner Anderson said further during their discussion of the Budget,they also discussed moving Community Relations to be under the Recreation Department. Mayor Vandergrift said he would like to see the minutes of that meeting. 12 i O D 1 Ocoee City Commission Regular Meeting Q September 2,2003 STAFF REPORTS City Manager Gleason 1. Asked the Commission to appoint an elected official to serve on the RFP committee for Solid Waste. Commissioner Anderson volunteered to serve. 2. Asked for authorization to take $3,000 from contingency for the colored cemetery. Without objection this was authorized. COMMENTS FROM COMMISSIONERS Commissioner Anderson suggested, since business is slow during the Christmas season,having one-half of staff take the week before and one-half take the week after Christmas as part of their vacation. Commissioner Johnson 1. Asked Police Chief Goclon to look into the wooded area around Geneva Street where derelicts are staying, as they are coming into the businesses along Geneva Street and Bluford Avenue and bothering the storekeepers. 2. Said the Christian Service Center needs dirt for their parking lot and he asked if the City could do an in-kind donation to them by fixing it. Mr. Gleason said he would get with Public Works and ask them to see what is needed. Mayor Vandergrift 1. Asked that the additional $25,000 exemption for certain homeowners be advertised on OGTV. 2. Asked what happened to the fountain in Starke Lake. Mr. Gleason said he would find out and report. 3. Noted that Lakeshore Drive is barricaded next to City Hall because of water over the road and asked if the wells are working. He said the barricades should come down unless they were absolutely necessary. 4. Directed City Clerk Grafton to not include the minutes of the meetings in his paper packet as they take up a lot of space, and he could read the minutes in the paperless packet. 5. Announced the ball game to be held at Walker Field in Winter Garden Saturday morning at 9:00 a.m. between the Winter Garden Old Geezers and Ocoee All-Stars. ADJOURNMENT The meeting adjourned at 11:50 p.m. APPROVED: Attest: City of Ocoee Jean Grafton,City Clerk S. Scott Vandergrift,Mayor 13 DRAFT Agenda 10-07-2003 Item VA MINUTES OF THE OCOEE CITY COMMISSION REGULAR SESSION HELD SEPTEMBER 16,2003 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:20 p.m. and asked for a moment of silence for the Invocation. 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 (arrived at 7:27 p.m.). Also present were City Manager Gleason, City Attorney Rosenthal, Assistant City Attorney Doty, Building Official Phelps, City Clerk Grafton, Community Development Director Wagner, Human Resources Director Diedrich, Information Systems Director Ross, Parks/Recreation Director Farmer, Planning Manager Lewis, Principal Planner LL James, Police Chief Goclon, Public Works Director Wheeler, Deputy Public Works Director Zaitoonie, and Consultants Blanton and Riger with RPG. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentation of Chair to Lou Landefeld in Appreciation of His Years of Service as Planning and Zoning Commission Member and Vice Chairman. (Mayor Vandergrift) Mayor Vandergrift presented a retirement chair to Lou Landefeld and thanked him for his many years of service to the City as a member and vice chairman of the Planning and Zoning Commission. Proclamation- Patriot Day 2003—September 11,2003 Proclamation- Put The Brake On Fatalities Day—October 10,2003 Presentation - Donation to City of Ocoee Education Fund. (Mayor Vandergrift) Mike Lucas and Mayor Vandergrift each donated $100 to the Ocoee Education Fund. Presentation—Ocoee Firefighters and Ocoee Computer Club Presenting to Recreation Department Refurbished Computers From the City's Surplus. (Commissioner Anderson) Fire Engineer/Paramedic Steve Ellis reported on the disposition of the computers the Ocoee Firefighters and the Computer Club had rehabilitated from last year's City surplus. He asked they be given the same opportunity with this year's surplus. COMMENTS FROM CITIZENS/PUBLIC R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked for an update on tire pickup and when the budget hearing was scheduled. Public Works Director Wheeler advised tires should be taken to the transfer station on Good Homes Road. The budget hearing is scheduled for September 24 at 7:00 p.m. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Presentation -Video Presentation Regarding Navigating Sidewalks and Cross Walks on Clarke Road—Louis Fazio. (Commissioner Parker) This presentation was rescheduled for October 7 per Commissioner Parker. Ocoee City Commission Regular Meeting DI RAFT September 16,2003 Mayor Vandergrift 1. Announced the City of Winter Garden Old Geezers won the game Saturday. 2. Announced the Korean recognition of American Veterans who served during that conflict and asked those who were eligible for this recognition to contact his office or Ric Keller's office. CONSENT AGENDA The Consent Agenda consisted of items A, B, C, D,E, F, and G. City Attorney Rosenthal pulled item B for separate consideration. Commissioner Howell pulled item A for separate consideration. Commissioner Parker, seconded by Commissioner Anderson, moved to approve Consent Agenda items C, D, E, F, and G as presented. Motion carried 5-0. A. Pulled for separate consideration. See below. B. Pulled for separate consideration. See below. C. Approval and Acceptance of Release of Lien for Nancy Jo Pridgen, Code Enforcement Case No. 99-146. (Building Official Phelps) Signing of release of lien for Case Number 99-146, Ms. Nancy Jo Pridgen, which was paid in full on September 8, 2003. D. Approval and Authorization for Temporary Closing of City Owned Streets for Ocoee Founder's Dav 5K Road Race. (Building Official Phelps) The event will be held on October 11, 2003, from 7:00 a.m. until 9:30 a.m. The streets to be closed are a portion of Clarke Road, White Road, Orlando Avenue, Stinnett Drive, E. Lakeshore Drive and Vandergrift Drive. The following requirements will be met: (1)All residents that will be affected by the road blockage must be notified in advance; (2)Health Central Ambulance must be notified of the road closure in advance; (3) Roads must be blocked with proper barricades; (4)An emergency lane must be maintained during the event. E. Approval and Authorization for Temporary Closing of City Owned Street for Ocoee Founder's Day Festival and Parade. (Building Official Phelps) The event will be held on October 18, 2003, from 8:30 a.m. until 9:30 p.m. The streets to be closed are Flewelling Avenue, Rewis Street, McKey Street, Cumberland Avenue, Oakland Avenue, S. Lakeshore Drive, S. Lakewood Avenue and Bluford Avenue. A portion of S. Lakeshore Drive will be closed on October 17th at noon and the public boat ramp at Starke Lake will be closed beginning on October 16th at dark. The following requirements will be met: (1) All residents that will be affected by the road blockage must be notified in advance; (2) Health Central Ambulance must be notified of the road closure in advance; (3) Roads must be blocked with proper barricades; (4) An emergency lane must be maintained during the event. F. Approval and Authorization for Temporary Closing of a Portion of North Lakeshore Drive and the Public Boat Ramp at Starke Lake for Boat Regatta. (Building Official Phelps) The event will be held on October 25-26, 2003, from 9 a.m.-5 p.m. on Saturday and 12 p.m.- 5 p.m. on Sunday. The following requirements will be met: (1) All residents that will be affected by the road blockage must be notified in advance; (2) Health Central Ambulance must be notified of the road closure in advance; (3) An emergency Page 2 of 12 Ocoee City Commission Regular Meeting DnAFT September 16,2003 lane must be maintained during the event; (4) Proper barricades must be used for blocking the road; and signs must be posted at the boat ramp in advance to notify citizens of its closing. G.Approval and Authorization for Drainage Improvements for Log Run Court in Forest Oaks Subdivision. (Deputy Public Works Director Zaitooni) The design of the roadway and the cul-de-sac on Log Run Court forces the runoff to overrun the existing drainage system and enter the driveway and primarily the garage at the residential dwelling at 303 Log Run Court. Staff requests authorization to obtain a total of$50,000.00 from the Stormwater Improvement Funds for design and construction of a drainage improvement project and immediately upon approval begin project design. i RECESS 7:35—7:47 p.m. ITEMS PULLED FROM CONSENT AGENDA: A. Approval and Acceptance of the Minutes of the City Commission Regular Meeting of September 2,2003, and Take Home Vehicle Workshop of August 25, 2003. (City Clerk Grafton) Commissioner Johnson said the motion in the September 2 Minutes on Mr. Doss's item needed to be explained and possibly reworded as it was not what Mr. Doss thought happened. City Attorney Rosenthal said, "This relates to the adoption of Ordinance No. 1. 2003-28 which rezoned Mr. Doss's property to I-1 zoning. There was discussion at the meeting regarding a Development Agreement and right-of-way dedication requirements in that Agreement. The City Commission did not adopt the Development Agreement after hearing Mr. Doss's objection. The rezoning ordinance signed by the City Commission does not reference a Development Agreement, does not reference any right- of-way dedication, so the legal action signed by the City simply deals with the zoning/rezoning issue and nothing else. During the course of the discussions, I think the comment I made to the Commission and probably the language I suggested you tack on that you said OK to was that it wasn't appropriate, as Mr. Doss had indicated, to deal with right-of-way issues in conjunction with a zoning ordinance when there is no site plan before the City. However, at a future date, when a site plan comes in,just as any site plan anywhere in the City, right-of-way and lots of other issues are issues which are addressed by the City Staff and/or City Commission at that particular point in time, so I recommended to you that it would be helpful, in the record,to make sure that the fact that you did not adopt the Development Agreement didn't mean that you were in some way prohibited, when a site plan came in, from addressing the right-of-way issue if needed. It does not mean that there will or will not be any right-of-way requirement and there is certainly no requirement, you know, for any kind of dedication. That's what the language "without prejudice to the right of the City to require the dedication of additional right-of-way at the time of development of parcel A and prior to issuance of any building permits" simply restated what is your legal right, which is to address that issue at the time of site plan and make an appropriate decision in accordance with the law. Today, there is no basis to say yes or no to that issue, because there is no site plan with respect to the development of the property before you." Page 3of12 Ocoee City Commission Regular Meeting DnAFT September 16,2003 Mayor Vandergrift, seconded by Commissioner Johnson, moved to reconsider the motion. City Attorney Rosenthal suggested, because the ordinance has been passed and signed, instead of striking the motion in the minutes, a better course of action would be to (in this meeting) make a motion to strike the phrase "without prejudice to the right of the City to require the dedication of additional right-of-way at the time of development of Parcel A and prior to the issuance of any building permits." That way at this meeting it would reflect that you are striking it from the record, but it would still technically remain in the record because that was the motion passed. Mayor Vandergrift, seconded by Commissioner Johnson, moved to direct that the phrase "without prejudice to the right of the City to require the dedication of additional right-of-way at the time of development of Parcel A and prior to the issuance of any building permits"be stricken from the motion adopting Ordinance No. 2003-28. Motion carried 5-0. (Clerk's note: As there was no motion made to approve item A -Minutes of City Commission Regular Meeting of September 2, 2003, and Take Home Vehicle Workshop of August 25, 2003, this item will be placed on the October 7, 2003, agenda.) B. Approval and Authorization for Mayor and City Clerk to Execute Purchase Agreement with Health Central (Express Care) for Old Winter Garden Road Widening Project. (Assistant City Attorney Doty) As part of the Old Winter Garden Road Widening Project,the City needs to acquire a 6,986 sq. ft. parcel of land from Health Central, as owner of the Express Care facility located at the southeast corner of Maguire Road and Professional Parkway. Assistant City Attorney Doty directed attention to the revised Purchase Agreement attached to a letter from Richard Irwin, President/CEO of HealthCentral, dated September 12, 2003. She said HealthCentral has objected to two of the provisions in the Agreement, as (1)they would like to see the Agreement bind the City to the 100% construction plan and (2) they would like to have the City guarantee the ExpressCare emergency vehicles full access to the property during the entire construction of the property. She said, although it was not possible to honor HealthCentral's safety requests, they have been addressed to the extent possible and she recommended approval of the Agreement as presented. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the Purchase Agreement with HealthCentral as presented and authorize the Mayor and City Clerk to execute. Motion carried 5-0. PUBLIC HEARINGS Ocoee Crown Point PUD—(Community Development Director Wagner and City Attorney Rosenthal) Ordinance No. 2003-34. Adopting Ocoee Crown Point PUD Land Use Plan. This Ordinance adopts the Ocoee Crown Point PUD and Land Use Plan. Page 4 of 12 Ocoee City Commission Regular Meeting DRAFT' September 16,2003 City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner gave the staff report and reviewed the presentation from the September 2 meeting. Commissioner Anderson asked about the attachments mentioned in the staff report but not included in his packet. Mr. Wagner said for the record there were some attachments (that were on the website) and the recommendation of staff for approval was to approve subject to the correction of those items on the plan. He said the memorandum from Assistant City Attorney Cookson distributed just before the meeting included some conditions of approval that the staff recommendation for approval covers as well. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Parker, seconded by Commissioner Johnson, moved to adopt Ordinance No. 2003-34 as recommended by Staff. Motion carried 5-0. Approval of Declaration of Conditions of Approval for Ocoee Crown Point PUD. (Not a Public Hearing) Authorizes the Mayor and City Clerk to sign the Declaration regarding the Conditions of Approval. City Attorney Rosenthal said typically the Code requires that there be a Developer Agreement for a PUD, but since the City is the developer and cannot enter into an agreement with itself,the Declaration of Conditions of Approval will accomplish the intent of the Code and will be recorded and have the same effect as an agreement. He said also for the record the legal descriptions in the agenda packet will be revised slightly to reflect correct ownership, as there have been some conveyances between the City and the School Board since the last meeting. Commissioner Anderson, seconded by Commissioner Parker,moved to approve the Declarations of Conditions of Approval for Ocoee Crown Point PUD with the correct legal descriptions and authorize execution thereof by the Mayor and City Clerk. Motion carried 5-0. Preliminary Subdivision Plan for Ocoee Crown Point PUD. Approves the PSP for the entire Ocoee Crown Point PUD. Community Development Director Wagner said the same recommendation made for the PUD (with the same corrections made in that recommendation) applies to this item. Commissioner Anderson said Mayor Vandergrift had asked for underground utilities in the past and he wanted to be sure that included the utility pedestals as well. Mr. Wagner said although underground utilities were a part of the ordinance, the pedestals were not. Mr. Rosenthal . pointed out the City does not have governmental authority to impose design standards, but that could be a part of the marketing process if Commission wished to direct staff to work toward that end. Without objection, staff was so directed; however, Commissioner Parker asked for a report on the additional cost to the homeowner before she made a decision. �a The public hearing was opened. Page 5 of 12 0 DR) AF Ocoee City Commission Regular Meeting September 16,2003 Mike Lucas, 1847 Rachels Ridge Loop, asked several questions regarding the development,to which Mr. Wagner responded. fi As no one else wished to speak,the public hearing was closed. Commissioner Anderson, seconded by Commissioner Parker, moved to approve the Preliminary Subdivision Plan for Ocoee Crown Point PUD subject to the correction of those items listed in the staff report and on the plan, including the memorandum from Assistant City Attorney Cookson distributed,just before the meeting. Motion carried 5-0. Final Subdivision Plan—Phase I Infrastructure for Ocoee Crown Point PUD. (Not a Public Hearing) Approves the Phase I infrastructure (roads and ponds) for the Ocoee Crown Point PUD. Community Development Director Wagner said this first phase of the final engineering plans includes the building of the roadway and trunk utility lines to basically support the high school as well as extend them to the point that the residential land can be opened up for sale to private developers who will then put in all their own infrastructure. This was the subject of the Interlocal Agreement whereby the School Board will pay approximately 25%of the cost of the infrastructure, which is estimated to be $3.3M. He said the staff recommendation includes some additional items, which need to be added to the Plan. Commissioner Anderson, seconded by Commissioner Parker moved to approve Final Subdivision Plan—Phase I Infrastructure for Ocoee Crown Point PUD subject to the addition of the items referenced in the staff report. Motion carried 5-0. Richard Doss—(Principal Planner James) (Public Hearing Continued from September 2, 2003) Ordinance No. 2003-29 - Small Scale Comprehensive Plan Amendment Parcel B City Attorney Rosenthal noted this is a continuation of the public hearing opened September 2, and Mayor Vandergrift reopened the public hearing. Principal Planner James gave the staff report and said, based on the Planning and Zoning recommendation to deny, staff recommended denial of Ordinance No. 2003-29. Discussion ensued, during which Mr. Doss said his concern was access to his property, and he had a letter from City Manager Gleason stating the City would provide a stabilized road to his property. The public hearing was closed. Mayor Vandergrift, seconded by Commissioner Anderson, moved to not adopt Ordinance No. 2003-29, deny the zoning request, and honor the letter from City Mana er Gleason to Mr. Doss dated January 23, 2002. Motion carried 5-0. Page 6 of 12 1 3� Ocoee City Commission Regular Meeting p RAFT September 16,2003 Ordinance No. 2003-30 -Rezoning Parcel B The public hearing was reopened. As no one present wished to speak,the public hearing was closed. i Commissioner Howell, seconded by Commissioner Anderson, moved to not adopt Ordinance No. 2003-30, and deny the rezoning of Parcel B as the requested rezoning is inconsistent with the Comprehensive Plan. Motion carried 5-0. RECESS 9:05—9:20 P.M. Faraway Farms—(Community Development Director Wagner,Whit Blanton,RPG, and City Attorney Rosenthal) Transmittal Public Hearing on Ordinance No. 2003-38. This Ordinance transmits to the Department of Community Affairs the proposed large-scale comprehensive plan amendment designating the Faraway Farms property as Commercial/Conservation. (Staff reports from Whit Blanton and City Attorney Rosenthal) City Attorney Rosenthal read the title only of Ordinance No. 2003-38. Community Development Director Wagner gave the background and said the Commission . had engaged Renaissance Planning Group (RPG)to assist staff in evaluating this proposal due to its scale and also to work with the City Attorney and the Developers through the review process. He said the Planning and Zoning Commission recommendation was to deny the request and staff concurred with this recommendation. Whit Blanton, RPG, gave the staff report and displayed a map on the overhead showing the location of the property. He responded to questions from the Commission during his report. City Attorney Rosenthal directed attention to Mr. Blanton's written report and staff recommendation and the City Attorney memorandum dated September 9, 2003. Mayor Vandergrift asked that the TV cameras show the displays and the 3D model prepared by the Faraway Farms team. Julie Kendig-Schrader, with Greenberg Traurig, directed attention to a notebook distributed to the Commission containing the documentation included in their presentation to help them keep within the time limits and then introduced their team: Paul Roeker, Tracy Crowe, Connie Owens, Dr. Andy Davis, Turgut Dirvish, Ayman Saidi, Stan Gerberer, and Carla Baker. Carla Baker gave the presentation for the Faraway Farms team, displaying on the overhead and responding to questions from the Commission. f The public hearing was opened. Page 7of12 Ocoee City Commission Regular Meeting iIR A T September 16,2003 Kevin Keller, 1727 Crown Point Woods Circle, speaking for the residents in Crown Point Woods, spoke against the request and asked for denial. Louise Pitts, 1780 Crown Point Woods Circle, also spoke against the request, and directed attention to a letter,which she asked Mr. Keller to read, regarding the possible intrusion of arsenic into the aquifer. Dr. Davis responded to the issue of arsenic, and said many tests had been made and there was no arsenic leaching into the groundwater. He described tests that had been made to assure this was so. 1 Ken Parsons, 1302 Log Landing, also spoke against the request and listed details of his search regarding Chevron on the web. t' The public hearing was closed. Tracy Crowe listed the names of typical users of property like this, discussed the traffic analysis, and asked to be allowed to transmit to DCA. Mr. Wagner stated for the record that staff has never seen the information distributed at this meeting by the Faraway Farms team and that staff had focused on land use—not questions regarding arsenic. Following extended discussion during which the team responded to questions, Commissioner Howell, seconded by Commissioner Johnson, moved to support the Planning and Zoning Commission recommendation to deny Ordinance No. 2003-29 until after the studies are in. Motion carried 4-1 with Mayor Vandergrift voting no. JULIE KENDIG-SCHRADER WITHDREW THE REST OF THEIR ITEMS FROM THE AGENDA. JPA Amendment. This Amendment would amend the JPA Agreement so as to be consistent with the proposed comprehensive plan amendment. (Staff reports from Whit Blanton and City Attorney Rosenthal) Withdrawn—see above. Ordinance No. 2003-39 Rezoning the Faraway Farms Property to C-3. This is the first reading and not a public hearing. Withdrawn—see above Resolution No. 2003-18. This Resolution approves the proposed Development Agreement. This is a first reading and not a public hearing. Withdrawn —see above. RECESS 11:00— 11:12 P.M. Second Reading of Ordinances Ordinance No. 2003-32 Privatizing Solid Waste Service. (Public Works Director Wheeler) Page 8of12 Ocoee City Commission Regular Meeting AAT September 16,2003 Deputy Public Works Director Zaitoonie gave the staff report and advised this Ordinance provides the option to privatize the City's solid waste service. City Attorney Rosenthal advised any motion should include the corrected version prepared by Assistant City Attorney Storey dated September 15, 2003. Commissioner Anderson asked for a report on the cost of serving solid waste. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson, seconded by Commissioner Parker moved to go with staff recommendation and adopt Ordinance No. 2003-32. Motion carried 3-2 with Mayor Vandergrift and Commissioner Anderson voting no. Ordinance No. 2003-33 Proposed Amendments to Chapter 38 of the City Code Relating to Sale of Alcoholic Beverages. (City Attorney Rosenthal) City Attorney Rosenthal read the title only of the Ordinance. Milton West, Chairman of the Alcoholic Beverage Committee, reported on the history and make-up of the committee and the procedures followed in making their recommendation. The public hearing was opened. Carla Baker, Committee Member, said it was a pleasure to work with the committee. The public hearing was closed. Discussion ensued. Commissioner Parker, seconded by Commissioner Johnson, moved to adopt Ordinance No. 2003-33 as presented. City Attorney Rosenthal pointed out the provisions in the Ordinance will not be implemented until staff brings back a policy for Commission approval and this brought about a discussion regarding this year's Founders Day. Commissioner Parker, seconded by Commissioner Johnson, moved to amend the motion to include an amendment to Section 2 to add a new Section 38-2D to read as follows: Subject to com•liance with all a. .licable state laws activities associated with Ocoee Founders Da 2003 which are s.onsored b the Cit or a Cit reco.nized or.anization shall be exem.t from the requirements of this Section 38-2 and from the locational requirements of Section 38-5 so as to .ermit the sale and consum.tion of beer and wine at Founders Da activities a..roved b the City. The sale and consumption of alcoholic beverages other than beer and wine at Ocoee Founders Day is expressly prohibited. Motion failed 2-3 with Mayor Vandergrift, Commissioner Anderson and Commissioner Howell voting no. Page 9 of 12 1 DAFT Ocoee City Commission Regular Meeting September 16,2003 The vote on the main motion(without the amendment as it failed) carried 3-2 with Commissioner Anderson and Commissioner Howell voting no. OTHER BUSINESS Approval and Authorization to Declare Equipment as Surplus. (Information Systems Director Ross) (Continued from September 2, 2003) Information Services Director Ross gave the staff report. Mayor Vandergrift, seconded by Commissioner Johnson, moved to declare surplus the equipment as presented in the list by Mr. Ross. Motion carried 5-0. Without objection, Mr. Ross was directed to do with surplus according to the suggestion made early in the meeting regarding the Firefighters and Computer Club. Approval and Authorization for Mayor and City Clerk to Execute Lease Agreement for a Color Copier/Scanner/Printer. (Information Systems Director Ross) (Continued from September 2, 2003) �LL Information Systems Director Ross gave the staff report and recommendation to approve. Mayor Vandergrift, seconded by Commissioner Parker, moved to waive the City's formal bid process and piggyback on State Contract 600-340-03-01 to enter into a sixty month lease and maintenance agreement with Zeno Office Solutions for the replacement of the Ikon copier upstairs in City Hall. Motion carried 5-0. Appointments to Boards. (City Clerk Grafton) (Continued from September 2, 2003) Police Officers/Firefighters Pension Board—Robert Williams' term ends September 30, 2003, and he does not wish to be reappointed. (Continued from September 2, 2003) Commissioner Howell, seconded by Commissioner Parker, moved to appoint Ron Strosnider to the Police Officers'/Firefighters' Pension Board to the seat vacated by Mr. Williams. Motion carried 5-0. General Employee Pension Board—Michael Miller's term ends September 2003, and he does not wish to be reappointed. (Continued from September 2, 2003) Commissioner Anderson, seconded by Commissioner Howell, moved to appoint Jean Grafton to the General Employees' Pension Board to the seat vacated by Mr. Miller. Motion carried 5-0. Waiver of Closing Contingencies on Purchase from Poer. (City Attorney Rosenthal) City Attorney Rosenthal explained the circumstances of this issue. Commissioner Howell, seconded by Commissioner Parker, moved to waive the contingencies in the Agreement for Sale and Purchase between the City and Joanne M. Poer and authorize the Page 10 of 12 Ocoee City Commission Regular Meeting DRAFT September 16,2003 Mayor and City Clerk to sign all documents necessary to consummate a closing under the terms of such Purchase Agreement. Motion carried 5-0. Expenditure of Funds To Determine Feasibility of Using Methodist Church Complex as a Police Complex. (Chief Goclon) Police Chief Goclon gave the staff report and asked for$15,000 from contingency to hire an architect to put together the cost to renovate the United Methodist Church complex as a Police complex. Mayor Vandergrift, seconded by Commissioner Johnson,moved to approve the request to authorize the police department to spend not more than$15,000 out of contingency for Architects Design Group to determine the feasibility of using the United Methodist Church complex as a police complex. Motion carried 5-0. Police Take Home Vehicle Proposal. (Chief Goclon) This item was pulled by staff. Commissioner Anderson, seconded by Commissioner Johnson,moved to not approve the proposal. Motion failed 2-3 with Mayor Vandergrift, Commissioner Howell and Commissioner Parker voting no. Commissioner Parker, seconded by Commissioner Johnson moved to pull this item until one of the meetings in October. Motion carried 5-0. Open Roads Policy From Metroplan Orlando. (Mayor Vandergrift) Mayor Vandergrift asked that staff review this item and see if a resolution is in order. Appoint/Reappoint Representative to West Orange Chamber of Commerce 2004 Board of Directors. (City Manager Gleason) Commissioner Howell, seconded by Commissioner Anderson, moved to appoint Mayor Vandergrift as representative to the West Orange Chamber of Commerce. Motion carried 3-2 with Commissioner Johnson and Commissioner Parker voting no. Discussion Re: Recreation Scholarship Programs and Use of Freedom Park. (Parks/Recreation Director Farmer) THIS ITEM WAS PULLEDBY STAFF Resolution No. 2003-19,Relating to Citizens Advisory Council to the Ocoee Police Department(CACOPD). (City Clerk Grafton) City Attorney Rosenthal read the title only of the Resolution. Commissioner Parker, seconded by Commissioner Anderson moved to adopt Resolution No. 2003-19. Motion carried 5-0. Page 11 of 12 Ocoee City Commission Regular Meeting 'D RAFT September 16,2003 Resolution No. 2003-20,Establishing Citizens Advisory Council to the Ocoee Fire Department(CACOFD). (City Clerk Grafton) City Attorney Rosenthal read the title only of the Resolution. immi ion•r Parker second-d I immi iiner An' •r an moved to a. • .tR-soluion No. 2003-20 with the phrase "or who are members of the Ocoee Fire Department" deleted from Article 3 Section 2 of Exhibit B. Motion carried 5-0. Commissioner Parker, seconded by Commissioner Anderson, moved to remove the similar line from the CACOPD Bylaws. Motion carried 5-0. Resolution No. 2003-21,Establishing Human Relations/Diversity Board. (City Clerk Grafton) City Attorney Rosenthal read the title only of the Resolution. mi sioner P.rker e •n.-. . Ma or V.nder.rift me V" to .do.t Resolution No. 200 - 21. Motion carried 5-0. STAFF REPORTS There were no staff reports. COMMENTS FROM COMMISSIONERS Commissioner Parker 1. Wished to direct staff to prepare a fifteen-member committee (made up of one irrigation specialist,three residents, three business owners, three developers, two builders, one landscaper and two real estate people)to study the City's landscaping requirements in conjunction with the water restrictions currently in place. Without objection this direction was given. 2. Said she knows the answers to some of the questions asked in the City's E- BetterPlace program and would like to receive those that concern District 4 sooner. Commissioner Anderson asked that the form used in the E-BetterPlace report be revised to present the question first and then the response. Mr. Ross said he would take care of that. Mayor Vandergrift pointed out the need to water the plants on the porch and to clean the porch as well. Mr. Gleason responded the recent focus has been on interior carpeting and painting but he would direct staff to handle it. ADJOURNMENT The meeting adjourned at 12:43 a.m. APPROVED: , Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 12 of 12 Agenda 10-07-2003 DIRAFItem V A OCOEE CITY COMMISSION WORK SESSION HELD AUGUST 25,2003 6 Mayor Vandergrift called the Work Session on the Take Home Vehicles Policy to order at 6:40 p.m. in the Commission Chambers and asked Sergeant Conyers to report on the committee's requests. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were Police Chief Goclon, Committee Chair Sergeant Conyers, Committee Members Detective Edwards and Officer Zornan, and City Clerk Grafton. Lieutenant Brown was present in case Chief Goclon was unable to be present. Sergeant Conyers said the committee had discussed requesting the expanding of the marked take home vehicle program up to/beyond the JPA, and if that should be approved, the committee wanted to know how far such expansion would/could extend. Also, at what cost this would be to 1 the officer taking advantage of this benefit. Following a discussion, Chief Goclon was directed to prepare a map showing a circle around the City using the Police Station as a center, and one using the city limits boundaries, displaying a three mile and five mile radius for each, for the City Commission September 16 regular meeting. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift,Mayor