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HomeMy WebLinkAboutV(A) Approval and Acceptance of Minutes of City Commission Regular Session of October 21, 2003 Agenda 11-04-2003 nN? 7 Item V A O MINUTES OF THE OCOEE CITY COMMISSION REGULAR SESSION HELD OCTOBER 21,2003 Presentations prior to the Regular Meeting 6:00 p.m. Lieutenant Mike Reed, assisted by Assistant Fire Chief Richard Firstner, and Lieutenant Yancy Cleveland, introduced the winners of the annual Fire Prevention Poster Contest, and presented each winner with a trophy. After all the trophies were distributed a short recess was called to take advantage of the photo opportunity. 1. Fire Prevention Week Contest Winners Central Florida Prep 4th Grade: 1st Nausheen Rajan, 2nd Chris Phares, 3r1 Brianna Kuhn 5th Grade: 1st Ashley Weaver, 2"d Cody Marzella, 3rd Courtney M. Stoecker Citrus Elementary 4th Grade: 1st Markie Smith, 2"d Ryan Alexander, 3r1 Jada Wan 5th Grade: 1st Anais Sanchez, 2"d Jordan Goshe, 3rdTatiana Williamson Lake Whitney Elementary 4th Grade: 1St Madison McGew, 2"d Felipe Martinez, 3rd Tyler Gradl 5th Grade: 1st Lauren Tarr, 2nd Bryson Reed, 3rd Aisha Bowen Ocoee Elementary 4th Grade: 1st Damon McCormick, 2nd Alexandra Ducksworth, 3rd Daiana Madrigal 5th Grade: 1St Dustin Gallo, 2nd Cody Hobdy, 3r1 Kristin Blossey Spring Lake Elementary 4t Grade: 1st Kylie Posten, 2nd Rebecca Felt, 3rd Michelle Nickerson 5th Grade: 1st Lucianno Motto, 2nd Delia Rosado, 3r1 Tiffany Coats Thornebrooke Elementary 4th Grade: 1St Valeria Robes, 2nd Savanna Miller, 3rd Jeffery Dieberich 5th Grade: 1st Bailey Koehlke, 2nd Vicky Larsen, 3rd Jamie Sweet Victory Christian Academy 4th Grade: 1st Paul Vees, Jr., 2nd Kristin Matthews, 3r1 Cody Perez 5th Grade: 1st Amberlynn Wileman, 2nd Nyasha Simmons, 3rd Stephen Matthews Windermere Elementary 4th Grade: 1St Jonathan Brantly, 2nd Reem Kahn, 3rd Stephen Picher 5th Grade: 1st Rebecca Torres, 2nd Steven Figueroa, 3rdDominque Levert 2. Proclamation—City Government Week October 19-25,2003 Mayor Vandergrift read the proclamation proclaiming City Government Week in the City of Ocoee. AF � Ocoee City Commission Regular Session D October 21,2003 3. Florida City Government Week Essay Contest Winners To focus attention to our local government during this special week,the Community Relations Department sponsored an essay contest and asked city employees to let their children, grandchildren, nieces and nephews write a short essay describing the work the employee does and how it contributes to the good of the City. Here are the winners. To read each essay just click on the writer's name. That will bring up a page with the list of winners. Click on the writer's name again and you will see the document as it was presented to the judges. Alyssa Alexander Ryan Alexander Nicholas Cox—2nd Place Kayla Henry Allison Henry Jonathan Love Mathew Taylor—3rd Place Courtney Tolbert— 1st Place 4. Florida City Government Week Website Contest Winners The names of those who had answered all the questions correctly in the website contest were put in a jar and the Mayor drew the name of Lindsay Assay as the winner. REGULAR CITY COMMISSION MEETING—7:15 p.m. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:20 p.m. in the Commission Chambers and opened the meeting with 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, Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Building Official Phelps, City Clerk Grafton, Community Development Director Wagner, Engineer/Paramedic Ellis, Fire Inspector Stanley, Human Resources Director Diedrich, Parks/Recreation Director Farmer, Police Chief Goclon, Principal Planner James, Public Works Director Wheeler, and Deputy Public Works Director Zaitooni. ABSENT: Commissioner Howell PRESENTATIONS AND PROCLAMATIONS 2 DRAFT Ocoee City Commission Regular Session October 21,2003 Education Commission Update—Chairman Morris Chairman Morris reported the Education Commission has raised$957.80 so far for the fund to provide the needs of the schools serving Ocoee children. Proclamation—November 2003 -National Epilepsy Awareness Month Mayor Vandergrift read the proclamation proclaiming November 2003 to be Epilepsy Awareness Month. COMMENTS FROM CITIZENS/PUBLIC J. Lester Dabbs,Jr., 619 Caborca Court, representing American Legion Post 109, announced the Gold Star Banner presentation would be held Friday, October 24 at 7:30 p.m. at the Glad Tidings Church building. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Johnson thanked Parks/Recreation Director Farmer and staff for the great job they did presenting the 10th Annual Founders' Day. Commissioner Anderson announced the Boat Regatta to be held October 25 and 26 from 9 a.m. to 5 p.m. on Saturday and 12 p.m. to 5 p.m. on Sunday, sponsored by the Ocoee Professional Firefighters. Mayor Vandergrift 1. Thanked all for their efforts for Founders' Day. 2. Announced November 3 Ric Keller will be here at 10:00 a.m. to recognize the Korean Veterans and invited any who served during that conflict to contact him to apply for ribbons from Korea. He added that Colonel Joe Kittinger will be the speaker on Veterans' Day. 3. Read an e-mail from Rick Maynard, Turn of the Century Productions,the company that handled the sound, lighting and staging for the musicians on Founders' Day. 4. Directed attention to the sample letter to the Orange County School Board that he would like for everyone to send in regarding the naming of Ocoee High School. 5. Announced the Tri-County League luncheon November 10, at noon to honor the Florida legislative delegation. 6. Directed attention to a letter from Metroplan regarding digital cameras. CONSENT AGENDA 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 Minutes of City Commission Regular Session of October 7,2003. (City Clerk Grafton) B. Approval and Authorization for Mayor and City Clerk to Execute Change Orders 1,2, and 3 for Groundtek of Central Florida, Contract No. B03-01. (Deputy Public Works Director Zaitooni) Change Orders 1, 2, and 3 represent the additional work requested by the City and negotiated for addition to the current contract. Prices shown are annual cost. Change 3 E1AFT Ocoee City Commission Regular Session October 21,2003 Order 1: mowing and ornamental bed weeding for Freedom Park- $5,460; Change Order 2: add Maguire Road, Moore Road, both sides and median-$5,940, Thornebrooke Road, Maguire Road to the gate, north side - $3,060, Hobson Road, from Clarcona-Ocoee Road to Trout Lake Road, both sides - $1,710, Retention Pond #55, located on Hackney-Prairie Road- $2,916, and Maguire Road overpass pond- $1,980; Change Order 3: add extended area of the Forest Oaks Water Treatment Plant- $2,568 C. Approval and Authorization for Mayor and City Clerk to Execute Final Plat of ForestBrooke Phase 2. (Public Works Director Wheeler) This plat consists of 74 single-family lots. ForestBrooke Phase II lies on the east side of the property, which is bounded by Lake Apopka to the west, State Road 429 to the east, Orange County to the north, and the Westyn Bay subdivision to the south. D. Approval and Authorization for Mayor and City Clerk to Execute Addendum No. 03-02 to the Agreement for Consulting Engineering Services with Professional Engineering Consultants,Inc. (PEC). (Public Works Director Wheeler) This Addendum provides for construction administration/inspection services for the Reclaimed Water Booster Pumping Facility Project located on the property north of Grimes Office Park. The proposed fee for this work is $76,743 and funds will come from the capital improvements fund monies remaining from the 1997 Utility Bond Issue. E. Approval and Authorization to Issue a Special Event Permit for the Temporary Closing of a Portion of Grevwall Avenue for a Block Party in Temple Grove Estates. (Building Official Phelps) This event well be held on November 1, 2003, from 12:30 p.m. to 5:00 p.m. and the applicant understands the requirements: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 lane must be maintained at all times; and 4) Proper barricades must be used for blocking the road. Ma i ,nd•r.r.f • •-• . iiI • ihn in •v-• • • . .r• - .js , . h- consent agenda as presented. Motion carried 4-0. Commissioner Howell was not present. EMERGENCY ITEMS Applications for temporary road closings for special events to be held before the next meeting were received after the packet was prepared for this meeting: 1. West Orange Reconciliation Task Force plans a memorial service at the cul-de-sac close to the African American cemetery on November 1 at 9:30 a.m. 2. Sawmill Homeowner Association plans a social gathering on Sawmill Boulevard and Sawmill Circle on November 2 from 2:00 p.m. to 5 p.m. 4 r,-, AF Ocoee City Commission Regular Session October 21,2003 Commissioner Parker,seconded by Commissioner Johnson,moved to approve both the applications for road closings as presented. Motion carried 4-0. Commissioner Howell was not present. PUBLIC HEARINGS Second Reading of Ordinances. (Community Development Director Wagner) Byblos Development/West Orange Professional Center Community Development Director Wagner gave the staff report with Principal Planner James assisting with the overhead displays. Mr. Wagner described the parcel as directly north of the Health Central Hospital on the north side of Colonial Drive/State Road 50 approximately 1,750 feet west of the intersection of Clarke Road and Colonial Drive, located in an enclave, and consisting of three parcels totaling 5.494 acres. He described the surrounding land use and the level of existing development of the property; and he explained a couple of changes had been made to the Annexation Agreement. Mr. Wagner reported the DRC and Planning and Zoning Commission had reviewed the case and recommended approval with the site plan revisions and waivers specified in their meetings. Based on those recommendations, staff recommended the adoption of Ordinance No. 2003-40 annexing the subject properties into the City of Ocoee subject to the execution of an Annexation Agreement, and adoption of Ordinance No. 2003-41 zoning the subject properties C-2/Community Commercial. City Attorney Rosenthal said the Agreement provides for a payment to the City in lieu of road impact fees, which is equivalent to what was done with other cases where the developer chose to develop with septic tanks and/or wells and then later come to the City with a request for sewer and water service. He said one of the owners has requested this case be continued to the November 4 meeting so they would have time to review the details, and staff recommended this be done. Ordinance No. 2003-40,Annexation City Attorney Rosenthal read the title only of Ordinance No. 2003-40, Annexation. The public hearing was opened. Commissioner Anderson, seconded by Commissioner Parker, moved to continue the public hearing until November 4, 2003, at 7:15 p.m. or as soon thereafter as practical. Motion carried 4-0. Commissioner Howell was not present. Ordinance No. 2003-41, Initial Zoning City Attorney Rosenthal read the title only of Ordinance No. 2003-41, Zoning. The public hearing was opened. Commissioner Anderson, seconded by Commissioner Parker, moved to continue the public hearing until November 4, 2003, at 7:15 p.m. or as soon thereafter as practical. Motion carried 4-0. Commissioner Howell was not present. Annexation Agreement (Not a Public Hearing) This item will be considered after the ordinances for annexation and zoning are considered at the November 4, 2003, meeting. Towns of Westyn Bay PUD 5 r) f\A P Ocoee City Commission Regular Session �'v 11 October 21,2003 Ordinance No. 2003-42,PUD Zoning/Land Use Plan City Attorney Rosenthal read the title only of Ordinance No. 2003-42. Community Development Director Wagner gave the staff report with Principal Planner James assisting with the overhead displays. Mr. Wagner described the parcel as 18.3 acres located on the north side of Ocoee Crown Point Parkway, west of its intersection with Ocoee Apopka Road. Mr. Wagner said in the DRC review that board had requested several revisions, which have been addressed, and one clarification to Condition of Approval No. 56 is needed on both plans; i.e., the last sentence of that Condition should be replaced with the following sentence: "The rear yards of all lots backing up to Ocoee Crown Point Parkway shall not have any structures or accessory structures, including screen rooms, built any closer than 10 feet from the face of the buffer wall." He added the Planning and Zoning Commission voted to recommend approval with the addition of an 8' sidewalk connecting the two subdivisions. Based on those recommendations staff recommended adoption and approval of the Ordinance and Plan subject to making the change as requested and subject to execution and approval of a Development Agreement. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance No. 2003-42 approving the PUD Zoning/Land Use Plan,subject to making the change to Condition of A..roval No. 56 as described on both .lans and makin' the connectin' sidewalk 8' wide also subject to the execution and approval of a Development Agreement. Motion carried 4-0. Commissioner Howell was not present. Preliminary Subdivision Plan Mr. Wagner stated the staff report for this was included in his earlier comments. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Parker, moved to adopt the Preliminary Subdivision Plan for the Towns of Westyn Bay PUD, as date stamped received by the City on August 29, 2003, subject to making the change to Condition of Approval No. 56 as described on both plans and making the connecting sidewalk 8' wide, also subject to the execution and approval of a Development Agreement. Motion carried 4-0. Commissioner Howell was not present. Development Agreement(Not a Public Hearing) City Attorney Rosenthal said this is the standard form Development Agreement; it attaches the Conditions of Approval from the Land Use Plan and the waivers and it gets recorded in the public records. Commissioner Anderson, seconded by Commissioner Parker,moved to approve the Development Agreement and authorize the Mayor and City Clerk to execute same. Motion carried 4-0. Commissioner Howell was not present. 6 Ocoee City Commission Regular Session DRAF IJ October 21,2003 Ordinance No. 2003-43, Amending Chapter 78 of the Code. (Fire Chief Strosnider) City Attorney Rosenthal read the title only of Ordinance No. 2003-43. Fire Inspector Stanley gave the staff report, advising this Ordinance will provide procedures for challenging local amendments to the Florida Fire Prevention Code, allow the fire department lock-box access to any commercial business 4000 square feet or more with a key, and provide notice to owners of privately owned fire hydrants requesting them to maintain, test, and provide documentation to Ocoee Fire Department. The public hearing was opened and Mayor Vandergrift raised several questions regarding water pressure,to which Inspector Stanley and Public Works Director Wheeler responded. As no one else wished to speak,the public hearing was closed. Commissioner Johnson, seconded by Commissioner Parker;moved to adopt Ordinance No. 2003-43 amending Chapter 78 of the Code. Motion carried 4-0. Commissioner Howell was not present. OTHER BUSINESS McElroy Place—Subdivision Name Change Request. (Community Development Director Wagner) Community Development Director Wagner said, according to the rules now in place regarding the renaming of developments, the Developer of McElroy Place has requested a name change to Kensington Manor. Staff recommended approval. Commissioner Parker, seconded by Commissioner Anderson, moved to approve the requested name change from McElroy Place to Kensington Manor. Motion carried 4-0. Commissioner Howell was not present. Reconsideration of Settlement Agreement Approved July 1,2003,with Colony Plaza Condominium Association,Inc. (City Manager Gleason) City Manager Gleason reported the Settlement Agreement with the Colony Plaza Condominium Association, Inc. authorized by this Commission at the July 1, 2003, City Commission Meeting has not been executed and returned by the court appointed Receiver, and, as it did not appear likely to happen in the near future, staff recommended rescinding the agreement, and moving forward with legal action to resolve this matter. John Holdsworth,the court appointed Receiver, and Bill Watters, Guaranty National Bank, explained the reasons for the delay and asked for an additional 60 days to get financing in place. Following a lengthy discussion, during which former Mayor Dabbs addressed the issue, Commissioner Johnson, seconded by Commissioner Parker, moved to rescind the Settlement Agreement with Colony Plaza as approved by the City Commission at its July 1, 2003,meeting on the basis that the Settlement Agreement has not been executed by the Colony Plaza Condominium Association, Inc. Motion carried 3-1 with Mayor Vandergrift voting no. Commissioner Howell was not present. 7 DRAFTOcoee City Commission Regular Session October 21,2003 Commissioner Johnson, seconded by Commissioner Anderson, moved to authorize staff to pursue all code enforcement avenues to enforce fines and bring the property into compliance and authorize any legal action including, but not limited to, foreclosure action required to resolve this matter in the best economic interest of the City of Ocoee. Motion carried 3-1 with Mayor Vandergrift voting no. Commissioner Howell was not present. RECESS 8:53—9:04 P.M. Police Take Home Vehicle Policy. (City Manager Gleason,Police Chief Goclon) Police Chief Goclon gave the staff report, and Commissioner Parker said she had asked for a buffer area and was surprised to see how far that extended. She said if any of the proposed increases are adopted and a part of a subdivision falls within the covered area then the whole subdivision should be considered included. She added this take home vehicle policy should apply to any department that fits the description/need. Commissioner Anderson proposed the policy should say an employee is not eligible until his/her one-year anniversary. J. Lester Dabbs,Jr., 619 Caborca Court, spoke against adopting the policy. Commissioner Parker, seconded by Commissioner Johnson, moved to adopt an addition to the Take Home Vehicle Policy to include a 3 mile circular radius as shown on the map provided, with the caveat that if the 3 mile radius falls within or bisects a defined subdivision, neighborhood, or complex that the whole neighborhood or complex be included and that it be the model for any other take home plan that might be considered by any other department in the future. Motion carried 4-0. Commissioner Howell was not present. Appointments to Boards (City Clerk Grafton) Citizens Advisory Council to the Ocoee Fire Department(CACOFD) Commissioner Johnson asked that Kelly Moy and Lee Ann Stanley be added to the list of applications for appointment provided by the City Clerk, as those applications had come in since the packet was prepared. Ma or Vin• •r.rift - ons-• • ommis io r ' _ •r me -• • „eosin R W, Il- _ _ •hn Sam Woodson, Mark Scalzo, Ramon Alicea, Jeffrey A. Gerber, Glen Richardson, Kelly Moy and Lee Ann Stanley to serve three year terms to end November 1, 2006, on the Citizens Advisory Council to the Ocoee Fire Department(CACOFD). Motion carried 4-0. Commissioner Howell was not present. Parks/Recreation Advisory Board Commissioner Johnson, seconded by Commissioner Anderson,moved to appoint Anthony Caraway to the Parks and Recreation Advisory Board for a term to end October 1, 2004. Motion carried 4-0. Commissioner Howell was not present. STAFF REPORTS City Manager Gleason 1. Said he has discussed the purchase of Mr. Doss's property with him and asked for direction. Without objection,he was directed to put this on the November 4 agenda. 8 ED1AF71 Ocoee City Commission Regular Session October 21,2003 2. Asked authorization to transfer$2,908.52 from contingency to cover the remaining balance of the contract with Louis Rotundo and Associates. Commissioner Johnson, seconded by Commissioner Parker, moved to approve the transfer of $2,908.52 from contingency to the budget account for Louis Rotundo and Associates as requested. Motion carried 4-0. Commissioner Howell was not present. 3. Opened the discussion regarding the purchase of a camera for Commission use. Commissioner Parker suggested it would be better use of funds for each elected official who wants a camera to use their stipend for that purpose, and then Commissioner Parker, seconded by Commissioner Johnson,moved to not by a camera for Commission use. Motion lost 2-2 with Mayor Vandergrift and Commissioner Anderson votin' no. Commissioner Howell was not present. COMMENTS FROM COMMISSIONERS Commissioner Anderson 1. Announced the boat regatta sponsored by the local fire union. 2. Said his understanding about the 6:00 p.m. presentations was that they would be recorded for later viewing. Mr. Gleason said that might call for a change in the budget. Commissioner Parker said to check it out to see how much it would cost. Mayor Vandergrift 1. Noted the lights are out on the fountain. 2. Asked that his office be put back in order after the painting/carpeting. 3. Directed attention to the petitions and letters for the naming of Ocoee High School. 4. Said the Kiwanis were sponsoring the Kumquat Bowl and asked the City to buy an ad. Mayor Vandergrift, seconded by Commissioner Anderson, moved to purchase a full page ad for the Kumquat Bowl at a cost of$300 with funds from contingency. Motion carried 3-0. Commissioners Anderson and Howell were not present. 5. Directed staff to notify the newly appointed board members about the October 27 session regarding the Sunshine Law. ADJOURNMENT The meeting adjourned at 9:40 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift,Mayor f 9