HomeMy WebLinkAboutV(A) Approval and Acceptance of Minutes of City Commission Regular Session of November 18, 2003 D -1r
5genda 12-16-2003
Item V A
MINUTES OF THE OCOEE CITY COMMISSION MEETING
HELD NOVEMBER 18,2003
CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:16 p.m. in the Commission
Chambers and led in a moment of silent prayer, followed by the Pledge of Allegiance to the
Flag. City Clerk Grafton called the roll and declared a quorum present.
PRESENT: Mayor Vandergrift, Commissioners Anderson(arrived at 7:20 p.m.), Howell,
Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal,
Assistant to the City Manager Shira, Building Official Phelps, City Clerk Grafton, Community
Development Director Wagner, Finance Director Horton, Finance Supervisor Carter, Fire Chief
Strosnider, Assistant Fire Chief Firstner, Support Division Chief McNeil, Human Resources
Director Diedrich, Police Chief Goclon, Police Sergeant Silberstein, Public Works Director
Wheeler, and Deputy Public Works Director Zaitooni.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
Years of Service Awards. (Human Resources Director Diedrich)
1. Russell Wagner- 10 Years of Service-presented by Mayor Vandergrift
2. Curtis Love- 10 Years of Service-presented by Commissioner Howell
3. David Harris- 10 Years of Service-presented by Commissioner Johnson
4. Joyce Tolbert-10 Years of Service(not present to receive awards)
5. Michael Alexander- 10 Years of Service-presented by Commissioner Parker
6. Carolyn Bloom - 10 Years of Service-presented by Commissioner Anderson
7. Steve Goclon-20 Years of Service-presented by Mayor Vandergrift
After each presentation the respective department directors spoke briefly about their appreciation
of their employee's dedication and job performance.
Crisis Intervention Team Officer of the Year-Officer Dave Stone. (Chief Goclon)
Chief Goclon announced Officer Dave Stone had been awarded Crisis Intervention Team
Officer of the Year by the Central Florida Crisis Intervention Team.
Presentation of New Fire and Polite Department Logos. (Chief Goclon)
Chief Goclon and Chief Strosnider presented a plaque of appreciation and shirts with their
respective organization's logo embroidered on them to the elected officials and City Manager.
COMMENTS FROM CITIZENS/PUBLIC
Bob Gall, 215 S. Swoope Avenue, Maitland, 32751,president of Maine Street Properties,
developer and builder of Forest Ridge Subdivision, addressed the Commission about his
development and the charge for reuse water per unit when there is no reuse water available to
that area. He said he would like to sell the reuse meters back to the City as it appears they will
never be used. Commissioner Johnson said he wished to stop charging the monthly fee for
reclaimed water to the homeowners in this development until reclaimed water is available and
they are hooked up to it. He said he wants the ordinance changed to reflect this. He pointed out
the homeowner could hook up to the reuse meter for irrigation for a saving. City Manager
Gleason asked for clarification and whether other issues should be addressed when writing the
ordinance, such as houses not in Ocoee's service area. Commissioner Parker said she would
like to see a revision giving an option for developments outside Ocoee's utility area to pay an
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Ocoee City Commission Regular Session
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amount to the City to be used to expand the reuse area to existing residents who are here and can
use the reclaimed water. Commissioner Anderson said he would like to know the short/long
range plans of other entities (Orange County, Winter Garden,Apopka, etc.) for those who are
outside Ocoee's utility area but inside Ocoee's reuse area. City Attorney Rosenthal said
Commissioner Parker's request is already in the Code as (on a case by case basis) a developer
can bring a request to the City Commission for a decision.
Without objection, staff was directed to bring back a report on this. City Attorney Rosenthal
said a report would also be needed on the impact these changes would make on the bond issue.
Mark Scalzo, 6938 Cross Cut Court, asked when the Citizen Advisory Council to the Ocoee
Fire Department(CACOFD) could meet, as they had been given the go ahead in October to meet
(with less than the required 15 appointees)but he still had not received any information. Mayor
Vandergrift appointed Commissioner Johnson to serve as liaison from the Commission and
City Manager Gleason asked Chief Strosnider to appoint a staff liaison. Chief Strosnider
appointed Assistant Fire Chief Firstner to serve as liaison from the department. City Manager
Gleason said there was no need for the City Clerk's office to be present at the meetings, as they
could provide the recording device and the chairman could state the motions and votes for the
record, then turn in the tapes for transcription of the minutes by the Clerk's office.
J. Lester Dabbs,Jr., 619 Caborca Court, asked what information of such import caused the
Commission to revisit the Take Home Vehicle Policy. He was advised that one of the
Commissioners was out of town when the vote was taken and had asked that it be brought back
for consideration. Mr. Dabbs commented about the lack of a consent agenda.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Johnson announced the first annual Ocoee charity softball tournament on
Saturday and Sunday, December 20 and 21 at Vignetti Park softball field.
Commissioner Anderson
1) Announced the Christmas light judging will be December 8 and 9, and asked that those who
wished to have their house judged call the Recreation Department.
2) Announced those parents who wished to have Santa call their child should fill out an
application either at City Hall or the Recreation Center.
3) Announced the tree lighting and visit with Santa from 6:00 to 8:00 p.m. on December 18 at
the Withers-Maguire House.
Mayor Vandergrift announced on Wednesday,November 26 at 9:00 p.m. the Food for Families
in West Orange County will meet to prepare boxes of food at West Orange High School to be
delivered Thursday,November 27 beginning at 8:00 a.m. and volunteers are welcome.
PUBLIC HEARINGS
Resolution No. 2003-23,Water and Sewer System Refunding and Improvements Revenue
Bonds, Series 2003. (Finance Director Horton)
City Attorney Rosenthal read the title only of Resolution No. 2003-23, Water and Sewer
System Refunding and Improvements Revenue Bonds, Series 2003. Finance Director Horton
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gave the staff report, advising that last year staff presented the Commission with a plan to reduce
consumption, fund capital projects and begin to restore unrestricted fund balance for the
enterprise fund. The Commission subsequently approved the plan, certain capital improvements,
and adopted an inclined rate structure to encourage consumption conservation and cover
increasing operating costs. The projects to be funded from the bond issue are estimated to cost
$7,150,000. Staff proposes refinancing the Water and Sewer System Refunding and
Improvement Revenue Bonds, Series 1993 to generate funding for the projects. She introduced
the City's financing team-Mark Galvin, First Southwest Company, Financial Advisor; Mitch
Owens and Julie Turner from William Hough& Company, Underwriters; Joseph Stanton, with
Akerman Senterfit, Underwriter Counsel; and Jolinda Herring with Bryant Miller& Olive, Bond
Counsel, who in turn presented the details of the financing structure and reviewed the bond
documents.
Mrs. Horton said the staff recommendation was to go with AMBAC Insurance as low bidder,
adopt the Resolution, and deem the Preliminary Official Statement final.
City Attorney Rosenthal directed attention to two letters: one from Bryant Miller& Olive dated
November 12, 2003, and one from First Southwest Company dated November 17, 2003,
regarding any modifications to the rate structure. He said he would make available for signatures
a Certificate as to Public Meetings and No Conflict of Interest form for each elected official to
sign, indicating they have not violated the Sunshine Law in connection with this issue and they
are not employed by, nor do they have a contractual relationship with,the entity purchasing the
Series 2003 Bonds.
The public hearing was opened, and J. Lester Dabbs,Jr., 619 Caborca Court, spoke. The
public hearing was closed.
Following discussion, Commissioner Parker, seconded by Commissioner Johnson, moved to
adopt Resolution No. 2003-23 and all attachments as per staff recommendation, and authorize
the Mayor and City Manager to execute the Bond Purchase Agreement and deem the Preliminary
Official Statement final, and authorize the Mayor and staff to execute all necessary documents.
Motion carried 5-0.
RECESS 9:08 P.M. TO 9:18 P.M.
Mayor Vandergrift asked that the City's website be made more user friendly, as he had tried to
access the agenda and it was difficult to do.
Resolution No. 2003-22,Adelphia Cable Television Franchise Agreement (Assistant to the
City Manager Shira) (Continued from November 4, 2003)
City Attorney Rosenthal read the title only of the Resolution. Assistant to the City Manager
Shira gave the staff report, advising Adelphia Cable Television has requested a cable television
franchise for a limited area of Ocoee, the new Westyn Bay development that has been approved
for 684 units. She introduced Andrew Mi, with Fowler Barice and O'Quinn, and said Bright
House had been advised of this request, but did not keep several appointments to discuss any
issues they might have with this franchise. Mrs. Shira said additional indemnification will be
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required of Adelphia to safeguard the city from any potential issues that may arise. Mr. Mi
stated the indemnification should be ready within 60 days.
Mayor Vandergrift directed attention to a letter from Frank Kruppenbacher, counsel for Bright
House. Mrs. Shira said she had sent a copy of the proposed franchise to Mr. Kruppenbacher in
September and feels the City has shown good faith.
The public hearing was opened.
Chuck Blaine, General Manager of Adelphia Cable, responded to questions.
The public hearing was closed.
Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Resolution No.
2003-22 Cable Television Franchise Agreement subject to execution of an additional
indemnification by Adelphia acceptable to staff and special counsel. Motion carried 5-0. #
Second Reading of Ordinances.
Equimax Realty, Inc. (Community Development Director Wagner)
Community Development Director Wagner gave the staff report, displaying a drawing of the
property on the overhead as he described the parcel. The subject property (0.67 acres) at 924
Maguire Road is located approximately 550 feet north of the intersection of Maguire Road and
Roberson Road on the west side of Maguire Road. The applicant has requested an initial zoning
of Professional Offices and Services. Mr. Wagner said the staff concurs with the DRC and 1
Planning and Zoning Commission recommendation to annex the parcel and zone as requested.
Ordinance No. 2003-46,Annexation
City Attorney Rosenthal read the title only of the Ordinance.
The public hearing was opened and, as no one wished to speak, was closed.
Commissioner Johnson, seconded by Commissioner Parker,moved to adopt Ordinance No.
2003-46 annexing the Equimax Realty, Inc. parcel into the City. Motion carried 4-0. Mayor
Vandergrift was away from the dais.
Ordinance No. 2003-47,Initial Zoning
City Attorney Rosenthal read the title only of the Ordinance.
The public hearing was opened and, as no one wished to speak, was closed.
Commissioner Johnson, seconded by Commissioner Parker, moved to adopt Ordinance No.
2003-47 zoning the Equimax Realty, Inc. parcel Ocoee P-S Professional Offices and Services.
Motion carried 4-0. Mayor Vandergrift was away from the dais.
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THE T. MILTON WEST ITEMS WERE TAKEN OUT OF AGENDA ORDER
T. Milton West-606 Ocoee Apopka Road (Community Development Director Wagner)
Community Development Director Wagner gave the staff report for all four of the West
properties and explained the parcels must be annexed consecutively to meet Florida Statutes.
Mr. Wagner advised each of these properties is individually owned and contiguous. Each case
includes an annexation, a development agreement, a Joint Planning Area Agreement amendment
and a Small Scale Comprehensive Plan amendment. He described the parcels as located on the
west side of Ocoee-Apopka Road, %2 mile north of the intersection of Ocoee-Apopka Road and
Silver Star Road. The properties vary in size and Mr. Wagner displayed each parcel in turn on
the overhead.
City Attorney Rosenthal advised the annexation ordinance in each case would have as an
effective date the date when the JPA Amendment comes to the City Clerk and the zoning
ordinances are contingent upon the annexations becoming effective.
There was discussion regarding the Northwest Study.
Ordinance No. 2003-48,Annexation of 606 Ocoee-Apopka Road
City Attorney Rosenthal read the title only of the Ordinance. The size of this parcel is 5.3
acres.
The public hearing was opened, and the following citizens spoke:
Dr. David Hook, 1825 Demastus Lane, was not in favor of industrial zoning, and encouraged
the Commission to wait for the Northwest Study to be completed..
T. Scott West, 888 Ocoee-Apopka Road, talked about the lights and noise at the Girls Club and
smoke from Whispering Winds, all of which make the area undesirable for residential zoning.
Polly Keller, 1727 Crown Point Woods Circle, was not in favor of industrial zoning.
Kevin Keller, 1727 Crown Point Woods Circle, spoke for the Crown Point Woods Homeowner
Association and read a prepared statement.
A person whose name was unclear spoke for the West Orange Girls Club and was in favor of
residential zoning.
The public hearing was closed.
In response to Commissioner Anderson's question regarding his vision for the development,
Milton West said he envisioned something like Progress Energy has—or a small office complex.
Following discussion, Commissioner Howell, seconded by Commissioner Parker, moved to
adopt Ordinance No. 2003-48 annexing 606 Ocoee-Apopka Road. Motion carried 4-1 with
Mayor Vandergrift voting no.
Mayor Vandergrift left the dais and handed the gavel to Mayor pro tern Anderson.
Development Agreement
Commissioner Parker, seconded by Mayor pro tem Anderson, moved to approve the
Development Agreement with T. Milton West and Wendy 0. West, and T. Scott West and
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Kristen K. West, regarding 606 Ocoee-Apopka Road and authorize the Mayor and City Clerk to
execute. Motion carried 4-0. Mayor Vandergrift was away from the dais. 1
7th Joint Planning Area Agreement Amendment- Case No. JPA 03-004
City Attorney Rosenthal presented the 7th Joint Planning Area Agreement Amendment for 606
Ocoee-Apopka Road that would change the JPA Land Use Map to redesignate the property from
low density residential to industrial.
The public hearing was opened. Mr. Rosenthal announced that all the comments from the
previous public hearings would be a part of the record for this public hearing. As no one else
wished to speak,the public hearing was closed.
Commissioner Johnson, seconded by Mayor pro tem Anderson, moved to approve the
Seventh Amendment to the Joint Planning Area Agreement between Orange County and the City
of Ocoee and authorize execution by the Mayor and City Clerk and transmittal to Orange
County. Motion carried 4-0. Mayor Vandergrift was away from the dais.
Ordinance No. 2003-49, Small Scale Comprehensive Plan Amendment
City Attorney Rosenthal read the title only of Ordinance No. 2003-49 and explained the
effective date for this Ordinance would be upon delivery of the JPA Amendment to the City
Clerk and upon the Annexation Ordinance Agreement becoming effective and if all that does not
happen within 180 days from this date then the ordinance would be null and void with no further
force and effect.
The public hearing was opened and, as no one wished to add comments to those already a part of }
the record, the public hearing was closed.
Mayor pro tem Anderson, seconded by Commissioner Johnson, moved to adopt Ordinance
No. 2003-49 T. Milton West Comprehensive Plan Amendment for 606 Ocoee-Apopka Road.
Motion carried 4-0. Mayor Vandergrift was away from the dais.
Ordinance No. 2003-50, Initial Zoning 606 Ocoee-Apopka Road
City Attorney Rosenthal read the title only of the Ordinance and explained the effective date of
this ordinance would be upon the delivery to the City Clerk of the JPA Agreement Amendment
and upon the annexation ordinance becoming effective.
The public hearing was opened and, as no one wished to add comments to those already a part of
the record,the public hearing was closed.
Mayor pro tem Anderson, seconded by Commissioner Howell, moved to adopt Ordinance No.
2003-50 T. Milton West Zoning to Ocoee I-1 Restricted Manufacturing and Warehousing for
606 Ocoee-Apopka Road. Motion carried 4-0. Mayor Vandergrift was away from the dais.
At 11:25 p.m. Mayor Vandergrift returned to the dais and Commissioner Johnson left the dais.
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T. Milton West-531 Ocoee Apopka Road 4.57 Acres (Community Development Director
Wagner)
Ordinance No. 2003-51,Annexation
City Attorney Rosenthal read the title only of the Ordinance. He announced that all the
comments made in the previous public hearings would be brought forward to this public hearing,
and the effective dates would be the same as that stated for the earlier case.
The public hearing was opened and, as no one wished to add comments to those already made,
the public hearing was closed.
Commissioner Parker, seconded by Commissioner Howell, moved to adopt Ordinance No.
2003-51, Annexing 531 Ocoee-Apopka Road. Motion carried 4-0. Commissioner Johnson was
away from the dais.
Development Agreement
Commissioner Parker, seconded by Commissioner Howell, moved to approve the
Development Agreement between John R.Newman and Cesta Newman for the parcel at 531
Ocoee-Apopka Road and authorize execution thereof by the Mayor and City Clerk. Motion
carried 4-0. Commissioner Johnson was away from the dais.
8th Joint Planning Area Agreement Amendment
City Attorney Rosenthal presented the Eighth Joint Planning Area Agreement Amendment and
explained this will change the JPA Land Use Map designation from low density residential to
industrial.
The public hearing was opened. As no one wished to add comments to those already in the
record,the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Howell, moved to approve the Eighth
Joint Planning Area Agreement Amendment between Orange County and the City of Ocoee,
authorize execution thereof by the Mayor and City Clerk and authorize transmittal to Orange
County. Motion carried 4-0. Commissioner Johnson was away from the dais.
Mayor Vandergrift left the dais.
Ordinance No. 2003-52, Small Scale Comprehensive Plan Amendment
City Attorney Rosenthal read the title only of the Ordinance and announced the statements
made for the earlier public hearings would be brought forward as part of this record.
The public hearing was opened. As no one wished to add any comments to those already a part
of the record, the public hearing was closed.
Commissioner Howell, seconded by Commissioner Parker, moved to adopt Ordinance No.
2003-52 T. Milton West Small Scale Comprehensive Plan Amendment. Motion carried 3-0.
Mayor Vandergrift and Commissioner Johnson were away from the dais.
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Ordinance No. 2003-53,Initial Zoning
City Attorney Rosenthal read the title only of the Ordinance and announced the comments
made for the earlier public hearings would be brought forward as part of this record.
The public hearing was opened. As no one wished to add any comments to those already a part
of the record, the public hearing was closed
Commissioner Howell, seconded by Commissioner Parker, moved to adopt Ordinance No.
2003-53 zoning 531 Ocoee-Apopka Road Ocoee I-1 Restricted Manufacturing and Warehousing.
Motion carried 3-0. Mayor Vandergrift and Commissioner Johnson were away from the dais.
T. Milton West-850 Ocoee Apopka Road 9.4 Acres (Community Development Director
Wagner)
Ordinance No. 2003-57,Annexation
City Attorney Rosenthal read the title only of Ordinance No. 2003-57 annexing 850 Ocoee-
Apopka Road and announced the comments made for the earlier public hearings would be
brought forward as part of this record.
The public hearing was opened. Kevin Keller said these last two properties are north of the ditch
and he is disappointed that these parcels are being annexed just for the tax dollars.
Following a brief discussion, Commissioner Anderson, seconded by Commissioner Parker,
moved to adopt Ordinance No. 2003-57 annexing 850 Ocoee-Apopka Road. Motion carried 3-0.
Commissioners Howell and Johnson were away from the dais.
Development Agreement
Commissioner Anderson, seconded by Commissioner Parker, moved to approve the
Development Agreement with Ralph V. Hadley III, as Trustee under land trust dated the 6th of
February, 2002, for 850 Ocoee-Apopka and authorize execution thereof by the Mayor and City
Clerk. Motion carried 3-0. Commissioners Howell and Johnson were away from the dais.
9th Joint Planning Area Agreement Amendment
City Attorney Rosenthal presented the Ninth Joint Planning Area Agreement Amendment and
explained this will change the JPA Land Use Map designation from low density residential to
industrial.
The public hearing was opened. As no one wished to add comments to those already in the
record, the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Parker, moved to approve the Ninth
Joint Planning Area Agreement Amendment between Orange County and the City of Ocoee.,
authorize execution thereof by the Mayor and City Clerk and authorize transmittal to Orange
County. Motion carried 3-0. Commissioners Howell and Johnson were away from the dais.
Ordinance No. 2003-58, Small Scale Comprehensive Plan Amendment
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Ocoee City Commission Regular Session D p� TNovember 18,2003 UVJ
City Attorney Rosenthal read the title only of Ordinance No. 2003-58 West Comprehensive
Plan Amendment for 850 Ocoee-Apopka Road.
The public hearing was opened. As no one wished to add to the comments already in the record,
the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance No.
2003-58 West Comprehensive Plan Amendment. Motion carried 4-0. Commissioner Johnson
was away from the dais.
Ordinance No. 2003-59, Initial Zoning
City Attorney Rosenthal read the title only of Ordinance No. 2003-59 zoning 850 Ocoee-
Apopka Road I-1 Restricted Manufacturing and Warehousing.
The public hearing was opened. As no one wished to add to the comments already in the record,
the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance No.
2003-59 zoning 850 Ocoee-Apopka Road I-1 Restricted Manufacturing and Warehousing.
Motion carried 4-0. Commissioner Johnson was away from the dais.
T. Milton West-888 Ocoee Apopka Road 1.3 acres (Community Development Director
Wagner)
Ordinance No. 2003-54,Annexation
City Attorney Rosenthal read the title only of Ordinance No. 2003-54 annexing 888 Ocoee-
Apopka Road.
The public hearing was opened. As no one wished to add to the comments already in the record,
the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance No.
2003-54 annexing 888 Ocoee-Apopka Road. Motion carried 4-0. Commissioner Johnson was
away from the dais.
Development Agreement
Commissioner Anderson, seconded by Commissioner Howell, moved to approve the
Development Agreement between Thomas S. West III and Kristen H. West and the City of
Ocoee for 888 Ocoee-Apopka Road. Motion carried 4-0. Commissioner Johnson was away
from the dais.
10th Joint Planning Area Agreement Amendment
City Attorney Rosenthal presented the Tenth Joint Planning Area Agreement Amendment and
advised this would change the JPA Land Use Map designation from low density residential to
industrial.
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The public hearing was opened. As no one wished to add to the comments already in the record,
the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Howell,moved to approve the Tenth
Joint Planning Area Agreement Amendment,authorizing execution thereof by the Mayor and
City Clerk and transmittal to Orange County. Motion carried 4-0. Commissioner Johnson was
away from the dais.
Ordinance No. 2003-55, Small Scale Comprehensive Plan Amendment
City Attorney Rosenthal read the title only of Ordinance No. 2003-55 T. Milton West
Comprehensive Plan Amendment 888 Ocoee-Apopka Road.
The public hearing was opened. As no one wished to add to the comments already in the record,
the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Howell, moved to adopt Ordinance No.
2003-55 West Comprehensive Plan Amendment for 888 Ocoee-Apopka Road. Motion carried
4-0. Commissioner Johnson was away from the dais.
Ordinance No. 2003-56, Initial Zoning
City Attorney Rosenthal read the title only of Ordinance No. 2003-56 zoning 888 Ocoee-
Apopka Road I-1 Restricted Manufacturing and Warehousing.
The public hearing was opened. As no one wished to add to the comments already in the record,
the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance No.
2003-56 zoning 888 Ocoee-Apopka Road I-1 Restricted Manufacturing and Warehousing.
Motion carried 4-0. Commissioner Johnson was away from the dais.
THIS ITEM WAS TAKEN OUT OF AGENDA ORDER
M.I. Ranchito Market—Waivers Request. (Community Development Director Wagner)
Community Development Director Wagner gave the staff report, describing the site plan for
this project south of Silver Star Road just west of Bluford Avenue as a retail center with two
buildings. He said the applicant requests two waivers: (1)to be relieved of the requirement to
pave the adjoining street as the roadway of Lee Street is partially blacktopped, partially dirt; and
(2)to build a split masonry wall instead of the required brick. The project is dependent upon the
vacation of the Kissimmee Road right-of-way and that issue will come before the Commission at
a later date. He added staff considered the significant issue at this point to be the turn left lane
on Silver Star Road, as, although the developer has not listed it as a waiver request, he believes
he should be relieved of building the left turn lane on Silver Star Road leading into the project.
Jacob Riger, Traffic Consultant, explained the concerns prompting the need for the left turn
lane.
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John B. Webb, P.E., representing M.I. Ranchito Market, gave the background and spoke at
length describing their situation and desire to not be responsible for the left turn lanes.
Commissioner Johnson and Commissioner Anderson both discussed the need for a turn lane.
Commissioner Johnson said the City needs to pave the back road, while Commissioner
Anderson said the developer should do that paving as well. Further discussion involved whether
it should be paved to City Code or just cold paved and consensus was that cold paving would
suffice.
Commissioner Anderson, seconded by Commissioner Howell, moved to support staff
recommendation to deny waiver number 1 of paving Lee Street. Motion lost 2-3 with Mayor
Vandergrift and Commissioners Johnson and Parker voting no.
Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the
applicant's request for a waiver with respect to the paving of Lee Street conditioned upon the
construction of left turn lane on Silver Star Road to the satisfaction of staff. Motion carried 5-0.
Commissioner Johnson, seconded by Commissioner Anderson, moved to approve the
applicant's request for the second waiver from the brick buffer wall requirement to construct
split-faced block buffer wall instead conditioned upon the construction of the left turn lane on
Silver Star Road to the satisfaction of staff Motion carried 5-0.
THIS ITEM WAS TAKEN OUT OF AGENDA ORDER
Approval of Agreement with Westgate Resorts, Ltd. Regarding Use of Scotty's Site for
Parking. (City Attorney Rosenthal)
Westgate proposes to construct a vehicular and pedestrian bridge between its call center on
Professional Parkway and the former Scotty's building on S.R. 50. The former Scotty's building
will be used for parking. The Agreement ties the two parcels together so that the parking spaces
are not double counted. City Attorney Rosenthal explained the agreement.
Following a brief discussion, Commissioner Johnson, seconded by Commissioner Parker,
moved to approve the Agreement with Westgate Resorts, Ltd., and authorize the Mayor and City
Clerk to execute the Agreement. Motion carried 4-0. Commissioner Howell was away from the
dais.
THIS ITEM WAS TAKEN OUT OF AGENDA ORDER
Cemetery adjoining Forest Ridge (Community Development Director Wagner)
The Cemetery adjoining Forest Ridge has been identified by the Reconciliation Taskforce as an
historic African-American cemetery. The cemetery, located in Orange County, is abandoned and
not properly maintained. The ownership is listed as "unknown" in the Orange County records.
At the January 21, 2003 City Commission meeting, the Mayor and City Commissioners voted
unanimously to direct Staff to annex this property into the City of Ocoee as a first step in the
preservation of this historic landmark. The subject property is 1.012 acres and is located south of
Basking Ridge Court, north of Burnt Tree Court, and west of Caballlero Court. The requested
initial zoning is R-1-A"Single Family Dwelling." Community Development Director
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Ocoee City Commission Regular Session
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Wagner gave the staff report and recommendation of the Planning and Zoning Commission and
Development Review Committee to approve.
Ordinance No. 2003-44, Annexation
City Attorney Rosenthal read the title only of Ordinance No. 2003-44, annexing the Cemetery
parcel into the City.
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.
2003-44, annexing the Cemetery into the City. Motion carried 5-0.
Ordinance No. 2003-45, Initial Zoning
City Attorney Rosenthal read the title only of Ordinance No. 2003-45, zoning the Cemetery
parcel R-1-A.
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.
2003-45 zoning the Cemetery parcel R-1-A. Motion carried 5-0.
OTHER BUSINESS
Approval and Acceptance of the Minutes of City Commission Regular Session of November
4,2003. (City Clerk Grafton)
Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the Minutes
of the City Commission Regular Session of November 4, 2003, as presented. Motion carried 5-
0.
First Reading of Ordinance No. 2003-60,Amending Section 78-20 of Code Relating to Plan
Review. (Fire Chief Strosnider) (Second Reading and Public Hearing will be held on
December 2, 2003 at 7:15 p.m.)
City Attorney Rosenthal read the title only of Ordinance No. 2003-60 amending Section 78-20
of the Code relating to plan review. Mayor Vandergrift announced the time and date of the
second reading and public hearing scheduled for December 2, at 7:15 p.m.
Discussion Re: Doss Property. (Commissioner Howell)
Commissioner Howell said he had asked for this item to be on the agenda to see if the
Commission wished to readdress this issue.
Commissioner Howell, seconded by Commissioner Anderson, moved to present a proposal in
the amount of$35,000 to Mr. Doss and bring back a purchase contract to the City Commission
for final consideration. Motion carried 3-2 with Commissioners Johnson and Parker voting no.
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Commissioner Parker, seconded by Commissioner Anderson, moved to approve the next
four items (F, G, H, and I) as presented. Motion carried 5-0.
F. Approval and Authorization for Mayor and City Clerk to Execute Agreement
for Services Agreement between Motorola Incorporated and the City of
Ocoee, Florida in the Amount Not to Exceed $22,873.08. (Chief Goclon)
G. Approval and Authorization for Mayor and City Clerk to Execute Agreement to
Renew the Agreement with the Orange County School Board to Provide
School Resource Officers for the 2003/04 School Year. (Chief Goclon)
H. Approval and Authorization for Mayor and City Clerk to Execute Agreement
with Traffic Control Devices, Inc. for the Construction of the Traffic Signal at
the Intersection of Bluford Avenue and Orlando Avenue. (Deputy Public
Works Director Zaitooni)
I. Award of Bid#B04-01 Replacement of Police Department Air Conditioning
System to Apple Air Conditioning& Heating, Inc in the Amount of
$30,000.00. (Buyer Tolbert)
EMERGENCY ITEMS
Mayor Vandergrift declared the following two items to be emergency items due to the time and
nature of the requests.
Temporary Closing of Public Streets for Ocoee Lions Club Annual Christmas Parade
The annual Christmas Parade is scheduled for December 6, 2003, at 10:00 a.m. and the Ocoee
Lions Club requests authorization to close the streets involved in the parade from 9:30 a.m. until
the parade has passed. Those streets are Roper Parkway, Enterprise Street, Maguire Road,
Taylor Street, and portions of McKey Street, Bluford Avenue, and Oakland Avenue.
Mayor Vandergrift, seconded by Commissioner Parker, moved to approve the temporary
closing of City streets as requested for the Christmas Parade. Motion carried 5-0.
Tri-County Area Open Roads Policy
Mayor Vandergrift explained this Policy is an agreement between the Florida Highway Patrol,
the Florida Department of Transportation, Local Law Enforcement, and Local Fire Rescue to
expedite the removal of vehicles, cargo, and debris from State Highway System Roadways in
order to restore in the most efficient and timely manner, the safe, orderly and expeditious flow of
vehicles following a crash or incident. The agreement had been distributed to, and adopted by,
other entities in Orange County, Osceola County, and Seminole County, but Ocoee had been
overlooked in the process. This program sets goals for local law enforcement and fire-rescue
along with FHP and FDOT to clear all accidents/incidents from the traveling roadway within 90
minutes of the arrival of the first responding officer.
Mayor Vandergrift, seconded by Commissioner Anderson, moved to adopt the Open Roads
Policy and authorize the Mayor and City Clerk to execute the agreement on behalf of the City.
Motion carried 5-0.
13
taa irOcoee City Commission Regular Session D
November 18,2003
STAFF REPORTS
City Manager Gleason
1) Distributed information regarding the Leadership and Strategic Planning Workshop and asked
the Commission to review and begin answering questions for future reference.
2) Asked for direction regarding the eminent domain-condemnation of right-of-way on 7th
Avenue. He said he could put this on the December 2nd meeting.
COMMENTS FROM COMMISSIONERS
Commissioner Parker said, regarding the water issue and landscape ordinance, she has a
meeting with staff on Wednesday and she has two people ready to serve. She asked the
Commission to be looking for people to appoint to this committee—business persons, a
landscaper, an irrigation expert, a builder/developer, a realtor—so this committee could get
started.
Commissioner Anderson
1) Announced the Christmas light judging would be done December 8 and 9.
2) Announced the number for parents who wished to arrange a call from Santa for their children.
3) Commented on the pamphlets regarding water conservation(inside and outside) from St.
Johns River Water Management District. Mr. Gleason advised SJRWMD had sent 500
brochures to the City along with a disk and authorization to reproduce the pamphlets.
Mayor Vandergrift
1) Reported the fountain lights need to be adjusted.
2) A street light is out down there.
3) Plants are dying on the porch.
4) Commented on the policy created by staff regarding how delinquent utility accounts will be
handled through the Christmas holidays, and said that policy should have come from this
Commission rather than staff.
ADJOURNMENT
The meeting adjourned at 1:02 a.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
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