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HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION August 7, 2007 at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the Invocation and Commissioner Johnson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson(arrived at 7:30pm), Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I B. PRESENTATIONS AND PROCLAMATIONS Public Works Director Krug presented Judy Henry with an Embossed Rocking Chair and thanked her for her 17 years of service to the City. Jean Grafton, Chair of the Districting Commission, assisted by GIS Analyst Mike O'Halloran, presented the Board's recommendation (Board Plan #5) to the Commission. Commissioner Johnson said he does not agree with some of the movement of Commercial areas in his zone and he would like to call a workshop to discuss this. Consensus of the Commission was to have staff orQanize a ioint workshop with the DistrictinQ Commission and the City Commission. 7 :30 Commissioner Anderson arrived. I C. COMMENTS FROM CITIZENS/PUBLIC Sam Woodson, 814 Chicago Avenue, said the City has a nice cemetery and he would like to see it taken better care of. He said the maintenance crew is mowing with a riding mower around the outside and hitting everything else with weed killer. We need a smaller mower to go in between the graves. He said when he was on the Commission years ago the money for perpetual care of the cemetery was removed to help pay for other city business, but they promised residents that they would take care of the cemetery. He thinks we need to go back to taking better care of those grounds. Public Works Director Krug said he spoke to Valley Crest regarding the use of weed killer and they have agreed to edge and maintain the area rather than just killing the weeds. Commissioner Anderson said the City cemetery should be kept as nice as the community center and other city facilities. Mr. Woodson also mentioned that when they dig a grave, they should put some grass back on top and not just dirt. He said we also need to do something about the road because the large vehicles can't make the turn without going over some of the graves. The City Commission Regular Meeting August 7, 2007 mowing company comes in with a large truck and trailer. Mayor Vandergrift said they should leave their trucks outside of the cemetery and ride the mowers in. Mr. Woodson said he will be watching what happens out there. He added that the City should lay sod as we did where the old fire department was demolished. Rosemarie Morganto, 11012 Groveshire Court 1) asked if the landscaping can be finished on Maguire Road; it is 75% done and it would look nice to finish it, 2) said she is concerned about the additional traffic that will be on Maguire Road with all the new development; there is already back up at the bridge in the morning and evening. She said there should be an extra lane for traffic to turn onto Old Winder Garden Road, 3) said her HOA has discussed electronic signs and they are strongly against having them in the City. Public Works Director Krug, responded to her first question saying that we have removed the dead plant material along Maguire, we are working on completing it. Commissioner Johnson said the dirt beds need to be removed and new dirt placed there with a new variety of plants that will last. He said Public Works Director Krug and Valley Crest are doing a good job trying to get this fixed. Commissioner Anderson said he thinks the City medians should be uniform as far as plant materials and the look. City Manager Frank said we can fund it that way so that all the medians can be done, we have been working on the areas that were budgeted, and the other areas are just doing we can without having the funds. We have some DOT funding for Silver Star Road. Public Works Director Krug said the Silver Star project is back in the State's hands for review, but we are staying on top of it. Commissioner Keller said uniformity would make it look good and help cut costs because we would be buying plant materials in bulk. J ames Fleming, 511 Orange Avenue, 1) said we also need to pressure clean all of the headstones in the cemetery, 2) spoke about an off duty Ocoee Police Officer who stopped and got out of his car in the rain to remove something that was obstructing the traffic, 3) said the Veteran's Memorial is coming along, they are working on the flagpole and lighting at this time. I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood, 1) said Pop Warner football has started practicing; Fall Ball Baseball sign ups are August 17 & 18; Ocoee Youth Soccer sign ups are this week; and more information on all of the sports can be found on the City's website. Reminded residents that the kids are back out there and to please DRIVE CAREFUL. Commissioner Anderson 1) thanked Jean and the Districting Commission for their presentation, 2) thanked the Police and Fire for the National Night Out event tonight, there was a lot of good information being circulated. Commissioner Keller 1) said school opens August 20, 2007, so be aware that the traffic will pick up around school areas, 2) said the Charter School Town Hall Meetings on Thursday with Lake Wales and Monday with Pembroke Pines were very interesting and informative and residents should check out the re-airing schedule on OGTV to make sure they get to see those, 3) he also asked residents to please help with the phone survey when they receive the calls about the Charter School. Commissioner Johnson 1) asked about the Cemetery Committee. City Clerk Eikenberry advised letters were sent out as requested by Commission with regard to violations and cleanup and Parks and Recreation Director Hayes was looking into costs of fencing and irrigation. Commissioner Johnson said we really need to address the landscape issues and look at sprucing it up, and possibly installing brick columns and wrought iron. 2) he asked the Commission to Page 2 of 16 City Commission Regular Meeting August 7, 2007 consider granting $500 to the Saving Young Hearts; they will be at the Mall on August 17 & 18. They will be testing children to see if any are at risk. Commissioner Johnson, seconded by Commissioner Anderson moved to Qrant J500 to the Local Chapter of SavinQ YounQ Hearts. Motion carried 5-0. Mayor Vandergrift - said that we had two very good sessions on Charter Schools with Lake Wales and Pembroke Pines. They demonstrated two different ways that Charter Schools can be done, Pembroke Pines was sponsored by the City and Lake Wales was sponsored by the residents who formed a group. In either case there was no more cost to the taxpayers for Charter Schools than they were already paying. Charter Schools are public schools and the teachers get all the same benefits. He said Martha Lopez Anderson is attending the property rezoning meeting for Evans High School and she will report to us later tonight. He advised residents that they can get a copy of the Charter School Meetings from the Clerk's Office for $1.50. I E. CONSENT AGENDA Approved by Consent AQenda Vote. Motion Carried 5-0. The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three year terms. There are no applications currently on file. The three-year term of Michael Hopper expired in June. He has indicated he is willing to serve another term, if reappointed. In addition, Member Morton has announced that he will be resigning from the board after the August meeting, which leaves a vacant regular member position. There are two alternate members currently on the board. Staff recommends that the Honorable Mayor and City Commissioners reappoint Michael Hopper to serve another three-year term on the Code Enforcement Board ending June 2010, and consider moving up an alternate member to the regular member position. Approved by Consent AQenda Vote. Motion Carried 5-0. The City Commission established a budget of $100,000 for engineering design and permitting services associated with the planned relocation of two City-owned utility lines crossing Florida's Turnpike on the eastern edge of the Maguire Road right of way: a 12-inch sanitary sewer force main and a 12-inch potable water main. Both lines were initially slated for relocation to the east at a greater depth in order to avoid conflicts with the planned widening of the Turnpike in this area. Over the last few months, City staff conducted extensive discussions with Turnpike officials, which have resulted in a reduction in project scope and cost savings to the City. The firm of Dyer, Riddle, Mills & Precourt, Inc. is under contract to the City for continuing engineering services and has supplied a proposal totaling $32,280.00 for the engineering and permitting portion of the work. The proposal includes $21,805 for the sanitary sewer force main, $7,540 for the water main, and $2,935 (10%) Page 3 of 16 City Commission Regular Meeting August 7, 2007 for contingencies. Direct reimbursable costs (printing, copying, etc.) will be paid from the contingency amount. The total projected cost should not exceed $32,280. Approved by Consent AQenda Vote. Motion Carried 5-0. As part of the first phase of improvements for Central Park, the Park and Recreation Department is proposing to upgrade and replace the existing bleachers for the baseball and football fields. Staff is requesting permission to piggyback off of the Citrus County School District contract #2006-41 for these services. Seating Constructors USA has submitted such a proposal to supply the bleachers and perform such services in the amount of $88,699.89, based upon the aforementioned contract. Approved by Consent AQenda Vote. Motion Carried 5-0. As part of the first phase of improvements for Central Park, the Park and Recreation Department is proposing to upgrade and replace the existing playground equipment. Staff is requesting permission to piggyback off of the U.S. Communities National Contract #040377 for these services. Rep Services, Inc. has submitted such a proposal to supply the playground equipment and perform installation services in the amount of $148,748.74, based upon the aforementioned contract. This item was removed from the Consent Agenda and heard separately. Commissioner Anderson asked what the life span is of playground equipment. Parks and Recreation Director Hayes said it is dependant on manufacturer, installation, maintenance, and usage. We also have equipment in some parks that is subject to abuse from vandalism. Commissioner Anderson asked if we should be analyzing playground equipment on day to day basis and asked if there is a procedure in place to periodically check the playground equipment City Manager Frank that is being done during the monthly park inspections, when equipment appears damaged, unsafe, or unsightly we make note of it. In Central Park we are doing a 3-4 year total makeover plan. Mayor VanderQrift, seconded by Commissioner Hood. moved to aDDrove the U.S. Communities National Contract #040377 for the Provision and Installation of PlaYQround Eauipment. as recommended by staff. Motion carried 5-0. Commissioner Anderson, seconded by Commissioner Keller, moved to approve Consent AQenda Items 1 , throuQh 4, excludinQ Item #5 which was removed and heard separately. Motion carried 5-0. Page 4 of 16 City Commission Regular Meeting August 7, 2007 I F. PUBLIC HEARINGS - SECOND READING OF ORDINANCES I a. Annexation - Thomas Property - Ordinance No. 2007-019 I b. Rezoning - Thomas Property- Ordinance No. 2007-020 East side of Lauren Beth Avenue, 600 feet south of the intersection of Clarcona Ocoee Road and Lauren Beth Avenue. Kirt Thomas is requesting the annexation of an 18.69 ::!: acre parcel and a change of zoning from Orange County "A-I" (General Agriculture) to the City ofOcoee "A-I" (General Agriculture). Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 18.69 +/- acres ofland known as the Thomas Property, and also adopt the ordinance to rezone the property to "A-I" General Agriculture. City Attorney Rosenthal read the title of the Annexation Ordinance. Principal Planner Rumer gave a presentation stating the proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use and initial zoning classifications are consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. This annexation was approved by the DRC and by the Planning and Zoning Commission. Mayor Vandergrift opened the Public Hearing R. P. Monacky - 1820 Prairie Lake Blvd. asked what is it being zoned for. Mayor Vandergrift said the owner intents to put 1 house on the property. Mayor Vandergrift closed the Public Hearing. Commissioner Keller, seconded by Johnson, moved to adopt Ordinance No. 2007-019, annexinQ into the corporate city limits 18.69 +/- acres of land known as the Thomas Prooertv. Motion carried 5-0. The Ordinance as adopted carried the following title: ORDINANCE NO. 2007-019 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 18.69 ACRES LOCATED EAST OF AND ADJACENT TO LAUREN BETH AVENUE AND APPROXIMATELY 600 FEET SOUTH OF CLARCONA OCOEE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Page 5 of 16 City Commission Regular Meeting August 7, 2007 City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift opened the Public Hearing Curt Thomas, property owner, asked if this annexation and rezoning is effective tonight. City Attorney Rosenthal advised that it will be signed and dated tonight. Mayor Vandergrift closed the Public Hearing. Commissioner Keller seconded by Commissioner Anderson moved to adopt Ordinance 2007-020, authorizinQ the rezoninQ of the property to "A-1" General AQriculture. Motion carried 5-0. The Ordinance as adopted carried the following title: ORDINANCE NO. 2007-020 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE A- I, "GENERAL AGRICULTURE," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 18.69 ACRES LOCATED EAST OF AND ADJACENT TO LAUREN BETH AVENUE AND APPROXIMATELY 600 FEET SOUTH OF CLARCONA OCOEE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. I a. Annexation-Oak Level Heights- Ordinance No. 2007-021 I b. Rezoning-Oak Level Heights- Ordinance No. 2007-022 City Attorney Rosenthal read the title of the Annexation Ordinance. Principal Planner Rumer gave a presentation and stated the proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use and initial zoning classifications are consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. This annexation was approved by the DRC and the Planning and Zoning Commission. Staff recommends adoption of the ordinance for annexation of the property. City Attorney Rosenthal explained that it is not a waiver from the Code, the applicant has an existing variance from Orange County, so the property is being annexed in with that variance entitlement and a Developer Agreement would expressly recognize that variance, so future transactions/sales would show record that the variance moved from Orange County to Ocoee. Page 6 of 16 City Commission Regular Meeting August 7, 2007 Mayor Vandergrift clarified that the variance was for leaving it at three 55 ft lots as opposed to the 75 foot rule. Principle Planner Rumer said that is correct and the second variance from the county allowed the lot size to be 8,520 ft as opposed to ~ acre; but our code only calls for lot size of 7000 sq. ft., therefore the lot meets that without any variance for size. There was a brief discussion regarding water and sewer services in that area of Orange County. Mayor Vandergrift opened the Public Hearing George Laman, 1137 E. Plant Street, said Orange County had the whole section zoned AI, no one knows why, the FLU Designation is low density residential which is not consistent with Al zoning. He said he bought the middle lot personally, then purchased the lots on either side (lots 3 & 5) via Exclusive Homes, Inc. He applied for rezoning to Rl by Orange County, but instead advised him to obtain variances for size and width, and those were granted. He was able to keep all of the sewer and septic at the correct distances, except in the case of the convenience store next door who has a well close to his property. He said OUC told him he could probably get a variance from the State, but he would prefer to annex and water from the City of Ocoee, than to build a septic system 50 feet from the well of the neighboring convenience store. His properties and the convenience store agreed to annex into Ocoee, but the convenience store property was rejected by DRC. He is now agreeing to get a water services from Ocoee for the convenience store and pay for it himself so the well can be removed. Commissioner Anderson said that he builds very good homes and the one on Orange Avenue appreciated over $160,000 in value in three years. He added that he would like to annex the convenience store also, even if it is a non-conforming use. James Fleming, 511 Orange Avenue, said he builds very good homes that increase the property values in the city and he is in favor of this annexation. Mayor Vandergrift closed the Public Hearing. Commissioner Keller asked if we were creating an enclave. City Attorney Rosenthal said no, it is contiguous property, with the golf course being across the street. Commissioner Keller said this property creates problems for policing because they are having difficulty figuring out what is in the City, he said it might be helpful to annex it and have more of it in our City. City Attorney Rosenthal said the convenience store applied for annexation to the City. The DRC advised against the annexation. Under our policy, if someone applies for annexation and gets rejected by DRC, they are entitled to get City water without an agreement for future annexation. This policy was written as a water service issue and not an annexation issue. This is the only instance he can recall since the policy was adopted where the DRC has advised against annexation. Commissioner Anderson said it is in our JP A, we are responding when there are police issues there, we are just not getting the tax dollars. City Attorney Rosenthal said if you want the convenience store to annex after the other property is approved tonight, you can go to them and Page 7 of 16 City Commission Regular Meeting August 7, 2007 ask them to annex. If they say no, you wouldn't have any basis to make them move forward with annexation, and procedurally you cannot deny water service. Commissioner Hood asked if DRC expedited the applicant's situation faster by rejecting the annexation. Commissioner Johnson stated that does not mean they can't annex on their own. City Attorney Rosenthal said this does not prevent the convenience store from proceeding with annexation, but the City cannot require a voluntary annexation. Commissioner Keller said we should probably change the policy to say that if it is rejected by the DRC, it should come to the Commission for rejection/approval also. Mayor Vandergrift said that our job is to provide economical supply of water to our residents, but OUC is reaching into our city and providing water for our residents. Water departments were originally formed to create revenue for the city and keep taxes lower. Commissioner Anderson asked what would happen if the DRC reversed their opinion. City Attorney Rosenthal said if you want to go in that direction, you should continue this annexation to a later date because they are all tied together. Everyone has gone through the correct legal procedures, which will entitle the convenience store to get water service from the City. He said he would have to review the policy again, but he does not think there is any verbiage that would allow the Commission to deny water service or to force annexation. The City will get the surcharge on both the service and the connection fees. Mr. Laman said the original annexation with DRC was all together, including the convenience store. DRC asked the owner of the convenience store to withdraw their portion of it. If the owner had not cooperated, it may have come to the Commission, but he voluntarily withdrew. City Attorney Rosenthal said the policy says if it is denied by DRC that the property owner has the option of withdrawing the petition or proceed with the annexation with the City. Mayor VanderQrift, seconded by Commissioner Anderson, moved to adopt Ordinance No. 2007-021, annexinQ into the corporate city limits 0.58 +/- acres of land acres of land known as the Oak Level HeiQhts property, subiect to an Annexation AQreement includinQ a provision that would waive the lot width reauirements of Section 5-10 (B) of the Land Development Code to. Motion carried 5-0. The Ordinance as adopted carried the following title: ORDINANCE NO. 2007-021 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.60 ACRES LOCATED SOUTH OF AND ADJACENT TO CLARCONA OCOEE ROAD AND APPROXIMATELY 150 FEET WEST OF ANGOLA STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Page 8 of 16 City Commission Regular Meeting August 7, 2007 City Attorney Rosenthal said there are two ways bring DRC denials of annexation to the Commission: we can bring the DRC report to the next Commission Meeting for direction; the other way would be an advertised public hearing. Mayor Vandergrift said the first version is fine. . The commission agreed that would be added to the policy. Commissioner Keller stated that we may want to reconsider the convenience store annexation. City Attorney Rosenthal clarified that the Commission wants the staff to bring a revision to the policy which says if DRC recommends against annexation, before the applicant chooses either way, it should come back before the Commission. Consensus of the Commission was to revise the policy. Consensus of the Commission is for staff to brinQ a revision to the policy which says if DRC recommends aQainst annexation, before the applicant chooses either way, it should come back before the Commission, and to look into annexation of the convenience store property. City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift opened the Public Hearing There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing. Commissioner Hood seconded by Commissioner Anderson moved to adopt Ordinance 2007-022, authorizinQ the rezoninQ of the property to"R-1" SinQle- Family DwellinQ. Motion carried 5-0. The Ordinance as adopted carried the following title: ORDINANCE NO. 2007-022 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R- 1, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.58 ACRES LOCATED SOUTH OF AND ADJACENT TO CLARCONA OCOEE ROAD AND APPROXIMATELY 150 FEET WEST OF ANGOLA STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. I c. Annexation Agreement (not an Ordinance) South side of Clare on a Ocoee Road, at the southwest corner of the intersection of Clare on a Ocoee Road and Angola Street. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use and initial zoning classifications are consistent with the land use classifications on the Future Land Use Map and the JP A Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 0.58 +/- acres of land acres of land known as the Oak Level Heights property, subject to an annexation agreement including a provision that would waive the lot width requirements of Section 5-10 (B) of the Land Page 9 of 16 City Commission Regular Meeting August 7, 2007 Development Code and also adopt the ordinance to rezone the property to rezoning to "R-l" Single-Family Dwelling. Commissioner Johnson, seconded by Commissioner Anderson, moved to approve the annexation aQreement as presented by staff. Motion carried 5-0. LG. PUBLIC HEARINGS The roadway known in portions as Maguire Road, Kissimmee Avenue, and Bowness Road has been an Orange County road by jurisdiction to operate and maintain for many years. However the City of Ocoee has been maintaining this roadway section for at least the past fifteen years. Florida Statutes require that roadway transfers between the County and the City be done by Interlocal Agreement. The County procedures require that this approval occur at an advertised public hearing. City Engineer Wheeler said the public hearing requirement has been made by Orange County. He stated the deeding of Maguire Road is going from just north of Parkridge-Gotha Road all the way up Maguire Road through Kissimmee Avenue to Bowness Road, stopping just south of the intersection with Franklin Street. He explained that Franklin Street/So R. 438 is controlled by FDOT, while Parkridge-Gotha is still an Orange County Road. He said that Orange County would not deed that to the City and would continue to maintain that intersection; however, certain portions of the road are owned and maintained by the City. He is requesting that the City takeover official ownership of the road to continue maintaining it as they have in the past. He stated there was some contamination in the area, caused by Heller Bros., and DEP and Orange County required the City to never use that specific area for housing. The public hearing was opened and closed as nobody wished to speak. Commissioner Anderson inquired if there was state funding on that road. City Engineer Wheeler said there was not, but when the road becomes their jurisdiction they will have the ability to impart whatever restrictions they feel fit. Mayor Vandergrift was unaware that it would include all of Maguire Road down to Windsor Lane, whereas most of the south end is unincorporated Orange County and he would not recommend taking ownership without some kind of compensation. Commissioner Anderson commented that Ocoee already maintains that portion and has built and widened that road, without County money; therefore, they have already done everything and are only asking that the City owns it. Commissioner Hood said that in the near future Commissioner Johnson will be requesting street lights on that area of roadway and there will be a fight if it is still owned by Orange County. Mayor Vandergrift asked why the County offered this to the City free and clear. City Engineer Wheeler said as new developments have come in and have requested for review of plans, ROW utilization and inspection fees, etc., it has caused arguments. He said they want to use the County's standards, opposed to the City's standards, and it is a constant struggle. As far as maintenance, the City has been fixing pot holes, cleaning catch basins and storm sewers, and our police have been down there enforcing speed limits. Commissioner Hood asked why the City has been completing these tasks without compensation. City Engineer Wheeler said the City responds to citizens Page 10 of 16 City Commission Regular Meeting August 7, 2007 complaints and issues in that area because the County has not been maintaining it. He stated his belief that the Belmere residents are planning to approach the City for annexation. City Attorney Rosenthal gave the history of the long standing jurisdictional issue, which has been pushed aside for too long. He suggested that rejecting this might cause the County to address curb cuts in the like of our new subdivisions, which could have impacts. City Engineer Wheeler explained the contamination and the clean up process that had occurred. City Attorney Rosenthal said he has a conflict because his firm represents Heller Bros., but Heller Brothers has done the cleanup on their property up as much as they can without over excavating and interfering with the Maguire Road project. This contamination issue was discovered during the road construction project. DEP is going to issue a clearance letter stating everything was okay, except areas where it was impractical to clean up, they will require that the City put a restrictive covenant on that portion prohibiting development. Commissioner Anderson, seconded by Commissioner Keller, moved to approve Interlocal AQreement between OranQe County, Florida and City of Ocoee, Florida reQardinQ Transfer of Jurisdiction of MaQuire Road/Kissimmee Avenue/Bowness Road from Franklin Street to ParkridQe-Gotha Road. Motion carried 4-0, with Mayor VanderQrift away from the dais. The existing residence, built in 1982, is a single family, one-story structure on a 0.17::!: acre lot. This variance application requests that a 17'xI6' bathroom addition at 1005 Armada Ct be allowed to encroach 11 feet into the 25 foot rear yard setback. The bathroom is located immediately off the bedroom and will feature a large shower with a bench and a whirlpool bath tub. The applicant stated as part of the application that he is 100% totally and permanently disabled and needs a larger shower for mobility and his wife has severe osteo- arthritis, and was prescribed daily use of a whirlpool bath from her doctor. Without objection, this item was moved up before Item 8 due the presence of the applicant. Principal Planner Rumer gave the history of the case. He said the case went before the Board of Adjustment and nobody opposed; therefore, the board recommended approval based on the fact that a screened porch currently protrudes from the back, adjacent to the proposed structure. The public hearing was opened. James Fleming stated his approval of the variance. The public hearing was closed. Mayor VanderQrift, seconded by Commissioner Anderson, moved to approve the Glenn Myers Variance. Motion carried 5-0. Page 11 of 16 City Commission Regular Meeting August 7, 2007 I H. REGULAR AGENDA The proposed Ocoee located on the corner Star Road and Ridgefield Avenue. The property is currently vacant, zoned C-l (Neighborhood Shopping District), and is approximately 1.7 acres in size. The small-scale site plan proposes the construction of a 3-story office building with a total building floor area of 22,884 square feet. In order to proceed with review of the small-scale site plan, the applicant has requested three waivers from the requirements of the Land Development Code. Principal Planner Fabre gave a detailed history of the case. He stated the three waiver requests as (1) setback of 30' from road, rather than 50', which is a common waiver granted by Commission in the past, (2) landscape buffer reduced from 25' to 15', and (3) maximum building height code not clear and they want to clarify his request is acceptable. Principal Planner Fabre said that staff is recommending approval of the waivers, subject to approval of the small scale site plan. Commissioner Anderson asked if any of the residents of Brentwood or Silver Glen been notified of this building, because it is a small scale site plan that will not come before Commission again. Commissioner Johnson said he agrees that the neighbors should be notified. Principal Planner Fabre said they were not. Commissioners Anderson asked that this item be continued and a town hall meeting with the area neighbors be held between now and then. City Attorney Rosenthal asked if they want a town hall meeting or a public hearing. Commissioner Johnson said he thinks a Public Hearing would be a better idea. Commissioner Anderson, seconded by Commissioner Keller, moved to postpone action on the Ocoee Professional Plaza and to brinQ it back as a public meetinQ after notifyinQ the residents of Silver Glen, Brontwood, and Lake Olympia. Motion carried 4-0, with Mayor VanderQrift away from the dais. City Clerk Eikenberry asked to clarify the type of notice they want, is it specifically a mail out or advertising? City Attorney Rosenthal clarified that the entire community, as well as the HOA's, would need to receive notice of the meeting. The Chamber will be appointing a nominating committee in August and will then meet to determine the slate for 2008. They have asked that the City Commission determine who will represent the City of Ocoee on their board. Commissioner Johnson stated that he thought it would work best to keep City Manager Frank as the representative for the City. City Clerk Eikenberry stated that they originally thought that this was something different from what City Manager Frank was appointed to in November because of the way the email notification was worded. Consensus of the Commission, without objection, was to keep City ManaQer Frank as the City Representative for the West OranQe Chamber of Commerce. Page 12 of 16 City Commission Regular Meeting August 7, 2007 The City of Ocoee has secured a $862,500 CDBG award from Orange County for reconstruction of the Lakewood Neighborhood, which extends from the railroad tracks north to approximately 125 feet north of Mobile Lane. The project requires engineering services related to the reconstruction of potable water facilities and the existing roadway network, and for the construction of new reclaimed water, sanitary sewer, and stormwater management facilities within the designated neighborhood. Because more than $1 million has been appropriated from the CDBG program and City utility funds, the City's engineering providers under continuing contract could not be assigned the work. The full cost of the project is expected to approach $3 million during multiple construction phases over several years. Under the terms of the Consultants Competitive Negotiation Act (CCNA) of Florida, any engineering work for which the anticipated construction cost exceeds $1 million must be procured through a separate competition based solely on technical capabilities. The project was advertised through a Request for Qualifications, with statements of qualification being due on May 22, 2007. Responses were received from eight firms. The Selection Committee identified and ranked the top-three firms, who were asked to make a presentation to the Committee on July 30, 2007. As a result of those presentations and other submitted materials, the Committee identified the top-ranked firm as PBS&J, second-ranked was Barnes, Ferland & Associates, Inc., and third-ranked was HDR Engineering, Inc. City Engineer Wheeler stated that presentation will be about what the project is. It is the Lakewood Avenue Area Community Redevelopment. He stated that the City Manager charged them with coming up with a couple areas that they could submit for CDBG funds. They submitted 3 applications and this one fell out of the sky for them. The location is east of Central Park, north of Rewis Street, the western boundary is the Christy Anthony Property and Burnt Tree Court is on the north end. The funding from CDBG does not include any improvements to Lakewood. The product applied for was to look at the area. Most of the homes in that area are on septic tanks. There are water upgrades that are needed and there is not a good storm water collection and treatment system. The roads need to be upgraded and widened. They would also like to include some street parking and landscaping. When the application was put together two years ago the estimated cost was 3.5 million dollars. The estimate was submitting to CDBG for full funding and they came back with an offer of 25% of the funds at this time. Not to say that would be their only contribution, but all they could offer at that time. They would like to see the project go through to completion. They may be able to contribute fund on an every other year basis. Other possible funding sources that came about through the RFP process were for funds from FDEP and SJRWMD as this is part of the Lake Apopka basin and the Wekiva Spring Shed area. The project was advertised back in May and they received 8 responses from interested consultants. The responses were reviewed and brought to 3 possible candidates: PBS&J, Barnes, Ferland & Associates, Inc., and HDR Engineering, Inc. PBS&J was ranked number one because they came up a lot of innovating concepts with the storm water and roads. They also came out strong with a door to door field work. They focused on the project area and not just previous work they had done. He further stated that they recommend PBS&J for the project. Commissioner Hood stated that he did not see money in the 2008 budget for this project. City Manager Frank stated that whatever money they do not spend this year will roll over. City Engineer Wheeler stated that right now they only have CDBG funds, no City funds have been committed. City Manager Frank stated that the City has an advantage for receiving future funding, because they were already selected this year, so they may be more willing to contribute to the project again. Commissioner Hood asked if the City did contribute monies to the project to expedite it along, could they still be reimbursed down the road. City Manager Frank stated that if they do contribute, there are certain portions that would expand the spine of the sewer Page 13 of 16 City Commission Regular Meeting August 7, 2007 system which could be a benefit for the City. City Engineer Wheeler stated that there are no requirements for matching funds on this project. Commissioner Johnson stated that they need to check that area for code issues. Mayor VanderQrift, seconded by Commissioner Hood moved to approve the selection of PBS&J for the project. per staff recommendations. Motion carried 5- O. I ***Special Item: Update from OCPS Evans Rezoning Meeting*** Mayor Vandergrift stated that Orange County School Board held a community meetin~ regarding rezoning of the land for Evans High School. He added that Ann Geiger is over the 9t grade center for Evans. Martha Lopez-Anderson stated that meeting was related to the rezoning of land not students. The cost will be $100 million for new construction, allowing up to 24 portables holding 500 students. The rezoning of actual students would not occur for at least two years. The County foresees completion of the rezoning taking place in 60 days. They discussed a lot of traffic issues, changing how Evans is today relating to their grades. They discussed a lot of ideas to make things bigger and better including possible magnet programs. She added that this is the beginning of rezoning students down the road. There will be a lot of money being spent and additional funds to bus students. Commissioner Anderson asked if anything will be done with the old site. Martha Lopez-Anderson stated that was discussed but they were unsure what would be done with the site. They did say it would not be demolished. Mayor Vandergrift stated that the 9th grade center was a temporary solution to overcrowding and caused a loss of community. Martha Lopez-Anderson stated that they are calling the school the Evans Replacement High School and they may change the name later down the road. She also stated that she would send a summary to the Mayor. She added that Evans High School will be 50 years old and there is no room for expansion. Commissioner Anderson asked if anyone going from one district from 8th _9th in a different district is having a sphere of influence. He added that it does not seem right. Mayor Vandergrift thanked Martha Lopez-Anderson for her report. He added that Ocoee Middle School is a feeder school for Ocoee High School and they are pulling those children and sending them to Wekiva. I I. STAFF REPORTS City Manager Frank announced that Thursday night will be the first budget workshop. He stated that they also need to review the Health Insurance options for next year. He stated that he would like to contact their consultants with Crown to be at the meeting on Thursday and to address that first at the Budget Workshop. I J. COMMENTS FROM COMMISSIONERS Commissioner Keller stated 1) that he checked and Ann Geiger is over the 9th grade center according to the web site, 2) thanked the Police and Fire department for their great job with National Night Out, 3) asked that everyone take a look at the Charter Review videos and get informed so that they can make a good decision. Page 140f16 City Commission Regular Meeting August 7, 2007 Commissioner Johnson 1) also thanked the Police Department for their work on National Night Out. He also added that the new property in the City is not getting on the list to be mowed. He stated the Public Works needs to be notified and let them know where exactly it is. There are signs coming into the City that need to be mowed around them, 2) there are two lots that are code enforcement issues and nothing has been written up on them. One is on Silver Star road on the left hand side and the other is the old Mayors place by Ocoee Middle School. He stated that fees or liens need to be assessed as it is their responsibility to maintain the property, 3) stated that he had contacted Public Works and was informed that the City sold all of their mowers. Public Works Director Krug stated that the only mowers they have had for the past year is a small fine mower, but they do have bush hogs. Commissioner Anderson asked why the trash cleaners in the Gators can't be cutting grass at the same time. City Manager Frank stated that they are trying to consolidate various jobs between Public Works and Parks & Recreation. He added that those changes would be addressed during the budget process and should improve efficiency. Commissioner Anderson encouraged everyone to register for the heart screening being put on by Saving Young Hearts. He requested that the infonnation be placed on the City webpage and staff advised that it was there already. Martha Lopez-Anderson announced that that event is taking place August 17 & 18th from 10 a.m. to 6:00 p.m. It is a heart screening event for children from the ages of 6-18 years old. Pre- registration is required and the deadline to register is August 14th, with no walk-ins available. The website is www.savinf!vounf!hearts.ofl!. Commissioner Johnson stated that his recommendation for the Charter Review Committee was Rosemarie Morganto. Commissioner Hood 1) thanked everyone involved in National Night Out. 2) stated that the boats and the boat traffic needs to be discussed. City Manager Frank asked the Commission if they had preference on how they want to handle that. Mayor Vandergrift stated that he tried to set up a Lake Watch Committee, but they were only interested in their wants. He also stated that some people would like some boats banned from the lake with only electric motors. Prima Vista has issues. Big groups are just interested in their own issues. Commissioner Johnson stated that there should be some control over the lake at Prima Vista. Commissioner Hood suggested holding a town meeting with the residents around the lake. Commissioner Johnson stated that he can not see taking motorized boats off of Starke Lake, but maybe off of Deep Lake. Mayor Vandergrift stated that it would be ideal to have Marine Enforcement on the weekends but the City can not afford that. Commissioner Johnson suggested making a civilian water control like the Police Department is doing. City Manager Frank stated that they need to look at the ordinances and rules regarding Deep Lake. Mayor Vandergrift requested that information be brought back regarding that issue. 3) stated that many people have requested that the Budget Workshops be televised and inquired about the cost to do that. City Manager Frank stated that there is not a lot of cost involved. Commissioner Hood asked if there was any reason why it wasn't going to be televised. He added that having the workshops televised would give their constituents the opportunity to hear what is being discussed and if they have an issue they can bring it forward before it is too late. It was the consensus of the Commission to make arranQements to have the BudQet Workshops televised. 4) inquired about having Page 15 of 16 City Commission Regular Meeting August 7, 2007 advisory boards televised and having the boards rotate. Mayor Vandergrift stated that was offered to the boards and it was their choice to be televised or not. He also thanked Parks and Recreation Director Hayes and Public Works Director Krug for work on Central Park. Parks & Recreation Director Hayes stated that the bleachers will be here in 4-6 weeks and he will be working around the bulldogs schedule, 5) stated that there are a few houses on Wurst Road that are operating as car lots. He requested that Code Enforcement check that out. He also stated that the robberies are getting really bad in the area. They need to get crime under control and look at this issue at budget time. He encouraged people to call when they see anything suspicious. Commissioner Anderson asked if they should call 911 or dial the 1313 number. Police Chief Reffett stated that 911 is the quickest number to call. Commissioner Johnson stated that the Police Department is doing a good job of catching them. Police Chief Reffett stated that the crime situation in 2008 is not going to be any better due to the decrease in construction, etc. Mayor Vandergrift stated that at Ingram Road/McCormick there is a trailer with six video cameras with lights on it that is available to rent. They will need to be moving strongly in the robo cop direction. Police Chief Reffett stated that the equipment would need to be a location that can not be seen. Video cameras inside are doing no good, they need outside cameras for surveillance. He also added that cameras are getting cheaper. Mayor Vandergrift thanked everyone for coming out to the meeting. He added that he would like Commissioners to think about Charter Schools. They need to take control of the school system. James Fleming, stated that there are 6 schools in Ocoee, 5 of which do not comply with ADA requirements. He stated that he is going to talk to a State Attorney regarding pressing charges against the school board. He made a records request for 3 things: 1) case number for each case regarding desegregation, 2) rezoning schools and 3) parking lot ADA standards. Mayor Vandergrift thanked the Human Relations Diversity Board for the butterfly fan. I ADJOURNMENT The meeting adjourned at 10:07 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 16 of 16