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HomeMy WebLinkAbout11-02-04 Minutes MINUTES OCOEE CITY COMMISSION November 2, 2004 at 7:15 P.M. REGULAR CITY COMMISSION MEETING A.CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Pastor Queener of the Church of God and Prophecy Chambers of City Hall. led the Amber Algood, Teacher from West Orange High School, Invocation and led the . City Clerk Eikenberry Pledge of Allegiance to the Flagcalled roll and declared a quorum present. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell (absent), Commissioner Johnson, and Commissioner Parker. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry B.PRESENTATIONS AND PROCLAMATIONS Certificate of Appreciation to Ocoee Elementary Student Dillon Duke. (Police Chief Goclon) This presentation was postponed to a later date. C.COMMENTS FROM CITIZENS/PUBLIC Amber Algood, instructor of West Orange High School Equine Science class, asked the City to assist them with the purchase of “Dan,” a horse costing $3,000.00. Commissioner Johnson, seconded by Commissioner Anderson, moved to approve a $500 contribution from the contingency fund toward the purchase of a horse. Motion carried 4-0, with Commissioner Howell absent. D.COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker - none Commissioner Johnson - none Commissioner Anderson – (1) the marquee light at the front of City Hall is out of sync with time change; (2) said the shrubs need to be trimmed along the sidewalk from the convenience store at Silver Star Rd. and Bluford down toward Pioneer Key; and (3) asked that the nomination form for the West Orange Chamber of Commerce “Community Service Award” be placed on the website. Mayor Vandergrift - (1) election at Citrus Elementary School was in favor of Kerry (436) over Bush (417). (2) read an email from Frances Watts thanking the people who allowed her to move ahead in the voting line because she was tired and hot, and she said the Seniors are anxious to get back to the Community Center and summarized events and trips they have done; (3) read a letter from James Fleming thanking Officer Stone for his patience and dedication during a period of time when his brother could not be located; (4) suggested that Lester Dabbs be nominated for West Orange Chamber of Commerce “Community Service Award”; (5) thanked everyone who participated in the Veteran’s Memorial Interchange ceremony on October 20, 2004; and (6) showed an aerial photograph of the new high school and explained the layout of the school and the roads surrounding the school. City Commission Regular Meeting November 2, 2004 E.CONSENT AGENDA 1.Approval and Acceptance of the Regular City Commission Minutes of October 19, 2004. (City Clerk Eikenberry) Passed on Consent. Motion carried 4-0, with Commissioner Howell absent 2.Appointment of Erin Woodman to Education Commission. (City Clerk Eikenberry) Only one application was on file for the Education Commission, therefore staff recommends the City Commission appoint Erin Woodman to the Education Commission for a two-year term ending on November 1, 2006. Passed on Consent. Motion carried 4-0, with Commissioner Howell absent 3.Appointment of Danny Vereen and Matt Garland to the Human Relations Diversity Board. (City Clerk Eikenberry) Two applications were recently submitted for the Human Relations/Diversity Board; therefore staff recommends the City Commission consider appointing Danny Vereen and Matt Garland to the Human Relations/Diversity Board with terms ending November 30, 2006. Passed on Consent. Motion carried 4-0, with Commissioner Howell absent 4.Consideration of Resolution 2004-11, Amending Resolution 2003-21 and Adopting Changes to the Human Relations/Diversity Board General Purposes and By-Laws. (City Clerk Eikenberry) Resolution 2004-11 to reconsider Article 8, “Quorum and Voting” of the Human Relations Diversity Board to require that a majority of qualified board members (as opposed to 1/3 one-third) are needed to constitute a quorum. Resolution 2004-11 Passed on Consent. Motion carried 4-0, with Commissioner Howell absent. 5.Consideration of Temporary Road Closing of City Owned Street for Victory Christian Academy Children’s Parade. (Building Official Phelps) Victory Christian Academy has made application to the City for a Special Events Permit for a children’s parade that would require the temporary closing of a City owned street. The event will be held on November 13, 2004, from 10am – 10:30am. The street to be closed is part of A.D. Mims Road. The following requirements will be met: 1) All residents that will be affected by the road blockage must be notified in advance; 2) Health Central Ambulance must be notified of the road closure in advance; 3) An emergency lane must be maintained at all times; and, 4) Roads must be blocked with proper barricades. Passed on Consent. Motion carried 4-0, with Commissioner Howell absent 6.Consideration of Agreement with the Florida Fish & Wildlife Conservation Commission for a $200,000 Grant to Design, Permit, and Construct a Sediment Removal Structure for the Bluford Avenue Drainage System. (Public Works Director Zaitooni) The Florida Fish and Wildlife Conservation Commission has granted $200,000 for design, permitting, and construction of a sediment removal structure for the Bluford Avenue drainage system. The proposed structure will improve the quality of the runoff drainage into Starke Lake. Passed on Consent. Motion carried 4-0, with Commissioner Howell absent Page 2 of 6 City Commission Regular Meeting November 2, 2004 7.Consideration of Work Order No. 26 with Professional Engineering Consultants (PEC) for $45,584 to Design and Permit a Sediment Removal Structure for the Bluford Avenue Drainage System. (Public Works Director Zaitooni) PEC prepared the original preliminary design and assisted City staff with the preparation of the application for the $200,000 grant with the Florida Fish and Wildlife Conservation Commission. Upon request by staff, PEC has submitted Work Order No. 26 for $45,584 for the final design and permitting of the project. Approval of Work Order No. 26 is contingent of City Commission’s approval of the Agreement with the Florida Fish and Wildlife Conservation Commission for $200,000. Passed on Consent. Motion carried 4-0, with Commissioner Howell absent 8.Consideration of Declaration of Surplus Property. (Purchasing Agent Tolbert). This item was removed from the Consent Agenda and heard after Item #12 Staff requests the City Commission to declare the listed unusable items as surplus property to be disposed of in the methods as proposed by Staff: Ebay, George Gideon Auctioneers, and donated to various non- profit organizations. Commissioner Anderson pulled this item because he wanted to discuss alternatives. He felt (1) the computer equipment should be given to the Firefighter Local and Computer Businesses who repair them and donate them to needy children in our area for Christmas gifts, (2) the cell phones should be given to members of the Ocoee Senior Club for emergency phone call usage (via Frances Watts), and (3) vehicles and heavy equipment should be placed on E-bay before being turned over to Gideon Auctioneers. Mayor Vandergrift, seconded by Commissioner Johnson, moved to declare the surplus property and dispose of them per staff recommendations with changes suggested by Commissioner Anderson, and to designate Commissioner Anderson as the Commission Appointee to oversee the process. Vote was not taken at this time due to subsequent discussion and amendment. Chief Firstner said the Tri-County Fire Department in the past has been allowed to select fire equipment that can be used before it goes to surplus, and this year they asked for the military surplus two-wheel trailer. Commissioner Parker, seconded by Commissioner Johnson, moved to amend the motion, to allow for the computer items already earmarked for donation to schools, with the exception of the computers wanted by the Firefighter Locals, remain donated and not be auctioned or sold on E-bay, and the trailer remain donated to the Tri-County Fire Department. Motion carried 4-0, with Commissioner Howell absent. Mayor VandergriftPurchasing Agent Tolbert asked for a list of what is going on E- bay. Vote on original motion, as amended, carried 4-0, with Commissioner Howell absent. Page 3 of 6 City Commission Regular Meeting November 2, 2004 9.Consideration of Traffic Enforcement Agreement with City of Ocoee and Windsor Landing Homeowners’ Association. (Police Chief Goclon) A traffic enforcement agreement is required by Florida State Statutes 316.006(2) for the Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivisions. Windsor Landing Homeowners’ Association is requesting such an agreement. Passed on Consent. Motion carried 4-0, with Commissioner Howell absent 10.Consideration of Traffic Enforcement Agreement with City of Ocoee and the Wesmere Maintenance Association, Inc. (Police Chief Goclon) The current Wesmere Maintenance Association, Inc. traffic enforcement agreement has no automatic renewal provision. The Association and the Ocoee Police Department wish to amend the agreement to include an automatic renewal provision for efficiency purposes. Passed on Consent. Motion carried 4-0, with Commissioner Howell absent 11.Consideration of Traffic Enforcement Agreement with City of Ocoee and Cross Creek Homeowners’ Association. (Police Chief Goclon) The current Cross Creek Homeowners’ Association, Inc. traffic enforcement agreement has no automatic renewal provision. The Association and the Ocoee Police Department wish to amend the agreement to include an automatic renewal provision for efficiency purposes. Passed on Consent. Motion carried 4-0, with Commissioner Howell absent 12.Consideration of Fire Department Reorganization. (Human Resources Director Diedrich) The Fire Chief is implementing reorganization in the Administrative Division that will delete the position of Support Services Chief and add those duties and additional duties to the position of Assistant Chief. With the addition of duties the incumbent in the Assistant Fire Chief’s position should receive additional compensation. The job title and job description also need to be revised. Passed on Consent. Motion carried 4-0, with Commissioner Howell absent F.PUBLIC HEARINGS ORDINANCESFIRST READING 13.Ordinance 2004-23 – Land Development Code Amendment – Colonial Drive/SR 50 Access Management Plan. (Planning Manager Armstrong) Amendment to the Land Development Code changing Figure 3 of the “Access Management and Intersection Operations Study” for SR 50 to move the full access intersection on State Road 50 from Consumer Court to Economic Court, and to provide a directional left turn access into the Towne Square Shopping Center. City Attorney Rosenthal read the title of the Ordinance. Community Development DirectorWagner presented the findings of the Planning and Zoning Board and staff recommendations. Mayor Pro Tem Anderson opened the Public Hearing. There being no one wishing to Mayor Pro Tem Anderson speak, the Public Hearing was closed. advised the second reading would be November 16, 2004. Page 4 of 6 City Commission Regular Meeting November 2, 2004 G.REGULAR AGENDA 14.Request for Approval Final Subdivision Plan - McCormick Woods. (Senior Planner Fabre) Senior Planner Fabre gave a presentation and advised that staff conferred with the Planning and Zoning Board’s recommendations. Stuart Kramer , KKH Developers, requested 1) placing six-foot sidewalks down McCormick, 2) delaying the completion of the Community Room until the issuance of th the 50 Certificate of Occupancy, and 3), a combination of cabana, bathrooms, and 320 sq ft. covered porch similar to the existing one at Wentworth. Being substituted for the 1000 sq. ft. Community Meeting Room Lengthy discussion ensued. Commissioner Vandergrift, seconded by Commissioner Parker, moved to approve the Final Subdivision Plan for McCormick Woods, subject to condition of 5 foot sidewalks on both sides of the main roads, and allowing th waivers for deferring the construction of amenities until the 50 C.O. is issued, and a pool that conforms to state standards with a 1000 square foot cabana/gazebo, not including the bathrooms. Motion carried 3-1, with Commissioner Anderson opposed and Commissioner Howell absent. 15.Request for Waiver for Maguire Point Brick Wall. (Community Development Director Wagner) Community Development Director Wagner gave a presentation and advised that staff recommendation is to approve the requested waiver for the brick wall and include a 25’ landscape buffer. Arthur Nix, Engineer and Michael Etchison, Developer/Owner presented their case. Community Development Director Wagner advised that a 20-foot landscape buffer could be accomplished and still allow for two-way traffic by reducing the 24’ lane to 22’ and possibly reducing size of sidewalk on the north side of the building. Commissioner Johnson, seconded by Commissioner Parker, moved to approve the request for a waiver for the McGuire Point brick wall with conditions that a 20’ landscape buffer be placed along the north property line. Motion carried 4-0, with Commissioner Howell absent. H.STAFF REPORTS City Manager Frank asked the Commission to consider amending Ordinance 2004-024 to extend the no wake zone through November 30, 2004. Mayor Vandergrift declared this an emergency situation. Mayor Vandergrift, seconded by Commissioner Parker, moved to amend Ordinance 2004-024 to extend the no wake zone through November 30, 2004. Motion carried 4-0, with Commissioner Howell absent. City Attorney Rosenthal read the title of the ordinance. Page 5 of 6 City Commission Regular Meeting November 2, 2004 City Manager Frank asked for a consensus of the Commission to direct staff to move forward with negotiations for the purchase of a piece of property that would assist with storm water mitigation. Consensus was given without objection. Mr. Frank said a copy of a contract would be brought to a future meeting, with the purchase being contingent upon Commission approval. I.COMMENTS FROM COMMISSIONERS Commissioner Anderson – asked where the money comes from when the Mayor attends the Mayor’s luncheons. Commissioner Parker said the stipend was set to give them money for these types of luncheons, she feels they should get a corporate table for some of these events. Commissioner Johnson suggested the City look into increasing the stipend, which has not been done in two years. The consensus was to ask the City Attorney to check into increasing the stipend and place an item on a future agenda. Commissioner Johnson – asked for and received the consensus of the Commission to increase spending (and matching grant funds) from $5,000.00 to $10,000.00 to improve the sidewalk in front of DJ Auto Sales using concrete with brick bands instead of asphalt, 2) asked for staff to look into cost of extending brick (possibly using bricks donated from downtown) instead of asphalt in front of the church. Commissioner Parker - asked for motion on Remington Oaks Block Party Commissioner Parker, seconded by Commissioner Anderson, moved to approve the street closure for the Remington Oaks Block Party. Motion carried 4-0, with Commissioner Howell absent. Mayor Vandergrift- 1) needs help this Saturday getting debris out of an elderly woman’s yard; 2) st received consensus to extend debris removal for hurricane debris to November 21and Fall Cleanup Commissioner should remain as advertised on the weekends of November 13th and 20, 2004. Anderson added that he is still getting complaints about garbage carts and recycle bins being mishandled; 3) said he would like to extend the Road Adoption Program to include having Homeowner’s Associations able to adopt street medians for cleanup and maintenance; 4) said the OCPS rezoning meeting for Hunter’s Creek Middle School will be on November 3,2004; 5) distributed a letter regarding the OCBS staff’s handling of the rezoning and asked Commissioners to read it and tell him if they are in agreement; 6) asked staff to look into a letter from Chess Landscaping to determine what they are asking for, 7) said he checked our website and could not find Option A, Option F, and the Staff’s Option (now on West Orange High’s web site), and the Ocoee Plan on our web site, it should be linked from the front page. ADJOURNMENT The meeting adjourned at 9:20 p.m. APPROVED: Attest: City of Ocoee ____________________________ _________________________ Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 6 of 6