HomeMy WebLinkAbout06-21-05 Minutes
MINUTES
OCOEE CITY COMMISSION
June 21, 2005 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER I
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Commissioner Parker gave the Invocation and Commissioner Howell
led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a
quorum present.
Roll Call: Commissioner Howell, Mayor Vandergrift, Commissioner Anderson, and
Commissioner Parker.
Absent: Commissioner Johnson
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS I
Presentation - Neighborhood Juvenile Restorative Justice Program. (Police Chief Goclon)
Police Chief Goclon introduced Brian McGuinness of the Ninth Judicial Circuit Juvenile Justice
Program and thanked the State Attorneys Office, college interns, and volunteers Fernando
Martinez and John Grogan for helping to make this program such a success; Mr. McGuinness
spoke about the success of the Neighborhood Juvenile Restorative Justice Program in Ocoee.
Years of Service Awards. (Mayor Vandergrift)
. Nick Jones - 5 Years of Service
. Jason Gorberg - 5 Years of Service
. Brian Ross - 5 Years of Service
. Judy Henry -15 Years of Service
Presentation - Selecting a Site for the New Post Office, Ms. Jody Sloan of the United States
Post Office. Mayor Vandergrift introduced Postmaster Jacqueline Villimar and Customer
Service Supervisor Richard Brower. Facilities Requirement Specialist Marilyn Davis
discussed the process for replacing the Ocoee Post Office. The current Post Office is 7,000
square feet, and they need 14,000 square feet to operate efficiently. Ocoee was selected as one in
50 sites throughout the country for a new Post Office. They are in the preliminary stages of
planning and they are asking for public input. She distributed business cards of lody Sloan to
anyone interested in contacting the Post Office regarding this issue.
Presentation - Growth Management Bill, Louis Rotundo. Mr. Rotundo gave an update on
items of concern from the recent legislative session.
I C. COMMENTS FROM CITIZENS/PUBLIC - none
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commission Parker - 1) distributed advertising information from the West Orange High School
Football Program, and suggested the City purchase another full-page ad this year.
City Commission Regular Meeting
June 21, 2005
Mavor Vanderarift. seconded bv Commissioner Anderson. moved to approve the
City purchase a full-paae advertisement in the West Oranae Hiah School Football
Proaram. in the amount of $200.00. from the Commission continaencv fund.
Motion carried 4-0 with Commissioner Johnson absent.
Commissioner Parker. seconded bv Commissioner Anderson. moved to approve
the same type of advertisement in the new Ocoee Hiah School Football Proaram.
Motion carried 4-0 with Commissioner Johnson absent.
2) Said she received an email from residents of the Sawmill Subdivision asking for approval of a
street closure for their annual 4th of July Party. She advised that they submitted their application
one day late, and would like to approve this as an emergency item.
Commissioner Parker. seconded bv Commissioner Anderson. moved to approve
the Sawmill subdivision street closure on Millstream Blvd. for a 4th of Julv
neiahborhood party. Motion carried 4-0 with Commissioner Johnson absent.
Commissioner Anderson - 1) read a letter from Don Price, a resident asking the City to work
with Orange County to see if they can get them to collect yard waste at a transfer station closer to
the City, and said it would assist in getting more debris out of the City in the event of a
hurricane. Public Works Director Zaitooni said during the hurricanes, Orange County opened
many free sites and the City took debris at our own complex, and the closest landfill is at King
Road; it is not necessary to go to East Orange County. Mr. Zaitooni advised residents to look for
information in the news and on the internet during those times and alternate sites will be posted.
Commissioner Anderson asked that we place information in the next water bill to advise
residents, 2) asked about the condition of the Crepe Myrtles on Montgomery, to which Public
Works Director Zaitooni advised they are looking into it, 3) advised the wall at Lake Olympic on
Montgomery Road is in disrepair and we need to have staff look into what can be done, and 4)
asked staff to check into a large depression at Keaton Parkway and Lancer to ensure there is no
issue with stormwater pipes
Commissioner Howell - asked if we could notify the residents of Twin Lake Woods that the
modification of the drainage pond has been completed and the retention pond is now the
responsibility of their development.
Mayor Vandergrift - 1) read a letter from Frances Watts asking if we have a new Parks and
Recreation Director. City Manager Frank responded that we are in the final stages of hiring,
but it is too soon to make an announcement, 2) asked about the timeline for reopening the
Community Center, to which Public Works Director Zaitooni said it should be open in mid-
July, once the air conditioner is replaced. He also said Ms. Watts stated they have been treated
very well at the Beech Center while the community center is being renovated, 3) asked Fire
Marshall Stanley to talk about the new program being developed. Mr. Stanley gave an update
on the "Fully Involved" program, where people in need who have a life safety issue can contact
them to do things (build wheelchair ramps, repair windows that don't open, etc.). This program
is fully funded by donations from local businesses, and 4) announced the new "Point and Pay"
system to pay utility bills.
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City Commission Regular Meeting
June 21, 2005
I E. CONSENT AGENDA
L Approval and Acceptance of.the Regular City Commissi6.n Minutes of. June 7, 2005.
(City Clerk Eikenberry)
2. Appointments to the EducationCommissiol1.. (City Clerk.Eikenberry)
Members of the Education Commission serve two-year terms. Currently the Education Commission has eleven (11)
members and their Resolution allows no less than seven (7) members and no more than fifteen (15) members.
3. Consideration of Additional Funds for New City Fuel Station. (Public Works Director
Zaitooni)
The new fuel station at 301 Maguire Road was funded in the current fiscal year at $75,000 contingent upon and from
the proceeds from the sale of the property at 370 Enterprise Street. All funds budgeted for the fuel station have been
expended, however, an additional $3,000 is needed to provide temporary power service to the station until such time
that Progress Energy can provide the permanent service for the entire complex. Funds will be used to purchase
electrical supplies to be installed by in-house personnel. The funds are available from General Funds Capital
Outlay, Account 001-516-6302, line items for the construction of Public Works building contingent upon sale of
City property at 370 Enterprise Street.
4. Consideration of Security Fel1.cing fOI" the Colony Plaza. (PublicW orks Director
Zaitooni)
Pursuant to the recent vandalism and arson at the Colony Plaza, the City petitioned the Circuit Court for
authorization to secure the property from further vandalism incidents. Under the direction of the City Manager,
Public Works ordered 800'of fencing material, fence posts, concrete, gates, and locks to be installed by the Public
Works crews. The total cost of the material is $2,800 to be funded from the General Fund Contingency. The current
balance in the General Fund Contingency is $170,229. Court documents authorize the City to seek reimbursement
for all costs incurred.
5. Consideration of Adjustments for Bid #BOS-08, Term Contract for Concrete
Construction. (Ptiblic Works Director Zaitooni)
On April 19, 2005, the City Commission awarded Bid #B05-08, Term Contract for Concrete Construction to Gibbs
& Register, Inc. and A & M SI Construction Company, Inc. Subsequent to that award, A & M SI Construction
Company, Inc. requested withdrawal of their bid citing inability to purchase insurance to meet City's requirements.
After further review of the bid proposals received by the City, staff is recommending approval of the request by A &
M SI Construction Company, Inc. to withdraw and to award contract to Tony's Construction Company, Inc., a local
firm with an office in Ocoee. This action will effectively resolve a bid protest by Tony's Construction Company,
Inc. Work under this contract is on an as-needed basis from the current approved list of projects. Total projected
expenditure is estimated at $100,000 per year. No additional funding is requested.
6. Consideration of Transfers within Stormwater Operating Fund Accounts. (Public
Works Director Zaitooni)
In order to balance the funds and to pay for the incurred or expected expenditures, it is necessary to make transfers
between the various accounts within the existing Stormwater Operating budgets as follows:
1. Authorize expenditure of $2,800 from Stormwater Operating R & R to pay for Storm Sewer investigation by
Altair Environmental at 1603 Ison Lane.
2. Transfer $20,000 from Stormwater Operating Fund Contingency (Line 4900) to Engineering Expenses (Line
3120) to pay engineering expenses related to NPDES and miscellaneous other expenditures.
Uncommitted Stormwater Operating R & R funds are currently at $160,000. The remaining balance in Stormwater
Operating Contingency Funds is $63,975.
7. ConsideratiOllto Rename the Ocoee Founder's Day 5K Walk andRul1.toLouis.Fazio,
Jr., City of Ocoee,Founder's Day 5K Walk and Run. (Multimedia/Community Events
Manager Elliott)
After board discussion, the Founder's Day Advisory Board is recommending that this year's Founder's Day 5K
Walk and Run be named the Louis Fazio Jr., City ofOcoee, Founder's Day 5K Walk and Run in honor oflong time
community volunteer Louis Fazio, Jr. Mr. Fazio, Jr. participates in the walk every year on behalf of the Health
Central Foundation in order to raise funds for the School Nurse Program.
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City Commission Regular Meeting
June 21, 2005
8. Consideration of Charge Order #3 with Master Site Development, Inc. for the Ocoee
Crown PointPUD Phas.e I Infrastructure Project. (City Engineer Wheeler).
The project, as bid, did not include an electrical service drop to provide power to the irrigation system and the
fountain, irrigation on the high school side ofOcoee Crown Point Parkway, nor maintenance of the landscaping until
the project is accepted by the City. These items are necessary to provide a complete project that meets the
expectations of the City. Details of the proposed changes are included in the attached copy of the Change Order No.
3. The amount of the change order is an increase of $78,063, with an increase in contract time of 14 days.
9. Consideration of Charge Order #4 with Prime Construction Group, Inc. for the
Reclaimed Water Booster Pumping Facility Project. (City Engineer Wheeler)
The original project was bid with monitoring instrumentation from the Reuse Pumping Station to the Wastewater
Treatment Plant. Upon discussion to move towards an instrumentation system that monitors and operates, upgrades
to the original instrumentation were required. Additionally, it was determined that a second computer station was
needed at the wastewater treatment plant to separate the plant operations from the pump station operations. By
having two computer stations (each loaded with the same software and ability to operate the others system), it would
allow for redundancy should one of the systems go down. The change order amount to include these items is an
increase in contract amount of $37,849.21 with an increase of thirty calendar days.
10. Consideration of The City ofOcoee's Participation in theM.aster Stormwater Plan
Pursuant to the Wekiva Parkway and.Protection.Act. (City Engineer..Wheeler)
As a part of the development of a Master Stormwater Management Plan Pursuant to the Wekiva Parkway and
Protection Act, the SJRWMD proposed a joint venture with all government entities to meet the requirements of the
Act. The other alternative would be for each government entity to prepare it's own Storm water Management Plan.
The estimated cost for the Master Stormwater Plan is estimated at $223,000, with Ocoee's share projected at $6,500.
Each government entity located totally or partially within the Wekiva Parkway and Protection Act boundary is
sharing the cost.
11. Consideration of Purchase of a Document Management System to Serve the Public,
City Clerk Department, BllildingDepartment, and Planning Department. (Information
Systems Dire.ctor Ross)
A document management system allows the City to store all its documents electronically in an easy to find and fully
searchable computer database. It can also be configured to allow the public 24-hour access to public documents -
increasing the city's e-government offerings and reducing manual intensive citizen requests of staff. The current
CIP shows the implementation of a document management system over the next four years. General Code, MCCi,
and R&S Integrated provided quotes for a LaserFiche based document management system. The proposal by R&S
Integrated represents the lowest cost proposal that best meets the City's goals, strategic plans, and policies.
Consent Agenda Vote:
Commissioner Anderson. seconded by Commissioner Parker. moved to approve
Items #1 throuQh #11 of the Consent AQenda as presented. Motion carried 4-0
with Commissioner Johnson absent.
I F. PUBLIC HEARINGS - SECOND READINGS
12. Ordinance for Amendment to the Ocoee Commons PUD and Ashton Park Final
Subdivision..Plan. (Senior Planner Fabre )
The Applicant is requesting amendments to certain Conditions of Approval for the existing Ocoee Commons PUD
and Ashton Park Final Subdivision Plan. The amendments are comprised of changes to certain residential lots (rear
building setback, maximum impervious area, and maximum building coverage) in the Ashton Park subdivision. In
addition, a redefinition of the conservation tract for the Ocoee Commons PUD will also be incorporated in order to
ensure a City dedicated "nature trail" system will be incorporated in the future.
City Attorney Rosenthal read the title of the ordinance.
Senior Planner Fabre gave a presentation on the project.
Page 4 0[9
City Commission Regular Meeting
June 21, 2005
Commissioner Anderson asked Community Development Director Wagner what would be
done to ensure residents know that townhomes will built up in that development, to which Mr.
Wagner said that area was zoned R-3 a long time ago and no notification is required and
Commissioner Parker said the ordinance states that there must be a posting in a prominent
place of the sales office stating that specific zoning information of surrounding area is available
at City Hall.
Builder/Developer Jonathan White of Morrison Homes advised they are asking for the waiver
of the setbacks, at this time homes will be built at 1563 -2823 square feet without the waiver,
and with the waiver 2176 - 3000+ square feet, and they will be able to offer more options such
as three car garages. Mr. White said they are extending the fences as previously requested by
Commission Anderson over to lot #48.
Mayor Vandergrift opened the Public Hearing.
Fred Wilson, President of Hammocks HOA- asked about setbacks on the property, the fence
height, and how the City can ensure it will be restricted to one story buildings, to which the
Commission advised they do not have the authority to restrict residents from adding on in the
future (in any residential area in the City). The developer said it will probably be specked out in
advance and will mostly be one-story homes with bonus rooms, but if an owner requests a two-
story home they will not deny them the right to have that.
R.K. Monacky - 1820 Prairie Lake Blvd., asked about impervious areas.
Louis Fazio said he is in favor of this ordinance and plans to purchase a home there in the future.
Mike and Donnie Smith said they are in favor of building strong communities and helping kids;
said he would like to see improvements made to General Montgomery Park.
Mayor Pro Tern Anderson closed the Public Hearing.
Commissioner Howell. seconded by Commissioner Parker. moved to adopt on
second readina. the Ordinance 2005-011 amendina the Ocoee Commons PUD and
Ashton Park Final Subdivision Plan. Motion carried 3-0 with Commissioner
Johnson absent. and Mayor Vanderarift away from the dais.
Consensus of the Commission. without obiection. was to have staff look into
concerns raised by residents reaardina General Montaomerv Park. and find out
what it would take to turn it into a park and include it in the budaet as part of the
Capital Improvement Plan.
[ G. REGULAR AGENDA
13. BP Amoco/TwisteeTreat. (Plauning Manager Armstrong)
Redevelopment of the northwest area of Village Marketplace Shopping Center involves the removal of the old BP-
Amoco gas station, development of a new enlarged gas station and quick food mart facility, along with the
construction of an identical appearance Twistee Treat building 240 feet to the southwest, facing Maguire Road at the
parking lot area behind BP. When finished, the old Twistee Treat building facing State Road 50 will be removed.
In order to proceed with the current site plan, the developer has requested a number of waivers (14 total) from City
Code requirements, giving various reasons for the requests.
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City Commission Regular Meeting
June 21, 2005
a. BP Amoco Site Plan Waivers
b. Twistee Treat Site Plan Waivers
Commissioner Anderson. seconded by Commissioner Parker, moved to approve
the Waivers for BP Amoco and Twistee Treat (Items 13A and 13B). per staff
recommendations. Motion carried 4-0 with Commissioner Johnson absent.
14. Village Marketplace Shopping Center Development Agreement. (City Attorney
Rosenthal)
In connection with the processing of the Plat for Village Market Place and the small-scale site plans for the BP
Retail Facility and relocated Twistee Treat, a Development Agreement has been negotiated with the developer and
owners of the affected properties. The primary purpose of the Development Agreement is to address the
conveyance of right-of-way for a northbound right turn lane on Maguire Road and the design and construction
thereof. Partial road impact fee credits are proposed in connection with the construction of the right turn lane. The
attached Development Agreement is in Draft form. The final version of the agreement will be distributed at the City
Commission meeting.
City Attorney Rosenthal introduced the item and explained the two changes that were made to
the latest version of the developer agreement, 1) Section 4 addressing the construction of a
northbound right turn lane on Maguire Road and provides for $150,000.00 in road impact fee
credits. The provision that the Developer for BP will still provide the right of way at no cost to
the City is still in place. This agreement should be held in an abeyance package for 60 days
because of the complexity of the real estate transactions that will need to occur, 2) The
demolition of the gas station is not iron clad because of the existing contracts, but they are
working on having that demolished with their contract purchaser.
Commissioner Anderson. seconded by Commissioner Parker. moved to approve
the development aareement for the Villaae Marketplace Shoppina Center. subiect
to the six conditions set forth in the staff report. Motion carried 3-0 with
Commissioner Johnson absent. and Commissioner Howell away from the dais.
IS. Plat of Village Marketplace. (Staff Engineer Nasser)
This plat is for the Village Market Place, which is the shopping center located at the southeast corner
of SR 50 and Maguire Road. The shopping center is owned by Village Marketplace Investors, Ltd. The existing
closed gas station is under separate ownership and is not currently part of the shopping center. In conjunction with
the plat, the gas station is being expanded and incorporated into the shopping center as a separate lot. Separately,
small-scale site plans are being processed for a new BP Amoco gas station with a convenience store and for the
relocation of the Twistee Treat to the Maguire Road side of the shopping center.
City Engineer Wheeler explained staffs recommendations.
Commissioner Howell. seconded by Commissioner Parker. moved to approve the
Plat for the Villaae Marketplace Shoppina Center, as recommended by staff.
Motion carried 4-0 with Commissioner Johnson absent.
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City Commission Regular Meeting
June 21, 2005
16. PowerP()int Presentation and Discussion Re: Installation. of Preserved Monuments
from Old Ocoee High School to the New Ocoee High School. (Public Works Director
Zaitooni)
Consensus of the Commission, without obiection, was to keep all sections of the
salvaQed monuments tOQether in one location on the left side off the main
entrance, place a plaque on the monument explaininQ what it is, and add a park
bench, if possible, so it can be seen by drivers as well as students on foot.
Public Works Director Zaitooni will bring back options and photographs at a later date, and
will try to have the monument in place for the opening of the school in the fall.
17. Appointments to the Code Enforcement Board. (City Clerk Eikenberry)
The three-year terms of Randy Chancey, Robert Godek, John Konicek, Denise Lenko, and Robert Donenfeld ends
June 2005. They have indicated they are willing to serve another term, if reappointed. Applicants, James Morton
and Steven Ballard, both from District 2 have indicated interest in serving on the Code Enforcement Board.
Commission Anderson said he is concerned about the attendance of some of the members of the
Board, particularly Lenko and Konicek. The attendance records show Konicek missed 12 of 37
meetings, and Lenko missed 10 of 37 meetings and was tardy 17 times. He said he would like to
reappoint all members except Lenko and Konicek and have a discussion regarding what to do
about poor attendance. Commission Parker said she does not like to turn down residents who
offer to do volunteer work for the City, but she would be in favor of making Lenko and Konicek
alternate members and moving the alternate members to permanent positions. She said that way
they could rotate back into regular positions at a later date if their schedules become lighter.
Commissioner Anderson, seconded by Commissioner Howell, moved to
reappoint Chancey, Godek, and Donenfeld to another three-year term, and to
discuss the reappointment of Lenko and Konicek due to excessive absences.
Motion carried 4-0 with Commissioner Johnson absent.
Commissioner Anderson, seconded by Commissioner Parker, moved to place
Board members Lenko and Konicek in alternate positions due to excessive
absences, and to move the two alternates, Stanlev and Hopper, into reQular
positions. Motion carried 3-1, with Mayor VanderQrift opposed and
Commissioner Johnson absent.
I H. STAFF REPORTS
City Manager Frank said that the issue of placing an awning in front of City Hall and
soundproofing the lobby has been raised and asked the Commission for approval of expenditures
from the contingency fund if they would like to have that done. Public Works Director
Zaitooni said the issue of the awning was brought up approximately one year ago and the
Commission wanted to consider a different type of structure than what was presented at that
time. He also said they are looking at alternative types of tiles that will quiet the noise in the
lobby and he will bring back options. He added that the soundproofing and tiling of the lobby
area was included in next years budget plan.
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City Commission Regular Meeting
June 21, 2005
I I. COMMENTS FROM COMMISSIONERS
Commissioner Parker - I) asked about when the Open Space item tabled at the last meeting
was going to come back before the Commission. Commissioner Howell advised that was his
item and he is still trying to get a response back from the resident regarding a document they said
they had from the City before pursuing it further.
Mayor Vandergrift - I) said he would like to re-evaluate how the Board of Adjustment
functions and the costs associated with applying for a variance. Commissioner Parker said she
would like to see how other communities deal with variances before any changes are made.
Consensus of the Commission. without obiection. was to review the Code of
Ordinances with reaard to variances and the Board of Adiustment and brina it
back at the Auaust 2, 2005. City Commission Meetina.
City Attorney Rosenthal added that the purpose of the Board of Adjustment is to grant
variances based on some kind of hardship that is not created by the property owner and has
maintained a hard line on proof of hardship. He felt the more practical solution might be to
create Code changes on items where there is a frequent occurrence of variance requests.
Commissioner Anderson - 1) asked that Staff discuss the key points from the recent legislative
session with Louis Rotundo, to get a better grasp on what concerns our City. City Manager
Frank said Mr. Rotundo noted Legislative changes and the City should be concerned about
some of those changes. 2) confirmed that the next Visioning Workshop would be held July 28 at
6:30 p.m. in the Commission Chambers.
Attorney Rosenthal said Foley & Lardner LLP would distribute a more simplistic overview of
the new legislation and he will distribute the Legislative Summary to the Commission. He thinks
it would be premature to have a Work Shop regarding the changes at this point. City Manager
Frank said we may be able to include a discussion in the next Visioning Workshop.
Commissioner Howell- 1) said he returns all telephone calls that he receives and ifhe does not
return a call, please call again. 2) asked the status of the gates at Forest Brooke. City Manager
Frank said a letter was sent and there has been no response.
Mayor Vandergrift - 1) said the City is sponsoring an Open House at Ocoee High School on
July 23 (Faculty and Invitation Only) and July 30th for the public. He asked that the City commit
$5,000 in support of the two Open Houses, and allow them to keep leftover funds and allocate
them where they are most needed.
Mayor Vanderarift. seconded by Commissioner Anderson. moved to approve
$5.000 from Commission Continaency for the two Ocoee Hiah School Open
House events. Motion carried 4-0 with Commissioner Johnson absent.
Page 8 of9
City Commission Regular Meeting
June 21, 2005
I ADJOURNMENT
The meeting adjourned at 11 :04 p.m.
Attest:
APPROVED:
City of Ocoee
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Beth Eikenberry, City Clerk
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S. Scott Vandergrift, Mayor
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