HomeMy WebLinkAbout06-07-05 Minutes
MINUTES
OCOEE CITY COMMISSION
June 7, 2005 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 Parker gave the Invocation and Commissioner
Anderson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Mayor Vandergrift, Commissioner Anderson, and Commissioner Parker.
Absent: Commissioner Howell, Commissioner Johnson
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Proclamation - Code Enforcement Officers' Appreciation Week - June 6th - 10th. (Mayor
Vandergrift)
Presentation - Results of the Annual Audit for FY Ending September 30, 2004 - Elden
McDirmit, C.P.A. (Finance Director Horton)
Finance Director Horton introduced Elden McDirmit, C.P.A., who gave a summary of the
annual audit. Mr. McDirmit said the deficit that have been accumulating over the last three
years in the utilities funds (water, sewer) are now operating with a positive surplus, with an
increase of operating revenues this year of approximately $2, 000,000.00. He said Assets are
about $218,000,000.00, which represents an increase of approximately $14,000,000.00 from
last year; Total Liabilities only increased about 8.5 million dollars last year; our equity
increased over $5,000,000.00 this year.
Mayor Vandergrift said we need to correct errors on pages v.i.i.i. and i.x. regarding
staffing. The graph needs to be changed moving the City Attorney and Boards under the
City Commission, and Department Directors should be listed with their departments.
I C. COMMENTS FROM CITIZENS/PUBLIC
R. J. Monacky, 1820 Prairie Lake Blvd., asked about the street sign that was posted in Forest
Oaks regarding road improvements, to which Public Works Director Zaitooni said they will
be repairing the roadway on Log Run Ct. where cuts were made in the asphalt during previous
drainage improvements. He asked about how the City determines what roads are in need of
repair, because he feels that Prairie Lake Boulevard is one of them, to which Public Works
Director Zaitooni explained there are 10 components used to evaluate roads and they will be
given a ranking to establish priority. They will look at Prairie Lake Blvd. and bring back a
response.
City Commission Regular Meeting
June 7, 2005
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commission Parker- 1) Presented a flyer from the Ocoee Professional Firefighters Union
#3623, regarding their annual golf tournament on June 24, 2005, and said she would like the City
to consider being a presenting sponsor.
Commissioner Parker, seconded bv Commissioner Anderson moved to approve
the City purchase a "PresentinQ Sponsorship," in the amount of $750.00 from the
Commission ContinQencv Fund, and find Qolfers to fill the two foursomes with
staff members or residents. Motion carried 3-0 with Commissioner Howell and
Commissioner Johnson absent.
and 2) said she would also like to consider a sponsorship for the National Night Out, the first
Tuesday in August, and to give funding to the Police Department CACOPD, to purchase Angel
Alert systems, which is a personal alarm for children or elderly that beeps when the person gets
too far away. She will bring that back in the future.
Mayor Vandergrift announced 1) the Tri-county Annual Legislative Event on July 13, 2005,
and asked the City Clerk to send copies, 2) the Ocoee High School 2005 Reunion on Sat. June
11, 2005, and 3) that the City of Belle Isle sent a letter thanking the City for issuing a
proclamation for Neurofibermatosis Awareness.
I E. CONSENT AGENDA
Commissioner Anderson raised questions regarding Items #5 and #9, and then the consent
agenda was voted on as a whole.
1. Approval and Acceptance of Visioning Workshop Minutes of May 11,.2005, and the
Regular City Commission. Min.utes of May 17,2005. (City Clerk Eikenberry)
2. Appointment of Damita Andreaus to the Education Commission. (City Clerk
Eikenberry)
Members of the Education Commission serve two-year terms. Currently the Education Commission has ten
(10) members and their Resolution allows no less than seven (7) members and no more than fifteen (15)
members.
3. Appointment of John Grogan to the Parks and RecreationAdvisory Boa.rd. (City Clerk
Eikenberry)
The Parks and Recreation Advisory Board is a thirteen member board and currently has one (l) vacant seat.
Board members must be residents of the City. The board is advisory to City Commission, City Manager, and
Parks and Recreation Director. Appointments to the Board will be for a term of two (2) years.
4. Quarterly Financial Report - Second Quarter Fiscal Year 2004-2005. (Finance Director
Horton)
Revenues are being collected as anticipated for all funds. Expenditures are being closely monitored and are
within expected ranges. Staff continues to look for new ways to increase revenues and/or reduce expenditures
without compromising the levels of service to the community.
5. Consideration of State Highway Lighting Agreement Work Order. (Public Works
Director Zaitooni)
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City Commission Regular Meeting
June 7, 2005
This work order is for fiscal year 05/06 under the general State Highway Lighting, Maintenance, and
Compensation Agreement executed in September of 2002 between the Florida Department of Transportation
and the City of Ocoee for maintenance of streetlights on State highway system. The work order amount is for
$17,554.76, which reflects a 3% increase over the previous fiscal year.
6. Consideration of Funding. for 7th Avenue Construction Project. (Public Works Director
Zaitooni)
The design of 7tl1 A venue proj ect is complete and the necessary permits have been obtained. In order to proceed
to advertisement for construction, adequate funds must be allocated for the project. The design fees and the
estimated construction costs are $430,000. The current year budget contains a total of $280,000 ($160,000
developer contribution + $120,000 prior City Commission authorization + $20,000 County Contribution) for the
project. Therefore, staff is requesting authorization for an additional $150,000 from the Road Impact Fee Funds
to enable staff to advertise for Bid.
7. Consideration to Piggyback Orange County's Fuel Contracts for Purchase of Fuel.
(Public Works Director Zaito()lli)
City of Ocoee piggybacks Orange County's contracts for purchase of gasoline and diesel fuel. Orange County
has recently re-bid their contract and has awarded new contracts to Petroleum Traders Corporation (Term
Contract # Y5-174A) for large loads and to Motiva Enterprises (Term Contract # Y5-174B) for small loads. In
order to utilize the new contracts, it is necessary for the City Commission to consider and approve the
piggyback of the new Orange County Term Contracts # Y5-174A and Y5-174B.
8. Consideration for Log Wagon Undel'drain Project. (Public Works Director Zaitooni)
The Log Wagon Underdrain Project is scheduled for the current fiscal year at a budgeted amount of $20,000.
The lowest written quotation received from qualified contractors is at $21,480 from Covenant Builders, Inc. In
order to award to the lowest bid contractor, it is necessary to transfer an additional $2,000 from the Stormwater
Operating Contingency Funds to supplement the budget for the project.
9. Consideration of Bio-Key International Service Agreement. (Police Chief Goclon)
The City of Ocoee maintains a service and maintenance agreement with Bio-Key International for support and
maintenance service of Patrol Packet Cluster software for State recordslNCIC wireless interface with our
system of laptop computers. The proposed agreement takes effect for one year upon the date of signing. Bio-
Key International is formerly known as Cerulean and has provided the police department with this service since
the City initially purchased the system and software in 1998.
Consent Aaenda Vote:
Commissioner Parker, seconded bv Commissioner Anderson moved to approve
the Consent Aaenda Items 1 throuah 9. Motion carried 3-0 with Commissioner
Howell and Commissioner Johnson absent.
I F. PUBLIC HEARINGS - SECOND READINGS
10. McCormick Woods, Phase 3. (District 1 - Commissioner Howell). Advertised Sentinel Orange Extra,
Thursday, May 26,2005. (Principal Planner James)
a. Annexation Ordinance - An ordinance of the City of Ocoee, Florida, annexing into the corporate limits of the
City ofOcoee, Florida, certain real property containing approximately 9.866 acres located south of McCormick Road and
West of Ingram 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 Agreement; providing for
and authorizing the updating of official city maps; repealing conflicting ordinances; providing direction to the City Clerk;
providing for severability; providing for an effective date.
City Attorney Rosenthal read the title of the ordinance.
City Attorney Rosenthal advised that the City has retained special counsel for this case
because the owner of the property is a client of Foley & Lardner.
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City Commission Regular Meeting
June 7, 2005
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Parker. seconded by Commissioner Anderson moved to
adopt on second readina. Ordinance #2005-008. approvina the annexation of
McCormick Woods into the corporate limits of Ocoee. Motion carried 3-0
with Commissioner Howell and Commissioner Johnson absent.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2005-008
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE
LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 9.866 ACRES LOCATED SOUTH OF MCCORMICK ROAD AND WEST OF
INGRAM 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
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY
MAPS; REPEALING CONFLICTING ORDINANCES; PROVIDING DIRECTION TO THE CITY
CLERK; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE
b. Rezoning Ordinance - An Ordinance of the City of Ocoee, Florida, changing the zoning classification from
Orange County A-I "agriculture" to Ocoee R-I-A "Single Family Dwelling" for certain property containing
approximately 9.866 acres located south of McCormick Road on the west sideofIngram Road pursuant to the application
submitted by the property owner; providing for and authorizing the revision of the official city zoning map; repealing
conflicting ordinances; providing for severability; providing for an effective date.
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Anderson. seconded by Commissioner Parker moved to
adopt on second readina. Ordinance #2005-009. approvina the rezonina to R-
1-A "Sinale Family Dwellina" for the McCormick Woods property. Motion
carried 3-0 with Commissioner Howell and Commissioner Johnson absent.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2005-009
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A-I "AGRICULTURE" TO OCOEE R-I-A
"SINGLE FAMILY DWELLING" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY
9.866 ACRES LOCATED SOUTH OF MCCORMICK ROAD ON THE WEST SIDE OF INGRAM
ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING
MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DA TE.
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City Commission Regular Meeting
June 7, 2005
c. Small Scale Comprehensive Plan Amendment Ordinance - An Ordinance of the City of Ocoee,
Florida amending the OcoeeComprehensive Plan as adopted on September 18, 1991 by Ordinance No. 91-28, as
amended, as follows: amending The Future.LandUse Map from "Public FacilitieslInstitutional" to "Low Density
Residential," for certainreahpropertycontairting approximately 9.866 acres located south of McCormick Road on the
west side of Ingram Road pursuant to the application subtnittedby the property owner; providingfor and authorizing the
revision of the official Future Land Use Map; repealing conflicting ordinances; providing for severability; providing for
an effective date.
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Parker. seconded by Commissioner Anderson moved to
adopt on second readina. Ordinance #2005-010. approvina the Small Scale
Comprehensive Plan Amendment. amendina the Future Land Use Map to
Low Density Residential for the McCormick Woods property. per staff
recommendation. Motion carried 3-0 with Commissioner Howell and
Commissioner Johnson absent.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2005-010
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28,
AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP FROM "PUBLIC
FACILITIESIINSTITUTIONAL" TO "LOW DENSITY RESIDENTIAL," FOR CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 9.866 ACRES LOCATED SOUTH OF
MCCORMICK ROAD ON THE WEST SIDE OF INGRAM ROAD PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
d. 13th Joint Planning Area AlIlendment..(Not an Ordinance)
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Parker. seconded bv Commissioner Anderson, moved to
approve the 13th Joint Plannina Area Amendment with reaard to the
McCormick Woods property. and the required amendment to the JPA map.
Motion carried 3-0 with Commissioner Howell and Commissioner Johnson
absent.
I G. ORDINANCE FIRST READINGS
11. 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.
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City Commission Regular Meeting
June 7, 2005
City Attorney Rosenthal read the title of the ordinance.
Commissioner Anderson said he would like to include in the second reading of the
ordinance that the developer agrees to extend the privacy fence through Lot 57, and the
Developer, Johnathan Wyatt advised he had no problem with that. Commissioner
Anderson advised of other issues regarding home elevations that would be discussed further
at second reading.
I H. REGULAR AGENDA
12. Appointments to Planning and Zoning Commission. (City Clerk Eikenberry)
The three-year terms of Bradley Campbell (attended 21 out of21 meetings), Joel Keller (attended 17 out of20
meetings), Robert McKey (attended 19 out of20 meetings), and Milton West (attended 19 out of 19 meetings),
ends June 2005. They have indicated they are willing to serve another term, if reappointed.
Mayor VanderQrift, seconded by Commissioner Parker, moved to reappoint the
four incumbent members, Campbell, Keller, McKey, and West. to another
three-year term on the PlanninQ and ZoninQ Board. Motion carried 3-0 with
Commissioner Howell and Commissioner Johnson absent.
13. Consideration of April 2005 Community Merit Awards Grant Cycle.
(Multimedia/Community Events Manager Elliott)
The Community Merit Awards (CMA) Board met on Wednesday, May 18, 2005, to discuss the twenty
applications received during the April 2005 grant application cycle. This cycle was extremely difficult to
disperse as the city received a record breaking twenty applications. Of those twenty applicants, seven had never
applied for a CMA grant before. The CMA Board expressed that they would have liked to award the maximum
amount allowable of $500 to every organization that applied as they were all extremely worthy and deserving.
However, there was only $5000 allocated, budgeted funds remaining in the Community Merit Awards account
for dispersal.
Commissioner Parker asked why the American Legion Post 109 & Post 63 were not given
funding. Multimedia/Community Events Manager Elliott said the CMA Board had
twenty applicants, including seven new applicants, and only $5000.00 to allocate. The Board
removed organizations that received funding in the November cycle to allow funding awards
to be given to some of the new organizations.
Mayor VanderQrift, seconded by Commissioner Anderson moved to approve
the Community Merit Awards as recommended by staff. Motion carried 3-0
with Commissioner Howell and Commissioner Johnson absent.
14. Consideration of Extension of Highway Lighting on Maguire Road to South City Limit.
(Public Works Director Zaitooni)
City Commission requested staff to obtain a cost proposal from Progress Energy to extend the existing highway
lighting system on Maguire Road from the current terminus to the south City Limit. Progress Energy has
provided a cost proposal, which includes an initial design & construction cost of $47,082.85 and a monthly
rental fee of $625.14 for the additional lights. There are no funds remaining from the Maguire Road widening
project. Furthermore, Road Impact Fee Funds cannot be used for the installation of streetlights as a stand-alone
project, but could be used for that purpose as a part of a capacity improvement project.
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City Commission Regular Meeting
June 7, 2005
Commissioner Anderson said he previously asked about the possibility of using money
leftover from other projects, and has since found out that there is no money left over. He also
asked about using Impact Fee money, to which Public Works Director Zaitooni said Road
Impact Fees cannot be used as stand-alone noncapacity improvement projects.
Consensus of the Commission was to table this item until the second meeting in July, when
Public Works Director Zaitooni can bring back an Citywide look at the community lighting
needs, dealing with issues of pedestrian safety and highway safety. Public Works Director
Zaitooni said he would bring back a list of candidate locations at the July 19, 2005 meeting.
15. Discussion Re:Land Development Code Article 5,5..4 Open Space Requirement Items
G & H. (Commissioner Howell)
Consensus of the Commission, without objection, to postpone this discussion until
Commissioner Howell is present.
I I. ST AFF REPORTS - none
I J. COMMENTS FROM COMMISSIONERS
Commissioner Parker - 1) wants staff to look into the Land Development Code provision that
prohibits vehicles from parking in the grass swale in front of the house. She said she had been
told by staff that it is not enforceable. City Attorney Rosenthal said he has not advised any
staff member that any provision of the Code is not enforceable, Community Development
Director Wagner agreed that he would take a look at clarifying that portion of the Code and/or
making it enforceable 2) asked about the position of the Water Conservationist, and said she
would like the new position to include a pro-active approach to water conservation where the
employee would work one-on-one with high water users in the city, she was told that their was a
liability issue in doing this and does not feel that is correct. City Manager Frank said he is not
aware that would create a liability and the new position will be hired under Utilities Director
Smith, who will be made aware of that aspect of the position.
Commissioner Anderson - wished Commissioner Rusty Johnson well during his surgery
tomorrow.
Commissioner Vandergrift - 1) said they are having a problem with animal intrusion into the
new Ocoee High School, and wanted the City to authorize the hiring of trappers (up to $500) to
assist with the problem.
Mayor Vanderarift, seconded by Commissioner Parker moved to authorize the
City Manaaer to look into hirina trappers to assist with the wild animal intrusion
problem at the new hiah school. Motion carried 3-0 with Commissioner Howell
and Commissioner Johnson absent.
2) asked Public Works Director Zaitooni to bring back information on the locations of the Ocoee
High School Emblems, to which he advised he would bring locations and photos back at the next
meeting, and 3) reminded everyone one that this year is Ocoee's 80th Birthday 1925 - 2005,
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City Commission Regular Meeting
June 7, 2005
I ADJOURNMENT
The meeting adjourned at 8:31 p.m.
Attest:
APPROVED:
City of Ocoee
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