HomeMy WebLinkAbout05-03-05 Minutes
OCOEE CITY COMMISSION
May 3,2005 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 Anderson led the Invocation and Principal Mike
Armbruster led the Pledge of Allegiance to the Flag. Acting City Clerk Brasher called roll
and declared a quorum present.
Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Johnson, and
Commissioner Parker. Commissioner Howell was absent.
Also Present: City Manager Frank, City Attorney Rosenthal, and Acting City Clerk Brasher.
I B. PRESENTATIONS AND PROCLAMATIONS
Promotion of Firefighter Carl Curtis to Rank of Engineer. (Fire Chief Firstner)
Introduction of Three New Firefighters - Ronald Howard, Colin McCormick, and Timothy
Setter. (Fire Chief Firstner)
Presentation - Ocoee High School - Principal Mike Armbruster. (Mayor Vandergrift)
Principal Armbruster unveiled the Ocoee High School mascot.
Proclamation - Building Safety Week - May 8th_14th. (Building Official Phelps)
I C. COMMENTS FROM CITIZENS/PUBLIC I
Ocoee High School Alumni Association presented Principal Armbruster with a brick from the
"Old" Ocoee High School.
Faith Toeci - 322 Meadow Sweet Court, voiced her concerns with the low pay scale of the
Ocoee Police and Fire Department.
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE I
Commissioner Anderson announced the National Day of Prayer ceremony would be held on
Thursday, May 5 at 12:00 p.m. at the City ofOcoee gazebo.
Commissioner Parker - None
Commissioner Johnson - None
Mayor Vandergrift - None
I E. CONSENT AGENDA.
Commissioner Anderson, seconded bv Commissioner Parker, moved to pull
Items #4, #6, and #7 from the Consent Aaenda for discussion. Motion carried 3-0
with Commissioner Johnson away from the dais and Commissioner Howell
absent.
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City Commission Regular Meeting
May 3, 2005
1. Approval and Acceptance of the Regular City Commission Minutes of April 19, 2005.
(City Clerk Eikenberry)
2. Appointment of Ryan Colbert to Citizen Advisory Council of the OcoeePolice
Department. (CityClcrk Eikenberry)
The Citizen Advisory Council for the Police Department is a twenty-five (25)member council and currently has
two (2) vacant seats. The council's purpose shall be to promote and maintain communication, cooperation and
a positive relationship between the citizens of the City of Ocoee and the Ocoee Police Department. Council
members serve a term of three (3) years. Only one application was on file for the CACOPD, therefore staff
recommends the City Commission consider appointing Ryan Colbert as Member of the Citizen Advisory
Council for the Police Department for a three-year term ending on January 2008.
3. Reappointments of John Resnik and Fred Wilsen to the Board of Adjustment. (City
Clerk Eikenberry)
Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for
administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This
Board consists of five (5) regular members and two (2) alternate members. At this
time there are five (5) regular members and no alternate members. The three-year term of John Resnik, Scott
Kimbrell, and Fred Wilsen ends May 2005. Mr. Resnik and Mr. Wilsen have indicated they are willing to serve
another term, if reappointed. Mr. Kimbrell does not wish to be reappointed. Member Resnik and Member
Wilsen have attended three out of four meetings during their current term beginning May 2002.
4. Consideration to Purchase 25 Tasers from Polic.e Forfeiture .Funds. (Police Chief
Goclon)
Tasers have been proven to reduce officer and resistant subject injuries during confrontations that turn physical
or which have the propensity to turn physical. The Ocoee Police Department wishes to supply its officers with
Tasers to help protect themselves and others during such incidents. The Tasers and related equipment would be
~~fh~~ed out of Police Forfeiture Funds.
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5. Consideration of Plat Approval for Windstoneat Ocoee - Phase 2. (City Engineer
Wheeler)
This plat is for Windstone at Ocoee-Phase 2, which consists of a 64 unit single-family residential development.
Windstone at Ocoee-Phase 2 is located on the south side of Clarcona-Ocoee Road, just a quarter mile west of
Apopka- Vine land Road. All required documentation pertaining to the platting of this development has been
reviewed and approved by City staff.
6. Consideration of Change Order No.2 with Master Site Development, Inc.for the Ocoee
Crown Point pun Phase 1 Infrastructure Project. (City Engineer Wheeler)
The Ocoee Crown Point PUD Phase 1 Infrastructure project includes the installation of the roadway and utilities
for the first phase of the development. The water main extension into the development connects to the water
main installed for the Westyn Bay development. When the contractor was installing the new pipeline, it was
discovered that the pipeline across the entrance to Westyn Bay was only 12 inches in diameter. Staff and VHB,
Inc., the design engineer, determined that the short section of 12-inch pipeline would not allow for meeting fire
flow requirements at the new school. Therefore, it was determined that the 140 linear feet of 12-inch pipeline
needed to be replaced. The amount of the change order is an increase of $55,360.00, with an increase in
contract time of 14 days.
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7. Consideration of Change Order No.3 with Prime Construction Group, Inc. for the Old
Winter Garden Road/Professional Parkway Project. (City Engineer Wheeler)
The Old Winter Garden RoadJProfessional Parkway project included upgrades to the Orange County Utility
system, addition of a reuse system, and improvements to the existing utilities and stormwater systems within the
road project limits. Change Order No.3 includes one adjustment to the Orange County Utility system, one
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City Commission Regular Meeting
May 3, 2005
addition to the reuse system, and one change to the overall road project. The amount of the change order is an
increase of $17,982.60, with no adjustment in contract time.
removed from the Consent Agenda to be heard
I PULLED FROM CONSENT AGENDA FOR DISCUSSION I
7. Conslderation of Change Order No.3 with Prime Construction Group, Inc. for the
Old Winter Garden Road/Professional Parkway Project. (City Engineer Wheeler)
The Old Winter Garden Road/Professional Parkway project included upgrades to the Orange County Utility
system, addition of a reuse system, and improvements to the existing utilities and stormwater systems within the
road project limits. Change Order No.3 includes one adjustment to the Orange County Utility system, one
addition to the reuse system, and one change to the overall road project. The amount of the change order is an
increase of $17,982.60, with no adjustment in contract time.
Commissioner Anderson pulled this item from the Consent Agenda to get clarification from
City Engineer Wheeler with regards to the financial impact of the Change Order. City
Engineer Wheeler explained that the City has two (2) Joint Planning Agreements (JP A)
with Orange County. Orange County Utilities portion of the project was prepaid and Orange
County Public Works portion of the project is billed on a regular basis.
6. Consideration of Change Order No.. 2 with Master Site Development, Inc. for the
Ocoe.e Crowll Point PUDPhase 1 Infrastructure P.toject. (City Engineer Wheeler)
The Ocoee Crown Point PUD Phase 1 Infrastructure project includes the installation of the roadway and utilities
for the first phase of the development. The water main extension into the development connects to the water
main installed for the Westyn Bay development. When the contractor was installing the new pipeline, it was
discovered that the pipeline across the entrance to Westyn Bay was only 12 inches in diameter. Staff and VHB,
Inc., the design engineer, determined that the short section of 12-inch pipeline would not allow for meeting fire
flow requirements at the new school. Therefore, it was determined that the 140 linear feet of 12-inch pipeline
needed to be replaced. The amount of the change order is an increase of $55,360.00, with an increase in
contract time of 14 days.
Commissioner Anderson pulled this item from the Consent Agenda to get clarification from
City Engineer Wheeler with regards to the financial impact of this Change Order. City
Engineer Wheeler explained that the City has a Joint Planning Agreement (JP A) with the
Orange County School Board and the School Board's portion of this project was prepaid and
an audit of the change orders will be conducted upon completion of the project.
4. Consideration to Purchase 25 Tasers from Police Forfeiture Funds. (Police Chief
Goclon)
Tasers have been proven to reduce officer and resistant subject injuries during confrontations that turn physical
or which have the propensity to turn physical. The Ocoee Police Department wishes to supply its officers with
Tasers to help protect themselves and others during such incidents. The Tasers and related equipment would be
purchased out of Police Forfeiture Funds.
Commissioner Anderson pulled this item from the Consent Agenda to discuss the
implementation of Tasers in the Police Department. He voiced his concerns regarding lack
of a Taser Policy and Taser training. Police Chief Goclon insured the Mayor and City
Commission that there would be Taser training and a Taser Policy in place before their use
would be implemented. Commissioner Johnson voiced his concerns regarding the lack of
information regarding Taser training, a Taser Policy, and the Comprehensive Insurance Plan
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City Commission Regular Meeting
May 3, 2005
information. Chief Goclon said the insurance company has said there would be no additional
premiums due with the use of Tasers.
Without objection, it was the consensus of the Mayor and City Commission, to approve the
implementation of Tasers with the conditions that extensive Taser training and a Taser Policy
would be in place, and reviewed by the City Manager before any Tasers are issued to the
officers.
Consent A1!enda Vote:
Commissioner Parker, seconded by Commissioner Anderson, moved to approve
the Consent Agenda Items 1 through 7, with the understanding that lasers would
not be used until laser training and a laser policy were in place. Motion carried
4-0 with Commissioner Howell absent.
I F. PUBLIC HEARINGS
8. Ingram Trails - Preliminary Subdivision Plan. Advertised Sentinel Orange Extra, Thursday,
April 21, 2005. (Community DevelopmentDirector Wagner)
The Ingram Trails property includes approximately 20.482 acres. The property is located on the southwest side
ofIngram Road near the intersection ofIngram Road and Clarcona-Ocoee Road. The subject property contains
a house, several agricultural buildings as part of a former horse farm operation, with a mixture of secondary
growth trees at the north 1/3 of the property.
Community Development Director Wagner presented the Staff Report for Ingram Trails. He
asked that the developer consider installing rod-iron fencing along the West Orange Trail on
west side of the property due to the close proximity of the West Orange Trail and the golf course.
Mayor Vandergrift said he would like to see sufficient lighting at the entrance of all
subdivisions in the future and asked that Confederate Jasmine be used instead of fencing on the
West Orange Trail section of this project.
Chad Morehead, representing Madden Engineering, and Scott Benson, representing Centex
Homes, were available for questions.
The Public Hearing was opened.
Scott Benson, representative from Centex Homes, stated they would be willing to work with
Staff for fencing along the West Orange Trail section of the subdivision. He further stated there
would be sufficient lighting at the entrance of the subdivision. Commissioner Parker said she
would like to see "shadow box" fencing along the trail section of this project. It was the
consensus of the City Commission to have "shadow box" fencing along the trail section of this
project.
R.P. Mohnacky, 1820 Prairie Lake Blvd., asked what the lot sizes would be. Community
Development Director Wagner said the lot sizes are:t 75' X 120'.
The Public Hearing was closed.
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City Commission Regular Meeting
May 3, 2005
Commissioner Parker. seconded bv Commissioner Anderson. moved to approve
Inaram Trails Preliminary Subdivision Plan, as date stamped received bv the City
on April 6. 2005. with the condition that "shadow box" fencina is used alona the
West Oranae Trail boundaries. Motion carried 4-0 with Commissioner Howell
absent.
9. Wesmere Properties
a. Wesmere Properties - Preliminary Subdivision Plan. Advertised Sentinel Orange Extra,
Thursday, April 21, 2005. Communit Develo ment Director Wa ner
The Wesmere Property site is located on the east side of Maguire Road, north of Cross Creek subdivision and
south of the Florida Turnpike. The subject property comprises of three lots and nine tracts totaling 100.23
acres. Lot 1 is proposed to be commercial and contains 14.10 acres; Lot 2 is proposed as a future elementary
school site and contains 13.50 acres; and Lot 3 is proposed as residential town homes (Villages of Wesmere)
and contains 49.48 acres. The nine tracts include a lift station, a master wet detention pond covering 16.99
acres, buffers and future right-of-way for the extension of Tomyn Boulevard, east of Magurie Road. The
property is zoned Multiple-Family Dwelling (R-3) and General Commercial (C-3) and is designated as High
Density Residential and Commercial on the Future Land Use Map (FLUM).
Planning Manager Armstrong presented the Staff Report for Wesmere Properties
Preliminary Subdivision Plan. Community Development Director Wagner voiced his
concerns with the width of the access road leading to the school site and said this issue needs
to be addressed.
Jonathon White, representing Morrison Homes, and Jon Wall, representing Miller-Legg,
were available to answer questions.
The Public Hearing was opened. As no one wished to speak, the Public Hearing was
closed.
Commissioner Johnson. seconded bv Commissioner Parker, moved to
approve the Preliminary Subdivision Plan for Wesmere Properties. as date
stamped received bv the City on April 1. 2005. Motion carried 4-0 with
Commissioner Howell absent.
Mayor Vandergrift left at 8:30 p.m.
b. Villages of Wesmere - Preliminary Subdivision Plan. Advertised Sentinel Orange Extra,
Thursday, April 21, 2005. (Community Development Director Wagner)
The Villages of Wesmere is located on Lot 3 of the Wesmere Property Subdivision. More specifically, it is
located on the east side of Maguire Road, north of Cross Creek Subdivision and south of the Tomyn Boulevard
extension. The subject property will comprise of 369 fee-simple townhome lots on 49.48 acres. The property is
zoned Multiple-Family Dwelling (R-3) and is designated as High Density Residential on the Future Land Use
Map (FLUM).
Planning Manager Armstrong presented the Staff Report for Villages ofWesmere Preliminary
Subdivision Plan.
Jonathon White, representing Morrison Homes, and John Wall, representing Miller-Leg, were
available to answer questions.
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City Commission Regular Meeting
May 3, 2005
The Public Hearing was opened.
R.P. Mohnacky, 1820 Prairie Lake Blvd., asked to see the proposed town home designs.
Planning Manger Armstrong presented renderings of the proposed town homes.
Commissioner Johnson read into record an email from Bob Jensen, 102 Carisbrooke Street,
stating his concerns with regards to the traffic impact from this project.
Commissioner Johnson said that as a representative of District 3, he would like to see the
developer use clay tile roofing products and have all utility lines underground.
Discussion ensued regarding increased traffic, lack of a traffic signal, usage and availability of
roofing tiles, and underground utility lines.
Jonathon White said there has been a shortage of clay roofing tiles and clay tiles may not be
available but tile like products are available.
City Attorney Rosenthal suggested adding the following condition of approval:
Town homes will be constructed with tile or tile like products unless the developer demonstrates
to the City that there is a supply issue preventing that type of roofing product.
The Public Hearing was closed.
Commissioner Johnson, seconded by Commissioner Parker, moved to approve
the Preliminary Subdivision Plan for the Villaaes of Wesmere, as date stamped
received by the City on April 1 , 2005, with the followina conditions:
1) At Final Subdivision Plan, the applicant will prepare a traffic sianal
warrant analysis for the intersection of Wesmere Parkway and
Maauire Road; and,
2) Sidewalks on south side of Street I, between Street J and Street G, at
the tot lot. be increased to 6' wide; and,
3) Town homes roofs will be constructed with tile or a tile like product
unless the developer demonstrates to the City that there is a supply
issue preventing that type of roofing product.
Motion carried 3-0 with Mayor Vandergrift and Commissioner Howell absent.
1 a.Plantation Grove PUD, Phase 3, Lot 2 - Large Scale Preliminary Site Plan. Advertised
Sen.tin.el Oran.ge Extra, Thursday, April 21, 2005. (Community Development Director Wagner)
The Plantation Grove commercial subdivision is located on the northeast corner of Maguire Road and Moore
Road, with Phase 3, Lot 2 being located directly south of the Publix Shopping Center, east of the Hess gas
station. The subject property comprises of a single lot totaling 7.94 acres, is zoned Commercial Planned Unit
Development (PUD) and designated as Commercial on the Future Land Use Map (FLUM). Staff has
determined that the proposal is consistent with the approved PUD plan, the Preliminary Subdivision Plan and
the Final Subdivision Plan for Plantation Grove. Conditions of Approval affecting this portion of the site in the
original PUD have been incorporated into the plans. The Plantation Grove Phase 3, Lot 2 Large Scale
Preliminary Site Plan is proposed to be developed with commercial uses in four (4) phases. Phase 1 is
proposed to include a 21,520 square foot General Business building with approximately 13 tenant spaces; Phase
2 is proposed to include a 3,820 square foot AmSouth Bank, with five (5) drive-thru lanes; Phase 3 is proposed
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City Commission Regular Meeting
May 3, 2005
to include a 6,000 square foot high-quality restaurant; and Phase 4 is proposed to include a 8,000 square foot
building which will function as either a restaurant, retail or daycare use. The out parcels will not be sold fee-
simple, but will be leased.
Community Development Director Wagner presented the Staff Report for Plantation
Grove PUD, Phase 3, Lot 2, Large Scale Preliminary Site Plan, including three (3) waivers.
Greg Farrell, representing Unicorp Development, was available to answer questions.
The Public Hearing was opened.
Commissioner Johnson asked if the developer would include a fountain in the front
retention pond. Community Development Director Wagner said the front retention pond
is a dry retention pond. Mr. Farrell said they would be willing to contribute to a fountain
for the pond on Maguire Road if the City would be responsible for the remaining balance due
for the fountain.
The Public Hearing was closed.
Commissioner Johnson. seconded by Commissioner Parker, moved to
approve the Larae Scale Preliminary Scale Site Plan for Plantation Grove
Phase 3. Lot 2. as date stamped received by the City on April 1, 2005.
including the three (3) waivers. Motion carried 3-0 with Mayor Vandergrift and
Commissioner Howell absent.
I G. REGULAR AGENDA
11. Selection of a Member of the Commission to Serve on the Educational Incentive
Committee. (City Clerk Eikenberry)
The Educational Incentive Committee is comprised of the City Manager, the Human Resources Director, a
Commissioner, and an elected employee. The purpose of this committee is to make determinations about
paying for tuition and books for employees seeking education, based on certain requirements and on the value
of the education to the City of Ocoee.
Without objection, Mayor and City Commission nominated Commissioner Parker to
serve a one (1) year term on the Educational Incentive Committee.
I H. STAFF REPORTS
12. Update on Ordinance Amending Chapter 78 of the Code of Ordinances Relating to Fire
Prevention. (Fire Marshal Stanley)
City Attorney Rosenthal stated there would be a re-write of this Ordinance and a First Reading
would be brought back at a later date.
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City Commission Regular Meeting
May 3, 200S
I I. COMMENTS FROM COMMISSIONERS
Commissioner Parker - Asked that the application for the Community Merit Review Award
Board be changed so it does not exclude any organization or charity in Ocoee as long as the
funding is for more than one (1) individual and as long as they prove they are using the funds as
indicated on the application.
Commissioner Parker, seconded bv Commissioner Johnson, moved to clarify
and/or chanae the CMRAB application to include all aroups, not iust certified
charities. Motion carried 3-0 with Mavor Vanderarift and Commissioner Howell
absent.
Commissioner Johnson -1) Stated that since the trash collection route has changed, he has
received numerous calls regarding missed trash collection and he would like this issue resolved.
2) Asked City Engineer Wheeler to announce the Ocoee Lion's Club Golf Tournament on
Saturday, May 7, at 12:45 p.m. 3) Wished a get well to Charlie Brown.
Commissioner Anderson - 1) Read an email from Henry Morgan stating that his trash was not
collected. 2) Wished a get well to Mayor Vandergrift and Commissioner Howell. 3) Said Sleepy
Harbour Subdivision has been in infested with Water Moccasin snakes. City Manger Frank
said the Fish and Game Commission have been contacted and they said a trapper who
specialized in these types of snakes would need to be contacted.
I ADJOURNMENT
The meeting adjourned at 9: 15 p.rn.
Attest:
APPROVED:
City of Ocoee
,J3))QN}do'R~L
Brenda Brasher, Acting City Clerk
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