HomeMy WebLinkAbout04-05-05 Minutes
MINUTES
OCOEE CITY COMMISSION
April 5, 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 gave the Invocation and Commissioner
Johnson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and
declared a quorum present.
RoD CaD: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner
Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Proclamations - 2005 National Crime Victims' Rights Week
CaD Before You Dig
April 2005 Water Conservation Month
Years of Service Award - Frank Carlsson - 20 Years of Service. (Mayor Vandergrift)
Presentation - Award Water Conservation Grant Check in the Amount of $18,000 to the
City for the New Yard Magic: Ready, Set, Grow Reality Television Show Designed to
Promote and Foster Positive Water Usage in Landscapes - St. Johns River Water
Management District Representative Nancy Christman - this presentation was delayed and
done in the middle ofItem #10; Shannon Joyce on behalf of Nancy Christman congratulated the
City for reduction in water consumption and presented a grant award for $18,000.00
I C. COMMENTS FROM CITIZENSIPUBLIC
R. P. Monacky, 1320 Prairie Lake Blvd, complained that the City changed policy regarding
what can be put in garbage carts. Public Works Director Zaitooni explained that small
appliances, bowling balls, electronics, etc. are not biodegradable, and cannot be taken to the
landfill. Those items should be placed at the curb on the recycle/bulk pickup days for an
additional fee, or twice a year at no charge, during the spring and fall cleanup.
Jo-Anne Houwers - distributed information about her Autism Program, thanked the City for
allowing her to use the Beech Recreation Center and the pool for her program which now has
about 200 families participating. She advised they have now become a non-profit organization
and asked the City to sponsor the fundraiser Golf Tournament on May 7, 2005. She invited
everyone to participate in the fundraiser.
City Commission Regular Meeting
April 5, 2005
Commissioner Johnson. seconded bv Commissioner Parker moved to aDDrove a
J250.00 sponsorship for the "Golfina Fore Autism Charity Tournament". Motion
carried 5-0.
Mayor Vandergrift advised Ms. Howers of the merit awards program the City offers twice
annually, where they can ask for up to $500 each time.
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Howell - none
Commissioner Anderson - none
Commissioner Johnson - announced the 18t Annual Golf Tournament sponsored by the Lion's
Club will be held on Saturday, May 7, 2005, at Forest Lake, and there will be brochures
available at the next Commission Meeting.
Mayor Vandergrift - read a card from resident Mary Olwick thanking the City for the well-
organized Easter Egg Hunt on March 26, 2005.
I E. CONSENT AGENDA
1. Consideration of eCivis Grants Locator Software. (City Manager Frank)
ECivis is a software program that allows local governments to locate available grant funding. The City has
used the service in the past and City staff would like to have it available again to seek additional grant money
for various programs and services. The software allows City employees to search for grants by subject matter.
The program provides the application and all necessary criteria to know whether the City is eligible for the
grant.
2. Consideration for Appointment of Sandra Davidson to the Human RelationslDiversity
Board (HRDB). (City Clerk Eikenberry)
The Resolution provides that HRDB membership shall consist of no less than seven (7) members and no more
than fifteen (15) members. Currwtly the board has fourteen (14) members. One application was recently
submitted for the Human Relations/Diversity Board; therefore, staff recommends the City Commission consider
appointing Sandra Davidson to the Human RelationslDiversity Board with a tmn ending May 2007.
3. Consideration for Temporary Closing of a Portion of North Lakeshore Drive and the
Public Boat Ramp at Starke Lake for the Purpose of Outboard Boat Races. (Building
Official Phelps)
This item was removed from the Consent Agenda and heard separately after Item #9
4. Consideration for Renewal of the Mutual Aid Agreement between the Ocoee Pollee
Department and the Orange County Sheriff's Office. (Pollee Chief Goclon)
This is a rwewal of the agreement that allows mutual aid between the Ocoee Police Department and the Orange
County Sheriffs Office. The agreemwt allows the parties to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to emergencies or to aid in investigations, including
those which cross jurisdictional lines.
5. Consideration for Renewal of the West Orange Narcotics Task Force Agreement
between the Ocoee Pollee Department, the Winter Garden Pollee Department and the
Orange County Sheriff's Office. (pollee Chief Goclon)
This is a renewal of the agreement between the Ocoee Police Departmwt, the Winter Garden Police
Department and the Orange County Sheriff's Office establishing the purpose for the task force, jurisdictional
boundaries, limitations on liabilities, and determines seized asset distribution amongst the participants.
Page 2 of9
City Commission Regular Meeting
April 5, 2005
6. Consideration to Approve Expenditure of $37,510 from Stormwater Project Funds
(312) for the Design and Permitting of the Center Street Drainage System and Award
Project to Professional Engineering Consultants (PEC). (public Works Director
Zaitooni)
This project is the Phase 2 of the overall drainage improvement project, which includes the design, preparation
of plans, and permitting of the drainage collection system. This is the companion project to Center Street 100-
year Retention Pond currently in final design.
7. Consideration to Approve Expenditure of $24,000 from the Stormwater Operating
Contingency Funds for Repairs to the Culvert and Pavement on A.D. Mims Road, West
of the Beech Center and Award Bid to T.D. Thomson Construction. (Public Works
Director Zaitooni)
This project is intended to replace the cross culvert under AD. Mims Road and repair the pavement at the
crossing east of the entrance to the Beech Center. The culvert failure and insufficient compaction has caused a
noticeable depression in pavement at this location. Staff obtained 3 written quotes for the project and
recommends award to T.D. Thomson Construction. The project will be funded from the Stormwater Operating
Contingency Funds.
8. Consideration to Approve Memorandum of Agreement with FDOT for Maintenance of
Right-of-Way on SR 50, 437, and 438; and Authorize Mayor and City Clerk to Execute
the Agreement and Resolution. (Public Works Director Zaitooni)
The current Maintenance Memorandum of Agreement between the Florida Department of Transportation
(FDOT) and the City will expire on April 30, 2005. FOOT now wishes to enter into a new contract for the City
to provide maintenance activities for the portions of SR 50, SR 437, and SR 438 within the City limits. This
contract will be for one year with optional renewal for an additional two years. A quarterly sum of$8,125.00
($32,500.00 annually) will be paid to the City. The City will automatically provide a 3% annual increase for
years 2 and 3 subject to renewal.
RESOLUTION 2005-003
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE
FLORIDA DEPARTMENT OF TRANSORTATION, FOR THE MAINTENANCE OF STATE ROAD
RIGHT-OF-WAY BY THE CITY; PROVIDING AN EFFECTIVE DATE.
9. Resolution Opposing House BiU 1325 and Senate BiU 1714 Denying Rights of Municipal
Governments to OtTer Telecommunication Services within their Municipal Boundaries.
(City Manager Frank)
Florida Legislators have filed Bills in the House and Senate that would prohibit local governments from
providing covered communication service; from expanding its service area, adding new subscribers, or
increasing covered services after a certain date, (except under very limited circumstances), and defines covered
communications services as communications, Internet (including wireless and broadband), or cable services.
RESOLUTION 2005-004
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA OPPOSING HOUSE BILL 1325 AND
SENATE BILL 1714 WHICH DENY THE RIGHTS OF MUNICPAL GOVERMENTS TO OFFER
TELECOMMUNICATION SERVICES WITHIN THEIR MUNICIPAL BOUNDARIES; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Commissioner Anderson. seconded bv Commissioner Parker aPDroved Consent
Aaenda Items 1. 2. 4. 5. 6. 7. 8. and 9. includina Resolutions 2005-003 under Item 8
and 2005..004 under Item 9. Motion carried 5-0.
Page 3 of9
City Commission Regular Meeting
April 5, 2005
3. Consideration for Temporary Closing of a Portion of North Lakeshore Drive and the
Public Boat Ramp at Starke Lake for the Purpose of Outboard Boat Races. (BuDding
Official Phelps) **This Item Was Remol'ed From The Consent Agenda For Discussion
The event will be held on October 29-30, 2005, and the applicant understands the requirements of: 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; 4) Proper barricades
must be used for blocking the road; and, signs be posted at the boat ramp in advance to notify citizens of its
closing; 5) (2) off-duty police officers required; and 6) The applicant is responsible for providing water rescue
capabilities and will make arrangements with Health Central ambulance service if on-site EMS transportation is
required.
Commissioner Johnson said he pulled this from the Consent Agenda to discuss the problems
that occurred with parking, and the amount of staff time used to help cover a non-City event. He
suggested the race sponsors could help defray the cost of city employees working overtime by
giving the City a $1500.00 bond. The set-up and clean-up took approximately 35 hours of
employee time. Commissioner Anderson said he thought that the Lion's Club and Woman's
Club may be planning to ask the City to support the event by donating some money. He said
Parks and Recreation Director Farmer and Customer Service Supervisor Sills were going to
coordinate efforts to correct the parking problems, also. Commissioner Parker said we should
consider roping off the parking lot to avoid employee spaces being used by the boaters on
workdays, and if the City is going to contnbute money to the event, we need to be given costs in
advance and be given some type of sponsorship.
Commissioner Anderson. seconded by Commissioner Johnson moved to
approve the temDOrary closina of North Lakeshore Drive and the Public Boat
Ramp for the races on October 29 and 30. 2005. Motion carried 5-0.
PUBLIC HEARINGS
10. Preliminary Subdivision Plan for The Villages at Lake Bennet. (Senior Planner Fabre)
Mayor Vandergrift opened the Public Hearing.
Owen Ewing, Bob Brett, Matt FetterotT, and Steven Matazanos of Paradise Development
Group said the subdivision plan had been significantly changed and they feel it addresses most of
the concerns brought forward by the Planning and Zoning Board.
Randy June, Developer of adjacent property, said there are many changes on the plans being
presented tonight that he has not had the chance to review.
Mayor Vandergrift closed the Public Hearing.
Commissioner Johnson. seconded bv Commissioner Anderson moved to deny
the Preliminary Subdivision Plan for the Villaaes at Lake Bennett based on the
reasons set forth In the Plannina and Zonina Commission's recommendations to
the City Commission. Motion carried 5-0.
16. Update on ForestBrooke Entry Gates. (Community Development Director Wagner)
Item 16 & 17 were moved up on the agenda and heard after Item #10.
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City Commission Regular Meeting
April 5, 2005
Community Development Director Wagner explained that in response to many residents
concerns regarding their new homes, his staff, along with City Manager Frank and
Commissioner Anderson met with the developer. In a letter submitted to the City on March 3,
2005, Keewin Investments and Real Estate, D. R. Horton Homes, and Engle Homes agreed on
improvements to the property.
Jay Folk, representing the developer, Keenan Real Property Company, said they feel the
subdivision was developed as proposed, but they are willing to cooperate with the City and
residents on the items agreed upon in the letter that has been submitted.
Martin Davison, 3193 Jamber Drive, felt fencing should be extended along Lot #22 to prevent
vehicle entry.
Tom Riather (and Mrs Riather via email), 95 Hopewell Drive, expressed concerns regarding
her property (Lot 22) not being completely fenced. They feel once people realize the can bypass
the security gates, they will be driving across her property where the opening in the fence exists.
Jay Folk, representing the developer, Keenan Real Property Company, agreed to extend the
fencing along Lot #22. He agreed to revise his letter and get the revised version to Community
Development Director Wagner.
Commissioner Howell. seconded by Commissioner Anderson moved to accept
the aareement from the developer with the addition that the fencina will be
extended all the way around the boundary of Lot #22. and moved to approve the
expenditure of $2500 in matchina funds toward the improvements. Motion
carried 5-0.
17. Discussion re: Hours of Operation for Construction within Subdivisions.
(Commissioner Howell) Item 16 & 17 were moved up on the agenda and heard after
Item #10.
Kris Bauske, 238 Beacon Point Drive, thanked the City for enforcing the construction
ordinance, however, she would like to know if the City would consider changing the ordinance
regarding construction hours from 7am - 9pm to 7am - 7pm.
Discussion followed regarding what new residents should expect when they move into a
subdivision still being developed, changing the quitting time from 9:00 p.m. to 8:00 p.m.,
stepping up police patrol to enforce current ordinance, and the fact that very few complaints have
been made regarding the current 9:00 p.rn. time. Police Lt. Brown advised that very few
complaints are received, and they respond quickly when calls come in. City Manager Frank
suggested that we should try to increase police presence between 8:30 p.rn. and 9:00 p.m. rather
than revising the ordinance.
Commissioner Howell, seconded by Commissioner Anderson moved to brina
back a revised ordinance allowina construction work between the hours of 7:00
a.m. - 8:00 p.m. Motion failed 2-3. with Va nd era rift. Johnson. and Parker
opposed.
Page 5 of9
City Commission Regular Meeting
April 5, 2005
Consensus of the Commission was to increase directed patrol of the police
department between the hours of 8:30 - 9:00 p.m.
ORDINANCE SECOND READINGS
11. An Ordinance Amending Chapter 78 of the Code of Ordinances Relating to Fire
Prevention. (Fire Marshal Stanley) (Second Reading and Public Hearing Should be Continued until
April 19, 2005, at 7:15 p.m to allow timefor Advertisement of Public Hearing)
City Attorney Rosenthal said that after a discussion with staff, they would like to continue this
item until May 3, 2005.
Mayor Vandergrift opened the Public Hearing.
Commissioner Johnson. seconded by Commissioner Anderson moved to
continue this item on May 3. 200S. Motion carried 5-0
ORDINANCE FIRST READINGS
12. An Ordinance Amending City of Ocoee Police Officers' and Firefighters' Retirement
Trust Fund. (City Manager Frank) (Second Reading Scheduled for April 19, 2005, at 7: 15 p. m.)
City Attorney Rosenthal read the title of the Ordinance.
Second Reading Scheduled for April19, 2005, at 7: 15 p.m.
I H. REGULAR AGENDA
13. McKey Street Project - Walker-Maguire Right-of-Way Vacation. (Continued from City
Commission Meeting held March 1, 2005). This item is an advertised Public Hearing.
(Principal Planner James)
The alley runs in a north-south direction between Oakland Avenue and McKey Street parallel to Bluford
Avenue. This vacation is a component of the overall McKey Street Project where two additional portions of
alleyway needed for the project will be dedicated to the City. When completed this alleyway will run in an
east-west direction connecting Cumberland Avenue to Bluford Avenue. This roadway is not an arterial or
collector. Since the roadway is neither a collector nor an arterial road, a Planning & Zoning Commission
recommendation is not required.
Mayor Vandergrift opened the Public Hearing.
There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing.
City Attorney Rosenthal read the title of the resolution.
Commissioner Johnson. seconded by Commissioner Anderson moved to adopt
Resolution 200S-005 approvina the Walker-Maguire Right-of-Wav Vacation.
Motion carried 4-0. with Commissioner Howell away from the dais.
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City Commission Regular Meeting
April 5, 2005
The resolution as adopted carries the following title:
RESOLUTION 2005-005
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING
THOSE PORTIONS OF THAT CERTAIN 12 FOOT ALLEY FOUND IN BLOCK 3, MAP OF
OCOEE, ACCORDING TO THE PLANT THEREOF AS RECORDED IN PLAT BOOK A, PAGE
100 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA THAT LIE (i) EASTERLY
OF LOT 3 AND WESTERLY OF LOT 1, 2, AND THE NORTHERLY 41 FEET OF LOT 23;
PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
14. Discussion re: Parking Lot at Corner of Bluford Avenue and McKey Street. (Public
Works Director Zaitooni)
Public Works Director Zaitooni explained that staff's analysis concluded that paving this lot
would not be a good use of this property, because of its value. Staff alternatively recommends
developing parking areas on East McKey Street, once those structures are demolished. Mayor
Vandergrift asked that staff look into preserving the large com plant on the property.
Commissioner Anderson. seconded by Commissioner Parker moved to approve
the development of a parkina area off East McKev Street per staff
recommendations. Motion carried 5-0.
15. Discussion re: Mosquito ControL (Public Works Director Zaitooni)
Public Works Director Zaitooni recommended this item is deferred until the next fiscal year,
due to the $50,000.00 amount proposed by Clarke Mosquito Control being too much to take
from our contingency fund at this time. The City should continue to use County services until
next year. Estimates are being prepared for Mosquito Control as part of next year's budget.
Commissioner Johnson. seconded bv Commissioner Howell moved to approve
the mosQuito control methods as recommended bY staff. Motion carried 5-0.
Commission Parker added that we need to make sure the name and number for Orange County
Mosquito Control is posted on OGTV and the Website.
16. Update on ForestBrooke Entry Gates. (Community Development Director Wagner)
This item was moved up on the agenda and heard after Item #10.
17. Discussion re: Hours of Operation for Construction within Subdivisions.
(Commissioner Howell) This item was moved up on the agenda and heard after Item #10.
18. Discussion re: Setting Date for Workshop on Ocoee Crown Point. (Mayor
Vandergrift)
Mayor Vandergrift said he placed this item on the agenda because he felt the need for a series
of workshops to assist in the visioning process on major items affecting the City's future. He
said one of the first things he would like to discuss is what to do about the Coke property.
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City Commission Regular Meeting
April 5, 2005
Commissioner Parker said she agreed with workshops as long as they were a visioning and
planning for Ocoee's future from many different standpoints. Commissioner Anderson said he
would like to add a discussion regarding sprinklers to single family residences in the frrst
workshop. The City Manager and City At orney suggested that the sprinkler item is paired up
with other items regarding the Fire Depart ent.
Consensus of the Commission ithout ob"ection was to hold vlslonin
worksho s and to have Administrat ve Assistant Cowan coo dinate the first one
in the evenin from 6:30 - 8:00 .m. i the next three to four weeks.
I" STAFF REPORTS - none
J. COMMENTS FROM COMMISSIO
Commissioner Parker - none
Commissioner Anderson- 1) said the First Baptist Church of Ocoee will be holding their annual
Carnival on April to, 2005 from 12:00 p. . - 3:00 p.m. and they submitted an application for
road closure. Commissioner Anderso seconded b Commissioner Parker moved
to a rove the road closure on Ohio venue for the First Ba tist Church of Ocoee
carnival. Motion carried 5-0.
Commissioner Anderson 2) said he notic d Lake Eola has doggie bags to encourage residents
to pick up after their dogs, and he would ike staff to look into placing them around the City,
especially in Parks, and involve Homeown Associations so that everyone could have the same
type of bags, 3) said there used to be a umpster at Tiger Minor, and asked Public Works
Director Zaitooni to look into what happ ed to it, and 4) would like to increase police patrol
on the south side of Chicago Road at the en rance to Tiger Minor Park clean up the area and keep
the kids from hanging out there. Consen us of the Commission was to direct staff to
look into what can be done with that ro e such as a do ie ark or baseball
practice park). The City Manager said e can include it as a line item in next year's budget.
Commissioner Howell -1 ) asked Public orks Director Zaitooni the status of the retention
pond, to which he advised they are almost ompleted with the exception of the gate, fence, and
apron, 2) asked about storrnwater fees and hy we charge certain buildings these fees if they are
not using City Services, he said his ch ch is paying $400.00 per month. Public Works
Director Zaitooni advised that the Code h a formula regarding the pervious area vs. the entire
property and they are charged based on that formula. City Attorney Rosenthal said it is applied
on a uniform basis throughout the City b ed on a formula, so even though a particular site is
handling its own storm water, it contributes 0 the maintenance of the Citywide system.
Commissioner Johnson - none
Mayor Vandergrift- 1) sent an email to ommission this afternoon regarding state legislature
with respect to CRA's, and would like a tter sent to state legislatures agreeing with Florida
League of Cities regarding CRA laws.
Ma or Vander rift seconded b Co missioner Parker moved to direct staff to
send a letter sent to state Ie islat rs for the Ma or's si nature a reein with
Florida Lea ue of Cities and 0 osi what the are doin re ardin CRA laws.
Motion carried 5-0.
2) said that we would like staff to look int putting up gold and black directional signs near the
new school.
City Commission Regular Meeting
April 5, 2005
ADJOURNMENT
The meeting adjourned at 11: 10 p.m.
Attest:
, i" ',c' b, ( ,
, ,\ C L.kx ,~\ }-{:./~
Beih Eikenberry, City Cler
APPROVED:
City of Ocoee
age 90f9