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HomeMy WebLinkAbout03-15-05 Minutes MINUTES OCOEE CITY COMMISSION March 15,2005 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. Pastor Larry W. Weir of Grace Community of Faith Church gave the Invocation, and Annie Beth Nuance, 8th Grader from Karver Middle School, led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner Johnson, and Commissioner Parker. Also Present: City Manager Frank, Assistant City Attorney Storey, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS Presentation - Police Explorers to Award Ofc. Maroney with a Plaque for his Hard Work and Dedication with the Police Explorers Program. Presentation - Residential (Garbage, Recycling, and Yard Waste) Route Reconfiguration. (Public Works Director Zaitooni) I C. COMMENTS FROM CITIZENS/PUBLIC None I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker - announced two community-wide yard sales in District 4: Prairie Lakes on April 23rd, and Sawmill on April 19, 2005. Commissioner Johnson- none Commissioner Anderson - thanked everyone who participated in the boat races, he said it was a great success, and the Women's Club and Lions Club raised money for their organizations. Commissioner Howell - none Mayor Vandergrift - 1) introduced City Attorney Storey, who was filling in for regular City Attorney Rosenthal who is on vacation, 2) announced the City's "Relay for Life" team, who raised over $5000.00 so far for the American Cancer Society, and invited people to attend one oftheir fundraiser events at Benchwarmer's Sports Bar on March 19,2005, and to attend the final Event at West Orange High School on April 7 & 8, 2005, and 3) read an email from a new teacher at Ocoee High School who said the City of Ocoee and the Mayor have made him feel excited not just about his new job, but about being part of the community. City Commission Regular Meeting March 15, 2005 I CHANGES AND DELETIONS I Significant changes were made to the order items were heard from the order on the original published agenda. Items were heard in the following order: 1,4,5,6, 7, 8, 9, 3, 14, 15, 10, 11, 12, 13,2, 18, 19,16, and 17. Items 20 & 21 were postponed. I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City .Commission Minutes of March 1, 2005. (City Clerk Eikenberry) 2. Consideration for Staff to Precede with a Boundary & Topographic Survey, and Phase I Environmental Site Assessment for the FDOT Surplus Property. (Senior Planner Fabre) This item was removed from the consent agenda and discussed separately after Item #15 3. Consideration of Resolution Increasing the Commission Stipend. (City Manager Frank) This item was removed from the consent agenda and discussed separately after Item #9 4. Consideration of Bid #05-06, Citywide Right-of-Way Mowing (3-Year Contract) to Markham Woods Landscaping in the Amount of $36.001 Acre, First Annual Amount of $69,303.00. (Purchasing Agent Tolbert) This is a re-bid from earlier this fiscal year. The scope of work has been revised to include reducing the frequency and grouping services in order to come within budget. Staff recommends that the City Commission award a three (3) year contract for the mowing, edging, trimming, weed control, and trash and debris removal of City right-of-ways. The budget includes $60,000 for these services. Staff recommends awarding the bid to Markham Woods Landscaping as the most responsive and responsible bidder. 5. Consideration of RFP #05-001, to Conduct a Comprehensive Compensation and Classification Study to HR Management Partners, Ine. in the Amount of $27,576.16; and Authorize the Transfer of $12,576.16 from General Fund Contingency to DR Department's Contractual Services Account to Supplement the $15,000.00 Already Budgeted for these Consulting Services. (Purchasing Agent Tolbert) In compliance with policies and procedures of the City ofOcoee Purchasing Code Chapter 21, a Request for Proposals (RFP) was advertised with the intention to select a firm deemed to be the most highly qualified to conduct a comprehensive compensation and classification study. The budget contains $15,000 for these services. Therefore, Staffis requesting transfer of$12,576.15 from the general fund contingency to the Human Resources Department's contractual services account to fund these services. After interviews and committee discussion, the selection committee voted unanimously to select HR Management Partners, Inc. to conduct the City's Compensation and Oassification Study. 6. Consideration of Phase 1 - Ocoee Business Park Final Plat. (City Engineer Wheeler) This plat is for Ocoee Business Park Phase 1, which consists of Lots 1 and 2, a 15.66 acre industrial development. Ocoee Business Park, Phase 1 is located west of and adjacent to HM Bowness Road and just north of the City ofOcoee Public Works Complex. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. Page 2 of 14 City Commission Regular Meeting March 15,2005 7. Consideration of Westyn Bay Townhomes Final Plat. (City Engineer Wheeler) This plat is for Westyn Bay Townhomes, which consists of a 172 unit multi-family residential development. Westyn Bay Townhomes are located at the northwest comer ofOcoee-Apopka Road (S.R 437) and West Road and east of Lake Apopka. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. 8. Consideration of Ocoee Commons PUD Final Plat. (City Engineer Wheeler) This plat is for Ocoee Commons PUD, which consists of 74.29 acres of single family, multi-family and commercial development. Ocoee Commons PUD is located at the northeast comer of Colonial Drive (State Road 50) and Blackwood Avenue. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. 9. Consideration of Change Order No.2 with Prime Construction Group, Ine. for Old Winter Garden RoadIProfessional Parkway Project. (City Engineer Wheeler) The Old Winter Garden RoadlProfessional 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. O1ange Order No. 2 includes eleven changes to the Orange County Utility system, three changes to the reuse system, and five changes to the overall road project. Details of the proposed changes are included in the attached copy of the O1ange Order No.2. The amount of the change order is an increase of $56,228.14, with no adjustment in contract time. Mayor Vandergrift announced that staff wished to pull Item #2 from the consent agenda for clarification of the staff recommendation. Commissioner Howell. seconded by Commissioner Parker made a motion to pull Item #3 from the Consent Aaenda for discussion. Motion carried 5-0 Commissioner Johnson. seconded by Commissioner Anderson approved Consent Aaenda Items 1.4.5.6.7.8. and 9 as presented. Motion carried 5-0. 3. Consideration of Resolution Increasing the Commission Stipend. (City Manager Frank) (This item removed was from consent agenda to be heard separately) In November 2001, the Commission adopted Resolution 2001-13, changing the monthly stipends to the Mayor and Commission for local travel and local expenditures incurred in the performance of official business on behalf of the City. The monthly stipend was increased to $400.00 for the Mayor and $325.00 for the Commissioners. With increased local events and meetings, the monthly stipend has not been enough to cover local expenditures, and the Mayor and Commission have incurred out-of-pocket expenses in order to attend such meetings. Commissioner Parker said that she feels that her current stipend amount is enough. Commissioner Anderson agreed that he does not need more money, but feels the Mayor probably does need an increase due to all of the events he attends. Commissioner Howell said he is not comfortable taking an increase at a time when they have had to increase many fees to the residents. Mayor Vandergrift said that, as a member of the Board of West Orange Chamber of Commerce, he has to attend many events with fees of $26 - $30, and would like all Commissioners to receive reimbursement for these events to help increase attendance. Commissioner Howell suggested that anyone who goes over the stipend in a given month should be able to submit receipts for reimbursement. Commissioner Parker said they would need to keep receipts for mileage and events to prove they went over the stipend amount. City Manager Frank said we would bring back a resolution from the City Attorney making the suggested amendments. Page 3 of 14 City Commission Regular Meeting March 15,2005 Commissioner Howell. seconded by Commissioner Anderson moved to table this item. and have the City Attorney brina back a resolution or ordinance amendina the current policy and allowlna Commissioners to receive reimbursement for local expenditures over the amount of the stipend In any aiven month. Motion carried 5-0. I F. PUBLIC HEARINGS Mayor Vandergrift announced that he was moving Items #14 and #15 to the front of the Public Hearing agenda because there are many residents in attendance who wish to speak on this matter. 14. Grace Community of Faith Church. (Principal Planner James) This item was moved up on the Agenda to be heard after the Consent Agenda and before Items #10- #13 Principal Planner James introduced the item and gave a presentation regarding the annexation, rezoning, and the special exception. a. Annexation Ordinance Mayor Vandergrift opened the Public Hearing. Jeanese Wells, 2506 Johio Shores Road, asked why the City was annexing and what was the value to the City, to which Mayor Vandergrift said we welcome anyone who wants to be a part of our community. Commissioner Anderson added that there is a joint planning agreement with Orange County, which defines boundaries where the City will expand and the church is within those boundaries. Commissioner Parker said that we can now control the standards by which they build and landscape. Mayor Vandergrift closed the Public Hearing. Commissioner Howell. seconded by Commissioner Parker adopted ordinance 2005-001 on second readina. approvina the annexation of approximately 6.92 acres of real property into the corporate limits of the City of Ocoee. Motion carried 5-0. The ordinance, as adopted on second reading carries the following title: ORDINANCE 2005-001 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 6.92 ACRES LOCATED SOUTHWEST OF THE SILVER STAR ROAD AND OLD SILVER STAR ROAD INTERSECTION AND EAST OF JomO SHORES ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO mE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 14 City Commission Regular Meeting March 15, 2005 b. Rezoning Ordinance Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded bY Commissioner Howell adopted ordinance 2005-002 on second readina. aDDrOYina the chanaed zonina classification from Oranae County RC-E "Residential-Country Estate" to Ocoee R-1-AA "Sinale Family Dwellina Motion carried 5-0. The ordinance, as adopted on second reading carries the following title: ORDINANCE 2005-002 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY RC-E, "RESIDENTIAL-COUNTRY ESTATE" TO OCOEE R-l-AA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 6.92 ACRES LOCATED SOUTHWEST OF THE Sll..VER STAR ROAD AND OLD Sll..VER STAR ROAD INTERSECTION AND EAST OF JOHIO SHORES ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABll..ITY; PROVIDING FORAN EFFECTIVE DATE. PuBLIC HEARING ONLy - No ORDINANCE c. Special Exception (Public Hearing Only - No Ordinance) Mayor Vandergrlft opened the Public Hearing. There being no one wishing to speak, Mayor Vandergrlft closed the Public Hearing. Commissioner Howell. seconded by Commissioner Anderson. moved to aDProve the special exceDtion based on staff recommendation to approve with three proviSions included. Motion carried 5..(). 15. Grace Community of Faith Church - Large-Scale Preliminary Site Plan. (Senior Planner Fabre) This item was moved up on the Agenda to be heard after the Consent Agenda and before Items #10 - #13 Senior Planner Fabre gave a presentation on the proposed Large-Scale Preliminary Site Plan. Mayor Vandergrift opened the Public Hearing. Gary Thomas, 2641 Florence Street, said the plans have changed since the ones that were presented at the Zoning COnmUssion in Orange County. The Zoning Commission said that turn lanes would need to be added for approval off Silver Star to Johio Shores, and off Johio into the Church parking lot. Page 5 of 14 City Commission Regular Meeting March 15, 2005 Avis Pierdominici, 2806 Mauldin Road, said she is in favor of a church in the neighborhood, but has concerns about traffic being added to the narrow roads because crossing Johio Shores Road is already dangerous. She hopes the church will be good neighbors. Lilian Hernden, 2637 Florence Street, a resident for 56 years, said she hopes the City will seriously reconsider the location of entrances and exits, and the traffic issues for older residents. Mayor Vandergrift asked Pastor Weir ifthe plans were approved by Orange County and ifthis is a different set of plans. Pastor Weir said that they were presented with an artist rendering, no actual site plan was developed untillater. Suellen Ritter, 2813 Mauldin Road, said she is concerned about having a good landscape buffer for the noise, and would like the Commission to reconsider the entry/exit areas of the Church. Roger Coculitan, Engineer for the developer (R.c. Land Engineering) advised that FDOT would not allow entry/exit off of Silver Star Road Jim Pierdominici, 2806 Mauldin Road, wants to keep harmony and peace & quiet in the neighborhood, he said he would like to see an 8-foot wall built around the property. Mrs. Chasteen, 2831 Mauldin Road, addressed the access on Old Silver Star Road, she said that it is the only access to her development and traffic will be backed up. She is concerned emergency vehicles will not be able to get in. Ken Lasseter, 2510 Johio Shores Road, is concerned about the dangerous traffic conditions that will be created and the noise from the church. He would like to see a wall around the property. Jeanese Y. Wells, 2506 Johio Shores Road, has view of the property from her front door, she would like to have a wall built for a noise buffer and visual continuity with other developments in the area. David Swisher, 2432 Johio Bay Drive, said there are brick walls around subdivisions in the area, there is no reason they cannot put a wall around the church property. He said the population of gopher turtles has been reduced by FDOT and other development and their habitat should be protected. He would like the City to re-evaluate the traffic patterns before approval. Carmen Angulo, 8075 Old Silver Star Road, said she has an II-month old child and she is very concerned about adding traffic the residential area. Gloria Solano, 2440 Johio Bay, said she is happy to have a church coming to the neighborhood, but she is concerned about the entrance on Old Silver Star Road. She would like the City to check with FDOT to see if the entrance can be put on Silver Star Road. Ron Sutherland, resides on Florence Avenue in unincorporated Orange County, said the extra traffic will deteriorate the substandard roads coming out of the neighborhood and asked who will be responsible for repairing the roads. Lengthy discussion ensued regarding the best way to buffer the noise and the view from residential neighborhoods adjacent to the property, traffic concerns due to entry/exit on Old Silver Star Road, and possible FDOT approval of entry/exit on Silver Star Road. Page 6 of 14 City Commission Regular Meeting March 15, 2005 Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded by Commissioner Parker moved to approve the Larae-Scale Preliminary Site Plan for Grace Community of Faith Church per staff recommendations. and with the condition that as each phase Is buill it will include a masonry wall or a 40-foot landscape buffer from the riaht-of-way. beginnina with Phase 1 on the north side of the property. Motion carried 5-0. ORDINANCE SECOND READINGS 10. An Ordinance Relating to Road Impact Fees. (Community Development Director Wagner and Whit Blanton - Renaissance Planning Group) Community Development Director Wagner introduced the Impact Fee Items #10-13 and stated that after meetings with the Home Builders Association, adjustments had been made to the Fire Department and Recreation Park Impact Fees. Whit Blanton, Renaissance Planning Group, said they have been careful and thorough in their methodology and stand behind the results of their analysis. They have done comparisons locally and around the state and believe these recommended Impact Fees compare favorably. He recommends that Commission adopts the proposed fee schedule and re-assesses them every three years. A table was presented with the agenda packet showing recommended increases in road impact fees for over 40 types of residential and non-residential structures. Mayor Vandergrift opened the Public Hearing. Dennis Perez and Craig Kaminsky, Engineered Homes, asked that permits already submitted be given the current impact fees no matter how long it takes the building department to issue the permit, because he cannot start building numerous homes at once. Derek Blakeslee and Richard Irwin, Health Central, requested waiver from Impact Fees for the hospital, just as it has been done in the past. Kirk Sorenson, Government Solutions, representing the Homebuilders Association, distributed his own technical analysis, and gave various points of difference he has with the proposed fees. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded by Commissioner Johnson moved to amend Ordinance 2005-003 Section 87-9 entitled "Exemptions" Subsection (B) to Include Public Health Care Facilities to the list of tax supported aovernment structures. Section 87-9 "Exemptions", Subsection (B) is amended as follows: Publicly owned and operated buildings used for general governmental purposes, including public schools, libraries, community centers, public health care facilities defined as tax exemot bv the Orance Countv Prooertv Aooraiser. and similar tax supported structures. Building Official Phelps suggested that the City eliminate the 90 days turnaround time for the issuance of the permits, the building department is receiving a large number of permit applications due to developers trying to beat the deadlines. If they are successful at getting the permits out in 90 days, the builders would have to start construction within 180 days, before the Page 7 of 14 City Commission Regular Meeting March 15, 2005 permit expires. Mr. Phelps felt that the implementation of the new impact fees should be based on the time permit applications are received, not on the time the permits are issued by the building department. Commissioner Anderson made a motion to approve the ordinance for road impact fees per staff recommendations. and phasina in the increases bY 50% effective today. and the second 50% becomina effective after 90 days. Motion died for lack of second. Further discussion ensued. Assistant City Attorney Storey clarified the intent of the motion Commissioner Johnson was discussing, which is to include a phase-in of 50% increments only on permit applications that have already been received as of today. The new impact fees will apply to all applications submitted after March 15,2005. Commission Johnson. seconded bY Commission Parker. moved to adopt Ordinance 2005-003 on second readina. as amended. approvina the increase in road impact fees in accordance with the recommended rate schedule. effective immediately upon adoption of this ordinance. amendina Section 8 of the ordinance entitled "Effective Date" implementina a phase-in of the new fees for permit applications received prior to the adoption of this ordinance bY applyina the existina rates for permits issued between 0-90 days. existina rates plus 50% of the Increased amount for permits issued 91-180 days. and applylna the new impact fee for permits issued after 180 days. Motion carried 5-0 Section 8 of Ordinance 2005-003 is amended as follows: Effective Date. This Ordinance shall become effective immediately upon passage and adoption, provided, however, (1) that the fees in place immediately prior to the adoption of this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this Ordinance; and (2) that the fees in place immediately prior to the adoption of this Ordinance plus fifty percent (50%) of the applicable increase in such fees adopted by this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued between ninety-one (91) and one hundred eighty (180) days from the date of adoption of this Ordinance. The ordinance, as adopted on second reading, carries the following title: ORDINANCE 2005-003 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ROAD IMPACT FEES; AMENDING SECTION 87-2 OF ARTICLE I OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO INTENT, PURPOSE AND BASIS; AMENDING SECTION 87-5 OF ARTICLE I OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO ALTERNATIVE FEE CALCULATIONS; PROVIDING FOR REVIEW DEPOSITS TO BE ESTABLISHED BY RESOLUTION; AMENDING SECTION 87-9 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO EXEMPTIONS; LIMITING THE EXEMPTION FOR BUILDINGS OWNED BY CERTAIN ORGANIZATIONS; REPEALING SECTION 87-14 OF ARTICLE I OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO Page 8 of 14 City Commission Regular Meeting March 15, 2005 SCHEDULED FEES; ADOPTING A NEW SECTION 87-14 ESTABLISHING A REVISED ROAD IMPACT FEE SCHEDULE OF FEES WHICH SCHEDULE INCREASES THE ROAD IMPACT FEES PAYABLE TO THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 11. An Ordinance Relating to Recreational Park Impact Fees. (Parks and Recreation Director Farmer) Parks and Recreation Director Farmer explained how they arrived at the impact fee amounts being presented, and described the need for land, facilities, and lighting improvements. He explained that the recommended increase in fees had been reduced since the frrst reading from $1640.00 to $1560.00 per dwelling unit. Mayor Vandergrift opened the Public Hearing Derek Blakeslee, Health Central Hospital, asked again that the hospital is made exempt from impact fees. Kirk Sorenson, Government Solutions, representing the Homebuilders Association, distributed his own technical analysis, and gave various points of difference he has with the proposed fees. Veronica Royce, Parks and Recreation Board, spoke in favor of the increase in impact fees Dennis Perez, Engineered Homes, asked for the same consideration for the effective date be given on Recreational Park Impact Fees, as was given on Road Impact Fees Assistant City Attorney Storey read the proposed change to the Recreational Park Impact Fee Ordinance, 2005-002, stating that Section 5 entitled "Effective Date" shall be amended as follows: This Ordinance shall become effective immediately upon passage and adoption, provided, however, (1) that the existing fees shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this Ordinance; and (2) that the existing fees plus fifty percent (50%) of the applicable increase in fees adopted by this ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued between ninety-one (91) and one hundred eighty (180) days from the date of adoption of this Ordinance. Mayor Pro Tem Anderson closed the Public Hearing. Assistant City Attorney Storey read the title of the ordinance. Commissioner Johnson. seconded by Commissioner Parker adopted ordinance 2005-004 on second readina. increasina Recreational Park Impact Fees to J1560.00 per residential unit effectively immediately upon adoption of this ordinance. and amendina Section 5 of the ordinance in order to implement fees for the currently submitted permit applications as stated by the City Attorney. Motion carried 4-0. with Mayor Vanderarift away from the dais. Page 9 of 14 City Commission Regular Meeting March 15, 2005 The ordinance, as adopted on second reading, carries the following title: ORDINANCE 2005-004 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO RECREATIONAL PARK IMPACT FEES; AMENDING SECTION 87-18 OF ARTICLE n OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO RECREATIONAL PARK IMPACT FEES; INCREASING THE RECREATIONAL PARK IMPACT FEE PER RESIDENTIAL DWELLING UNIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 12. An Ordinance Relating to Fire Impact Fees. (Fire Chief Firstner) Fire Chief Firstner explained how they arrived at the impact fees amounts being presented, and described the need for land, facilities, and lighting improvements. He explained that recommended Fire Impact Fees have been reduced since the first reading Mayor Vandergrift opened the Public Hearing Kirk Sorenson, Government Solutions, representing the Homebuilders Association, distnbuted his own technical analysis, and gave various points of difference he has with the proposed fees. Mayor Vandergrift opened the Public Hearing Assistant City Attorney read the title of the Ordinance. Commissioner Howell. seconded bv Commissioner Johnson moved to adopt the ordinance increasing fire impact fees. without Including the new amendments to the fees that were changed since the first readlna. Motion failed 1-4. with Commissioner Anderson. Mayor Vandergrift. Commissioner Johnson. and Commission Parker opposed. Commissioner Anderson. seconded by Commissioner Parker moved to adopt ordinance 200S-00S on second reading. approving fire Impact fees. increasina fees to $636.00 per residential dwellina unit and $0.47 per square foot for nonresidential structures. and amendina Section 6 of the Ordinance entitled "Effective Date" to Include the phase-In of Impact fees for those applications received throuah March 1S. 200S. in the same manner as adopted for the Road and Recreational Park Impact Fees. Motion carried S.C). Section 6 of Ordinance 2005-005 is amended as follows: Effective Date. This Ordinance shall become effective immediately upon passage and adoption, provided, however, (1) that the fees in place immediately prior to the adoption of this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this Ordinance; and (2) that the fees in place immediately prior to the adoption of this Ordinance plus fifty percent (50%) of the applicable increase in such fees adopted by this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued between ninety-one (91) and one hundred eighty (180) days from the date of adoption of this Ordinance. Page 10 of14 City Commission Regular Meeting March 15, 2005 The ordinance, as adopted on second reading, carries the following title: ORDINANCE 2005-005 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO FIRE IMPACT FEES; AMENDING SECTION 87-28.C OF ARTICLE ill OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO INTENT, PURPOSE AND BASIS; AMENDING SECTION 87-30 OF ARTICLE ill OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO FEE SCHEDULE; CHANGING THE CALCULATION OF THE FIRE IMPACT FEE FOR RESIDENTIAL DWELLING UNITS FROM ONE BASED ON SQUARE FOOTAGE TO A FLAT RATE PER RESIDENTIAL DWELLING UNIT; INCREASING THE FIRE IMPACT FEE PER SQUARE FOOT FOR NONRESIDENTIAL STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 13. An Ordinance Relating to Police Impact Fees. (police Chief Goclon) Police Chief Goclon gave a Powerpoint presentation and explained the projection of equipment and facilities necessary to serve the anticipated growth of the City of Ocoee. Mayor Vandergrift opened the Public Hearing Kirk Sorenson, Government Solutions, representing the Homebuilders Association, distributed his own technical analysis, and gave various points of difference he has with the proposed fees. Mayor Vandergrift opened the Public Hearing Commissioner Anderson. seconded bv Commissioner Johnson adopted ordinance 2005-006 on second readina. approvina police impact fees. increasina fees to to $501.04 per residential dwellina unit and $0.33 per SQuare foot for nonresidential structures. and amendina Section 6 of the Ordinance entitled "Effective Date" to include the phase-in of impact fees for those applications received throuah March 15. 2005. in the same manner as adopted for the Road. Recreational Park Impact. and Fire Impact Fees Motion carried 5-0. Section 6 of Ordinance 2005-006 is amended as follows: Effective Date. This Ordinance shall become effective immediately upon passage and adoption, provided, however, (1) that the fees in place immediately prior to the adoption of this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this Ordinance; and (2) that the fees in place immediately prior to the adoption of this Ordinance plus fifty percent (50%) of the applicable increase in such fees adopted by this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued between ninety-one (91) and one hundred eighty (180) days from the date of adoption of this Ordinance. Page 11 of14 City Commission Regular Meeting March 15, 2005 The ordinance, as adopted on second reading, carries the following title: ORDINANCE 2005-006 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO POLICE IMPACT FEES; AMENDING SECTION 87-40.C OF ARTICLE IV OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO INTENT, PURPOSE AND BASIS; AMENDING SECTION 87-42 OF ARTICLE IV OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO FEE SCHEDULE; CHANGING THE CALCULATION OF THE POLICE IMPACT FEE FOR RESIDENTIAL DWELLING UNITS FROM ONE BASED ON SQUARE FOOTAGE TO A FLAT RATE PER RESIDENTIAL DWELLING UNIT; INCREASING THE POLICE IMPACT FEE PER SQUARE FOOT FOR NONRESIDENTIAL STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 14. Grace Community of Faith Church. (Principal Planner James) Items #14 and #15 were heard after the Consent Agenda, before Items #10 - #13 15. Grace Community of Faith Church - Large-Scale Preliminary Site Plan. (Senior Planner Fabre) Items # 14 and # 15 were heard after the Consent Agenda, before Items # 1 0 - # 13 2. Consideration for Staff to Precede with a Boundary & Topographic Survey, and Phase I Environmental Site Assessment for the FDOT Surplus Property. (Senior Planner Fabre) This item was pulled from the Consent Agenda and heard after Item #15 The City of Ocoee has petitioned Florida Department of Transportation (FOOT) for approximately four (4) acres ofland along SR 50. The City has requested this land to facilitate a future (north-south) roadway that will eventually link with the Ocoee Commons PUD Montgomery Avenue and SR 50. Specifically, the subject property is located on the north side ofSR 50 (W. Colonial Drive) and between Blackwood Avenue and Clark Road. The property physical address is 9969 W. Colonial Drive and is identified by the parcel ID # 21-22-28- 0000-00-008. City Manager Frank explained that the staff recommendation was to use Southeastern Surveying to conduct a Boundary & Topographic Survey, and to use PSI Engineering to conduct a Phase 1 environmental site assessment. Commissioner Anderson. seconded by Commissioner Johnson moved to approve expenditures of Road Impact Fees for the services of Southeastern Surveyina to conduct a Boundary & Topoaraphic Survey in an amount not to exceed $7.747.50. and to use PSI Enaineerina to conduct a Phase 1 environmental site assessment in an amount not to exceed $1.500.00. Motion carried 5-0. I G. ORDINANCE FIRST READINGS 16. An Ordinance Amending Chapter 78 of the Code of Ordinances Relating to Fire Prevention. (Fire Marshal Stanley) (Second Reading Scheduledfor April 5, 2005) City Attorney Storey read the title of the ordinance. Page 12 of 14 City Commission Regular Meeting March 15, 2005 2nd Reading and Public Hearing ofthe Ordinance is scheduled for April5, 2005, at 7: 15 p.m. or as soon thereafter as may be heard. I H. REGULAR AGENDA 17. Retaining of Special Legal Counsel for State Road 50 Community Redevelopment Agency (CRA) Matters. (City Attorney Rosenthal) City Manager Frank introduced the item and advised that we need special council who are familiar with CRA issues. The money would come out of the City's legal fees until the CRA is established. Commissioner Johnson. seconded bY Commissioner Anderson moved to approve the contract with Cardwell Law Firm for providina services of Special Leaal Counsel for State Road 50 CRA matters. Commissioner Johnson. seconded bv Commissioner Anderson moved to amend the motion to include that the City loan the CRA money for leaal fees until the CRA is established and can reimburse. Motion carried 5-0. Vote was taken on the oriainal motion. as amended. Motion carried 5-0. 18. Towns of Westyn Bay - Amended Final Subdivision Plan. (planning Manager Armstrong) **Items 18 & 19 were moved and heard before Item 16 Planning Manager Armstrong explained that the plan was approved in April 2004, and only minor changes were made to the retention pond based on St. Johns Water Management District which resulted on one of the townhome buildings being shifted to the north; everything else remains the same. Commissioner Howell. seconded by Commissioner Parker moved to approve the amended Final Subdivision Plan for Towns of Westyn Bay accordina to staff recommendations. Motion carried 5-0. 19. Citrus Medical and Executive Park - Amended Final Subdivision Plan. (Senior Planner Grimms) **Items 18 & 19 were moved and heard before Item 16 Planning Manager Armstrong explained that this was approved in 2002 and has since changed ownership and has been amended with an increase in the retention pond to compensate for a 100-year storm event. The developer requested a waiver to reduce the buffer requirement from 25 feet to 10 feet along the west property line, and has agreed to dedicate .18 acres of right- of- way along Old Winter Garden Road. Commissioner Johnson. seconded by Commissioner Anderson moved to approve the amended Final Subdivision Plan for Citrus Medical and Executive Park accordina to staff recommendations. Motion carried 5-0. Page 13 of 14 City Commission Regular Meeting March 15, 2005 20. Discussion re: Parking Lot at Comer of Bluford Avenue and McKey Street. (Public Works Director Zaitooni) Discussion tabled until the next Commission meeting. 21. Discussion re: Mosquito ControL (Public Works Director Zaitooni) Discussion tabled until the next Commission meeting. I I. STAFF REPORTS City Manager Frank distributed a memo regarding an emergency repair of Lift Station #1, in the cost of $21,853.00. Pursuant to Section 21-6 of the Code of Ordinances, emergency purchases over $15,0000.00 are approved by the City Manager and must be promptly reported to the City Commission, in writing. Mayor Vanderarift. seconded bY Commissioner Howell moved to approve the emeraency purchase for lift station #1. in the amount of $21.853.00. Motion carried 5-0. I J. COMMENTS FROM COMMISSIONERS Commission Parker - none Commissioner Johnson - 1) said there needs to be some issues discussed regarding the boat races before another one is held including parking problems, use of bathrooms, and City reimbursement for staff overtime hours spent on the set up and clean up for the event, and 2) asked that staff meet with the HOA at Windsor Landing or attend their regular meeting tomorrow night, they have issues regarding the reuse vs. potable water supply, and whether Orange County or the City should be paid for meters, hookup, etc. Commissioner Anderson- none Commissioner Howell-none Mayor Vandergrift-said he had some unofficial Ocoee Knights t-shirts made, and they are available for $10.00 at Photographics, $4.00 of which will go to directly benefit the high school. I ADJOURNMENT The meeting adjourned at 11:50 p.m. Attest: APPROVED: City of Ocoee . .~ /1 c~:: '-1 J \..~f;. { v> Ii .A-I:....JC\ ,.L...\.'::: '-1.. v...:."tl.j,,i. Beth Eikenberry, City Clerk Page 14 of 14