HomeMy WebLinkAbout01-18-05 Minutes
MINUTES
OCOEE CITY COMMISSION
January 18, 2005 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Pro Tem Anderson called the regular session to order at 7:15 p.rn. in the Commission
Chambers of City Hall. Commissioner Parker gave the Invocation and Rosemary Wilsen led
the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum
present.
Roll Call: Mayor Vandergrift (absent), 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
Presentation of Sgt. Mike Alexander to City Commission for Promotion from Officer to
Sergeant. (Police Chief Goclon)
Presentation - CACOFDI Fully Involved Program. (Fire Chief Firstner)
I C. COMMENTS FROM CITIZENSIPUBLIC
The following residents spoke on the issue ofForestbrooke:
1. William Flannigan, Jamber Drive
2. Kris Bauske, 238 Beacon Point Drive
3. W. Martin Davison, 3193 Jamber Drive
4. Ron Barrett, 3130 Jamber Drive
Residents complained that they were told this would be a gated community with swing gates, and
fully secluded by walls. They were told the tollgates were temporary until construction was
completed. They are now being advised that the tollgates will remain, and there will be no
further construction of swing gates, exterior walls, or fencing.
Consensus of the Commission was to have staff and the City Attorney strategize about what
can be done with the issues of gates and security and other LDR inconsistencies that exist in
Forestbrooke, and how to assist residents in getting what they were promised by the developer.
Direction was given by Commissioner Parker for staff to review and tighten the ordinance so that
this does not occur in the future.
The following residents spoke on the issue ofWestyn Bay:
1. Barry Bunn, 2555 Azzurra Lane
2. Gary Baugh, 2400 Azzurra Lane
3. James and Cindy Morgan, 2450 Azzura Lane
4. Robert White, 700 Magenta Drive
Community Development Director Wagner and City Attorney Rosenthal addressed two
main areas of concern: 1) The developer allowing other residential sections (Cambridge Homes,
Eagles Landings, and the townhomes now being built) to become a part of the Westyn Bay gated
community and share amenities. City Attorney Rosenthal said the original developer
City Commission Regular Meeting
January 18, 2005
agreement with the City of Ocoee predates the existing developer's ownership of the property
and the agreement provided for a second access road or alternatively an access road through
Eagles Landing. There is nothing that can be done unless residents want to take recourse with
the builders if a misrepresentation was made to them as potential buyers. Community
Development Director Wagner said the townhouses have been approved and there will be a
pedestrian access gate into Westyn Bay. 2) The block wall that was supposed to go around
Westyn Bay has never been completed. Community Development Director Wagner said he
will check into the status of the wall. Consensus of the Commission was to have Commissioner
Howell meet with residents and discuss issues regarding the wall, parking around shared
amenities, and the possibility of changing the notification process to residents. Community
Development Director Wagner said there may be a provision in the Code where we can revisit
the issue of parking if there is not an adequate amount, but that issue would probably best be
handled through the developer since it is all completely on private property.
Rosemary Wilsen, 1019 Shady Maple Circle, said that she is still having problems with garbage
not being picked up, it was missed again twice last month. She asked about status with the
City's contracted garbage hauler. Public Works Director Zaitooni said they are being
monitored and their performance has improved, and they will pay penalties if there is no
justifiable explanation as to why pickups were late or missed.
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Howell- none
Commissioner Parker - none
Commissioner Johnson - none
Mayor Pro Tern Anderson - said the State of the City address was well done, and thanked
Mike Armbruster, Frances Watts, Jean Grafton, Mr. and Mrs Hendrix, Mr. and Mrs. Woodson,
and all who attended the address.
I E. CONSENT AGENDA
I. Approval and Acceptance of the Regular City Commission Minutes of January 4, 2005.
(City Clerk Eikenberry)
2. Appointlllent of Sally Laub I and Sally Miller to the Citizen AdvisoryCOllllCil for
OcoeeFire Department(C ). (City Clerk Eikenberry)
Two applications were recently submitted for the Citizen Advisory Council for Ocoee Fire Department
(CACOFD); therefore, staff recommends the City Commission consider appointing Sally Laubenthal and Sally
Miller to the Citizen Advisory Council for Ocoee Fire Department with terms ending November 1,2008.
3. Considel'atiO]rto Reorganize tilities/Engineel'il1gDepartlllent. (Human Resource
Dire.ctor Diedrich)
The City currently operates the Utilities and Engineering functions under a single department. After evaluation
by DRMP consultant Charles Smith, the City Manager has determined to reorganize the UtilitieslEngineering
Department by establishing a separate Utilities Department and Department of Engineering.
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City Commission Regular Meeting
January 18,2005
4. COllsiderationof Approval for.FireDepartDlent to Transfer Funds For the Purchase of
Laptop Computers (MDTs).(Fire Chief Firstner)
The FY2004-05 budget approved $31,300 in account 001-522-00-6405 for the purchase of six (6) laptop
computers (MDTs) and supporting equipment and software to be installed in Fire Department response
vehicles. Due to improved technology and the decision to purchase more durable equipment, the actual current
cost of the equipment is $35,850. This creates a shortfall of $4,550 in account 001-522-00-6405.
5. C ideration of/County Wide Compliance Review Board Interlocal Agreement.
ding Official Phelps)
The Florida Building Code Act of 1998 created a unified state wide building code to be uniformly in effect
throughout the state of Florida beginning January 1, 2002. Section 553.37(4)(b)(7), Florida Statutes, required
each county and municipality desiring to make local technical amendments to the Florida Building Code to
establish, by interlocal agreement, a countywide compliance review board to review any amendment to the
Florida Building code.
6. COllsideration to AuthoriZe $42,000 from Stormwater COBtiBgeBeyProject FUllds for
Replacement of 220 Feet of StormwaterPipes on Flewelling Avenue; and Approval to
Award Bid to Ranger Construction Illdustries,Inc. (Public Works Director Zaitooni)
The existing stormwater pipes have failed causing considerable erosion and flooding problems. Public Works
has made temporary repairs, however, permanent replacement is needed prior to the next rainy season to avoid
major flooding and erosion. Investigations show that 220' of pipe must be replaced. Staff solicited 3 quotes with
the lowest quote from Ranger Construction Industries, Inc. at $39,840.05.
7. Consideration to Authorize $10,000 from Stormwater COlltingencYlfunds for Repairs
to 54"RCP P and Drainage Junction Box at.J603 Ison. Lane;iand Approval to
Award Bid to ler Pipeline Corporation. (public Works Director Zaitooni)
The 54" RCP drainage pipe and junction box have separated at various joints resulting in underground low
discharge causing considerable depression effecting the easement and private property at 1603 Ison Lane. Due
to the depth (over 20' deep) of the pipe and the junction box, out-sourcing to a specialized contractor is
necessary. At least 3 specialized contractors were contacted with only one contractor, Miller Pipeline
Corporation responding.
&., Consideration to Authorize. Demolition and Disposal of City Owned Homes at 20 West
MCl{ey, 28 West McKey, and 201 N. Bluford Avenue. (public Works Director
Zaitooni)
The condition of homes at 20 W. McKey and 28 W. McKey has deteriorated requiring constant maintenance
and causing potential hazard and unsafe conditions. The newly purchased property at 201 N. Bluford Avenue
was purchased for the purpose of constructing a storm water pond. Staff is requesting authorization to demolish
and dispose of all 3 residential dwellings as time permits.
9. Gonsideration to Approve $4000.00ffom the Stormw;lter Operating Contingency fund
for Sodding of Maflelle Pond; ..andApproval. to Purchase Sod from S&K Sod .Company,
Inc. (public Works DirectorZaitooni)
The modifications and final grading of the pond are nearly complete and ready to be sodded. The project funds
authorized by the City Commission on February 17, 2004, from the stormwater operating contingency funds
were not carried forward to the current fiscal year and the remaining unused balance ($6,780) was rolled into
the current year storm water operating contingency funds. The cost of sodding the banks of the pond and seeding
the bottom is estimated at $2,000. An additional $2,000 is needed to construct a concrete access for the heavy
maintenance vehicles and installing a gate.
10. Authorize Sileof City Property (Public Works Fleet Yard) at 370 Enterprise Street,
Ocoee, FL 761; and Auth e A rtisement for Bid. . irector
Zaitooni)
City's fiscal year 04/05 budget contemplated sale of the existing Public Works Fleet property at 370 Enterprise
Street and to use the proceeds to build a new Public Works building and fuel station at Public Works property at
301 Maguire Road. The property has been appraised at a value of$525,000.
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City Commission Regular Meeting
January 18, 2005
II. Consideration of 3- Year LeaselPurchase of New Police Vehicles alGo'V'erl1tIlent
Equipment for FY 04/05. (purchasing Agent Tolbert)
The budget for Fiscal Year 04/05 includes the lease-purchase of police vehicles and equipment for general
government for the Police and IS/General Government departments. The State of Florida and the Florida
Sheriffs Association (FSA) & Florida Association of Counties/Florida Fire Chiefs Association bids were
reviewed for the best pricing based on factors such as price and options available. Staff recommends that the
City Commission 1) Approve piggybacking on the Florida Sheriffs Association & Florida Association of
Counties, and the State of Florida contracts for the listed vehicles, and 2) Authorize staff to secure financing
through Suntrust Bank for the vehicles and equipment listed, and authorize the Mayor, City Clerk, and Staff to
execute the lease-purchase agreement and related documents prior to the January 31,2005, closing date.
Consf!l1tAaenda Vote:
Mayor Pro Tem Anderson, seconded by Commissioner Howell. moved to pass
Consent Aaenda Items #1 - #11 as presented, with corrections on Item #9 and
Item #10 pulled to be heard separately. Motion carried 3- 0, with Mayor
Vanderarift absent and Commissioner Johnson away from the dais.
I F. PUBLIC HEARINGS
ORDINANCES FIRST READING
12. An Ordinance Relating to Road Impact Fees. (Community Development Director
Wagner)
Whit Blanton, Renaissance Planning Group, gave a Power Point presentation of the proposed
changes in Road Impact Fees, a summary of increased costs, and comparisons to other Cities. A
table was presented showing recommended increases in impact fees for over 40 types of
residential and non-residential structures. Recommended increases for all were over 100%.
City Attorney Rosenthal read the title of the Ordinance.
Mayor Pro Tem Anderson opened the Public Hearing.
Ron McKey- Homebuilders Association of Central Orlando, expressed concerns over proposed
impact fees, asked for time to research staffs figures and discuss them with staff and asked if
impact fees could be phased in one-third at a time.
Bill Fagen - Ocoee Commons, asked how these impact fees would apply to his project, which is
already in progress. City Attorney Rosenthal clarified that the ordinance stated if someone has
a building permit application in the City on the day of the adoption of the ordinance, and receives
the building permit within 90 days of the adoption, they will pay impact fees under the old fee
schedules.
Public Hearing was closed.
Consensus of the Commission. without obiection. was to have staff set UP
meetinas with Homebuilders Association and Developers, the first meetina within
the next two weeks. The second readina and Public Hearina of the Impact Fee
Ordinances should take place on March 15. 2005.
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City Commission Regular Meeting
January 18,2005
An Ordinance Relating to Recreational Impact Fees. (Parks and Recreation
Director Farmer)
Parks and Recreation Director Farmer gave a Power Point presentation of the proposed
changes in Impact Fees, and a summary of increased costs, and comparisons to other Cities. The
recommended increase was from $500.00 to $1,640.00 per dwelling unit.
City Attorney Rosenthal read the title of the Ordinance.
Mayor Pro Tem Anderson opened the Public Hearing. Those with questions regarding impact
fees spoke under item #12. No one wished to make further comments under this item. The
Public Hearing was closed.
. e Sal
FL 3
Zaitoo .
14
City's fiscal year 04/05 budget contemplated sale of the existing Public Works Fleet property at 370 Enterprise
Street and to use the proceeds to build a new Public Works building and fuel station at Public Works property at
301 Maguire Road. The property has been appraised at a value of$525,000.
Yard) at 370 Ent
Bid. (Public
rise Street,
or
13&
Commissioner Johnson, seconded by Mayor Pro Tem Anderson. moved to
authorize the sale of City Property and authorize advertisement for bid. amendina
the minimum bid requirement to $600,000.00. Motion carried 4- O.
Commissioner Johnson left the meeting at 9:55 p.m.
14. An Ordinance Relating to Fire Impact Fees. (Fire Chief Firstner)
Fire Chief Firstner gave a Power Point presentation of the proposed changes in Impact Fees, a
summary of increased costs, and comparisons to other Cities. The recommended increase was
from $0.182 per square foot to $672.00 flat fee for residential, and from $0.284 per square foot
to $0.50 per square foot for non-residential.
City Attorney Rosenthal read the title of the Ordinance.
Mayor Pro Tem Anderson opened the Public Hearing. Those with questions regarding impact
fees spoke under item #12. No one wished to make further comments under this item. The
Public Hearing was closed.
15. An Ordinance Relatillgto Police Impact Fees. (Police Chief Goclon)
Police Chief Goclon gave a Power Point presentation of the proposed changes in Impact Fees, a
summary of increased costs, and comparisons to other Cities. The recommended increases were
from $172 for a 2000 sq ft home (8.6~ per square foot) to $501.04 per dwelling unit for
residential and from 9.7~ per square foot to 33~ per square foot for non-residential
City Attorney Rosenthal read the title of the Ordinance.
Mayor Pro Tem Anderson opened the Public Hearing. Those with questions regarding impact
fees spoke under item #12. No one wished to make further comments under this item. The
Public Hearing was closed.
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City Commission Regular Meeting
January 18, 2005
I G. REGULAR AGENDA
-Enactment ofEscalationCHt1.lse. (City Engineer
a rector ic Utilit heeler)
No additional action was necessary. The Consensus of the Commission was to go ahead with the
adjustment in water and sewer capital charges in compliance with Chapter 173, Paragraph 21 and
Paragraph 37.
I H. STAFF REPORTS
City Manager Frank reminded everyone that the meeting for the Northwest Area Study will be
January 24, 2005, at 6:30 p.m.
I I. COMMENTS FROM COMMISSIONERS
Commissioner Parker - none
Commissioner Howell - none
Mayor Pro Tern Anderson - 1) reminded everyone about the Town Hall Meeting, tomorrow
night at 6:00 p.m. in the Commission Conference Room with State Rep. Brummer, 2) said Friday
he would be able to Judge the Community Champions awards if the Mayor is unable to attend, 3)
thanked staff for the great job on the State of the City Address, and 4) wished Mayor Vandergrift
well.
I ADJOURNMENT
The meeting adjourned at 10:50 p.m.
Attest:
APPROVED:
City of Ocoee
t,
S5~aJ,21
S. Scott Vandergrift, Mayor \1
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