HomeMy WebLinkAbout08-17-04 Minutes
MINUTES OF THE OCOEE CITY COMMISSION
REGULAR SESSION AUGUST 17, 2004
CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7: 18 p.m. in the Commission
Chambers on City Hall. Commissioner Parker led the Invocation and Commissioner
Johnson led the Pledge of Allegiance to the Flag. Acting City Clerk Brasher called
roll and declared a quorum present.
Present: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker.
City Manager Frank, City Attorney Rosenthal, Acting City Clerk Brasher, Community
Development Director Wagner, Senior Planner Grimms, Public Works Director Wheeler,
Deputy Public Works Director Zaitooni, Human Resource Director Diedrich, Assistant
Chief McNeil, Chief Goclon, Building Official Phelps, and Planning Manager Armstrong.
PRESENTATIONS AND PROCLAMATIONS - None
COMMENTS FROM CITIZENS/PUBLIC
Nancy Thompson, representative from Progress Energy, gave an update on the power
restoration. Most customers' service should be restored by Thursday p.m, and all
customers in the state of Florida should have power restored by next week.
City Manager Frank presented a memo reporting the City's status since the hurricane
and he thanked Staff for all their effort. Debris management was discussed and the
approximate cost to remove the debris will be in the $40,000 range,
Without objection, City Commission agreed to have a "Disaster Debris Removal" clause
included in future waste contracts.
Commissioner Anderson, seconded by Commissioner Johnson, moved to approve
up to $50,000 from Solid Waste Continqency Fund for emerqency removal of debris for
the City residents for the next three weeks. Motion carried 5-0.
Scott Glass, Shutts & Bowen, inquired as to the status of the construction of the road,
which would connect to what is currently Old Professional Parkway. Community
Development Director Wagner said the City has sent a letter to F.D.O.T. requesting
more time to respond to their letter, and as of date, the City has had no response from
F. D. O. 1. Discussion ensued.
Commissioner Johnson suggested that Attorney Glass, City Attorney Rosenthal, City
Manager Frank, Community Development Director Wagner, and a representative from
F.D.O,T. meet to discuss this issue.
Without objection, it was the consensus of the City Commission to bring this issue back
at the next City Commission Meeting.
City Commission Regular Meeting
August 17, 2004
Frances Watts, 43 Shell Key Court, called inquiring about splitting the Kash n' Karry
building into two smaller shops. She would like to see it occupied by a food/grocery
store and a bakery or sandwich shop.
R. P. Mohnacky, 1820 Prairie Lake Blvd., inquired as to the process to remove a tree.
Commissioner Parker advised Mr. Mohnacky to contact the Building Department
regarding the issue.
Pam Helbling, 418 Calliope Street, inquired as to when the new waste service would
have the proper garbage trucks to lift the garbage carts. Deputy Public Works
Director Zaitooni said the truck should be here in about 90 days.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker
Advised homeowners to beware of a Water Quality card that was sent recently in
the mail. Do not let a sales person into your home to scare you regarding your water
quality.
Said to be sure that anyone that repairs your home has the following: 1) permit 2)
insurance 3) licensed with certificate.
Said the City of Ocoee would be hosting a Blood Drive on Thursday, August 19,
in the Community Center parking lot in the morning.
Mayor Vandergrift
Said he received an e-mail from the West Orange Chamber of Commerce
advising the following agencies are in need of assistance due to Hurricane Charley:
West Orange Service Center, Red Cross, Second Harvest Food Bank, Mustard Seed,
and the Salvation Army. He suggested setting up a canned good donation location in
the City of Ocoee. City Manager Frank said a donation location could be arranged,
Said the Ocoee Communications Department received donuts and bananas from
a City of Ocoee resident and the Communications Department wanted to thank the
unknown resident.
Said City of Ocoee Police Officer Tom Maroney wanted to thank three Police
Explorers for assisting with preparing for and during Hurricane Charley. The three who
assisted were Harrison Grogan, Brain Harris, and Scharlene Flener.
Commissioner Howell
Said several residents told him to pass a word of "thanks" on to the City of Ocoee
Police Department for helping residents during Hurricane Charley.
Mayor Vandergrift announced that Staff pulled Item C of the Consent Agenda.
CONSENT AGENDA
A. Approval and Acceptance of the Minutes of the City Commission
Regular Session of Au~ust 3. 2004. (Acting City Clerk Brasher)
B, Approval and Authorization of Forest Trails Subdivision Plat; and
Authorization for Mayor and Acting City Clerk to Execute Plat (Public
Page 2 of 13
City Commission Regular Meeting
August 17, 2004
Works Director Wheeler) (Continued from July, 2004)
This plat is for Forest Trails subdivision, which consists of 120 unit single-
family residential development with its associated roads and stormwater
management system serving the development. Forest Trails subdivision is
located on the north side of Clarcona-Ocoee Road, a quarter of a mile west of
Apopka-Vineland Road and directly across from Windstone subdivision. All
required documentation pertaining to the platting of this development has
been reviewed and approved by City staff.
C, Approval and Authorization of Ridge South Subdivision Plat; and
Authorization for Mayor and Acting City Clerk to Execute Plat. (Public
Works Director Wheeler)
This plat is for Ridge South subdivision, which consists of 2-unit single-family
homes located at the south tip of previously permitted and existing Forest
Ridge subdivision and west of the cemetery. Access to these two lots is
through Forest Ridge subdivision, which is located on the east side of
Lakewood Avenue and across from FX Scenery & Display, Inc. through
Walnut Ridge Avenue to Basking Ridge Court. All required documentation
pertaining to the platting of this development has been reviewed and
approved by City staff.
D, Approval and Authorization for Mutual Aid and Automatic Aid
Agreements for Fire Protection and Rescue Services between Orange
County and the City of Ocoee; and Authorization for Mayor and Acting
City Clerk to Execute Agreements, (Assistant Chief McNeil)
The Mutual Aid Agreement is an updated document prepared to replace the
current agreement that was executed by both parties on May 19, 1998. It
assures that both agencies comply with current NFPA Safety Standards. This
Mutual Aid Agreement gives both agencies access to additional resources
from the other agency that are not sent immediately through the Automatic
Aid Agreement. These additional resources must be requested and
authorized prior to them being dispatched to respond. The Automatic Aid
Agreement gives both agencies an immediate response of the closest
available units from either or both agencies for an emergency. The Automatic
Aid Agreement is an efficient and cost effective way for both agencies to meet
the requirements of NFPA Standard 1710, which addresses response time
and staffing levels.
E. Approval and Authorization of McKev Street Proiect Change Order #1
for the Amount of $16,025 for Gibbs & Register, Inc. for Modifications to
the Water Main and Distribution System; and Authorization for Mayor
and Acting City Clerk to Execute Change Order. (Deputy Public Works
Director Zaitooni)
Contract B04-07 was awarded to Gibbs & Register on June 15, 2004, which
included the replacement of the existing 6" water main on McKey Street. The
details of the existing water main and distribution system were relatively
unknown at the time of the design due to the age of the system. As the south
side of McKey Street was excavated, it became apparent that modifications to
Page 3 of 13
City Commission Regular Meeting
August 17, 2004
the design of the main and distribution system would be necessary. The
additional $16,025 is available from the Water R & R Funds.
F. Approval and Authorization for Increase of the Contract with Burton &
Associates. Inc. for Professional Services in the Amount of $6,765.
(Public Works Director Wheeler)
Burton & Associates, Inc, was employed in 2003 to perform a Utility Rate
Study to evaluate current and projected revenues verses expenses and to
propose a new rate structure to meet future revenues and the requirement of
water conservation inclined rate by the St. Johns River Water Management
District. During the performance of the work for that study, Burton &
Associates, Inc, was asked to perform additional work, which exceeded their
compensation amount. The Public Works-Engineering staff recommends that
the City Commission approve the increase to the contract with Burton &
Associates, Inc. for the extra work performed during the Utility Rate Study in
the amount of $6,765.
G. Approval and Authorization for Intent to Annex for Water Service; and
Authorization for Mayor and Acting City Clerk to Execute Annexation
Agreement. (Public Works Director Wheeler)
1) Arlid and Susan Johansen at 122 11th Avenue
2) Manuel Novoa at 1527 Clarcona-Ocoee Road
3) Jeffrev and Jessica Cockcroft at 1451 Clarcona-Ocoee Road
4) Christopher and Donna Metherall at 420 first Street
All applicants approached the City for utility service, The properties are
currently within Unincorporated Orange County and are not contiguous to the
City limits. However, the properties are inside the City's JPA boundary,
Water & Sewer Territorial Boundary, and City Limits. The Public Works-
Engineering Staff recommends the Mayor and City Commission approve of
this Intent to Annex.
H, Approval and Authorization of Submission of Alternative Water Supplv
Construction Cost-Sharina Grant Applications to St. Johns River Water
Management District (SJWMD) for the Waterside and Silver Glen
Subdivisions Reuse Retrofit Projects and the Construction of the Reuse
Main in the Old Winter Garden road Project. (Public Works Director
Wheeler)
The Public Works-Engineering staff has three projects, which qualify for
possible funding under the SJRWMD Alternative Water Supply Cost-Sharing
program. Those three projects are the Waterside and Silver Glen
subdivisions reuse retrofit projects and the reuse main construction under the
Old Winter Garden Road project. These projects will aide in the reduction of
potable water for irrigation and allow the city to meet its Consumptive Use
Permit with the SJRWMD, These projects are totally funded by the 2003
Utility Bond at this time,
Commissioner Parker, seconded by Commissioner Johnson. moved to approve
items A. B, 0, E, F, G. and H from the consent aqenda. Motion carried 4-0 with
Commissioner Anderson away from the dais.
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City Commission Regular Meeting
August 17, 2004
The following item was taken out of order.
OTHER BUSINESS
Request for Reduction of Fine and Release of Lien on Code Enforcement Board
Case No, 93-09, Jerry L. Jones. (Building Official Phelps)
Building Official Phelps presented the Staff Report for Code Enforcement Case No.
93-09, Jerry L. Jones. Staff's recommendation is to recoup costs involved in this case.
Jerry L. Jones, 801 W, Harbour Court, stated he needs to get a home equity loan in
order to pay the expenses of his deceased wife and he is unable to get the loan until the
lien is released.
City Attorney Rosenthal said the actual out of pocket expenses for the City was
approximately $25,000. City Attorney Rosenthal further stated that Mr. Jones
constructed a fence in the safe site triangle, which was contrary to the City Code. Mr,
Jones was brought before the Code Enforcement Board, who ordered Mr. Jones to
remove the fence and Mr. Jones refused to remove the fence. Mr. Jones challenged
the City in a number of proceedings, which took several years. In October 1999, the
Circuit Court of the Ninth Judicial Circuit in Orange County entered a Final Judgment
against Mr. Jones in the amount of $22,388.91, and interest at a rate of 10% a year and
in December 1999, a Final Judgment was entered against Mr. Jones in the amount of
$10,553, and interest at a rate of 10% a year. The City has not collected any monies
from Mr. Jones. Commissioner Johnson said he would like to see the lien released
and a reduction in fine.
Commissioner Johnson, seconded by Commissioner Howell, moved to accept
payment in the amount of $5,000 in full satisfaction of the Final Judqments issued in
connection with the City of Ocoee vs. Jerry L. Jones, Case No. C198-456 in the Circuit
Court for the Ninth Judicial Circuit, in Oranqe County, Florida, and to authorize the leqal
counsel and Mayor and City Clerk to execute all documents necessary in connection
therewith. Motion carried 4-1 with Mayor Vanderqrift votinq no.
Recess 8:30 p.m. - 8:45 p.m.
PUBLIC HEARINGS
Second Reading of Ordinances
Oak Trail Reserve PUD
Ordinance No. 2004-17, Rezoning/Land Use Plan and Development Agreement
(Community Development Director Wagner)
City Attorney Rosenthal read by title Ordinance No. 2004-17.
Community Development Director Wagner presented the staff report for the Oak
Trail Reserve PUD, Rezoning/Land Use Plan, and Development Agreement. The 38,6-
acre project is proposed to include a maximum of 60 single-family units and 80
Page 5 of 13
City Commission Regular Meeting
August 17, 2004
townhomes. This project also includes a small recreation area near the Clarke Road
entrance, and an upland buffer conservation area that will be preserved in its natural
state. Based on the recommendation of the DRC and the Planning and Zoning
Commission, Staff recommends that the Mayor and City Commission adopt Ordinance
No. 2004-17, approving the Rezoning from R-1AA to PUD and approving the Land Use
Plan for the Oak Trail Reserve PUD, as date stamped received by the City on June 24,
2004, including approval of the Development Agreement, and authorizing the Mayor
and City Clerk to execute said Agreement on behalf of the City.
City Attorney Rosenthal stated the Development Agreement takes the Conditions of
Approval and the PUD and combines them into a Development Agreement so property
owners would be on record for notice of the Conditions of Approval.
Cecelia Bonifay, representing the developer, stated she is present to answer questions
the City Commission may have.
The public hearing was opened.
Cindy Cox and Vicki Vance, representing residents residing at 9311,9317,9337,
9323, and 9335 Trout Lake Road, voiced their concerns regarding traffic, pollution,
wildlife and access off Hobson Road.
Patricia Tice, representing the developer, stated the density was shifted south so the
heavy density would be towards Clarcona-Ocoee Road and the lighter density would be
to the north. She further stated there would not be a traffic signal at Clarke Road until
there is enough volume on Clarke Road.
Robert Gonzalez, representing Center Lake Property, stated the homes would be in
the $200,000 - $300,000 price range.
R. P. Mohnacky, 1820 Prairie Lake Blvd., inquired as to the lot size of the townhomes.
Erica Thompson, 462 Fern Meadow Loop, voiced her concerns with the development
that will affect the wetlands and endangered species.
The public hearing was closed.
Commissioner Parker, seconded by Commissioner Anderson, moved to adopt
Ordinance No. 2004-17, approvinq the Rezoninq from R-1AA to PUD and approvinq the
Land Use Plan for the Oak Trail Reserve PUD, as date stamped received by the City on
June 24, 2004 and subiect to the execution of the Development Aqreement. Motion
carried 4-1 with Commissioner Howell votinq no.
Commissioner Parker, seconded by Commissioner Anderson, moved to approve the
Development Aqreement for Oak Trail Reserve PUD with Center Lake Properties, LTD.,
and authorizinq execution thereof by the Mayor and City Clerk. Motion carried 5-0.
Page 6 of 13
City Commission Regular Meeting
August 17, 2004
Westridge PUD
Ordinance No. 2004-18, Small Scale Comprehensive Plan Amendment
City Attorney Rosenthal read by title Ordinance No. 2004-18,
Community Development Director Wagner presented the staff report for the :!:8.4-
acre Parcel "A" of Westridge PUD. The amendment would change the Future Land Use
Map designation from City of Ocoee "Low Density Residential" to City of Ocoee
"Commercial". This property is located in the northwest portion of the larger Westridge
PUD. The entire project is located at the southeastern corner of the intersection of
Maguire and Moore Roads, The City has had a South Maguire Road Corridor Analysis
done for the area, While taking into consideration the comments and action of the
Planning and Zoning Commission, based on a technical analysis, Staff recommends the
Mayor and City Commission deny Ordinance No. 2004-18 that would change the future
land use classification on the :!:8.4-acre Parcel "A" of the Westridge PUD from the City
of Ocoee "Low Density Residential" to the City of Ocoee "Commercial".
Whit Blanton, representative from Renaissance Planning Group, presented the South
Maguire Road Corridor Analysis and stated that the capacity of Maguire Road will
exceed the projected capacity sooner than anticipated. Changing the zoning and
adding more intensity will exasperate the traffic capacity.
Community Development Director Wagner said this project would make the traffic
situation worse than it already is, He further stated there is :!:400,000 square feet of
property already zoned commercial and there are :!:136-acres of existing commercial
property in a 1 % mile area.
Community Development Director Wagner said Maguire Road is designed for 34,000
vehicles a day and the vehicle count is already 20,000 a day. He further stated there is
a tremendous amount of traffic coming from the surrounding areas.
For the record, Commissioner Parker stated there is development approved for this
area. Community Development Director Wagner stated 245 dwelling units were
originally approved and this project would reduce the dwelling units down to 152.
City Attorney Rosenthal announced that the following items must be considered:
1. Small Scale Comprehensive Plan Amendment
2. Revised Land Use Plan
3, Preliminary Subdivision Plan
4. Second Amendment to the Developer Agreement
If Ordinance No. 2004-18 were not passed, action would not be necessary on the other
items for consideration.
Dwight Saathoff, Akerman Senterfitt, representing the applicant, stated the applicant is
proposing construction of 152 homes with a gated community with brick walls and the
design is comparable to Belmere. Mr. Saathoff further stated the developer is willing to
Page 7 of 13
City Commission Regular Meeting
August 17, 2004
donate right-of-way on Maguire Road, donate right-of-way on Moore Road, donate ih
Avenue right-of-way, pre-pay impact fees, restrict commercial uses, and tile roofs for the
commercial property.
Brent Lacey, representing the developer, stated there is existing capacity available for
this plan.
The public hearing was opened.
Mayor Vandergrift announced that he received 19 e-mails regarding the Westridge
PUD, 10 were in favor of, and 9 were against the project.
Debra Thompson, 462 Fern Meadow Loop, spoke in opposition of any
development.
Erica Thompson, 462 Fern Meadow Loop, spoke in opposition of any
development.
Ann Popp, 1018 Parkwood Cove, Gotha, spoke in favor of the rezoning and is in
favor of the developer paving ih Avenue along as long there is curb and gutter. Ms.
Popp further stated that she has been told by Teresa Jacobs that the County will
contribute money towards the paving of ih Avenue.
Norbert Weller, 3312 Kentshire Blvd., spoke in opposition of the project.
John Andrews, 93 Braeloch Drive, presented a petition with 33 signatures of
those who are opposed to the project.
Felipe Poma, 400 Calliiope Street, spoke in opposition of the project.
Sharon Wolber, 1724 Windermere Down Place, Windermere, said she agrees
with everything that has been said and urged the Commission not to permit
development on the land.
David Godfrey, 1012 Parkwood Cove Court, spoke in favor of the rezoning.
Mary Williams, 3157 Kentshire Blvd., voiced her concerns with the commercial
property.
Donna Huebsch, 9628 Crown Prince Lane, Windermere, voiced her concerns
with the impact of this project on the area.
Toni Daylor, 10231 Windermere Chase, Gotha, voiced her concerns with the
over crowding of the schools but asked the Commission to enter into a capacity
agreement with the school board.
Scott Boyd, 7586 Sandlake Road, Orlando, spoke in favor of the rezoning.
Alice Lines, 452 Fern Meadow Loop, spoke in opposition of any commercial
development.
Rita Watson, 3071 Kentshire Blvd., spoke in opposition of the commercial
development.
Teresa Barr, 109 Braeloch Drive, spoke in opposition of the commercial
development.
Steve Lister, 450 Fern Meadow Loop, spoke in opposition of the commercial
development.
Pam Helbling, 418 Calliope Street, said the developer should not be dangling ih
Avenue in front of the City and the tax dollars received from the Windsor Landing
Page 8 of 13
City Commission Regular Meeting
August 17, 2004
Subdivision would be more than enough to cover the legal expenses for the
condemnation of the ih Avenue right-of-way.
Harry Strange, 1177 ih Avenue, spoke in favor of the commercial development
and stated his concerns regarding ih Avenue.
Larry Routherstein, 96 Braelock Drive, spoke in opposition of the commercial
development.
Dwight Saathoff, representing the developer, proposed a financial partnership with the
County regarding the paving of ih Avenue. Mr. Saathoff further stated he estimated the
costs of paving, curbs, and gutter to be between $160,000 - $200,000.
Developer Gordon Nutt, stated he would contribute $75,000 towards the costs of ih
Avenue, commit to constructing a brick wall on the south boundary extending to the
wetlands, and restrict the uses for the commercial property to a drugstore with limited
operating hours, a bank, a restaurant, or a retail store. Mr. Nutt further stated allowing
residential land use on the corner would not be a wise choice,
Dwight Saathoff said standard drugstore operating hours would be 7:00 a,m. to 11 :00
p.m. and all homes would have tile roofs.
Recess 11 :50 p,m. - 12:00 a.m.
City Attorney Rosenthal summarized the discussion between the developer and
Commissioner Anderson. The developer is willing to commit to the following:
A. Continue the existing paving and curbing south to Thornbrooke Elementary
School.
B. Based upon the County paying $40,000 towards paving costs, the developer
would pay in advance the balance in cash, up to $160,000 for a $200,000 cost
and if the project costs exceed $200,000, the developer would pay an additional
$25,000 pre-paid road impact fees.
City Attorney Rosenthal said the estimated fees are based on the assumption that the
proposed drainage plan on ih Avenue works effectively.
The public hearing was closed.
Commissioner Anderson, seconded by Mavor Vanderarift, moved to approve
Ordinance No. 2004-18, Small Scale Comprehensive Plan Amendment, subiect to
approval of Ordinance No. 2004-19, Preliminary Subdivision Plan for the Westridqe
PUD and the Second Amendment to the Second Developer Aqreement, alonq with such
chanqes to be required by the Ocoee City Commission and subiect to execution by the
Developer of the Second Amendment to the Second Developer Aqreement as approved
by the Ocoee City Commission; with the understandinq that Ordinance No, 2004-19,
Second Revised Land Use Plan Amendment and the Preliminary Subdivision Plan
would be approved per Staff recommendation with approval of all Waivers except
Page 9 of 13
City Commission Regular Meeting
August 17, 2004
Waiver #5, require the Developer to continue the brick wall alonq the southern part of
the property to the wetlands, require the Final Subdivision Plan to provide additional
bufferinq and landscapinq adioininq the Commercial and Office site on the south side of
the entry road in order to screen the Commercial/Office site from residential
development to the south, and restrict the Commercial site development with the two (2)
outer sites beinq restricted to druq store, bank, restaurant, or professional office use;
the middle Commercial site beinq restricted to only restaurant or retail; and with the
restriction of druq store hours of operation beinq 7:00 a.m. to 11 :00 p.m.; require tile
roofs on all homes and with the developer makinq a contribution towards the cost of
payinq ih Avenue with curb and qutter and sidewalks on both sides of the street. based
upon the County pavinq the first $40,000, the Developer payinq proiect costs up to
$200,000 or $160,000 cash and if the proiect costs exceed $160,000 the Developer will
pay an additional $25,000 in Road Impact Fee credits for a total of $225,000 and with
the City of Ocoee beinq responsible for any costs in excess thereof and with the timinq
of any cash payment beinq 30 days after the approval of the Ordinance, which would be
the expiration of the appeal period, which would also be contemporaneous with the
conveyance of the ih Avenue riqht-of-way, with no appeal pendinq, and with the
additional requirement that if a 30 day appeal is presented, the Ocoee City Commission
would reqroup. Motion carried 3-2 with Commissioners Howell and Johnson votinq no.
Ordinance No. 2004-19, Second Revised Land Use Plan Amendment
City Attorney Rosenthal read by title Ordinance No. 2004-19, City Attorney
Rosenthal further stated that all comments from the previous public hearing regarding
Ordinance No. 2004-18 and Staff comments would carry forward to Ordinance No.
2004-19 and the recommendation of approval would include additional revisions.
Community Development Director Wagner presented the staff report for Ordinance
No. 2004-19, Second Revised Land Use Plan Amendment.
The public hearing was opened and it was noted that the comments made from
the previous public hearing regarding Ordinance No. 2004-18 were carried
forward to apply to this ordinance as well. The public hearing was closed.
Commissioner Anderson, seconded by Mavor Vanderarift, moved to approve
Ordinance No. 2004-19, Second Revised Land Use Plan Amendment. with the followinq
chanqes beinq made to the Land Use Plan and Conditions of Approval and with the
provision that the text of the chanqes be subiect to approval of the Community
Development Director and the City Attorney and the chanqes would be: approval of all
Waivers except Waiver #5, require the Developer to continue the brick wall alonq the
southern part of the property to the wetlands, require the Final Subdivision Plan provide
additional bufferinq and landscapinq adioininq the Commercial and Office site on the
south side of the entry road in order to screen the Commercial/Office site from
residential development to the south, and restrict the Commercial site development with
the two (2) outer sites beinq restricted to druq store, bank, restaurant. or professional
office use; the middle Commercial site beinq restricted to only restaurant or retail and
with the restriction of druq store hours of operation beinq 7:00 a.m. to 11 :00 p.m.;
Page 10 of 13
City Commission Regular Meeting
August 17, 2004
require tile roofs on all homes as well as the commercial and office properties in the
PUD and with the developer makina a contribution towards the cost of pavina ih
Avenue with curb and autter and sidewalks on both sides of the street, based upon the
County payina the first $40.000, the Developer payina proiect costs UP to $200,000 or
$160,000 cash and if the proiect costs exceed $160,000 the Developer will pay an
additional $25,000 in Road Impact Fee credits for a total of $225.000 and with the City
of Ocoee beina responsible for any costs in excess thereof and with the timina of any
cash payment beina 30 days after the approval of the Ordinance, which would be the
expiration of the appeal period, which would also be contemporaneous with the
conveyance of the ih Avenue riaht-of-way, with no appeal pendina and with the
additional requirement that if a 30 day appeal is presented, the Ocoee City Commission
would rearoup, subiect to the approval of the Second Amendment to the Second
Developer Aareement, consistent with these revisions. Motion carried 4-0 with
Commissioner Johnson away from the dais.
Preliminary Subdivision Plan
The public hearing was opened and it was noted that the comments made from
the previous public hearing regarding Ordinance No. 2004-18 and Ordinance No.
2004-19 were carried forward to apply to this public hearing as well. The public
hearing was closed.
Mavor VanderQrift, seconded by Commissioner Parker, moved to approve the
Preliminary Subdivision Plan for Westridae PUD, as date stamped received by the City
on June 25. 2004, with the condition that the Preliminary Subdivision Plan be revised to
be consistent with the Land Use Plan and the Conditions of Approval as set forth in
Ordinance No. 2004-19. Motion carried 4-0 with Commissioner Johnson away from the
dais.
Second Amendment to Second Developer AQreement
Commissioner Anderson, seconded by Commissioner Parker, moved to approve the
Second Amendment to Second Developer Aareement with Devworth Properties. Inc.
and Glenmuir Properties, Ltd., and the City of Ocoee with the provision that the Second
Amendment be revised so as to be consistent with Ordinance No. 2004-18. Ordinance
No. 2004-19, and the Preliminary Subdivision Plan for the Westridae PUD with the
revisions beina subiect to the approval of the Community Development Director and the
City Attorney and the revised Second Amendment be executed by the Developer, and
authorizina the execution thereof by the Mayor and City Clerk. Motion carried 4-1 with
Commissioner Johnson votinq no.
Recess 11:50 p.m. to 12:00 a.m.
Ocoee Crown Point PUD
Ordinance No. 2004-16, Land Use Plan/Preliminary Subdivision Plan Amendment
(Poer Property Addition),
Page 11 of 13
City Commission Regular Meeting
August 17, 2004
City Attorney Rosenthal read by title Ordinance No. 2004-16.
Community Development Director Wagner presented the Staff report for Ordinance
No. 2004-16.
The public hearing was opened, as no one wished to speak, the public hearing
was closed.
Commissioner Parker, seconded by Commissioner Anderson, moved to approve
Ordinance No. 2004-16, Ocoee Crown Point PUD Land Use Plan/Preliminary
Subdivision Plan as amended on June 15, 2004, and date stamped received by the City
on June 17,2004. Motion carried 3-0 with Mayor Vanderqrift and Commissioner Howell
away from the dais.
Second Amendment to Declaration of conditions of Approval
Commissioner Parker, seconded by Commissioner Johnson, moved to approve the
Second Amendment to Declaration of Conditions of Approval per Staff recommendation
and authorize execution by the Mayor and City Clerk. Motion carried 3-0 with Mayor
Vanderqrift and Commissioner Howell away from the dais.
STAFF REPORTS
City Manager Frank - None
COMMENTS FROM COMMISSIONERS
Commissioner Howell - None
Commissioner Anderson - None
Commissioner Johnson
Said a golf tournament will be held on Friday, September 10, 12:30 p.m, at Forest Lake
Golf Course as a fundraiser for Teresa Braddy-Bagwell and sponsors are needed.
Commissioner Anderson said he would sponsor this event.
Commissioner Parker
Said the Log Run Court drainage issue has been resolved and there is an excess of
$10,000 and she would like to use $7,000 to resurface the cul-de-sac on Log Run
Court.
Commissioner Parker, seconded by Commissioner Anderson, moved to approve up
~$7,000 for the resurfacinq of the Loq Run Court cul-de-sac from the remaininq funds
from the Loq Run Court drainaqe proiect. Motion carried 3-0 with Mayor Vanderqrift
and Commissioner Howell away from the dais.
Mayor Vandergrift
Asked Staff to look into the flooding issue in Windsor Landing Subdivision.
Page 12 of 13
City Commission Regular Meeting
August 17, 2004
ADJOURN
The meeting adjourned at 12:40 a.m.
Attest:
~~~
Brenda Brasher, Acting City Clerk
APPROVED:
City of Ocoee
..c--:-'~'<~ l ( L_--
.-;-) :::...;) ...-V\ /hL. ~)vv ,,/
S. Scott Vandergrift, Mayor i
Page 13 of 13