HomeMy WebLinkAbout05-04-04 Minutes
MINUTES OF THE OCOEE CITY COMMISSION
REGULAR SESSION HELD MAY 4, 2004
CALL TO ORDER
Commissioner Parker called the regular session to order at 7:20 p.m. in the Connnission
Chambers in City Hall. Frances Watts led in the Pledge of Allegiance to the Flag. City Clerk
Grafton called the roll and declared a quorum present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also
present were City Attorney Rosenthal, City Clerk Grafton, Human Resources Director Diedrich,
Building Official Phelps, Connnunity Development Director Wagner, Parks/Recreation Director
Farmer, Police Chief Goclon, Principal Planner James, Public Works Director Wheeler, and
Engineering Consultant Tom Kelly.
ABSENT: None
Non-Agenda Item
Senator Gary Siplin, District 19, thanked the Connnission for its support in the dedication of
the Martin L. King, Jr. Drive ceremony and gave a review of the programs approved by the
Legislature this session.
PRESENTATIONS AND PROCLAMATIONS
Proclamation: National Public Works Week - May 16 - May 22,2004.
Public Works Director Wheeler was present to accept the Proclamation after Mayor
Vandergrift read it.
COMMENTS FROM CITIZENS/PUBLIC
Richard Doss, 576 Kissinnnee Avenue, said the Hartle Bowness Road signs have been removed
and it is important for the founders of this City to be remembered. Public Works Director
Wheeler said he would check into the matter and see that they were put back in place.
Frances Watts, 43 Shell Key Court, said she would be out of town when the next meeting is
held and she asked if it would be possible to get another grocery store in the place vacated by
Kash n' Karry. She said also the Connnission needed to pay attention to the citizen who
encouraged using a citizen advisory connnittee in choosing a city manager.
R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked if any of the candidates for the city
manager position were on staff and he encouraged the Connnission to consider someone who
was already familiar with the locale and employees.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Johnson said the Innovative Connnittee needs to meet within this week and said
he would ask Gequita to schedule it.
City Commission Regnlar Meeting
May 4, 2004
Mayor Vandergrift said he had 10 tickets to the West Orange Chamber Best Fest May 13 at
$26 each. Commissioner Johnson. seconded bv Commissioner Anderson. moved to ourchase
the tickets and l!ive them to staff. Motion carried 5-0.
Mayor Vandergrift announced the lights are up for the football field at the new high school and
six of the ten buildings have walls up already,
Commissioner Johnson said the letter from Winter Garden officials opposing the naming of the
new school Ocoee High School had been received and he objected to their opinions. He asked
that this body address the issue, saying he would be happy to attend their meeting and speak.
Mayor Vandergrift reviewed the procedure for the naming of a school and discussion ensued
about the amount of money this Commission has saved the Orange County School Board in
acquiring the land and preparing the access road to the school site, while other communities have
no investment at all in the project. He encouraged the Commissioners to write letters and send e-
mails to the Winter Garden officials,
CONSENT AGENDA
The consent agenda consisted of items A, B, C, and D.
Commissioner Anderson. seconded bv Commissioner Johnson. moved to aoorove the consent
al!enda as oresented. Motion carried 5-0.
A. Approval and Acceptance of Minutes of City Commission Regular Meeting of April
20, 2004. (City Clerk Grafton)
B. Approval and Authorization for the Process Hazard Analysis at 1800 A.D. Mims
Road Wastewater Treatment Facility and the Decommissioning of the Jamela
Water Treatment Plant as Proposed by Golder and Associates. (Public Works
Director Wheeler)
Approval of $13,225 from Water Contingency Fund for the Process Safety Management and the Risk
Management Plan for the chlorine processes at the Wastewater Treatment Plant and the decommissioning
of the Jamela Water Treatment Plant as proposed by Golder and Associates. Staff recommends that the
City Commission approve the proposed scope of work from Golder and Associates and that the work be
implemented as quickly as possible as the five-year anniversary for submittals is JWle 21, 2004.
C. Approval and Authorization for Design Service Group, Inc. to Perform the Design
of the Upsizing of the Reuse Main and New Master Force Main through the Ocoee
Commons PUD Development; and Authorization to Award $10,950 from the Waste
Water Capital Funds Account to Fund the Project. (Public Works Director
Wheeler)
Design Service Group, Inc. proposed fee for the design and permitting of the pipeline projects is $9,950
plus expenses. It is anticipated that those cost expenses will not exceed $1,000. Therefore the projected
design services will not exceed $10,950,
D. Approval and Authorization to Award the Construction Contract for the Reclaimed
Water Booster Pumpin2 Facility Proiect to Prime Construction Group, Inc.; and
Authorize Mayor and City Clerk to Execute a Contract with Prime Construction
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City Commission Regular Meeting
May 4, 2004
Group, Inc. in the Amount of $1,097,000 for the Reclaimed Water Booster Pumping
Facility Project. (Public Works Director Wheeler)
The overall project cost for this project is approximately $1,600,000. The land purchase was
approximately $300,000, the design and construction services are approximately $200,000, and the
construction cost is $1,097,000. The project will be funded from the 1997 Utility Bond Issue and in
accordance with the following steps: 1) Public Works Department executes the Notices of Intent to Award
and secures executed contract documents, bonds, and insurance from the contractor. 2) The Mayor and
City Clerk execute the contracts with Prime Construction Group, Inc. at such time as the contract
documents are reviewed for compliance by staff and legal counsel, as needed.
PUBLIC HEARINGS
Ordinance No. 2004-08 - Revision to Citv Code Chapter 173, Water and Sewer
Adjustments to Utility Bills for Swimming Pools and Water Leaks. (Third Reading of
Ordinance No. 2004-08 due to Advertisement Requirements not met for Second Reading).
(Public Works Director Wheeler)
City Attorney Rosenthal read the title only of the Ordinance. Public Works Director
Wheeler summarized the purpose of the Ordinance and eXplained the required advertising had
not been in the paper prior to the second reading, but had been taken care of at least 10 days
before this third reading.
The public hearing was opened and, as no one wished to speak, was closed.
Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to adont Ordinance No.
2004-08 as nresented. Motion carried 5-0. Commissioner Anderson said he would like to
readdress this issue when the Landscaping Committee is ready to make their presentation.
Crestwood Commons (tlkla Ocoee Commons Tract C) - Proiect #LS-03-007 - Preliminary
Subdivision Plan. (Community Development Director Wagner)
Community Development Director Wagner gave the staff report, displaying the details on the
overhead. Crestwood Commons is a townhome community including 97 units which will
occupy Tract 'c' of the Ocoee Commons PUD. It includes about 14.4 acres (6.7 units/acre) and
is located east of Blackwood Avenue and north ofSR 50. Mr. Wagner reported that, after
discussion, both the DRC and Planning and Zoning Commission recommended approval.
Commissioner Anderson asked about single story flats. John Walls, representing Morrison
Homes, the developer, responded there are both single- and two-story buildings.
The public hearing was opened.
Jose Iglesias, 400 Misty Meadows, said he could not distinguish any of the details on the
overhead and anytime information is to be shared with the public it should be in a form the
public can see. He expressed concern that on the plans that were clear enough to see there was
not enough information to allow the viewer to recognize the location. Mayor Vandergrift said
that was a technical problem and if Mr. Iglesias had any solutions they would be welcome.
The public hearing was closed.
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City Commission Regular Meeting
May 4, 2004
Commissioner Anderson. seconded bv Commissioner Johnson. moved to aoorove the
PreliminarY Subdivision Plan for Crestwood Connnons. as date stamoed received bv the Citv on
AoriI6.2004. Motion carried 4-0. Mayor Vandergrift was away from the dais.
Poer Property - Project #AX-03-12-14 - Transmittal Public Hearin2 Ordinance No. 2004-
09. (Community Development Director Wagner)
This Ordinance transmits to the Department of Commun~ty Affairs the proposed large-scale
comprehensive plan amendment designating the Poer property as Low Density Residential and
ConservationIFloodplains.
City Attorney Rosenthal read the title only of the Ordinance. Community Development
Director Wagner gave the staff report, displaying the details on the overhead. The subject
property abuts the southern boundary of the Ocoee Crown Point PUD, is 2,000 feet west of the
State Road 429 (Western Expressway) overpass at Fuller's Cross-East Crown Point Roads, and
was originally located in the Orange County-Winter Garden Joint Planning Area (JP A) in
unincorporated Orange County. Through coordination with the City of Winter Garden and
Orange County the property was moved from that designation to the Orange County-Ocoee JP A.
The Orange County Board of County Commissioners approved this JP A amendment April 6,
2004. This amendment incorporated the Poer Property into the Joint Planning Area and changed
the land use to Low Density Residential. Mr. Wagner reviewed the impacts ofthis amendment
on the infrastructure and reported the recommendation of the Planning and Zoning Connnission
was to transmit the proposed large-scale comprehensive plan amendment.
The public hearing was opened and, as no one wished to speak, was closed.
Commissioner Anderson. seconded bv Commissioner Johnson. moved to transmit the
orooosed Larl!e-Scale Comorehensive Plan Amendment chanl!inl! the future land use
classification on the 29.95 acre Poer Prooertv from Oranl!e Countv "Rural Al!ficulture" to Citv
of Ocoee "Low Densitv Residential" and "ConservationlFloodolains" Future Land Use
classification. Motion carried 5-0.
Discussion was opened regarding the need for recreation facilities and about the use of the Poer
Property for a ball field. As there were different views expressed as to the topography being
suitable for such use, Commissioner Johnson said he wants to have the experts look at it and
give the City a price,
OTHER BUSINESS
Adair Point - Proiect #LS-02-008 - Final Subdivision Plan. (Community Development Director
Wagner)
Community Development Director Wagner gave the staff report. The Adair Pointe property
includes 11 lots on 3.52 acres ofland located on the east side of Adair Street approximately
1,400 feet north of Wurst Road, between Vignetti Park and Sorenson Field. Mr. Wagner said
the Planning and Zoning Commission had a lengthy discussion regarding trees and had
reconnnended requiring more trees along the north side of the retention pond than were on the
plan.
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City Commission Regular Meeting
May 4, 2004
Commissioner Howell. seconded bv Commissioner Parker. moved to aoorove the Final
Subdivision Plan for Adair Pointe Subdivision as date stamned received bv the Citv on Anril 7.
2004. with five (5) trees (4 'DBH) to be olanted alofil! the north side of the retention oond.
instead oftwo (2) trees as currentlv shown on the olano Motion carried 5-0.
Merideth Retail Office - Proiect #SS-2003-013 - Small-Scale Site Plan Waivers.
(Community Development Director Wagner)
The proposed Merideth Retail Office building will be a one story, 5,500 square feet retail (3,500
sq. ft.) and office (2,000 sq. ft.) building, located at the southeast quadrant of the intersection of
State /Road 50 and Old Winter Garden Road, on a 0.95 acre parcel.
Community Development Director Wagner gave the staff report, listing the seven (7) waiver
requests made by the applicant claiming difficulties due to the shape and size of the parcel.
Waiver #1 - Request from Minimum Building Setback on Old Winter Garden Road: to reduce
the building setback requirement from an arterial road (Old Winter Garden Road) from 50 feet to
27 feet from the edge of the existing right-of-way and to 15 feet from the edge of the future
widened right-of-way.
Waiver # 2 - Request from Minimum Building Setback on Central Commerce Lane: to reduce
the building setback requirement from a local street (Central Commerce Lane) from 25 feet to 15
feet from the edge of the right-of-way.
Waiver # 3 - Request from Number of Access Driveways within 300 Feet for a Local Street: to
allow two (2) access driveways less than 300 feet apart (approximately 100 feet apart) on Central
Commerce lane, a local street.
Waiver # 4 - Request from Minimum Distance Between Access Driveway and Arterial
Intersection: to allow a reduction in the required minimum distance of 350 feet between an
access driveway and an arterial roadway intersections. Both access driveways serving the parcel
are less than 350 feet. The north entrance is 85 feet from State Road 50 and the south entrance is
163 feet from Old Winter Garden Road.
Waiver # 5 - Request from 40-foot Radii Required for Access driveway: to allow a reduction in
the required access driveway radii from 40 feet to 25 feet for both entrances.
Waiver # 6 - Request from Minimum 25-foot landscape Buffer Along Primary Streets: to allow a
reduction in the required minimum 25-foot landscape buffer along State Road 50 and along Old
Winter Garden Road to 15 feet at the retention pond edge only, to allow for sodded pond slopes
to encroach into the buffer.
Waiver # 7 - Request from Maximum of One (1) Free-Standing Sign per Lot: to allow two (2)
free-standing signs for this site instead of one (1) free-standing sign normally allowed per lot.
To justify all of the waivers, the applicant has indicated that he is dedicating to the City the 12
feet of additional road right-of-way for future road widening along Old Winter Garden Road and
25-foot radii at the intersections ofS,R. 50 and Old Winter Garden Road and Old Winter Garden
Road and Central Commerce Lane. Staff supports granting all seven waivers, with the
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City Commission Regular Meeting
May 4, 2004
understanding that the additional road right-of-way is being dedicated to the City of Ocoee as an
offsetting public benefit without impact fee credit of any kind.
Commissioner Johnson. seconded bv Commissioner Anderson. moved to l!fant the annlicant
the seven (7) waivers for the Merideth Retail Office Small Scale Site Plan. subiect to dedication
of the additional road rieht-of-wav with no imnact fee credit. Motion carried 5-0.
Mayor Vandergrift read an e-mail message from John Stolz, Costal Circle, regarding the clear
cutting of trees at ForestBrooke and he asked Mr. Wagner to comment. Mr. Wagner said they
had to clear -cut because they had to move a lot of earth. He had thought the builder would be
using a terraced approach, but they did not.
DIRECTOR WAGNER STAFF REPORTS
Mr. Wagner said he had two staff reports he wished to give at this time.
1) Regarding the Coke Property, in earlier discussions with Teresa Jacobs it had been
established that the offset where West Road comes into Ocoee-Apopka Road and leads into the
Ocoee-Crown Point Parkway needed to be addressed. The County was supposed to be underway
with the widening and realignment with Ocoee-Clarcona Road so it would match up. When he
spoke with County staff recently they advised the County does not intend to do anything. He
said when the school opens in a year there will be a problem with the traffic signals.
2) Reported that, in Terry James' office, there is a proposal to move all the freight train traffic
that goes through downtown Orlando through the middle ofOcoee, crossing S.R. 50 at the ABC
Liquor Store down to the Heller Brothers property and across the turnpike. It is a $1.3 billion
project that may not fly and they are asking for a response from the City.
Mavor Vander~rift. seconded bv Commissioner Parker. moved to notify whomever we need
to notify that the Citv of Ocoee is onoosed to anv encounter with anv train svstem other than
what we alreadv have. Motion carried 5-0.
Approval and Authorization to Allow Staff to Book the Headline Talent for this Year's
Founders' Day in an Amount Not to Exceed $56,000. (Parks & Recreation Director
Farmer)
Parks & Recreation Director Farmer reported the Founders' Day Board has tried to build on
what has been done in the past and will have a two-day event this year, beginning with The
Diamonds on Friday night, October 15 at 7:00 p.m. and on Saturday, October 16 beginning at
2:00 p.rn. Quicksilver, Cowboy Crush, with Josh Turner at 6:00 p.m. and Trace Adkins at 8:00
p.m. Mr. Farmer asked for authorization to book the headline talent for this year's Founders'
Day in an amount not to exceed $56,000. He said also he has revamped the sponsorship
packages.
Mavor V ander~rift. seconded bv Commissioner Johnson. moved to annrove and authorize
Staff to book the headline talent for this vear's Founders Dav in an amount not to exceed
$56.000. Motion carried 5-0.
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City Commission Regular Meeting
May 4, 2004
Board Appointments. (City Clerk Grafton)
Reappoint Jeffrey Cox to Board of Adiustment.
Mavor Vander2:rift. seconded bv Commissioner Johnson. moved to reannoint Jeffrev Cox to
serve on the Board of Adiustment a term to end Mav 1. 2007. Motion carried 5-0.
Initial Appointments to Human Relations/Diversity Board.
Commissioner Parker. seconded bv Commissioner Howell. moved to anooint the followinl! to
the Human Re1ations/Diversitv Board:
Karen L. Lee Fatt - term endinl! Mav 2006
Mary Ellen Murrav - term endinl! Mav 2005
John Phillins - term endinl! Mav 2006
Kitsv Phillins - term endinl! Mav 2005
Motion carried 5-0.
Commissioner Johnson. seconded bv Commissioner Parker. moved to anooint Mavor
Vandenrrift to serve as ex-officio to the Human RelationslDiversitv Board. Motion carried 5-0.
STAFF REPORTS
City Attorney Rosenthal said he had spent a good bit of time dealing with public records
request issues recently and he addressed the issue of public records vs city records as it relates to
the City Commission. He said there should never be a need for the elected officials to make a
public records request. As elected officials they are entitled to look at and/or copy (multiple
copies, if desired) any city documents or records. This may include documents that are not
public records, therefore not available to the public, (such as labor negotiations or litigation)
They should contact the City Manager for this - not the City Clerk, and they should not be
charged for copies. He distributed a paper spelling out the details. There was further discussion.
COMMENTS FROM COMMISSIONERS
Commissioner Parker
Said when the authorization was given for the "meet and greet the candidates for City Manager"
at Westyn Bay the source for the funds was not included in the direction.
Commissioner Johnson. seconded bv Commissioner Howell. moved to nav for this event from
continl!encv. Motion carried 5-0.
Said the proposed options for scheduling the visioning sessions with Lyle Sumack conflicted
with the League of Cities and other things and she asked to have this returned to Gequita with
direction to contact the elected officials to work out another schedule, possibly using evenings
rather than two whole days. Without obiection. this direction was given.
Said the Landscaping/Irrigation Committee needs direction, as they have received some
suggested goals from Community Relations, and suggestions on the ordinance, but the
committee wants to focus on education. Commissioner Johnson asked her to provide a report
on what the committee feels about the ordinance and what they feel would be a good solution to
helping people with landscaping efficiently and watering efficiently.
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City Commission Regular Meeting
May 4, 2004
Commissioner Anderson said he would like to include any employee applicants in the
interviews for the City Manager position. There was no response to this.
Commissioner Howell
Noted there are Ocoee residents who do not receive OGTV in Amber Ridge and other areas.
Without objection direction was given for staff to send a strong letter to Cablevision telling them
to serve all Ocoee citizens.
Asked staff to address speed tables for Marlene.
ADJOURNMENT
The meeting adjourned at 9:40 p.m.
Attest:
APPROVED:
City of Ocoee
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