HomeMy WebLinkAbout06-15-04 Minutes
MIUUTES OF THE OCOEE CITY COMMISSION REGULAR SESSION
HELD JUNE 15,2004
WORK SESSION RE:
PURCHASE OF UNITED METHODIST CHURCH PROPERTY
6:00 P.M.
REGULAR CITY COMMISSION MEETING
7:15 P.M.
CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:17 p.m. in the Commission
Chambers. Pastor Ernie Post, West Oaks Methodist Church led in prayer and Carl Myer led 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 Acting City Manager Williford, City Attorney Rosenthal, Assistant to the City
Manager Shira, Building Official Phelps, City Clerk Grafton, Community Development Director
Wagner, Finance Director Horton, ParksIRecreation Director Farmer, Police Chief Goclon,
Principal Planner James, Public Works Director Wheeler, Deputy Public Works Director
Zaitooni, and Lobbyist Rotundo.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
None Scheduled on the Agenda
Coach Gary Hood introduced Ocoee Little League Major Cubs, winners ofthe tournament with
27-0 record for the season.
COMMENTS FROM CITIZENS/PUBLIC
There were no citizen comments at this time.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Johnson moved to purchase the Ocoee Methodist Church facilities. Lacking a
second, the motion died. However, the motion sparked a lengthy discussion, at the end of which
Mayor Vandergrift called for a motion. As no motion was forthcoming, he assumed this
Commission was not interested in pursuing the issue.
EMERGENCY ITEMS
Mayor Vandergrift declared the two following items to be emergency items.
Purchase and Installation of a Lift Station for 1412 Century Oak Drive
Public Works Director Wheeler gave the staff report, advising the residential home at 1412
Century Oak Drive has experienced flooding conditions four previous times from raw sewage
that flows through and to Lift Station #17. He requested authorization to purchase and install an
E/One Simplex lift station and to transfer $5,864 from Account 401-535-5202 to 401-535-00-
6400 for the purchase and the installation.
City Commission Regular Meeting
June 15, 2004
Commissioner Anderson. seconded bv Commissioner Parker. moved to annrove the nurchase
and installation of an E/One Simnlex lift station and the transfer of $5.864 from Account 401-
535-5202 to 401-535-00-6400 as reauested. Motion carried 4-0. Commissioner Howell was
away from the dais.
Commissioner Parker presented a request from Joanne Poteat for authorization to close 5215 to
6823 Mill Stream Road in the Sawmill Subdivision from noon to midnight for a July 4th
neighborhood celebration.
Mavor Vander!!rift' seconded bv Commissioner Parker. moved to annrove the reauest for
road closure on Julv 4. 2004. Motion carried 5-0.
CONSENT AGENDA
The consent agenda consisted of items A, B, and C.
Commissioner Anderson. seconded bv Commissioner Parker. moved to annrove the consent
aQenda as nresented. Motion carried 5-0.
A. Approval and Acceptance of Minutes of City Commission Regular Meetings of
Mav 18, 2004 and June 1, 2004. (City Clerk Grafton)
B. Approval and Authorization for Mayor to Execute the Bvrne Formula Grant
Letter Allowing the City of Ocoee to Receive $38,000 to be Used Towards a DUI
Enforcement Program. (Police Chief Goclon)
It is time to submit the Byrne Formula Grant Letter and with its share of the funds the Ocoee Police
Department would like to fund a DUI Enforcement Program. This would be the first year of a four-
year maximum that these funds could be used for this program. As in previous years, this grant
requires a 25% match from the City of Ocoee, which will come from the 2004-2005 General Fund
Budget.
C. Approval and Authorization for Renewal of the State Hi2hwav Li2htin2,
Maintenance, and Compensation A2reement Work Order for State Fiscal Year
2004-2005 for $17,043.89; and Authorization for Mayor and City Clerk to
Execute the Work Order. (Deputy Public Works Director Zaitooni)
This is the second renewal of the State Highway Lighting, Maintenance, and Compensation Agreement
between State Department of Transportation and the City of Ocoee for maintenance of lighting fixtures
on State highways. The compensation for this work order is $17,043.89, which reflects a 3% increase
over the previous work order.
PUBLIC HEARINGS
Second Reading of Ordinances. (Community Development Director Wagner)
In2ram-Heidrich - Ordinance 2004-10 Rezonin2
City Attorney Rosenthal read the title only of the Ordinance. Community Development
Director Wagner gave the staff report, noting this parcel is 20.482 +/- acres located at 5824
Ingram Road and bordered on the west by the Forest Lake Golf Course. The property is also
west and northwest of the intersection of Ingram Road and Clarcona-Ocoee Road. The requested
rezoning from R-I-AAA to R-I-AA is consistent with the Ocoee Future Land Use Map and the
Joint Planning Area Land Use Map. After a public hearing on May 11,2004, the Planning and
Zoning Commission recommended approval. Based on the P&Z Commission recommendation,
Page 2 of 10
City Commission Regular Meeting
June 15,2004
Staff recommended adoption of Ordinance 2004-10 rezoning the subject parcel located at 5824
Ingram Road from R-I-AAA: Single Family Dwelling to R-I-AA: Single Family Dwelling.
Commissioner Parker asked that the intersection be designed without lumps as other
intersections with Miami curbs are uncomfortable for the travel or.
Commissioner Anderson suggested a requirement for utility boxes to be underground.
The public hearing was opened.
Charlie Madden, Madden Engineering , responded to the questions raised and said they were
more appropriate at the preliminary platting stage. He said he would clean up trees and brush to
make the area safer.
The public hearing was closed.
Commissioner Howell. seconded bv Commissioner Parker. moved to adoot Ordinance No.
2004-10 chanQinQ the zoninQ classification as reauested bv the owner from R-l-AAA to R-I-AA
on the orooertv located at 5824 InQram Road. Motion carried 4-0. Commissioner Johnson was
away from the dais.
Baskin!!: Rid!!:e Court
Ordinance 2004-11 Annexation
City Attorney Rosenthal read the title only of the Ordinance. Community Development
Director Wagner gave the staff report for both the annexation and the zoning ordinances for
Basking Ridge Court. The vacant parcel consists of 1.01 acres located southwest of Basking
Ridge Court and immediately west of the African-American cemetery. The proposed use is for
two single-family homes after a diagonal lot split is processed under a separate review. The
applicant has requested R-I-A Single-Family Residential zoning and the proposed use is
consistent with the Ocoee Future Land Use Map and the Orange County-Ocoee Joint Planning
Area Land Use Map. The Planning and Zoning Commission held a public hearing for this parcel
on May II, 2004 and recommended approval of the annexation and requested zoning.
The public hearing was opened.
David Moss, 114 Anderson Place, expressed concern about drainage from the subject parcel
onto his property.
Bob Goll, 215 S. Swoope Avenue, Maitland, 32751, said the dirt will be tapered out and will not
cause a problem when they have finished with the grading.
The public hearing was closed.
Commissioner Anderson. seconded bv Commissioner Howell. moved to adoot Ordinance No.
2004-11 annexinQ BaskinQ RidQe Court as reauested. Motion carried 4-0. Commissioner
Johnson was away from the dais.
Page 3 of 10
City Commission Regular Meeting
June 15, 2004
Ordinance 2004-12 Rezonin2
City Attorney Rosenthal read the title only of the Ordinance. The staff report for this
Ordinance was included in the report above.
The public hearing was opened and, as no one wished to speak, was closed.
Commissioner Anderson. seconded bv Commissioner Howell. moved to adoDt Ordinance No.
2004-12. zoninQ the BaskinQ RidQe Court Darcel R-I-A SinQle-Familv Residential as requested.
Motion carried 5-0.
Fullers Cross Commercial PUD
Ordinance 2004-13 Annexation
City Attorney Rosenthal read the title only of the Ordinance. Community Development
Director Wagner gave the staff report for all of the items to be considered for Fullers Cross
Commercial PUD. The property consists of 5.08 +/- acres and is located at 2280 Fullers Cross
Road in unincorporated Orange County on the southwest corner of the intersection of Fullers
Cross and Ocoee-Apopka Roads. The property is currently vacant and densely wooded. There
are no known archeological or historical sites located on the site; however, wetland areas may be
located on the south edge of the property. The proposed development is for a Commercial
Planned Unit Development (PUD) for retail and a restaurant, with a maximum of 44,000 square
feet of building area.
Because the property is currently located in unincorporated Orange County, and the Ocoee-
Orange County JP A Land Use designation is currently "Low Density Residential" and
"Conservation/Wetlands", the approval of an amendment to the JPA Agreement is required
before the annexation can be effective. An amendment to the Orange County-Ocoee Joint
Planning Area Agreement would establish a JP A land use designation for the property as
"Commercial" and "Conservation/Wetlands".
The property is currently designated "Low Density Residential" and "Conservation/Floodplains"
on the Ocoee Future Land Use Map necessitating small scale comprehensive plan amendment to
change the Future Land Use Classification to "Commercial" and "Conservation/Floodplains".
The applicant has also requested an initial zoning classification of "Commercial PUD". Since
the Commercial PUD classification has been requested, a development agreement will also be
required.
Mr. Wagner described in detail the procedures required as spelled out in the written staff report
and gave the staff recommendation as follows:
Based on the Development Review Committee recommendation and the subsequent
recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and
City Commissioners take the following actions:
Page 4 of 10
City Commission Regular Meeting
June 15, 2004
· Approve the lih Amendment to the Joint Planning Area (JPA) Agreement,
establishing a land use designation of "Commercial" and
"Conservation/Wetlands" on the JP A Land Use Map;
· Adopt Ordinance 2004-13 to annex the property located at 2280 Fullers Cross
Road;
· Adopt Ordinance 2004-14 to approve a Small-Scale Comprehensive Plan
Amendment establishing a Future Land Use designation of "Commercial" and
"Conservation/Floodplains" on the Ocoee Future Land Use Map for the Fullers
Cross Commercial PUD, subject to approval of the JP A Amendment and
annexation ordinance.
· Adopt Ordinance 2004-15 to approve an initial zoning designation for Fullers
Cross Commercial PUD as Commercial Planned Unit Development, subject to
approval of the annexation ordinance and small-scale comprehensive plan
amendment ordinance.
· Approve the Development Agreement, subject to approval of the annexation
ordinance and the PUD zoning ordinance.
· Approve the Shared Access Easement Agreement, subject to approval of the
annexation ordinance and the PUD zoning ordinance.
The public hearing was opened.
Jay Jackson, 3660 Maguire Boulevard, Orlando, 32803, was present to answer questions.
As no one wished to speak, the public hearing was closed.
Commissioner Anderson. seconded bv Commissioner Parker. moved to adoot Ordinance No.
2004-13. annexinQ the 5.08 acres located at the southeast corner of the Ocoee-Aoooka Road and
Fuller's Cross Road intersection as reauested. subiect to the aOOfoval and execution of the
Develooment AQreement and the Shared Access Easement AQreement. Motion carried 4-0.
Commissioner Howell was away from the dais.
JP A Agreement Amendment #12
City Attorney Rosenthal explained this Amendment would change the JPA Land Use Map for
the subject parcel from low density residential and conservation/ wetlands to commercial and
conservation/wetlands and approval would result in transmittal of the I ih Amendment to Orange
County which would then hold their public hearings.
The public hearing was opened and, as no one wished to speak, was closed
Commissioner Anderson. seconded bv Commissioner Parker. moved to aOOfove the 12th
Amendment to the Joint PlanninQ Area AQreement between OranQe Countv and the Citv of
Ocoee. authorizinQ execution thereofbv the Mavor and Citv Clerk and transmittal to OranQe
Countv. Motion carried 5-0.
Ordinance 2004-14 Small Scale Comprehensive Plan Amendment
City Attorney Rosenthal read the title only of the Ordinance.
Page 5 of 10
City Commission Regular Meeting
June 15,2004
The public hearing was opened and, as no one wished to speak, was closed.
Commissioner Anderson. seconded bv Commissioner Parker. moved to adont Ordinance No.
2004-14. annrovinQ the Small Scale Comnrehensive Plan Amendment. authorizinQ execution
thereofbv the Mavor and Citv Clerk. subject to the annroval bv OranQe Countv of the
Amendment to the Joint PlanninQ Area AQreement between OranQe Countv and the Citv of
Ocoee. and subject to Annexation Ordinance No. 2004-13 becominQ effective. Motion carried 5-
Q.
Ordinance 2004-15 Rezonine:
City Attorney Rosenthal read the title only of the Ordinance.
The public hearing was opened and, as no one wished to speak, was closed.
Commissioner Anderson. seconded bv Commissioner Howell. moved to annrove Ordinance
No. 2004-15 establishinQ initial zoninQ. subject to annroval of the lih Amendment to the Joint
PlanninQ Area AQreement. the Small Scale Comnrehensive Plan Amendment which is Ordinance
No. 2004-14. and subject to the Annexation Ordinance becominQ effective. Motion carried 5-0.
Development Ae:reement
City Attorney Rosenthal said this is a standard Agreement with Carter Charles Herschel Trust
and the City of Ocoee and the conditions are attached to the Agreement.
Commissioner Anderson. seconded bv Commissioner Howell. moved to annrove the
Develonment AQreement for the Fullers Cross Commercial PUD. subject to the Annexation
Ordinance AQreement becominQ effective. and subject to Ordinance No. 2004-14. Small Scale
Comnrehensive Plan becominQ effective. and subject to Ordinance No. 2004-15. initial zoninQ
becominQ effective. Motion carried 5-0.
Shared Access Easement Ae:reement
City Attorney Rosenthal said this Agreement is being entered into in the capacity of an
adjacent landowner rather than as a governmental entity and it provides for a shared access
driveway between the Fullers Cross Commercial parcel and the adjacent City of Ocoee parcel
which is part of the Crown Point PUD.
Commissioner Anderson. seconded bv Commissioner Parker. moved to annrove the Shared
Access Easement AQreement between the Citv of Ocoee and the Carter Charles Herschel Trust.
authorizinQ execution thereof bv the Mavor and Citv Clerk. subject to Annexation Ordinance
2004-13 becominQ effective. subject to Ordinance No. 2004-14. Small Scale Comnrehensive
Plan Amendment becominQ effective. and subject to Ordinance No. 2004-15 establishinQ initial
zoninQ becominQ effective. Motion carried 5-0.
RECESS 8:55 P.M. - 9:10 P.M.
Page 6 of 10
City Commission Regular Meeting
June 15,2004
Mayor Vandergrift announced the Martin L. King, Jr. Drive dedication ceremony at SR 50
June 17 at 10:00 a.m. and invited all to attend.
OTHER BUSINESS
Consideration of Offer of Judement in Asset Manaeement Litieation. (City Attorney
Rosenthal)
City Attorney Rosenthal gave the background on this lawsuit regarding Interim Services Fees
which is pending in the Circuit Court of the Ninth Judicial Circuit. He requested authorization to
submit on behalf of the City an Offer of Judgment in the amount of$I,OOO to Asset Management
Consultants of Virginia, Inc. in settlement of Asset Management Consultants of Virginia. Inc. v
City of Ocoee, Case No. 04-CA-30-84 and to file such additional documents as may be
necessary in connection therewith.
Commissioner Anderson. seconded bv Commissioner Howell. moved to aODfove Citv
Attornev Rosenthal's reauest for this authorization. Motion carried 4-1 with Commissioner
Johnson voting no.
Approval and Authorization of $2,000 from General Fund Contingency to Purchase 10
Pole Banners to be Installed Along Maguire Road for the West Oranee Girls Club 3rd
F.A.S.T. National Girls' Softball Championship. (Deputy Public Works Director Zaitooni)
Commissioner Parker. seconded bv Commissioner Anderson. moved to aODfove the ourchase
of 10 oole banners to be installed alonQ MaQuire Road for the West OranQe Girls Club 3rd
F.A.S.T. National Girls' Softball Chamoionshio and authorize the transfer of$2.000 from
General Fund ContinQencv for this oumose. Motion carried 5-0.
Review and Update of City's Traffic Policies and Criteria for Implementation of Traffic
Calming on Residential Streets. (Deputy Public Works Director Zaitooni)
Deputy Public Works Director Zaitooni gave the staff report, reviewing proposed policies for
the implementation of traffic control devices and evaluation of traffic calming measures.
Mayor Vandergrift gave some suggestions regarding street signs and said he would like to have
some public input. Mr. Zaitooni said he could put the proposed policy on the website so the
public could review it and without obiection he was directed to do so and to put this on the July 6
agenda.
Mr. Zaitooni said the traffic committee had looked at the streets reported by Commissioner
Howell recently (Kimball, Marlene and Lady) and determined that Lady A venue does require
some counter-measure as there has been speeding reported on that road. He said when the study
is complete this mayor may not come back for Commission consideration, depending on the
funding required.
Approval of the Community Merit Award Grants for the April 2004 Cycle. (Assistant to
the City Manager Shira)
Assistant to the City Manager Shira presented the staff report, advising there was $4,400
remaining in the budget for this cycle and the 15 applicants had requested $7,500. The chart
showing the breakdown of distribution recommended by the Community Merit Awards Board
was as follows:
Page 7 of 10
City Commission Regular Meeting
June 15, 2004
Applicant Funds CMA Board CMA Board Comments
Requested Recommendation
American Legion Post 109 $500 $0 Applicant needs to be more specific on how
many banners and how many school
medals/awards will be purchased with the
grant funds and when those programs take
place during the year. Recommend to reapply
in November.
American Legion Post 63 $500 $150. Applicant needs to be more specific on what
the funds will be used for and when those
programs take place during the year. Also
urged to ask the City of Winter Garden for a
monetary contribution.
West Orange High School $500 $300.
Quarterback Club
People to People Student $500 $350. Recommend to make check payable to
Ambassador Program individual since People to People is not a non-
profit organization. Award recommendation
based on Randi Keith being one of a group of
36 attending from the Orlando area.
Girl Scout Troop #1687 $500 $400.
West Oaks Academy $500 $300.
The Foundation for $500 $250.
Wests ide Tech
New Beginnings of $500 $200.
Central Florida, Inc.
West Orange Christian $500 $500.
Service Center
Ocoee Historical $500 $350.
Commission
S.T.A.R.S. of West Orange $500 $500.
Ocoee Little League $500 $0 This recommendation to deny was made
because they had received other funding from
the City this fiscal year and there was limited
funding available this cycle.
Rotary Club of Ocoee $500 $500.
Health Central Foundation $500 $350.
School Nurse Prollram
Ocoee Elementary Clinic $500 $250.
TOTALS $7,500 $4,400
Commissioner Howell. seconded bv Commissioner Anderson. moved to aoorove the
recommendations made bv the Communitv Merit Awards Board. Motion carried 4-1 with
Commissioner Johnson voting no.
Direction Re: Advertisement in the West Oran2:e Chamber's Discover Ma2:azine.
(Assistant to the City Manager Shira)
Page 8 of 10
City Commission Regular Meeting
June 15, 2004
Assistant to the City Manager Shira advised this year the Discover Magazine would be on the
website giving greater coverage for the ad than in the past.
Commissioner Parker. seconded bv Commissioner Anderson. moved to buv a Y; paQe ad at
$1.595 vromotinQ Ocoee as the Center of Good LivinQ. Motion carried 5-0.
Water/Wastewater Fund Analysis. (Finance Director Horton and Public Works Director
Wheeler)
Finance Director Horton began her presentation, displaying details on the overhead. When it
became apparent the figures were not clear enough to read on the monitors, Mayor Vandergrift
asked what page the spreadsheet was on in the handout. As that page had been inadvertently
omitted from the backup material Mayor Vandergrift asked Mrs. Horton to stop her presentation
and bring it back at the next meeting.
Appoint Voting Delegate for Florida Lea2:ue of Cities Conference. (City Clerk Grafton)
Without obiection. Mayor Vandergrift was appointed the votin~ delegate for the Florida League
of Cities 78th Annual Conference to be held August 19-21. 2004 in the Westin Diplomat Resort
in Hollvwood. Florida. with Commissioner Parker to serve as alternate if needed.
Appointments to Boards. (City Clerk Grafton)
Education Commission
Commissioner Parker. seconded bv Commissioner Anderson. moved to appoint Rvan
Colbert. John GroQan. and Dr. Fran Kellv RodriQuez to the Education Commission for terms
endinQ June 2006. Motion carried 5-0.
Human Relations/Diversity Board
Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to appoint Carmen Arzola.
Martha Lopez-Anderson. and Debra Booth to serve on the Human RelationslDiversitv Board for
terms endinQ June 2006.
Plannin2: and Zonin2: Commission
Commissioner Johnson. seconded bv Commissioner Parker. moved to appoint Frank Morris
to complete Vince Sikora's term on the PlanninQ and ZoninQ Commission that ends Avril 2006.
Motion carried 5-0.
STAFF REPORTS
Commissioner Johnson proposed calling a Work Session for 5:00 p.m. Wednesday, June 16 to
discuss the City Manager Employment Agreement and inviting Mr. Robert Frank to join the
Commission at 5 :30 to finish the negotiations. Without obiection this meeting was called.
COMMENTS FROM COMMISSIONERS
Commissioner Parker discussed the amount of water needed to take care of sod and proposed
an "oops" card for first time offenders who used too much water. A policy for an average sized
lawn was discussed and Staff is to bring that policy to the July 6 meeting. City Attorney
Rosenthal suggested taking the policy after it is approved and putting it in ordinance form.
Page 9 of 10
City Commission Regular Meeting
June 15, 2004
Commissioner Parker said she would like for Tonya to give the rest of the Commission the
same information/tape she had given Commissioner Parker showing what Maitland did.
Mayor Vandergrift said he wants a consumer advocate on staff and he was sure there was a
grant for this kind of person.
Commissioner Johnson said the house at 235 Cumberland (Sanders house) had burned down
and now the grandson who inherited the property wished to build on that site. He said since
there had been water service to that address he thought they should not be charged the impact
fees.
Commissioner Johnson. seconded bv Commissioner Parker. moved to waive the water caoital
exoansion charQe for the connection of the Sanders/Wise orooertv located at 235 Cumberland on
the basis that a water meter had oreviouslv been connected to the orooertv. Motion carried 5-0.
Commissioner Anderson
I) Apologized to Finance Director Horton for the way the Commission interrupted her analysis
on the Water/Wastewater Fund.
2) Announced the Police Department will be conducting DUI detail within the City limits on
Friday, June 25.
Mayor Vandergrift
I) Announced the Tri-County League of Cities meeting at noon on Thursday hosted by the City
of Ocoee.
2) Expressed concern regarding the name of Ocoee-Crown Point Road and Mr. Rosenthal
recalled this Commission directed to have Ocoee included in the name of the road because the
new high school would be located on that road.
ADJOURNMENT
The meeting adjourned at 10:33 p.m.
Attest:
APPROVED:
City of Ocoee
Page 10 of 10