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HomeMy WebLinkAbout11-18-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD NOVEMBER 18, 2003 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7: 16 p.m. in the Commission Chambers and led in a moment of silent prayer, followed by the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson (arrived at 7:20 p.m.), Howell, Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Assistant to the City Manager Shira, Building Official Phelps, City Clerk Grafton, Community Development Director Wagner, Finance Director Horton, Finance Supervisor Carter, Fire Chief Strosnider, Assistant Fire Chief Firstner, Support Division Chief McNeil, Human Resources Director Diedrich, Police Chief Goclon, Police Sergeant Silberstein, Public Works Director Wheeler, and Deputy Public Works Director Zaitooni. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Years of Service Awards. (Human Resources Director Diedrich) 1. Russell Waf!ner - 10 Years of Service - presented by Mayor Vandergrift 2. Curtis Love - 1 0 Years of Service - presented by Commissioner Howell 3. David Harris - 1 0 Years of Service - presented by Commissioner Johnson 4. Joyce Tolbert - 10 Years of Service (not present to receive awards) 5. Michael Alexander - 10 Years of Service - presented by Commissioner Parker 6. Carolyn Bloom - 1 0 Years of Service - presented by Commissioner Anderson 7. Steve Goclon - 20 Years of Service - presented by Mayor Vandergrift After each presentation the respective department directors spoke briefly about their appreciation of their employee's dedication and job performance. Crisis Intervention Team Officer of the Year - Officer Dave Stone. (Chief Goclon) Chief Goclon announced Officer Dave Stone had been awarded Crisis Intervention Team Officer of the Year by the Central Florida Crisis Intervention Team. Presentation of New Fire and Police Department Logos. (ChiefGoclon) Chief Goclon and Chief Strosnider presented a plaque of appreciation and shirts with their respective organization's logo embroidered on them to the elected officials and City Manager. COMMENTS FROM CITIZENS/PUBLIC Bob Gall, 215 S. Swoope Avenue, Maitland, 32751,president of Maine Street Properties, developer and builder of Forest Ridge Subdivision, addressed the Commission about his development and the charge for reuse water per unit when there is no reuse water available to that area. He said he would like to sell the reuse meters back to the City as it appears they will never be used. Commissioner Johnson said he wished to stop charging the monthly fee for reclaimed water to the homeowners in this development until reclaimed water is available and they are hooked up to it. He said he wants the ordinance changed to reflect this. He pointed out the homeowner could hook up to the reuse meter for irrigation for a saving. City Manager Gleason asked for clarification and whether other issues should be addressed when writing the ordinance, such as houses not in Ocoee's service area. Commissioner Parker said she would like to see a revision giving an option for developments outside Ocoee's utility area to pay an Ocoee City Commission Regular Session November 18,2003 amount to the City to be used to expand the reuse area to existing residents who are here and can use the reclaimed water. Commissioner Anderson said he would like to know the short/long range plans of other entities (Orange County, Winter Garden, Apopka, etc.) for those who are outside Ocoee's utility area but inside Ocoee's reuse area. City Attorney Rosenthal said Commissioner Parker's request is already in the Code as (on a case by case basis) a developer can bring a request to the City Commission for a decision. Without obiection, staff was directed to bring back a report on this. City Attorney Rosenthal said a report would also be needed on the impact these changes would make on the bond issue. Mark Scalzo, 6938 Cross Cut Court, asked when the Citizen Advisory Council to the Ocoee Fire Department (CACOFD) could meet, as they had been given the go ahead in October to meet (with less than the required 15 appointees) but he still had not received any information. Mayor Vandergrift appointed Commissioner Johnson to serve as liaison from the Commission and City Manager Gleason asked Chief Strosnider to appoint a staff liaison. Chief Strosnider appointed Assistant Fire Chief Firstner to serve as liaison from the department. City Manager Gleason said there was no need for the City Clerk's office to be present at the meetings, as they could provide the recording device and the chairman could state the motions and votes for the record, then turn in the tapes for transcription of the minutes by the Clerk's office. J. Lester Dabbs, Jr., 619 Caborca Court, asked what information of such import caused the Commission to revisit the Take Home Vehicle Policy. He was advised that one of the Commissioners was out of town when the vote was taken and had asked that it be brought back for consideration. Mr. Dabbs commented about the lack of a consent agenda. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Johnson announced the first annual Ocoee charity softball tournament on Saturday and Sunday, December 20 and 21 at Vignetti Park softball field. Commissioner Anderson 1) Announced the Christmas light judging will be December 8 and 9, and asked that those who wished to have their house judged call the Recreation Department. 2) Announced those parents who wished to have Santa call their child should fill out an application either at City Hall or the Recreation Center. 3) Announced the tree lighting and visit with Santa from 6:00 to 8:00 p.m. on December 18 at the Withers-Maguire House. Mayor Vandergrift announced on Wednesday, November 26 at 9:00 p.m. the Food for Families in West Orange County will meet to prepare boxes of food at West Orange High School to be delivered Thursday, November 27 beginning at 8:00 a.m. and volunteers are welcome. PUBLIC HEARINGS Resolution No. 2003-23, Water and Sewer System Refunding and Improvements Revenue Bonds, Series 2003. (Finance Director Horton) City Attorney Rosenthal read the title only of Resolution No. 2003-23, Water and Sewer System Refunding and Improvements Revenue Bonds, Series 2003. Finance Director Horton 2 Ocoee City Commission Regular Session November 18, 2003 gave the staff report, advising that last year staff presented the Commission with a plan to reduce consumption, fund capital projects and begin to restore unrestricted fund balance for the enterprise fund. The Commission subsequently approved the plan, certain capital improvements, and adopted an inclined rate structure to encourage consumption conservation and cover increasing operating costs. The projects to be funded from the bond issue are estimated to cost $7,150,000. Staff proposes refinancing the Water and Sewer System Refunding and Improvement Revenue Bonds, Series 1993 to generate funding for the projects. She introduced the City's financing team- Mark Galvin, First Southwest Company, Financial Advisor; Mitch Owens and Julie Turner from William Hough & Company, Underwriters; Joseph Stanton, with Akerman Senterfit, Underwriter Counsel; and 10linda Herring with Bryant Miller & Olive, Bond Counsel, who in turn presented the details of the financing structure and reviewed the bond documents. Mrs. Horton said the staff recommendation was to go with AMBAC Insurance as low bidder, adopt the Resolution, and deem the Preliminary Official Statement final. City Attorney Rosenthal directed attention to two letters: one from Bryant Miller & Olive dated November 12,2003, and one from First Southwest Company dated November 17,2003, regarding any modifications to the rate structure. He said he would make available for signatures a Certificate as to Public Meetings and No Conflict ofInterest form for each elected official to sign, indicating they have not violated the Sunshine Law in connection with this issue and they are not employed by, nor do they have a contractual relationship with, the entity purchasing the Series 2003 Bonds. The public hearing was opened, and J. Lester Dabbs, Jr., 619 Caborca Court, spoke. The public hearing was closed. Following discussion, Commissioner Parker. seconded bv Commissioner Johnson. moved to adoot Resolution No. 2003-23 and all attachments as oer staff recommendation. and authorize the Mavor and Citv ManaQ:er to execute the Bond Purchase AQ:reement and deem the Preliminarv Official Statement final. and authorize the Mavor and staff to execute all necessarv documents. Motion carried 5-0. RECESS 9:08 P.M. TO 9:18 P.M. Mayor Vandergrift asked that the City's web site be made more user friendly, as he had tried to access the agenda and it was difficult to do. Resolution No. 2003-22, Adelphia Cable Television Franchise Agreement (Assistant to the City Manager Shira) (Continuedfrom November 4,2003) City Attorney Rosenthal read the title only of the Resolution. Assistant to the City Manager Shira gave the staff report, advising Adelphia Cable Television has requested a cable television franchise for a limited area of Ocoee, the new Westyn Bay development that has been approved for 684 units. She introduced Andrew Mi, with Fowler Barice and O'Quinn, and said Bright House had been advised of this request, but did not keep several appointments to discuss any issues they might have with this franchise. Mrs. Shira said additional indemnification will be 3 Ocoee City Commission Regular Session November 18, 2003 required of Adelphia to safeguard the city from any potential issues that may arise. Mr. Mi stated the indemnification should be ready within 60 days. Mayor Vandergrift directed attention to a letter from Frank Kruppenbacher, counsel for Bright House. Mrs. Shira said she had sent a copy of the proposed franchise to Mr. Kruppenbacher in September and feels the City has shown good faith. The public hearing was opened. Chuck Blaine, General Manager of Adelphia Cable, responded to questions. The public hearing was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to adoDt Resolution No. 2003-22 Cable Television Franchise Al!reement subiect to execution of an additional indemnification bv AdelDhia acceDtable to staff and sDecial counsel. Motion carried 5-0. Second Reading of Ordinances. EQuimax Realty. Inc. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, displaying a drawing of the property on the overhead as he described the parcel. The subject property (0.67 acres) at 924 Maguire Road is located approximately 550 feet north ofthe intersection of Maguire Road and Roberson Road on the west side of Maguire Road. The applicant has requested an initial zoning of Professional Offices and Services. Mr. Wagner said the staff concurs with the DRC and Planning and Zoning Commission recommendation to annex the parcel and zone as requested. Ordinance No. 2003-46, Annexation 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 Johnson. seconded bv Commissioner Parker. moved to adoDt Ordinance No. 2003-46 annexinl! the Eauimax Realtv. Inc. Darcel into the Citv. Motion carried 4-0. Mayor Vandergrift was away from the dais. Ordinance No. 2003-47, Initial Zoning 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 Johnson. seconded bv Commissioner Parker. moved to adoDt Ordinance No. 2003-47 zoninl! the Eauimax Realtv. Inc. Darcel Ocoee P-S Professional Offices and Services. Motion carried 4-0. Mayor Vandergrift was away from the dais. 4 Ocoee City Commission Regular Session November 18,2003 THE T. MILTON WEST ITEMS WERE TAKEN OUT OF AGENDA ORDER T. Milton West-606 Ocoee Apopka Road (Community Development Director Wagner) Community Development Director Wagner gave the staff report for all four of the West properties and explained the parcels must be annexed consecutively to meet Florida Statutes. Mr. Wagner advised each of these properties is individually owned and contiguous. Each case includes an annexation, a development agreement, a Joint Planning Area Agreement amendment and a Small Scale Comprehensive Plan amendment. He described the parcels as located on the west side ofOcoee-Apopka Road, Y2 mile north of the intersection ofOcoee-Apopka Road and Silver Star Road. The properties vary in size and Mr. Wagner displayed each parcel in turn on the overhead. City Attorney Rosenthal advised the annexation ordinance in each case would have as an effective date the date when the JP A Amendment comes to the City Clerk and the zoning ordinances are contingent upon the annexations becoming effective. There was discussion regarding the Northwest Study. Ordinance No. 2003-48, Annexation of 606 Ocoee-Apopka Road City Attorney Rosenthal read the title only of the Ordinance. The size of this parcel is 5.3 acres. The public hearing was opened, and the following citizens spoke: Dr. David Hook, 1825 Demastus Lane, was not in favor of industrial zoning, and encouraged the Commission to wait for the Northwest Study to be completed.. T. Scott West, 888 Ocoee-Apopka Road, talked about the lights and noise at the Girls Club and smoke from Whispering Winds, all of which make the area undesirable for residential zoning. Polly Keller, 1727 Crown Point Woods Circle, was not in favor of industrial zoning. Kevin Keller, 1727 Crown Point Woods Circle, spoke for the Crown Point Woods Homeowner Association and read a prepared statement. A person whose name was unclear spoke for the West Orange Girls Club and was in favor of residential zoning. The public hearing was closed. In response to Commissioner Anderson's question regarding his vision for the development, Milton West said he envisioned something like Progress Energy has - or a small office complex. Following discussion, Commissioner Howell. seconded bv Commissioner Parker. moved to adoot Ordinance No. 2003-48 annexinl! 606 Ocoee-Aoooka Road. Motion carried 4-1 with Mayor Vandergrift voting no. Mayor Vandergrift left the dais and handed the gavel to Mayor pro tem Anderson. Development Agreement Commissioner Parker. seconded by Mavor nro tern Anderson. moved to aoorove the Develooment Al!reement with T. Milton West and Wendv O. West. and T. Scott West and 5 Ocoee City Commission Regular Session November 18, 2003 Kristen K. West. rellardinll 606 Ocoee-Aoooka Road and authorize the Mavor and Citv Clerk to execute. Motion carried 4-0. Mayor Vandergrift was away from the dais. 7th Joint Planning Area Agreement Amendment - Case No. JPA 03-004 City Attorney Rosenthal presented the ih Joint Planning Area Agreement Amendment for 606 Ocoee-Apopka Road that would change the lP A Land Use Map to redesignate the property from low density residential to industrial. The public hearing was opened. Mr. Rosenthal announced that all the comments from the previous public hearings would be a part of the record for this public hearing. As no one else wished to speak, the public hearing was closed. Commissioner Johnson. seconded bv Mavor nro tem Anderson. moved to aoorove the Seventh Amendment to the Joint Planninll Area Allreement between Oranlle Countv and the Citv of Ocoee and authorize execution bv the Mavor and Citv Clerk and transmittal to Oranlle Countv. Motion carried 4-0. Mayor Vandergrift was away from the dais. Ordinance No. 2003-49, Small Scale Comprehensive Plan Amendment City Attorney Rosenthal read the title only of Ordinance No. 2003-49 and explained the effective date for this Ordinance would be upon delivery of the JP A Amendment to the City Clerk and upon the Annexation Ordinance Agreement becoming effective and if all that does not happen within 180 days from this date then the ordinance would be null and void with no further force and effect. The public hearing was opened and, as no one wished to add comments to those already a part of the record, the public hearing was closed. Mavor nro tern Anderson. seconded bv Commissioner Johnson. moved to adoot Ordinance No. 2003-49 T. Milton West Comorehensive Plan Amendment for 606 Ocoee-Aoooka Road. Motion carried 4-0. Mayor Vandergrift was away from the dais. Ordinance No. 2003-50, Initial Zoning 606 Ocoee-Apopka Road City Attorney Rosenthal read the title only of the Ordinance and explained the effective date of this ordinance would be upon the delivery to the City Clerk of the JP A Agreement Amendment and upon the annexation ordinance becoming effective. The public hearing was opened and, as no one wished to add comments to those already a part of the record, the public hearing was closed. Mavor nro tem Anderson. seconded bv Commissioner Howell. moved to adoot Ordinance No. 2003-50 T. Milton West Zoninll to Ocoee I-I Restricted Manufacturinll and Warehousinll for 606 Ocoee-Aoooka Road. Motion carried 4-0. Mayor Vandergrift was away from the dais. At 11:25 p.m. Mayor Vandergrift returned to the dais and Commissioner Johnson left the dais. 6 Ocoee City Commission Regular Session November 18, 2003 T. Milton West-531 Ocoee Apopka Road 4.57 Acres (Community Development Director Wagner) Ordinance No. 2003-51, Annexation City Attorney Rosenthal read the title only ofthe Ordinance. He announced that all the comments made in the previous public hearings would be brought forward to this public hearing, and the effective dates would be the same as that stated for the earlier case. The public hearing was opened and, as no one wished to add comments to those already made, the public hearing was closed. Commissioner Parker. seconded bv Commissioner Howell. moved to adoDt Ordinance No. 2003-51. Annexin2: 531 Ocoee-ADoDka Road. Motion carried 4-0. Commissioner Johnson was away from the dais. Development Agreement Commissioner Parker. seconded bv Commissioner Howell. moved to aDorove the DeveloDment A2:reement between John R. Newman and Cesta Newman for the Darcel at 531 Ocoee-ADoDka Road and authorize execution thereofbv the Mavor and Citv Clerk. Motion carried 4-0. Commissioner Johnson was away from the dais. 8th Joint Planning Area Agreement Amendment City Attorney Rosenthal presented the Eighth Joint Planning Area Agreement Amendment and explained this will change the JP A Land Use Map designation from low density residential to industrial. The public hearing was opened. As no one wished to add comments to those already in the record, the public hearing was closed. Commissioner Anderson. seconded bv Commissioner Howell. moved to aDorove the Ei2:hth Joint Plannin2: Area A2:reement Amendment between Oran2:e Countv and the Citv of Ocoee. authorize execution thereof bv the Mavor and Citv Clerk and authorize transmittal to Oran2:e Countv. Motion carried 4-0. Commissioner Johnson was away from the dais. Mayor Vandergrift left the dais. Ordinance No. 2003-52, Small Scale Comprehensive Plan Amendment City Attorney Rosenthal read the title only of the Ordinance and announced the statements made for the earlier public hearings would be brought forward as part of this record. The public hearing was opened. As no one wished to add any comments to those already a part of the record, the public hearing was closed. Commissioner Howell. seconded bv Commissioner Parker. moved to adoDt Ordinance No. 2003-52 T. Milton West Small Scale Comorehensive Plan Amendment. Motion carried 3-0. Mayor Vandergrift and Commissioner Johnson were away from the dais. 7 Ocoee City Commission Regular Session November 18,2003 Ordinance No. 2003-53, Initial Zoning City Attorney Rosenthal read the title only of the Ordinance and announced the comments made for the earlier public hearings would be brought forward as part of this record. The public hearing was opened. As no one wished to add any comments to those already a part of the record, the public hearing was closed Commissioner Howell. seconded bv Commissioner Parker. moved to adoot Ordinance No. 2003-53 zoninl! 531 Ocoee-Aoooka Road Ocoee I-I Restricted Manufacturinl! and Warehousinl!. Motion carried 3-0. Mayor Vandergrift and Commissioner Johnson were away from the dais. T. Milton West-850 Ocoee Apopka Road 9.4 Acres (Community Development Director Wagner) Ordinance No. 2003-57, Annexation City Attorney Rosenthal read the title only of Ordinance No. 2003-57 annexing 850 Ocoee- Apopka Road and announced the comments made for the earlier public hearings would be brought forward as part of this record. The public hearing was opened. Kevin Keller said these last two properties are north of the ditch and he is disappointed that these parcels are being annexed just for the tax dollars. Following a brief discussion, Commissioner Anderson. seconded bv Commissioner Parker. moved to adoot Ordinance No. 2003-57 annexinl! 850 Ocoee-Aoooka Road. Motion carried 3-0. Commissioners Howell and Johnson were away from the dais. Development Agreement Commissioner Anderson. seconded bv Commissioner Parker. moved to aoorove the Develooment Al!reement with Raloh V. Hadlev III. as Trustee under land trust dated the 6th of Februarv. 2002. for 850 Ocoee-Aoooka and authorize execution thereofbv the Mavor and Citv Clerk. Motion carried 3-0. Commissioners Howell and Johnson were away from the dais. 9th Joint Planning Area Agreement Amendment City Attorney Rosenthal presented the Ninth Joint Planning Area Agreement Amendment and explained this will change the JP A Land Use Map designation from low density residential to industrial. The public hearing was opened. As no one wished to add comments to those already in the record, the public hearing was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to aoorove the Ninth Joint Planninl! Area Al!reement Amendment between Oranl!e Countv and the Citv ofOcoee. authorize execution thereof bv the Mavor and Citv Clerk and authorize transmittal to Oranl!e Countv. Motion carried 3-0. Commissioners Howell and Johnson were away from the dais. Ordinance No. 2003-58, Small Scale Comprehensive Plan Amendment 8 Ocoee City Commission Regular Session November 18,2003 City Attorney Rosenthal read the title only of Ordinance No. 2003-58 West Comprehensive Plan Amendment for 850 Ocoee-Apopka Road. The public hearing was opened. As no one wished to add to the comments already in the record, the public hearing was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to adont Ordinance No. 2003-58 West Comnrehensive Plan Amendment. Motion carried 4-0. Commissioner Johnson was away from the dais. Ordinance No. 2003-59, Initial Zoning City Attorney Rosenthal read the title only of Ordinance No. 2003-59 zoning 850 Ocoee- Apopka Road I-I Restricted Manufacturing and Warehousing. The public hearing was opened. As no one wished to add to the comments already in the record, the public hearing was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to adont Ordinance No. 2003-59 zonimz 850 Ocoee-Anonka Road I-I Restricted Manufacturin~ and Warehousin~. Motion carried 4-0. Commissioner Johnson was away from the dais. T. Milton West-888 Ocoee Apopka Road 1.3 acres (Community Development Director Wagner) Ordinance No. 2003-54, Annexation City Attorney Rosenthal read the title only of Ordinance No. 2003-54 annexing 888 Ocoee- Apopka Road. The public hearing was opened. As no one wished to add to the comments already in the record, the public hearing was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to adont Ordinance No. 2003-54 annexin~ 888 Ocoee-Anonka Road. Motion carried 4-0. Commissioner Johnson was away from the dais. Development Agreement Commissioner Anderson. seconded bv Commissioner Howell. moved to anDfove the Develonment A~reement between Thomas S. West III and Kristen H. West and the Citv of Ocoee for 888 Ocoee-Anonka Road. Motion carried 4-0. Commissioner Johnson was away from the dais. 10th Joint Planning Area Agreement Amendment City Attorney Rosenthal presented the Tenth Joint Planning Area Agreement Amendment and advised this would change the JP A Land Use Map designation from low density residential to industrial. 9 Ocoee City Commission Regular Session November 18, 2003 The public hearing was opened. As no one wIshed to add to the comments already in the record, the public hearing was closed. Commissioner Anderson. seconded bv Commissioner Howell. moved to aoorove the Tenth Joint Plannim! Area Al!reement Amendment. authorizinl! execution thereofbv the Mavor and Citv Clerk and transmittal to Oranl!e Countv. Motion carried 4-0. Commissioner Johnson was away from the dais. Ordinance No. 2003-55, Small Scale Comprehensive Plan Amendment City Attorney Rosenthal read the title only of Ordinance No. 2003-55 T. Milton West Comprehensive Plan Amendment 888 Ocoee-Apopka Road. The public hearing was opened. As no one wished to add to the comments already in the record, the public hearing was closed. Commissioner Anderson. seconded bv Commissioner Howell. moved to adoot Ordinance No. 2003-55 West Comorehensive Plan Amendment for 888 Ocoee-Aoooka Road. Motion carried 4-0. Commissioner Johnson was away from the dais. Ordinance No. 2003-56, Initial Zoning City Attorney Rosenthal read the title only of Ordinance No. 2003-56 zoning 888 Ocoee- Apopka Road I-I Restricted Manufacturing and Warehousing. The public hearing was opened. As no one wished to add to the comments already in the record, the public hearing was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to adoot Ordinance No. 2003-56 zoninl! 888 Ocoee-Aoooka Road I-I Restricted Manufacturinl! and Warehousinl!. Motion carried 4-0. Commissioner Johnson was away from the dais. THIS ITEM WAS TAKEN OUT OF AGENDA ORDER M.1. Ranchito Market - Waivers Request. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, describing the site plan for this project south of Silver Star Road just west of Bluford Avenue as a retail center with two buildings. He said the applicant requests two waivers: (1) to be relieved of the requirement to pave the adjoining street as the roadway of Lee Street is partially blacktopped, partially dirt; and (2) to build a split masonry wall instead of the required brick. The project is dependent upon the vacation of the Kissimmee Road right-of-way and that issue will come before the Commission at a later date. He added staff considered the significant issue at this point to be the turn left lane on Silver Star Road, as, although the developer has not listed it as a waiver request, he believes he should be relieved of building the left turn lane on Silver Star Road leading into the project. Jacob Riger, Traffic Consultant, explained the concerns prompting the need for the left turn lane. 10 Ocoee City Commission Regular Session November 18, 2003 John B. Webb, P.E., representing M.L Ranchito Market, gave the background and spoke at length describing their situation and desire to not be responsible for the left turn lanes. Commissioner Johnson and Commissioner Anderson both discussed the need for a turn lane. Commissioner Johnson said the City needs to pave the back road, while Commissioner Anderson said the developer should do that paving as well. Further discussion involved whether it should be paved to City Code or just cold paved and consensus was that cold paving would suffice. Commissioner Anderson. seconded bv Commissioner Howell. moved to suooort staff recommendation to denv waiver number 1 ofoavim! Lee Street. Motion lost 2-3 with Mayor Vandergrift and Commissioners Johnson and Parker voting no. Commissioner Anderson. seconded bv Commissioner Johnson. moved to aODrove the aoolicant's reauest for a waiver with resoect to the oavin!! of Lee Street conditioned uoon the construction of left turn lane on Silver Star Road to the satisfaction of staff. Motion carried 5-0. Commissioner Johnson. seconded bv Commissioner Anderson. moved to aODrove the aoolicant's reauest for the second waiver from the brick buffer wall reauirement to construct solit-faced block buffer wall instead conditioned uoon the construction of the left turn lane on Silver Star Road to the satisfaction of staff. Motion carried 5-0. THIS ITEM WAS TAKEN OUT OF A GENDA ORDER Approval of Agreement with Westf!ate Resorts. Ltd. Regarding Use of Scotty's Site for Parking. (City Attorney Rosenthal) Westgate proposes to construct a vehicular and pedestrian bridge between its call center on Professional Parkway and the former Scotty's building on S.R. 50. The former Scotty's building will be used for parking. The Agreement ties the two parcels together so that the parking spaces are not double counted. City Attorney Rosenthal explained the agreement. Following a brief discussion, Commissioner Johnson. seconded bv Commissioner Parker. moved to aODrove the A!!reement with West!!ate Resorts. Ltd.. and authorize the Mavor and Citv Clerk to execute the Al!reement. Motion carried 4-0. Commissioner Howell was away from the dais. THIS ITEM WAS TAKEN OUT OF AGENDA ORDER Cemetery adioininf! Forest Ridf!e (Community Development Director Wagner) The Cemetery adjoining Forest Ridge has been identified by the Reconciliation Taskforce as an historic African-American cemetery. The cemetery, located in Orange County, is abandoned and not properly maintained. The ownership is listed as "unknown" in the Orange County records. At the January 21, 2003 City Commission meeting, the Mayor and City Commissioners voted unanimously to direct Staff to annex this property into the City ofOcoee as a first step in the preservation of this historic landmark. The subject property is 1.012 acres and is located south of Basking Ridge Court, north of Burnt Tree Court, and west of Caballlero Court. The requested initial zoning is R-1-A "Single Family Dwelling." Community Development Director 11 Ocoee City Commission Regular Session November 18,2003 Wagner gave the staff report and recommendation of the Planning and Zoning Commission and Development Review Committee to approve. Ordinance No. 2003-44, Annexation City Attorney Rosenthal read the title only of Ordinance No. 2003-44, annexing the Cemetery parcel into the City. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Parker. seconded bv Commissioner Johnson. moved to adoDt Ordinance No. 2003-44. annexinQ: the Cemeterv into the Citv. Motion carried 5-0. Ordinance No. 2003-45, Initial Zoning City Attorney Rosenthal read the title only of Ordinance No. 2003-45, zoning the Cemetery parcel R-1-A. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to adoDt Ordinance No. 2003-45 zoninQ: the Cemeterv Darcel R-I-A. Motion carried 5-0. OTHER BUSINESS Approval and Acceptance of the Minutes of City Commission Regular Session of November 4,2003. (City Clerk Grafton) Commissioner Anderson. seconded bv Commissioner Johnson. moved to aDorove the Minutes of the Citv Commission ReQ:ular Session of November 4.2003. as oresented. Motion carried 5- Q. First Reading of Ordinance No. 2003-60, Amending Section 78-20 of Code Relatinf! to Plan Review. (Fire Chief Strosnider) (Second Reading and Public Hearing will be held on December 2, 2003 at 7:15 p.m.) City Attorney Rosenthal read the title only of Ordinance No. 2003-60 amending Section 78-20 of the Code relating to plan review. Mayor Vandergrift announced the time and date of the second reading and public hearing scheduled for December 2, at 7: 15 p.m. Discussion Re: Doss Property. (Commissioner Howell) Commissioner Howell said he had asked for this item to be on the agenda to see if the Commission wished to readdress this issue. Commissioner Howell. seconded bv Commissioner Anderson. moved to ore sent a oroDosal in the amount of$35.000 to Mr. Doss and brinQ: back a Durchase contract to the Citv Commission for final consideration. Motion carried 3-2 with Commissioners Johnson and Parker voting no. 12 Ocoee City Commission Regular Session November 18,2003 Commissioner Parker. seconded bv Commissioner Anderson. moved to aoorove the next four items (F. G. H. and n as oresented. Motion carried 5-0. F. Approval and Authorization for Mayor and City Clerk to Execute Agreement for Services Agreement between Motorola Incorporated and the City of Ocoee, Florida in the Amount Not to Exceed $22,873.08. (Chief Goclon) G. Approval and Authorization for Mayor and City Clerk to Execute Agreement to Renew the Agreement with the Orange County School Board to Provide School Resource Officers for the 2003/04 School Year. (Chief Goclon) H. Approval and Authorization for Mayor and City Clerk to Execute Agreement with Traffic Control Devices. Inc. for the Construction of the Traffic Signal at the Intersection of Bluford Avenue and Orlando Avenue. (Deputy Public Works Director Zaitooni) I. Award of Bid #B04-0l Replacement of Police Department Air Conditioning System to Apple Air Conditioning & Heating, Inc in the Amount of $30,000.00. (Buyer Tolbert) EMERGENCY ITEMS Mayor Vandergrift declared the following two items to be emergency items due to the time and nature of the requests. Temporary Closing of Public Streets for Ocoee Lions Club Annual Christmas Parade The annual Christmas Parade is scheduled for December 6, 2003, at 10:00 a.m. and the Ocoee Lions Club requests authorization to close the streets involved in the parade from 9:30 a.m. until the parade has passed. Those streets are Roper Parkway, Enterprise Street, Maguire Road, Taylor Street, and portions of McKey Street, Bluford Avenue, and Oakland Avenue. Mavor Vander!!rift. seconded bv Commissioner Parker. moved to aoorove the temoorarv closim! of Citv streets as reauested for the Christmas Parade. Motion carried 5-0. Tri-County Area Open Roads Policy Mayor Vandergrift explained this Policy is an agreement between the Florida Highway Patrol, the Florida Department of Transportation, Local Law Enforcement, and Local Fire Rescue to expedite the removal of vehicles, cargo, and debris from State Highway System Roadways in order to restore in the most efficient and timely manner, the safe, orderly and expeditious flow of vehicles following a crash or incident. The agreement had been distributed to, and adopted by, other entities in Orange County, Osceola County, and Seminole County, but Ocoee had been overlooked in the process. This program sets goals for local law enforcement and fire-rescue along with FHP and FDOT to clear all accidents/incidents from the traveling roadway within 90 minutes of the arrival of the first responding officer. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to adoot the Ooen Roads Policv and authorize the Mavor and Citv Clerk to execute the a!!reement on behalf of the Citv. Motion carried 5-0. 13 Ocoee City Commission Regular Session November 18, 2003 STAFF REPORTS City Manager Gleason 1) Distributed information regarding the Leadership and Strategic Planning Workshop and asked the Commission to review and begin answering questions for future reference. 2) Asked for direction regarding the eminent domain-condemnation of right-of-way on ih Avenue. He said he could put this on the December 2nd meeting. COMMENTS FROM COMMISSIONERS Commissioner Parker said, regarding the water issue and landscape ordinance, she has a meeting with staff on Wednesday and she has two people ready to serve. She asked the Commission to be looking for people to appoint to this committee - business persons, a landscaper, an irrigation expert, a builder/developer, a realtor - so this committee could get started. Commissioner Anderson 1) Announced the Christmas light judging would be done December 8 and 9. 2) Announced the number for parents who wished to arrange a call from Santa for their children. 3) Commented on the pamphlets regarding water conservation (inside and outside) from St. Johns River Water Management District. Mr. Gleason advised SJRWMD had sent 500 brochures to the City along with a disk and authorization to reproduce the pamphlets. Mayor Vandergrift 1) Reported the fountain lights need to be adjusted. 2) A street light is out down there. 3) Plants are dying on the porch. 4) Commented on the policy created by staff regarding how delinquent utility accounts will be handled through the Christmas holidays, and said that policy should have come from this Commission rather than staff. ADJOURNMENT The meeting adjourned at 1 :02 a.m. Attest: APPROVED: City of Ocoee S. Scott Vandergrift, Ma 14