Loading...
HomeMy WebLinkAbout12-02-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD DECEMBER 2, 2003 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Commissioner Anderson led in prayer and Frances Watts 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 City Manager Gleason, City Attorney Rosenthal, Assistant to the City Manager Shira, Building Official Phelps, City Clerk Grafton, Community Development Director Wagner, Parks/Recreation Director Farmer, Police Chief Goclon, Public Works Director Wheeler, and Deputy Public Works Director Zaitooni. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentation - Founders' Day 2003 Report-Committee Chairman Miller Mr. Miller was unable to be present; therefore this item will be addressed at the December 16, 2003 meeting. COMMENTS FROM CITIZENS/PUBLIC Garry Thomas, 16 Floral Street, reported Police Officer Simon had "gone the extra mile" in returning dogs that had been separated from their owner for several weeks and he explained the circumstances. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker 1) Announced Annual Christmas Dinner on December 12 for senior citizens and needy families at Ocoee Middle School Cafeteria from 5:00 p.m. to 8:00 p.m. 2) Reported the relationship with Orange County is improving. The new dog park on Marshall Farms Road next to the YMCA will open December 6. Commissioner Anderson 1) Announced the number for parents to call to have Santa call their children. 2) The judging for the Christmas lighting will be December 8 and 9. 3) Santa will be at the Withers-Maguire House December 13 from 6:00 p.m. to 8:00 p.m. Commissioner Howell announced the Christmas Parade will be December 6 at 10:00 a.m. in Ocoee and 1 :00 p.m. in Winter Garden. Mayor Vandergrift read a thank you note from the schools to City employees (especially Janet Shira) for the backpack fillers Ocoee City Commission Regular Meeting December 2, 2003 PUBLIC HEARINGS McCormick Woods-Preliminary Subdivision Plan (Community Development Director Wagner) Community Development Director Wagner gave the staff report, noting that McCormick Woods is located on the south side of McCormick Road between the Western Expressway (S.R.429) and Ingram Road. The Preliminary Subdivision Plan proposes 182 single-family residential lots on 62 acres. After giving an overview of the hearings with the Development Review Committee and Planning and Zoning Commission, Mr. Wagner said staff recommends approval of the plan with the condition to make the sidewalks in Tract C and Tract I 6-feet wide rather than 4-feet wide. The public hearing was opened. Larry Jenkins, general manager for Orlando Memorial Gardens, 5620 Ingram Road, asked several questions, to which Mr. Wagner and Randy June responded. The public hearing was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to anDrove the Preliminarv Subdivision Plan for McCormick Woods. as date stamned received bv the Citv on October 31. 2003. with a condition to make the sidewalks in Tract C and Tract I 6-feet wide. Motion carried 5-0. Later in the meeting Mayor Vandergrift realized he had overlooked a person who wished to speak on this item and he called Mr. Gormican to address the Commission. Robert F. Gormican, 980 W. McCormick Road, Apopka 32703, said he did not object to McCormick Woods but was concerned about the growth on McCormick Road and that children on the road on bicycles and foot traffic would not have a sidewalk. He said since Orange County owns all of the north side of McCormick he thought the city should contact the parks managers (Mr. Prior and Mr. Ray) and ask them to put bike trails next to their horse trails. Ordinance No. 2003-60, Amending Section 78-20 of Code Relating to Plan Review. (Fire Chief Strosnider) (Second Reading and Public Hearing to be continued to December 16, 2003, at 7: 15 p. m. to allow time for advertising.) City Attorney Rosenthal read the title only of Ordinance No. 2003-60. Mayor Vandergrift opened the public hearing and announced the public hearing for this Ordinance needs to be continued to allow time for advertising. Commissioner Anderson. seconded bv Commissioner Parker. moved to continue the nublic hearillll for Ordinance No. 2003-60 until December 16 at 7:15 n.m. Motion carried 5-0. ANNOUNCEMENTS Mayor Vandergrift announced that Willie Fields is in the hospital, Harold Maguire is coming home from the hospital, Nell Minor fell, Barry Moore died and Dennis Curey died. 2 Ocoee City Commission Regular Meeting December 2, 2003 OTHER BUSINESS First Reading of Ordinances -Second Readings and Public Hearings will be held on December 16, 2003, at 7: 15 p. m.) City Attorney Rosenthal read the title only of Ordinance No. 2003-61 and Ordinance No. 2003- 62 and Mayor Vandergrift announced the time, date and place of the second readings and public hearings. Prairie Lake PUD-Land Use Plan Amendment-Ordinance No. 2003-62, Rezoning (Community Development Director Wagner) Ocoee Commons PUD-Land Use Plan Amendment-Ordinance No. 2003-61, Rezoning (Community Development Director Wagner) Forest Trails-Final Subdivision Plan (Community Development Director Wagner) Community Development Director Wagner gave the staff report using the overhead to display details of the plan. Forest Trails Subdivision is located along the north side of Clarcona Ocoee Road about 1,000 feet west of Apopka - Vineland Road. The Final Subdivision Plan proposes 136 single-family residential lots on 62.2 acres. He said staff recommended approval with Waivers 2 and 3, but staff remained neutral on Waiver 4 Karen Spallina, E. H. Development, Inc., said they have no problem with all the other things they were asked to do and they complied; however, they are concerned about putting in an isolated amenity center with four public accesses before there are homes in the area and a neighborhood watch is set up. Commissioner Anderson. seconded bv Commissioner Parker. moved to anDfove the Forest Trails Final Subdivision Plan date stamned received bv the Citv on November 5. 2003. inc1udinl! Waivers # 2 and # 3 and allow un to 50 buildinl! nermits after the Certificate of Occunancv is issued for the Recreational Center. Motion carried 4-0 with Mayor Vandergrift voting no. Wines Property (a.k.a. The Vineyards)-Final Subdivision Plan (Community Development Director Wagner) Community Development Director Wagner gave the staff report and displayed the details of the Plan on the overhead. He advised the Developer is requesting a name change from The Wines Property to The Vineyards. The Wines Property is located at 2500 Ocoee-Apopka Road. The Plan proposes 100 single-family residential lots on 38 acres located on the west side of Ocoee-Apopka Road, approximately 600 feet north of West Road. Staff recommended approval subject to increasing the size of the sidewalk from 4-feet to 6-feet in Tract C. (Clerk's note: The tract was later corrected to Tract E) Frances Watts, 43 Shell Key Court, asked if consideration has been given to the water supply needs for the next generations, with all of this growth. City Manager Gleason responded to her questions. 3 Ocoee City Commission Regular Meeting December 2, 2003 R. P. Mohnacky, 1820 Prairie Lake Boulevard, discussed the kind of grass to be used in the development. Commissioner Parker responded staff has some model ordinances for a new committee to review to submit recommendations to change the requirements. Kyle Sanders, Cambridge Homes, spoke briefly, thanking the Commission and staff for their time. Mavor oro tem Anderson. seconded bv Commissioner Johnson. moved to aODfove the Final Subdivision Plan for Wines Prooertv. a.k.a. The Vinevards. as date stamoed bv the Citv received November 5. 2003. to include 6-foot sidewalks. and aODfove the request to chan2:e the name of the Wines Prooertv subdivision to The Vinevards. Motion carrieed4-0. Mayor Vandergrift was away from the dais. Kohlmeier -Variance Fee Waiver Request (Community Development Director Wagner) Community Development Director Wagner gave the staff report, advising Mr. Kohlmeier and Ms. Kelley had submitted a letter requesting a fee waiver on a variance for their property. The Code Enforcement Inspector had found the applicant had put up a six-foot fence in violation of the Code and that was corrected to four feet. Then the applicant came in regarding paving the driveway up to the property line and they were advised they would need to apply for a building permit. The applicant poured the driveway without a permit and was brought before the Code Enforcement Board. That Board recommended the only way the applicant could avoid a fine would be to secure a variance from the Zoning Board of Adjustment. The applicant came in to fill out the variance request but did not want to pay the $1,500 required to process the variance request. Staff recommended denial of the request. Mr. Kohlmeier, 465 Meadow Sweet Court, said he had a contractor do his driveway just like his neighbors had done theirs, and when he spoke with someone in the Building Department they said they would take care of it. There was discussion regarding the fees and possibly adopting a sliding scale fee. Building Official Phelps said once the variance issue is resolved he would assist Mr. Kohlmeier in dealing with the contractor who did the work without a permit. Mavor oro tem Anderson. seconded bv Commissioner Parker. moved to denv the develooment review fee waiver request bv Richard J. Kohlmeier and Vir2:inia R. Kellev. Motion carried 3-1 with Commissioner Howell votin2: no. Mayor Vandergrift was away from the dais. Professional Parkway/Old Winter Garden Road Widening Project (Assistant City Attorney Doty) City Attorney Rosenthal gave the staff report, noting the City needs to acquire a Sidewalk Easement and a Non-Exclusive Temporary Easement Agreement from 1555 Boren, LLC, property. The appraised values of these easement interests are $304.00 (50 square feet) and $3,417.00 (1,802 square feet). The property owner has agreed to convey these interests to the 4 Ocoee City Commission Regular Meeting December 2, 2003 City for their appraised values and the payment of $500.00 in attorneys' fees and $500.00 in appraisal fees. Mavor oro tem Anderson. seconded bv Commissioner Johnson. moved to aoorove (1 ) the sidewalk Easement Al!reement and Non-Exclusive Temoorarv Easement Al!reement authorizinl! execution thereof bv the Mavor and Citv Clerk: and (2) the oavment of $3.721.00 to 1555 Boren. LLC. for the easements and the oavrnent of $500.00 to Dean. Mead. El!erton. Bloodworth. Caoouano & Bozarth. P.A. and $500.00 to Calhoun. Drel!l!ors & Associates. Motion carried 4-0. Mayor Vandergrift was away from the dais. MiIlinf! and Resurfacinf! of Kimball Drive, Story Road, Flewelling Avenue, and Sleepy Harbour Subdivision -Approve Utilization (piggyback) of Orange County Contract YO- 1019 with Ranger Construction Inc. for $159,496.64. (Deputy Public Works Director Zaitooni) Commissioner Parker. seconded bv Commissioner Anderson. moved to aoorove the millinl! and resurfacinl! of Kimball Drive. Storv Road. Flewellinl! A venue. and Sleeov Harbour Subdivision and the utilization (oil!l!vback) ofOranl!e Countv Contract YO-1019 with Ranl!er Construction Industries. Inc. for $159.496.64. Motion carried 5-0. Approval and Acceptance of the Minutes of City Commission Special Session for the Tentative Budget of September 10, 2003. (City Clerk Grafton) Commissioner Anderson. seconded bv Commissioner Parker. moved to aoorove the Minutes of the Tentative Budl!et Soecial Session held Seotember 10. 2003. as oresented. Motion carried 4-0. Commissioner Howell was away from the dais. Resolution No. 2003-24, Amending the Membership Requirement for the Ocoee Education Commission. (Assistant to the City Manager Shira) City Attorney Rosenthal read the title only of Resolution No. 2003-24 amending the membership requirement for the Ocoee Education Commission to allow a maximum of three members who do not need to be Ocoee residents. Commissioner Johnson. seconded bv Commissioner Parker. moved to adoot Resolution No. 2003-24 as oresented. Motion carried 4-0. Commissioner Howell was away from the dais. Approval and Authorization for the Mayor and City Clerk to Execute Af!reement with INVENSYS for the Acquisition of the VXU with Computer and Vehicle Radio-Read ADD- ON for Auto-Read System for the Ocoee Water Department in the Amount of $22,600.00 and to Waive the Purchasing Manual Policy of Competitive Bidding and Allow the Department to use INVENSYS as the "Best Source" Vendor. (Pubic Works Director Wheeler) Pubic Works Director Wheeler gave the staff report and said with this device the City may be able to cost share with Winter Garden and others. 5 Ocoee City Commission Regular Meeting December 2, 2003 Commissioner Johnson. seconded bv Commissioner Parker. moved to waive the Purchasinll Manual oolicv of comoetitive biddinll and allow the Deoartment to use INVENSYS as the best source vendor and aODrove the ourchase of the VXU and comouter with the ADD-ON for the Auto-read svstem in the amount of $22.600.00 from INVENSYS. which is comoatible with the Citv's existinll meterinll confilluration and software. Motion carried 5-0. Reappointment of James Coschie:nano to Police Officers'IFirefighters' Retirement Trust Fund Board of Trustees. (Chairman Tony Wilson) Commissioner Johnson. seconded bv Commissioner Anderson. moved to aoooint James Coschillnano to serve another term as the fifth member of the Police Officers' /Firefillhters' Retirement Trust Fund Board of Trustees. as reauested bv the other four Trustees. Motion carried 5-0. Authorization for the Mayor and City Clerk to Execute the Vote Processine: Use Ae:reement and the Election Contract with Orange County Supervisor of Elections for the 2004 Elections. (City Clerk Grafton) Commissioner Anderson. seconded bv Commissioner Johnson. moved to aODrove the Vote Processinll Use Allreement and the Election Contract with Oranlle Countv Suoervisor of Elections for the 2004 elections and authorize execution thereof bv the Mavor and Citv Clerk. Motion carried 5-0. STAFF REPORTS Cit Manager Gleason said Congressman Keller's office had advised Ocoee's was one of the only approvals in the HUD V A Bill that was approved for the fiscal appropriations this year for an additional $200,000.00 towards the veterans/senior center and that is on top of the $200,000.00 we will be receiving shortly; therefore there will be additional paperwork processed for the second bout. COMMENTS FROM COMMISSIONERS Commissioner Parker 1) said she had contacted volunteers for the Landscape Ordinance Committee and listed their names. She asked that this list be accepted and that each of the elected officials assign more members and direct this committee to begin meeting in January 2004. Without obiection the following list of volunteers was appointed to the Landscape Ordinance Committee. Kay Behrens, West Oaks Mall Gayla Burgess, Wal-Mart Supercenter Bill Korzeniowski, Dunkin Donuts Robert Holland, City of Ocoee Janet Shira, City of Ocoee George Bori, Groundtek Phil Gregory, Health Central Hospital Ted Dewitt, Dewitt Construction Rose Beavers, Century 21 Real Estate. John Dowler, 2543 Dovetail Drive 6 Ocoee City Commission Regular Meeting December 2, 2003 2) said the Historic Commission has been working on setting up an historic preservation district area, but may be taking a different approach. She said they will hold meetings and come back with suggestions. One person has proposed keeping a photo record of buildings inside and out. 3) Commissioner Parker. seconded bv Commissioner Johnson. moved to reinstate the consent allenda and direct staff to out tOllether a oolicv that in order to remove an item from the consent allenda for seoarate consideration a motion will be necessarv with affirmative vote of the maioritv of the Commission votinll in favor. Motion carried 3-2 with Commissioners Anderson and Howell votinll no. Commissioner Johnson announced Bob Gosselin died Thursday and a Mass will be said for him this week. Commissioner Anderson 1) Announced the judging of Christmas lights will be done December 8 and 9 2) Gave the number for parents to call to arrange for a call from Santa for their children 3) Announced the tree lighting ceremony at the Withers-Maguire House December 13 at 8:00 p.m. Commissioner Howell 1) Announced the Christmas parade December 6 at 10:00 p.m. 2) Said he wants to reduce the late fees and cut off fees since the rate increase is in effect. Mr. Rosenthal asked him to delay this until after the next meeting - and put it on the January 6 agenda. Mayor Vandergrift 1) Asked how to get the fountain set on the proper time. Public Works Director Wheeler said he would check into it again. 2) Said he will not be able to attend the Municipal Advisory Team meeting and asked for someone to cover the meeting for him. Mr. Gleason said he will send Terry James. ADJOURNMENT The meeting adjourned at 9:12 p.m. Attest: APPROVED: City of Ocoee 7