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HomeMy WebLinkAbout07-01-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JULY 1, 2003 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7: 15 p.m. and then called for a moment of silent prayer. 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, City Clerk Grafton, Community Development Director Wagner, Fire Inspector Stanley, Information Systems Director Ross, Police Chief Goc1on, Senior Planner Willman, and Support Division Chief McNeil, PRESENTATIONS AND PROCLAMATIONS - None COMMENTS FROM CITIZENS/PUBLIC - None COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson thanked citizens in District 2 who attended his informational meeting Monday night. Commissioner Parker announced the Police Department Golf Tournament July 12. Mayor Vandergrift announced he had received a call from Ward Britt in Winter Garden, who challenged Ocoee for an Old Timers Ball Game on September 6. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, and H. ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF CITY COMMISSIONERS AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTR UCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. A. Approval of City Commission Re2ular Meetin2 Minutes of June 17.2003. (City Clerk Grafton) B. Reappointment of Education Commission Members. (City Clerk Grafton) The terms of Debra Booth, Phyllis Girley, and Michael Lucas will end August 2003 and each has indicated willingness to serve another 2-year term. This new term will end August 2005. C. Approval and Authorization for Staff to Finalize All Acquisition Requirements for the 29.25 - Acre Poer Property. (Community Development Director Wagner) This authorization will include the expenditure of funds to survey, annex, rezone, change land use and pay all obligations as part of the Agreement for Sale and Purchase. D. Approval and Authorization for Temporary Closin2 of Mill Stream Road. Sawmill Subdivision. for a Block Party. (Building Official Phelps) The event will be held July 4,2003, from 10 a.m. to 12 a.m. The following requirements will be met: (1) All residents that will be affected by the road blockage Ocoee City Commission Regular Meeting July 1, 2003 must be notified in advance, (2) Health Central Ambulance must be notified of the road closure in advance, (3) An emergency lane must be maintained at all times, and (4) Roads must be blocked with proper barricades. E. Approval and Authorization for Mayor and City Clerk to Execute Welline:ton Place Subdivision Plat. (Public Works Director Wheeler) Wellington Place is a 38 lot single-family subdivision located on the southeast corner of A.D. Mims Road and Johio Shores Road. Staff has reviewed and approved the required documentation pertaining to the platting of this subdivision and recommends approval. F. Approval and Authorization to Use Traffic Surchare:e Funds for In-Vehicle Reportine: System. (Police Chief Goclon) Orange County has made $22,805 in traffic surcharge monies available to the police department for use with the In- V ehic1e Reporting/Silent Dispatch System. This amount will provide 5 laptops and it must be expended before August 1,2003, or the funds will automatically roll into the lease account for the new radio consoles for which the City entered into a lease agreement this year. The police department must first purchase the items with City funds and Orange County will reimburse upon presentation of receipts for the items purchased. Staff requests the bid or quote process be waived for this particular purchase as the City has recently purchased the same model computers and the computers and licenses are proprietary and/or sole source items. G. Approval and Authorization to Transfer $6,000 from Fire Department Operating Account No. 001-522-00-5202 to Fire Department Equipment Capital Account No. 001-522-00-6400 for the Purpose of Replacine: Non-Operable Ice Machines. (Fire Chief Strosnider) The ice machines at Station One and Station Four are non-operable and the cost of repair exceeds the cost of replacement. Ice is stored on each engine for personnel hydration and emergency medical calls. The purchasing procedure will be followed and written quotes will be obtained. H. Approval and Authorization to Transfer $2,019 from Fire Department Operating Account No. 001-512-00-5202 to Fire Department Equipment Capital Account No. 001-512-00-6400 for the Purpose of Purchasing Radio Headsets for New Ene:ine Three. (Fire Chief Strosnider) The new Engine Three was purchased without the headset option, because the headsets must be consistent with the Fire Department's existing apparatus. Sigtronics Emergency Vehic1e Intercom System is the type currently in use. The purchasing procedure will be followed and written quotes will be obtained. PUBLIC HEARINGS Forest Trails Subdivision (f.k.a. Battae:lia Property) Preliminary Subdivision Plan. (Community Development Director Wagner) Community Development Director Wagner gave the staff report. The Forest Trails Subdivision (formally known as the Battaglia Property) is located along the north side of Clarcona Ocoee Road about 1,000 feet west of Apopka- Vineland Road. The Preliminary Subdivision Plan proposes 136 single-family residential lots on 62.2 acres. The property is zoned R-1AA requiring a minimum lot width of 75 feet and lot size of 9,000 SF. The northern 2 Ocoee City Commission Regular Meeting July 1,2003 edge of the property abuts the West Orange Trail, and the western edge abuts a wetland area that is associated with Trout Lake, which will be covered by a conservation easement dedicated to the City. The surrounding land to the north and west is not in the City. It is undeveloped with Orange County A-I zoning. To the east the land is also not in the City, and is also undeveloped, but with Orange County C-1 zoning. On the south side of Clarcona Ocoee Road, the property is zoned R- 1AA in the City and is currently under construction as the Windstone at Ocoee Subdivision. The developer is requesting one waiver from the normal Code requirements to allow a block length greater than 1,000 feet. The justification listed in the waiver table on Sheet 2 indicates that the locations of the entrance roads shown on the plan, resulting in the need for the waiver, are consistent with entrance locations in the Orange County plans for widening Clarcona Ocoee Road. It also indicates that the waiver allows a larger open space buffer along the West Orange Trail. This waiver was approved for the Windstone subdivision on the south side of Clarcona Ocoee Road. Planning staff supports this waiver request. In 1994, Orange County, the City of Ocoee and Battaglia Fruit Company entered into a Tri-Party Agreement that addressed certain issues related to this property in an effort to protect the Clarcona Rural Settlement Area from expanding urban growth. One of those issues was a requirement for a 2S-foot buffer along the eastern boundary of the property. Subsequently, Orange County rezoned the land adjoining the east end of the property to commercial, thereby eliminating the need for the 2S-foot buffer. Within the past few months, all three parties have approved an amendment to the Tri-Party Agreement that eliminated the 2S-foot buffer requirement. The Amendment does, however, require the Developer to notify prospective purchasers in writing and by visual display that the adjoining property to the east is zoned Commercial. The Development Review Committee (DRC) reviewed the Forest Trails Preliminary Subdivision Plan on May 27, 2003, and voted unanimously to recommend approval of the Preliminary Subdivision Plan with minor changes to the plans as discussed at the meeting to be made prior to the Planning & Zoning Commission hearing. These changes were made and shown on the plans date stamped "Received June 5, 2003." On June 10, 2003, the Planning and Zoning Commission considered the proposed Preliminary Subdivision Plan for the Forest Trails Subdivision. During the discussion, the Commission asked questions regarding tree protection, especially along the West Orange Trail, which were addressed by Staff and the Applicant. There was also concern about notifying the homebuyers that the adjacent property is zoned commercial. This issue is addressed in the First Amendment to the Tri-Party Agreement. The question was also raised as to whether Orange County would require that a buffer wall be constructed along the eastern boundary when the commercial property is developed. According to the Orange County Code, a 15' opaque buffer would be required when the adjacent commercial property is developed When the discussion was finished, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed Preliminary Subdivision Plan in accordance with the Staff 3 Ocoee City Commission Regular Meeting July 1,2003 recommendation, but with an additional condition that a tree preservation plan be provided to avoid the need for filling and to save as many trees as possible along the West Orange Trail. Staff recommended approval of the Preliminary Subdivision Plan for Forest Trails Subdivision, as date stamped received by the City on June 5, 2003, including the requested waiver, with consideration to the additional recommendation made by the Planning and Zoning Commission. In addition, Mr. Wagner asked for direction to negotiate with the developer for acquisition of parkland area with the tradeoff being to allow the developer to extend his stormwater management into the 100-year flood plain. Kevin Kramer, Professional Design Associates, 3165 McCrory Place, Orlando, was present to respond to any questions. The public hearing was opened. R.P. Mohnacky, 1820 Prairie Lake Blvd, raised several questions regarding the definition of passive recreation area and flood plain, to which Mr. Wagner responded. The public hearing was closed. A brief discussion followed, and Commissioner Howell expressed concern that the homeowners next to the trail might put their fences up in the buffer strip, since the developer is not required to put up a fence. Commissioner Parker.. seconded bv Commissioner Johnson. moved to aDorove Forest Trail Subdivision Preliminary Subdivision Plan. as date stamDed received bv the Citv on June S. 2003. as oresented and recommended bv Staff. includinll the waiver from the normal Code reauirements to allow a block lenllth llreater than 1.000 feet. with an additional condition that a tree Dreservation Dlan be orovided to avoid the need for fillinll and to save as manv trees as Dossible alonll the West Oranlle Trail. and to llive direction to Staff to nellotiate for the Dark area as reauested. Motion carried 5-0. OTHER BUSINESS First Reading of Ordinances. Second Readings and Public Hearings Scheduled for July 15, 2003 at 7:15 p.rn. Ordinance No. 2003 -24, RepealinglReplacing Articles I, II, and III of Chapter 173 of the Code and Other Amendments to Chapter 173; Revising and Increasing Sewer and Water Rates and Charges. (Public Works Director Wheeler) Ordinance No. 2003 - 25, Amending Chapter 174 of the Code Relating to Reclaimed Water. (Public Works Director Wheeler) City Attorney Rosenthal read the titles only of Ordinance No. 2003-24 and Ordinance No. 2003-25 for the first reading. Mayor Vandergrift announced the second readings and public hearings for both ordinances are scheduled for July 15,2003 at 7: 15 p.m. 4 Ocoee City Commission Regular Meeting July 1, 2003 Settlement of Code Enforcement Fines Agreement with Colony Plaza Condominium Association, Inc. (City Attorney Rosenthal) City Attorney Rosenthal presented the staff report and recommendation, explaining the reason the backup material was not in the packet was that they had been in conference negotiating this afternoon with John Holdsworth, the court appointed receiver, and his attorney, right up until close to 7:00 p.m. Mr. Rosenthal outlined the details of the Agreement and gave a timeline for the completion of bringing the building into compliance as to the Code violations and site issues. He said Mr. Holdsworth had as his goal restoring the Colony Plaza as a hotel. The Agreement calls for the Receiver to put together some plans which would be submitted to the Building Department and Planning Department to address curing the Code violations and site issues, to move those through the City's normal processes, to pay all of the normal application fees, to post with the City a $10,000 review deposit, and hopefully as a result have plans for which the City will issue building permits, and on a phased basis, start to bring the facility into compliance. The Agreement provides that, prior to the issuance of any building permits the City would receive a check from the Receiver in the amount of$140,000, which is intended to reimburse the City for its out of pocket expenses. The fines will remain in place until the entire facility is brought into compliance. The Code violations will have to be cured, a certificate of occupancy will have to be issued for both buildings, a certificate of completion will have to be issued for the exterior site issues. When that happens, the City will waive the fines, so there will be no additional payment to the City at that point. Commissioner Anderson. seconded bv Commissioner Johnson. moved to aoorove the Settlement Allreement with Colonv Plaza Condominium Association. Inc. as oresented and to authorize the Mavor and Citv Clerk to execute. Motion carried 5-0. Resolution No. 2003-15, in Support of Orange County Transportation Mobility 20/20 Initiative. (City Manager Gleason) City Manager Gleason presented the Resolution and said he had been assured by the county that if the City moves ahead and completes any of the road projects that are on the Mobility 20120 plan the City would still receive the monies to pay for the projects. Mayor Vandergrift stated he was uncomfortable moving forward with a Resolution before getting an Interlocal Agreement in place and he handed the gavel to Mayor pro tern Anderson as he stepped away from the dais. Commissioner Parker. seconded bv Commissioner Anderson. moved to adoot Resolution No. 2003-15 in suDDort of Oranlle Countv TransDortation Mobilitv 20120 Initiative. Motion carried 4-0. Mayor Vandergrift was away from the dais. Call Meeting for July 29, 2003 at 6:00 p.m. to Set Millage Rate. (City Manager Gleason) Without objection, a Special Session was scheduled for July 29, 2003, at 6:00 p.m. in the Commission Chambers, for the purpose of setting a millage rate for fiscal year 2003-2004. Appoint Voting Delegate for Florida League of Cities Conference of August 14-16,2003. (City Manager Gleason) 5 Ocoee City Commission Regular Meeting July 1, 2003 Commissioner Anderson. seconded bv Commissioner Johnson. moved to aDDoint Mavor Vandemrift votinll delellate for the Florida Leallue of Cities Conference of AUllUst 14-16. 2003. Motion carried 5-0. EMERGENCY ITEM At Commissioner Parker's request, Mayor Vandergrift declared the adoption of Resolution No. 2003-16 to be an emergency item. Commissioner Parker said she had requested this item at the last meeting but due to miscommunication it had been omitted from this agenda. She then presented the Resolution for consideration, and after reviewing the details suggestions were made to make several changes: add space for an e-mail address to the speaker's form, and change the petitioner's time to speak from 20 minutes to 15 minutes. Commissioner Johnson also said there should be a police officer present at each meeting. Commissioner Parker. seconded bv Commissioner Johnson. moved to adoot Resolution No. 2003-16. adoDtinll the Civilitv Code and new sDeaker's form with the chanlles as discussed. Motion carried 5-0. ST AFF REPORTS City Manager Gleason asked that $2,000 be transferred from Contingency to Fire Department Travel Fund to send Assistant Fire Chief Firstner, Support Division Chief McNeil, Fire Inspector Stanley, and Engineer/Paramedic Ellis to attend the Homeland Security Sessions and other classes presented by the Florida State Weekend Fire Academy Commissioner Johnson. seconded bv Commissioner Parker. moved to transfer $2.000 from Continllencv to the Fire DeDartment Travel Fund for the Durnose as reauested. Motion carried 5- Q. City Manager Gleason advised the budget was calculated before Commissioner Johnson was appointed delegate to the National League of Cities Conference and more funds were needed in the Commission Travel Account to cover those expenses. Commissioner Anderson. seconded bv Commissioner Parker. moved to authorize the transfer of $3.500 from Continllencv to the Commission Travel Account. Motion carried 5-0. City Manager Gleason acknowledged Florida Auto Auction for providing 35 tickets for Ocoee employees to attend the pole races this week (and the same for Winter Garden as well). COMMENTS FROM COMMISSIONERS Commissioner Parker 1. Said she has a meeting July 9 with Commissioner Jacobs to discuss animal control and she asked for concerns to report. Commissioner Howell said around Marlene Drive needed attention. City Manager Gleason said he would provide a GIS map for her. 2. Said she is liaison to the Founders Day Board and cannot always be present for the whole meeting. She asked that a synopsis of the meetings be provided. Mr. Gleason said he would pass on the request to Parks/Recreation Director Farmer. 6 Ocoee City Commission Regular Meeting July 1,2003 Commissioner Johnson 1. Said the color of the fire house on Maguire Road is too bright and he wants it changed. 2. Said he still has not received a report on the lights that were to go around Starke Lake. 3. Wants to be sure he is included when there are meetings regarding the Downtown Plan, 4. Said he has learned that other Commissions/Councils go on two-day retreats and he would like to see this Commission do that as well. Mr. Gleason advised he is budgeting for a retreat for strategic planning. S. Discussed the condition of the West Oaks Mall and the fact that out parcels are not selling as hoped. Would like to see additional police control at the Mall. 6. Said he has no problem suing OCPS about the naming of Ocoee High School and he wants a letter to OCPS telling them they took away Ocoee's high school twice and it was time to return it. 7. Announced to citizens in his district he would be happy to attend their homeowners association meetings to discuss rate studies. Commissioner Anderson said this is a holiday weekend and cautioned everyone to drive carefully. Commissioner Howell asked if all employees had an opportunity to attend training sessions like the one just approved for the Fire Department, and he was assured that department directors budget for training for personnel. Mayor Vandergrift 1. Said the West Orange Times stated the City of Ocoee was privatizing solid waste and said he understood we were just advertising for RFPs. 2. Said he would like to see the Coke property called Ocoee Educational Research and Recreational Park, but noticed it is being referred to as Crown Point Park. Commissioner Parker suggested asking staff and employees to suggest names for the whole area. 3. Reported on his presentation to OCPS for naming the school Ocoee High School. Mr. Gleason said he would direct Gequita to look into coordinating attendance for the entire Commission at an OCPS meeting. Jim Fleming, 511 Orange Avenue, said he had made many calls to OCPS and had advised them he would leave them alone as soon as they promised to name Ocoee High School. ADJOURNMENT The meeting adjourned at 9:22 p.m. Attest: APPROVED City of Ocoee ~~ .;;;; S. Scott Vandergrift, Mayor Je 7