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HomeMy WebLinkAbout03-04-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD MARCH 4, 2003 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers. Pastor J. Geron Rogers, Ocoee Church of the Nazarene, led in prayer and Frances Watts led the Pledge of Allegiance to the Flag. Taylor Elliott, 7th Grader at Circle Christian School, sang the National Anthem. 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 City Attorney Doty, Assistant to the City Manager Shira, City Clerk Grafton, Community Development Director Wagner, Fire Chief Strosnider, Assistant Fire Chief Firstner, Support Division Chief O'Neil, Parks/Recreation Director Farmer, Planning Manager Lewis, Police Chief Goclon, and Sergeant McCosker. ABSENT: None PRESENTATIONS AND PROCLAMATIONS MVP Awards - Approval of Agreement and Presentation of Checks Assistant to the City Manager Shira advised three of the nine applications approved by this Commission for MVP grants have been deemed to be complete and she invited representatives of those homeowner associations to come forward and receive their checks. 1. Lake Olympia Club - not present 2. Admiral Pointe 3. Sleepy Harbour Homeowner Association Communicator Awards to Police, Fire and Communications Staff, and special acknowledgement of Bill Suchy for winning the video awards. Mrs. Shira explained this award is an annual international awards program founded by communications professionals to recognize excellence in the communications field. This award of excellence was won for the video for public safety produced last year through the efforts of Bill Suchy, TV Station Manager, and she presented the award to him. Mr. Suchy recognized his OGTV team, Ken Goldberg, Tim Blazczyk, Jerry Freeman, Ray Clips, Michael Sythe, and student interns Christian Blom, Melissa Cooper, Charlene Colon and Christine Skosky. He introduced and also presented awards to his co-producers on the award winning videos: Police Chief Goclon, Fire Support Division O'Neil, and Chief Communications Supervisor Simanski. Mayor Vandergrift read a proclamation proclaiming March 2003 to be American Red Cross month in the City of Ocoee. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Anderson. seconded bv Commissioner Johnson. moved to aoprove the consent alZenda as oresented. Motion carried 5-0. Ocoee City Commission Regular Meeting March 4, 2003 A. Approval and Acceptance of Minutes of City Commission Regular Meeting of February 18, 2003. (City Clerk Grafton) B. Approval of Proposal for Bidding and Construction Phase Services for the Old Winter Garden Road Project with Professional Engineering Consultants, Inc., and Authorization for Mayor and City Clerk to Execute Addendum No. 03-01 in the Amount of $431,472.00. (Public Works Director Wheeler) Addendum No. 03-01 to the Agreement for Consulting Engineering Services between the City of Ocoee and Professional Engineering Consultants, Inc. covers bidding and construction phase services for the Old Winter Garden Road Project. The components ofthe Add~ndum and the services covered are enumerated in the staff report. Staff recommends authorization of the Addendum for the amount stated above in accordance with PEC's proposal dated February 27,2003. C. Approval and Authorization for Purchase of New Air Conditioning Unit at the Wastewater Treatment Plant. (Public Works Director Wheeler) The existing 2-ton air conditioning unit, which is part of a "split system," malfunctioned and needed to be repaired. The unit could not be restored to working condition and, in order to not overload the primary unit in the HV AC system, must be replaced. Three quotes were obtained for this replacement. Staff recommends purchasing from Apple Air Conditioning at a cost of $2,981.00 a new 2-ton air conditioning unit with a 10kw heat strip. This cost covers the removal and disposal of the existing unit and installation of the new unit. Staff requests authorization to transfer funds from the Wastewater Operating account to Wastewater CIP account to cover this purchase and installation. COMMENTS FROM CITIZENS/PUBLIC Frances Watts reported on the Sadie Hawkins Day dance, thanked Mayor Vandergrift for renewing the vows of several couples that day, and encouraged people to buy breast cancer stamps. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced the Relay for Life begins at 6:00 p.m. Friday at West Orange High School and the Woman's Club ofOcoee's annual corned beef and cabbage dinner will be held Friday, March 14, from 11 :00 a.m. to 7:00 p.m. for $7.00. Mayor Vandergrift read an invitation from Leibowitz and Associates to their annual Cable and Telecommunication Law Seminar to be held Thursday, March 13 at the Renaissance Orlando Hotel in Orlando. City Manager Gleason advised that Janet Shira would be attending for the City. PUBLIC HEARINGS Second Readings of Ordinances Page 2 of8 Ocoee City Commission Regular Meeting March 4, 2003 Ordinance No. 2003-09, MultiFamily Development Standards, Amendment to the Land Development Code. (Community Development Director Wagner) Upon adoption, this Ordinance creates a new Section 6-15 in the Land Development Code. These standards will apply to all multi-family development in all zoning districts, including areas with PUD zoning. City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner said the staff report was given at the first reading of the Ordinance and the direction given to staff at that meeting was to add language regarding two additional issues: prohibiting short term rentals and the use of garages within multi-family developments. Those issues became Sections 15 and 16 on page 4 of the Ordinance. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell. seconded bv Commissioner Parker. moved to adoot Ordinance No. 2003-09 aoorovinlZ the orooosed amendment to the Land Develooment Code establishinlZ Multi- Familv Develooment standards. Motion carried 5-0. Ordinance No. 2003-10, Ocoee Church ofthe Nazarene, Project No. LS-99-015, PUD Zoning/PUD Land Use Plan. (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Ordinance, Community Development Director Wagner gave the staff report. The site includes about 4.7 acres and is located on the east side of Clarke Road, about half way between Silver Star Road and White Road. The site will ultimately include a worship center, a family life center, religious education and child day care. The Church anticipates building its facilities in three phases and the Applicant has requested one waiver involving the 50 foot building setback along the southern property line. The Applicant believes that a 25 foot setback along the southern property line is justified because the entire southern boundary is adjacent to a retention pond rather than residential homes, and it allows more flexibility to provide landscaped open space in the interior of the site. Staff supports this request and recommends approval. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to adoot Ordinance No. 2003-10. aoorovinlZ PUD ZoninlZ and the PUD Land Use Plan for the Ocoee Church of the Nazarene. including: the orooosed waiver of a 25 foot setback alonlZ the southern orooertv line. as date stamoed received bv the Citv on Februarv 6. 2003. subiect to the execution of the Develooment AlZreement. Motion carried 4-0. Commissioner Howell was away from the dais. Development Agreement (not a public hearing) Commissioner Anderson. seconded bv Commissioner Parker. moved to aoorove the Develooment AlZreement with the Ocoee Church of the Nazarene as oresented and authorize the Mavor and Citv Clerk to execute. Motion carried 4-0. Commissioner Howell was away from the dais. Page 3 of8 Ocoee City Commission Regular Meeting March 4, 2003 THIS ITEM WAS TAKEN OUT OF AGENDA ORDER. Glad Tidings Church Property located at 1701 Adair Street: Discussion Regarding Acquisition. (City Manager Gleason and ParksIRecreation Director Farmer) City Manager Gleason reported, in response to Commission direction, that staff had evaluated the benefit of the property and building to the city's recreation department and found both could benefit the department, and since the land and buildings were already located next to Sorenson field, there would be minimal impact to the area residents. The appraisal acquired valued the property at $425,000 versus the church's appraisal of $432,000. Commissioner Anderson. seconded bv Commissioner Johnson. moved to direct staff to meet with reoresentatives of the Glad TidinlZs Church to nelZotiate a ourchase alZreement to brinlZ back to the Citv Commission. Motion carried 5-0. Commissioner Howell stated for the record he was a member of this church, but that he had been advised by counsel there was no conflict of interest. THIS ITEM WAS TAKEN OUT OF AGENDA ORDER. Approval of Purchase Contract with Joanne Poer (Crown Point). (City Attorney Rosenthal and Community Development Director Wagner) Community Development Director Wagner advised Joanne M. Poer owns approximately 34.6 acres of land which is adjacent to the City's proposed Crown Point PUD. This land consists of uplands and wetlands and is believed to be suitable for residential development and incorporation into the residential portion of the Crown Point PUD. He added that Staff recommends approval of this purchase. Commissioner Anderson. seconded bv Commissioner Johnson. moved to aoorove the AlZreement for Sale and Purchase between Joanne M. Poer and the Citv of Ocoee and authorize execution thereof bv the Mavor and Citv Clerk and further authorize the Citv staff to oursue all necessarv due dililZence investilZations with resoect to the real orooertv and orovide a reoort back to the Citv Commission orior to the exoiration of the Insoection Period under the terms of the Contract with fundinl! for the forel!oinlZ cominlZ from the Coke orooertv loan. Motion carried 4- Q. Commissioner Howell was away from the dais. Professional Parkway/Old Winter Garden Road Widening Project. (Assistant City Attorney Doty) Resolution No. 2003-08, Acquisition by Eminent Domain of Parcels 113, 711 (Bruce), 115 (Potter), 122, 123, and 124 (Bowers). City Attorney Rosenthal read the title only of the Resolution. Assistant City Attorney Doty advised she believes she can negotiate an acquisition from the Bruces within the next two weeks, but requested authorization to proceed with acquisition by eminent domain with these parcels (which are 100% in the County) just in case. Mavor VanderlZrift. seconded bv Commissioner Anderson. moved to adoot Resolution No. 2003-08. authorizinl! execution thereofbv the Mavor and Citv Clerk. and further authorizinlZ all necessarv actions in order to oroceed to acauire the orooertv bv auick take oroceedinlZ. Motion carried 3-0. Commissioners Howell and Johnson were away from the dais. Page 4 of8 Ocoee City Commission Regular Meeting March 4, 2003 Resolution No. 2003-09, Acquisition by Eminent Domain of Parcels 112, 713, 114, 117, 118, 119, and 121 (West Orange Healthcare District). City Attorney Rosenthal read the title only of the Resolution. Assistant City Attorney Doty said this is still under negotiation and she hopes to resolve this short of eminent domain and should know within a couple of weeks. These parcels are 100% in the County. Mavor VanderlZrift. seconded bv Commissioner Parker. moved to adoot Resolution No. 2003- 09. authorizinlZ execution thereofbv the Mavor and Citv Clerk. and further authorizinlZ all necessarv actions in order to oroceed to aCQuire the orooertv bv Quick take oroceedinlZ. Motion carried 3-0. Commissioners Howell and Johnson were away from the dais. Resolution No. 2003-10, Acquisition by Eminent Domain of Parcels 602 and 706 (1555 Boren, LLC). City Attorney Rosenthal read the title only of the Resolution. Assistant City Attorney Doty advised these parcels are in the City/County split portion of the acquisition and she believed she had reached an agreement with the property owners this afternoon for acquisition at the appraised value with a small payment for attorney's fees and appraisal costs, but she needed the Resolution just in case. Mavor VanderlZrift. seconded bv Commissioner Anderson. moved to adoot Resolution No. 2003-10. authorizinlZ execution thereofbv the Mavor and Citv Clerk. and further authorizinlZ all necessarv actions in order to oroceed to aCQuire the orooertv bv Quick take oroceedinlZ. Motion carried 4-0. Commissioner Johnson was away from the dais. OTHER BUSINESS First Readings of Ordinances (Community Development Director Wagner) Kent Property - AR-02-07-0l Ordinance No. 2003-11, Annexation Ordinance No. 2003-12, Initial Zoning Ocoee Commons PUD - AP-02-02-0l Ordinance No. 2003-13 - Annexation Ordinance No. 2003-14 - Initial Zoning City Attorney Rosenthal read the titles only of each of the above ordinances in order. As Mayor Vandergrift was away from the dais, Mayor pro tem Anderson announced the second reading and public hearings of these ordinances would be held March 18,2003, after 7:15 p.m. As there were citizens present who wished to speak regarding the above items, City Attorney Rosenthal advised their comments could be made at this time and brought forward to the public hearing March 18 to be a part of that record, Sean Scott, 648 Butterfly Creek Drive, spoke for the Shoal Creek Homeowners Association, and voiced their objection to having their area open to vehicular traffic. Page 5 of8 Ocoee City Commission Regular Meeting March 4, 2003 Don Newhauser, 864 Hammocks Drive, spoke for the Hammocks Homeowners Association, and stated they were opposed to the planned proposed extension of Blue Spruce Road through the Hammocks Subdivision. Mayor pro tem Anderson read an e-mail from Catherine Carpenter from the Hammocks expressing the same opinion and also concerning sidewalks, but he did not specify what that concern was. City Manager Gleason said there was a form being distributed by the HOA to the Hammocks residents for their opinions which would be assembled by the HOA and probably available by March 18. Towne Square Shopping Center (Chef Depot) - SS-2003-004, Development Agreement. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, advising the location is at the northwest corner of SR 50 and Maguire Road and specifically the space formerly occupied by Wal-Mart before the Wal-Mart Supercenter was built. Chef Depot, specializing in sales of commercial and residential kitchen equipment and supplies, is the new tenant, and the shopping center owner, in connection with the internal building improvements, intends to make site improvements to the parking lot and common areas surrounding the Chef Depot store as well. Mr. Frank Cannon, owner, addressed Commission about his plans. Commissioner Howell. seconded bv Commissioner Johnson. moved to aoorove the Towne Sauare ShoooinlZ Center Develooment AlZreement. subiect to makinlZ the minor revisions identified in the memos from the Assistant Citv Attornev and from the Planning: Division. to be administrativelv reviewed and aooroved bv Staff. Motion carried 5-0. Deeper Life Assembly - AR-02-08-04, Pre-Annexation Agreement. (Community Development Director Wagner) Community Development Director Wagner gave the staff report. This church is located on a 5.2 acre tract at 8825 A.D. Mims Road and is in unincorporated Orange County, but within the Ocoee-Orange County Joint Planning Area and the Ocoee utility service area. Built under Orange County development regulations, the metal-sided building and surrounding site do not meet the Ocoee design standards that have been applied to churches recently developed within the City. In order to secure municipal water service, the Church has agreed to annex into the City and the proposed agreement outlines clean-up improvements that would be accomplished within 60 days of the agreement and more significant improvements to bring the property up to City standards which would be accomplished within two years, or prior to Phase 2 development of the site. Dr. Rambisoon, Minister of the Church, agreed to all items except that he would like the improvements to the church building itself to be completed within three years, not two. Dr.Rambisoon has not signed the Pre-Annexation Agreement, as he wished to discuss this issue with Commission. Page 6 of8 Ocoee City Commission Regular Meeting March 4, 2003 Following discussion about revisions to the agreement requested by the petitioner, City Attorney Rosenthal summarized the agreed-to changes: Change 60 day improvements to 6 months, and change item 1. the 2-year improvements on realignment of the entrance road to 1 year. Leave the 2-year improvements listed as 2 years, but provide the right to come back to the City Commission to request an additional I-year extension, which would bring it to 3 years, upon some demonstration that they are moving forward. All of this is to trigger on Phase 2. Commissioner Anderson. seconded bv Commissioner Johnson. moved to anorove the Pre- Annexation AlZreement for Deener Life Assemblv subiect to execution bv the aoorooriate official of the church conlZrelZation. with the followinll chanlles: chanlZinlZ the 60 dav imorovements to 6 month imorovements. chanlZinlZ item 1. the 2-vear imorovements to 1 vear imorovements. and with resnect to the remaininlZ 2-vear imorovements. the owner would have the rilZht to come in to reauest a 1-vear extension from the Citv Commission. Motion carried 5-0, Occupational License Classification and Revenue Report. (Community Development Director Wagner) Community Development Director Wagner gave the staff report. Mayor Vandergrift asked if the figures in Mr. Wagner's report included the amount the City receives from Orange County. Mr. Gleason said he would ask Finance Director Horton to have that report ready for the next meeting. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to table this item until the March 18 relZular meetinll. Motion carried 3-2 with Commissioners Johnson and Parker voting no. ST AFF REPORTS - None at this time. COMMENTS FROM COMMISSIONERS Commissioner Howell said he needs to talk to Public Works Director Wheeler about flooding on Lady Avenue. Commissioner Johnson said the sidewalk at Silver Star Road and Kash & Karry needs repair, as right now it is not handicap accessible. Mayor Vandergrift raised the issue of the $30.00 reconnect fee charged by the utility department and moved to roll back all charges to what they were and do an audit to find out if it costs the City that much. Motion died for lack of a second. However, Commissioner Johnson said he was not opposed to a study being done, and Commissioner Howell asked for a workshop. Commissioner Parker reminded all the report on the effectiveness of the $25.00 late fee would be available at the March 18 meeting. Mayor Vandergrift said he received a fax from P & L Commercial Corporation, apparent low bidder for the Fire Station, asking what the holdup is on the letting of the bid. City Attorney Rosenthal said he had communicated with that firm advising that it violates the bidding procedures to have direct communication with elected officials prior to that. He said he had prepared a memorandum addressing a number of legal issues associated with this, which will be presented to the City Commission when the report of the selection committee comes forward. Page 7 of8 Ocoee City Commission Regular Meeting March 4, 2003 Mayor Vandergrift asked about the status of the test street signs that had been authorized some months ago. ADJOURNMENT The meeting adjourned at 9:30 p.m. APPROVED City of Oco. ee. . / j ~/", . LA '':-- :J;t i . Scott Vandergrift, Mayor Page 8 of8