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HomeMy WebLinkAbout03-06-01 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD MARCH 6, 2001 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:22 p.m. in the Commission Chambers. Commissioner Parker led in prayer. American Legion Post 63 presented the Colors and led in the Pledge of Allegiance to the Flag. Post Commander Kathryn Boyer extended an invitation to join them March 10 at 5:00 p.m. to celebrate the American Legion's 820d birthday. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson (arrived at 8:05), and Parker. Also present were Acting City Manager Gleason, City Attorney Rosenthal, Assistant City Attorney Doty, City Clerk Grafton, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Community Relations/Projects Director Shira, Finance Director Horton, Finance Supervisor Carter, Fire Chief Strosnider, Planning Director Wagner, Principal Planner Lewis, and Police Chief Mark. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Sheila Johnson, principal of Ocoee Elementary School, explaimed the four characteristics of dreamers and doers which make students eligible to be nominated are curiosity, courage, constancy, and confidence. Mayor Vandergrift presented those nominated in Ocoee Elementary School's fifth grade classes with a congratulatory letter. Those students were Beth Buckner, Danielle Hinton, Justin Summpter, Melissa Ramirez, Cortney Seaver, Shari Freeman, Brittney Swope, Samantha Eld, Kathryn Hooper, Kyle Whitaker and Nia Phillips (winner in the competition). Years of Service Award: 5 Years - Donna Keller. Mayor Vandergrift presented Donna Keller a plaque, $50.00 gift certificate and a City watch to commemorate her 5 years of service to the City. Life Saving Award - Two Police Officers and Colony Plaza Security Guard. (Police Chief Mark) Chief Mark presented life-saving awards to police officers Bill Simon and Nick Jones and Colony Plaza security guard Bairnsler Narcissee for saving the life of a man attempting suicide at the hotel in February. RECESS 7:45 - 7:53 P.M. Water Shortage Update. (Assistant City Engineer Wheeler) Assistant City Engineer Wheeler gave a power point presentation showing the City's progress in complying with St. Johns River Water Management District's directions regarding the water shortage. Ocoee City Commission Regular Meeting March 6, 2001 CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, I, and J. Commissioner Anderson asked if the Elks (item G) and Spring Lake School (item I) would be willing to do community service work in return for the grant. Members of the organizations in the audience said they would. Commissioner Johnson noted the Elks already work at the Big Orange Games and do other community related service as well. Commissioner Howell proposed raising the grant to Glad Tidings Assembly of God to $500.00. Mayor Vandergrift asked Building/Zoning Official Velie to look into requiring reimbursement from Orange County for the Occupational License fees. Commissioner Anderson, seconded bv Commissioner Howell. moved to approve the consent agenda as presented and change the grant to Glad Tidings Assembly of God to $500.00. Motion carried 5-0. A. Approval and Acceptance of Minutes of Commission Regular Session of February 20, 2001. (City Clerk Grafton) B. Approval and Acceptance of Quarterly Financial Report. (Finance Director Horton) · This report covers revenues and expenditures for the quarter ending December 31, 2000. C. Approval and Authorization to Transfer Funds from City Clerk's Capital Funds to Small Equipment Account to Purchase and Install the Items Needed to Upgrade the Presentation Capabilities in the Chambers. (City Clerk Grafton, TV Operations Manager Prihoda) · These funds ($2,256.04) were not used when the planned-for printers cost less than the original quote. A new amplifier and computer graphics card will clean up the picture displayed in the monitors at the dais and the overhead screen. D. Approval and Authorization for Cub Scout Camporee to Close that Portion of North Lakeshore Drive from the Boat Dock to Oakland Street from 10:00 a.m. until 4:00 p.m. on Saturday, March 31, 2001. · Mr. Leonard Dworkis, for Cub Scout Pack 198, requests authorization to temporarily close this City street on Saturday, March 31 from 10:00 a.m. to 4:00 p.m. during a Cub Scout Camporee which will be held from 5:00 p.m. Friday, March 30 to 2:00 p.m. Sunday, April 1, 2001. It is understood by the applicant that 1) all residents that will be affected by the road blockage must be notified in advance, 2) Health Central Ambulance must be notified of the road closure in advance, and 3) roads must be blocked with proper barricades. E. Approval and Acceptance of Annual Report of Occupational License Classifications and Revenue. (Building and Zoning Official Velie) · In accordance with Ocoee Code of Ordinances Section 119-7 (A) this report which sets forth the total licenses by classification and the total occupational license tax fees for the prior fiscal year is presented along with a recommendation regarding increasing such fees effective August 1, 2001. There were 1257 occupational licenses for the fiscal year 1999-2000 which produced a total revenue of $297,166.10. No rate increase is recommended at this time. F. Maguire Road Widening Project, Parcel 104: Approval of Settlement of the Eminent Domain Litigation for Parcel 104, formerly owned by Glenmuir Page 2 of 11 Ocoee City Commission Regular Meeting March 6,2001 Properties, Ltd., (Gordon Nutt) by payment of $99,500.00 to Glenmuir Properties, Ltd., (less the $29,750.00 previously deposited in the court registry) and Authorizing the City Attorney or Assistant City Attorney to Execute a Final Judgment for These Amounts. · The City acquired Parcel 104 on March 27,2000, pursuant to an Order of Taking entered by the Circuit Court. This parcel encompasses a 20' strip, approximately 400' long, along the existing Moore Road right-of-way, and is part of the Belmore PUD, located within unincorporated Orange County. G. Approval and Authorization to Grant the Amount of $500.00 to The Benevolent and Protective Order of Elks, Lodge #2165. (Community Relations/Projects Director Shira) · This Lodge is located in Winter Garden, and has a membership of 433, 97 of whom are Ocoee residents. The funds will be used for children's therapy services. H. Approval and Authorization to Grant the Amount of $250.00 to Glad Tidings Assembly of God for its Community Celebration on March 17, 2001. (Community Relations/Projects Director Shira) · This level of funding is a Premier Partnering Sponsorship and the City's advertising would be placed on fliers and t-shirts. There are approximately 180 in the congregation and one-half of those are Ocoee residents. I. Approval and Authorization to Grant the Amount of $500.00 to Spring Lake Elementary School for its Spring Carnival on April 7, 2001. (Community Relations/Projects Director Shira) · The school is requesting funds to help pay for the electricity costs of their spring carnival. J. Approval and Authorization for Mayor and City Clerk to Execute Final Plat for Ocoee Cemetery Replat. (City Clerk Grafton) · This replat provides for an additional 389 lots within the original boundaries of the cemetery . COMMENTS FROM CITIZENS/PUBLIC Mrs. Betty Ervine, representing the Ocoee Historical Commission, requested authorization to air their educational program entitled "A 21 st Century Reconciled Ocoee" on Channel 10 March 29, 2001 at 7:00 p.m. Community Relations/Projects Director Shira advised her department )Vould review the tape of the panel discussion before it was aired to make sure it was appropriate for the governmental channel and would put a disclaimer on it as well. Commissioner Howell, seconded by Commissioner Parker. moved to approve the request to air the educational program sponsored by the Historical Commission. Motion carried 5-0. Mr. R.P.Mohnacky, 1820 Prairie Lake Boulevard, asked questions about the City's purchasing/shopping procedures. Page 3 of 11 Ocoee City Commission Regular Meeting March 6, 2001 The children's pastor's wife from Glad Tidings Church distributed t-shirts commemorating their Community Day celebration and thanked the Commission for their assistance. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell announced the grand opening of the boxing program on Wednesday, March 7 at 6:00 p.m. Commissioner Parker asked if there would be a Spring clean-up day for yard waste at no extra charge to the citizens. Mr. Gleason will discuss it with Public Works Director Smith. Mayor Vandergrift commended Staff for the water report and the citizens for making such a good report possible. He encouraged the City employees to set a good example for the citizens by conserving at every opportunity. PUBLIC HEARING Lake Lotta Center DRI, Notice of Proposed Change to the Development of Regional Impact, Case No. DRI-2-9-93. (City Attorney Rosenthal) City Attorney Rosenthal presented the staff report and described this property as the undeveloped commercial and residential portion on the west side of Clarke Road, the multi- family apartments and the residential being developed adjacent to, and north of, the Mall on the east side by Clarke Road and White Road. On January 26, 1995, the City issued the Development Order from the Lake Lotta Center Development of Regional Impact. On November 6, 2000, the Developer filed a Notification of Proposed Change as amended on January 23,2001, by an Amended Notification of Proposed Change. The Amended NOPC requests changes to the previously approved Lake Lotta Center DR! to extend the Phase I buildout date from November 30, 2000, to December 29, 2004, and the Phase II buildout date from November 30,2003, to December 29,2007. When combined with the previous extension of two years, eleven months, the proposed buildout dates represent cumulative extensions of just less than seven years. The Amended NOPC also requests an extension of the restriction on down zoning, unit density reduction, and intensity reduction. The current restriction terminates 15 years from the effective date of the Development Order. He explained that Florida Statutes provide that extension of the date of buildout of 5 years or more but less than 7 years shall be presumed not to create a substantial deviation. He said the NOPC was sent to the East Central Florida Regional Planning Council and they have no objection to the extension. The Department of Community Affairs commented on the original notice, not the amended notice, but had no objection to the original notice and the notices differed only in the calculation of years. The Planning and Zoning Commission found that the requested extensions constitute a non-substantial deviation which does not require further development of regional impact review and recommended that the City Commission approve the extension of 1) the Phase I buildout date to December 29, 2004; 2) the Phase II buildout date to December 29, 2007; and 3) the restriction on down zoning, unit density reduction, and Page 4 of 11 Ocoee City Commission Regular Meeting March 6, 2001 intensity reduction to 19 years, 29 days from the effective date of the Development Order for the Lake Lotta Center DR!. The First Amendment to the Development Order incorporates the requested extensions. Staff recommended finding that the extensions constitute a non-substantial deviation which does not require further development of regional impact review, approving the First Amendment to the Development Order, and authorizing execution thereof by the Mayor and City Clerk. Mayor Vandergrift left the dais and handed the gavel to Mayor pro tern Anderson. Mayor pro tem Anderson opened the public hearing. Tom Cloud, 301 E. Pine Street, Orlando, Gray, Harris & Robinson, was present to represent the applicant and respond to questions. Mayor pro tem Anderson advised that he feels it is a substantial deviation and until they address the crime issue he will not vote in favor of extending the time. Mayor Vandergrift returned to the dais and retrieved the gavel. As no one else wished to speak, the public hearing was closed. Mavor Vanderl!rift. seconded by Commissioner Johnson. moved to approve staff recommendation. i.e.. to find the extensions constitute a non-substantial deviation which does not reQuire further development of regional imoact review. to approve the First Amendment to the Develooment Order. and to authorize execution thereof by the Mayor and City Clerk. Motion carried 4-1 with Commissioner Anderson voting no. West Oaks Mall DRI, Notice of Proposed Change to the Development of Regional Impact, Case No. DRI-I-9-93. (City Attorney Rosenthal) City Attorney Rosenthal gave the staff report and said this was approved as the Lake Lotta Mall DR! in January 1995 and the Developer/Owner is requesting to extend Phase I buildout date from November 30, 2000 to December 29,2004, and the Phase II buildout date from November 30, 2003, to December 29, 2007. He explained this also falls under the same more than 5 years and less than 7 years threshold which has a public hearing but comes with a presumption that it does not create a substantial deviation. The Planning Department has concluded there is no basis to rebut the presumption that the requested extensions are non- substantial deviations, which do not require additional development of regional impact review. Both the Department of Community Affairs and the East Central Florida Regional Planning council have no objection to the requested extension. Page 5 of 11 Ocoee City Commission Regular Meeting March 6, 2001 The Planning and Zoning Commission found that the requested extensions constitute a non- substantial deviation which does not require further development of regional impact review and recommended approval of the extension of 1) the Phase I buildout date to December 29, 2004; 2) the Phase II buildout date to December 29, 2007; and 3) the restriction on down zoning, unit density reduction, and intensity reduction to 19 years, 29 days from the effective date of the Development Order for the West Oaks Mall DR!. The Second Amendment to the Development Order Incorporates the requested extensions. Staff recommended finding that the requested extensions constitute a non-substantial deviation which does not require further development of regional impact review, approving the Second Amendment to the Development Order, and authorizing execution thereof by the Mayor and City Clerk, subject to the execution of the Second Amendment by the DR! Developer. He explained there was some internal reorganization with the ownership of the Mall and it was necessary to have the paperwork match from the signature standpoint. The public hearing was opened. Jim Cappleman, 215 N. Eola Drive, Orlando, representing the Developer, said he would identify the Developer for Mr. Rosenthal's request regarding the signatures for the Second Amendment. Mr. Cappleman addressed Commissioner Anderson's remarks regarding safety at the Mall, assuring him it was their wish to provide security for the Mall, and further, that it was necessary to time the buildout of the Mall with the buildout of Lake Lotta Center for transportation purposes in terms of traffic studies and road improvements. The public hearing was closed. Mayor Vander2rift. seconded by Commissioner Parker. moved to find that the requested extensions constitute a non-substantial deviation which does not require further development of regional impact review. to approve the Second Amendment to the Development Order. and to authorize execution thereof by the Mayor and City Clerk. subiect to the execution of the Second Amendment by the DR! Developer. Motion carried 4-01 with Commissioner Anderson voting no. Clarcona Crossings, Preliminary Subdivision Plan, Project No. LS-99-016. (Planning Director Wagner) Planning Director Wagner presented the staff report, advising that this subdivision will include a total of 122 single family residential lots to be constructed in two phases, located on the south side of Clarcona Ocoee Road, between Clarke Road and Apopka Vineland Road. It is currently undeveloped and is covered with a large number of trees. The southern edge of the property abuts the northern boundary of the Sawmill subdivision. Principal Planner Lewis displayed pictures of the property on the overhead. Mr. Wagner pointed out the Developer is Page 6 of 11 Ocoee City Commission Regular Meeting March 6, 2001 applying to get the flood plain changed to 70 and if he is unsuccessful he will have to come back with Phase 2 Mr. Wagner said the Plan includes two proposed waivers: 1) Extending the maximum block length because the distance between the two Clarcona Ocoee Road entrances is 1,350 feet; and 2) Changing the required 50 foot building setback from Clarcona Ocoee Road on Lots 11 and 12 due to the additional road right-of-way being dedicated to the City. Mr. Wagner advised the Planning and Zoning Commission had asked that this Commission pay attention to the flood plain and had added two conditions: #47 - The Developer shall post signage and/or place temporary barricades that will require that all construction access related to development of the site to be from Clarcona Ocoee Road; and #48 - The finished floor elevation for all lots within the subdivision shall be at 82.00' or above. Staff recommended approval of the Preliminary Subdivision Plan for the Clarcona Crossings subdivision, including the proposed waivers and the two additional Conditions of Approval recommended by the Planning and Zoning Commission, as date stamped received by the City on February 13, 2001. The public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, raised a question regarding building in the flood plain. The public hearing was closed. Commissioner Parker. seconded bv Commissioner Johnson. moved to aporove the Preliminarv Subdivision Plan for Clarcona Crossings Subdivision with the changes as noted and to include also that a landscape buffer (an ooaque line of trees) be incorporated in the Final Plan. Motion carried 4-1 with Commissioner Howell voting no. OTHER BUSINESS Presentation of South Park Final Master Plan Report. Spillis Candela - City Consultant. Spillis Candela introduced the planning team, Virginia Corless and Xaiber Guerricagoitia. Mrs. Corless gave the report in a powerpoint presentation showing the master plan for South Park, a project that will include a public elementary school and a park just east of Maguire Road, south of West Colonial Drive for the joint use of the City and the school. Approval of Final Master Plan Commissioner Anderson. seconded by Commissioner Johnson. moved to aoorove the South Park Master Plan report dated February 2001. Motion carried 4-0. Commissioner Howell was away from the dais. Page 7 of 11 Ocoee City Commission Regular Meeting March 6, 2001 Approval of Amendment to Interlocal Agreement with School Board. (City Attorney Rosenthal) City Attorney Rosenthal presented the highlights of a proposed amendment to the Interlocal Agreement with the Orange County School Board which included issues which are needed in order to implement the Master Plan and address certain mutual financial obligations contemplated under the Interlocal Agreement with respect to the development of the site. Mavor Vandererift. seconded bv Commissioner Howell. moved to approve Amendment No. 1 to the Interlocal Agreement with The School Board of Orange County. Florida. dated August 3. 1999. and authorize execution thereof by the Mayor and City Clerk. Motion carried 5-0. Mayor Vandergrift announced the 2nd annual Multi-City Florida Friendly Landscape Seminar on Saturday, March 17, 8:30 a.m. to 4:00 p.m. at the Dr. Phillips High School Auditorium, presented by the University of Florida and sponsored by the St. Johns River Water Management District. RECESS 9:50 - 10:02 P.M. Annual Audit Report. Elden McDirmit Elden McDirmit, McDirmit, Davis, Puckett & Company, P.A., reported his firm has audited the general purpose financial statements of the City as of and for the year ended September 30, 2000, and found the City complied, in all material respects, with the requirements that are applicable. He said that last year's comments had been addressed and that City staff prepared the report and did an excellent job. Mavor Vanden!rift. seconded bv Commissioner Johnson. moved to approve and accept the Annual Audit Report as presented. Motion carried 5-0. Request for Waiver - Usmani Medical Facility, Project No. SS-2000-009. (Planning Director Wagner) Planning Director Wagner presented the staff report, advising the Usmani Medical Facility site is located on the south side of Old Winter Garden Road at its intersection with Boren Drive and is part of a commercial/industrial subdivision which has been developed with mostly office uses. The unique shape of the site and the City's plan to realign the intersection of Old Winter Garden Road and Professional Parkway have an affect on the design of the retention pond at the southeast comer of the site. In Staff s opinion, these constraints would make it unreasonable to force the Applicant to meet the Code requirements for pond side slopes and the landscape buffer requirements for the retention pond. There are also several large oak trees to be considered and Page 8 of 11 Ocoee City Commission Regular Meeting March 6, 2001 saved if possible. The Applicant is requesting three waivers: I) related to the size, shape, and location of the retention pond, 2) the 10 foot buffer requirement along the southern edge of the retention pond, 3) the use of Net Leasable Area to calculate the required parking area as opposed to Gross Square Footage. Staff recommended approval of the three proposed waivers for the Usmani Medical Facility recognizing that the retention pond will be removed within a few years, and in order to preserve several significant oak trees on the site. Commissioner Howell. seconded bv Commissioner Parker, moved to approve the three waivers requested. Motion carried 5-0. Direction to Staff regarding West Orange Airport Authority Papers. (City Clerk Grafton) Acting City Manager Gleason explained that staffhad asked for direction regarding their custodial responsibility regarding the records of the West Orange Airport Authority, as the reorganization of the Authority had significantly changed the level ofOcoee's participation and the Clerk's storage space is at a premium now. Commissioner Johnson, seconded by Commissioner Howell. moved to authorize staffto contact the West Orange Airport Authority and ask that they make other arrangements for the storage of their documents and materials within 30 days from their next regularlv scheduled meeting. Motion carried 4-1 with Mayor Vandergrift voting no. Emergency Purchase and Financing Authorization for Woods Truck Replacement for Fire Department. (Chief Strosnider) Chief Strosnider reported the current woods truck is inoperable and requested approval of Ithe purchase of a replacement. Commissioner Johnson. seconded by Commissioner Howell, moved to approve the purchase of a woods truck and authorize Finance to secure financing at the best interest rate available and further authorize the Mayor City Clerk, and staff to execute all documents necessary to consummate the transaction contemplated by the lease purchase agreement. Motion carried 5- Q. STAFF REPORTS Acting City Manager Gleason 1) Said on Wednesday, March 7, Public Works will receive the bids on commercial yard waste and had asked that Commission appoint one of their members to be present for the review. Without obiection. Commissioner Anderson was appointed. Page 9 of 11 Ocoee City Commission Regular Meeting March 6, 2001 2) Reported the Palm Pilots for the elected officials were in and training would be available. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell 1) Asked if there had been a response from the railroad company about cleaning up their area. Mr. Gleason will follow up and provide an answer. 2) Asked what is going to be done about the speeding problem on Kimball Street at Jemima Street. Mr. Gleason responded the reports involving what the City's options were had been assembled and possibly a neighborhood meeting should be held to find out what the citizens' wishes were about possible remedies such as traffic calming devices. Commissioner Anderson announced the election on March 13 with the polls open from 7:00 a.m. to 7:00 p.m. The Canvassing Board is made up of the two Commissioners who are not running for office and the Mayor. Commissioner Johnson 1) Discussed the security at the West Oaks Mall and said it should be impressed on them that they need to hire more off-duty officers. 2) Asked for a consensus regarding the ball fields. He said there is a company that will build softball fields and he proposed a plan to put Little League fields at Vignetti Park and put the softball fields on the north side of town close to the golf course. No action was taken on this suggestion. 3) Noted that in the projects on Old Winter Garden Road, the developers have left all the trees. Would like for the City to require the same. 4) Commissioner Johnson. seconded by Mayor Vandergrift. moved to name the South Water Plant for Sam Oliver. who was the first person employed bv the City to put in a water system. Motion carried 5-0. Commissioner Johnson added that he wanted the road to the water plant to be named Oliver Alley as well. 5) Said staff cars should be cleaned every week. 6) Wants to change the City emblem for the City Seal and have a contest among the school children for the design. Commissioner Johnson. seconded by Mavor Vanderl!rift. moved to direct Community Relations to look into a contest for a new design for the City Seal. Motion carried 5-0. Commissioner Parker 1) Asked for several signs for the dry retention pond at the end of Timber Ridge: "No Motorized Vehicles" and at the stub end of Timber Ridge signs that say "No Parking between the Hours of 6:00 a.m. and 6:00 p.m. Page 10 of 11 Ocoee City Commission Regular Meeting March 6, 2001 2) Asked that consideration be given in the City's grant program to giving an annual amount of $1,000 to each Ocoee school with directions to the PTSA to use the funds for mini- scholarships for academic things and a blanket amount each year to the Future Farmers Program. Mr. Gleason said one of the cheerleaders' parents suggested investing in equipment or other options rather than trips for individuals. Mayor Vandergrift said he had suggested years ago setting up a foundation and appointing an organization to control the dispersal of the funds. Mr. Gleason will look into a variety of options and refine the proposal. 3) Asked that consideration be given to havinl;!: a flat fee for community yard sales with an application that covers an entire list of addresses. Without obiection. Staff was directed to do this. 4) Asked for the status on the ordinances she had asked for some time ago, such as the one requiring community buildings in subdivisions of a certain size. City Attorney Rosenthal advised he had a collection of ordinances that will be circulated at the staff level in the City next week (short-term rentals, community meeting rooms for PUDs and general zoning, etc.) Commissioner Parker asked about the one for set back requirements for sheds and Mr. Rosenthal advised that was not on his list. Mayor Vandergrift 1) Recalled this Commission had voted to put in a garden for Citrus Elementary School and he asked for the status. Commissioner Parker recalled it was citrus trees the City was providing in keeping with the name of the school. Mayor Vandergrift added former Recreation Director Beech had donated a blooming tree that has not yet been picked up. 2) Said he had previously suggested putting a bus in service to alleviate the traffic problem at Citrus Elementary, and he asked City Manager Gleason to look into it. ADJOURNMENT The meeting adjourned at 10:35 p.m. Attest: APPROVED City of Ocoee / ' I .-......~_. I' ;' I :'--.,-'- --- " .. ~ ( ~ . .-'~ t 7 0 l.1~~/H'"tt~.>-f s. Scott Vandergrift, Mayor . -, -- .,-:.:'.u_... Page 11 of 11