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HomeMy WebLinkAbout08-21-01 Minutes MINUTES OF THE OCOE CITY COMMISSION REGULAR MEETING HE D AUGUST 21, 2001 CALL TO ORDER Mayor Vandergrift called the regula meeting to order.at 7:15 p.m. in the Commission Chambers at 150 N. Lakewood Aven e. Commissioner Parker led in prayer and State Representative Randy Johnson led i the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Co issioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Glea on, City Attorney Rosenthal, City Clerk Grafton, City Engineer/Utilities Director Shira, Co unity Relations/Projects Director Shira, Assistant Fire Chief Firstner, Planning Director Wa ner, Senior Planner McGinnis, and Recreation Director Nordquist. PRESENTATIONS AND PROCL ATIONS Presentation: Representative Johns n presented a check representing a FRDAP Grant in the Amount of $191,250 for South ark Development, Phase I. NON-AGENDA ITEMS Proclamation - Water, Wastewater reatment System Plant Operators Appreciation Week-August 20-24,2001. Mayor Vandergrift read the proclam tion, which he then presented to Utility Superintendent Robert Holland, CollectionlDistributi n Supervisor John Cockrell, Chief Water Plant Operator Dave Gosnell, Backflow Prevention T chnician Mark Brownold, Water Treatment Plant Operator "C" Ricky Waldrop, Water reatment Plant Operator "C" Brad Fincher, Chief W astewter Treatment Plant Operator red Ostrander, Wastewater Treatment Plant Operator "A" Donald Smith, and Wastewater eatment Plant Operator "C" Steve Berry. City Engineer/Utilities Director Shira ex res sed appreciation for the quality and scope of the work accomplished by these operators. Proclamation - Butterfly Season - A gust through October. Mayor Vandergrift read this proclam tion. City Manager Gleason announced th re was a sinkhole in Sawmill and he would keep the Commission posted on its progress. Mr. Skip Davis, 6812 Woodgrain Co rt, said he is the TV manager for The Villages, a retirement community, and he invited he Commission to attend the opening of their Charter School on August 30 at noon. Mayor Vandergrift said he was going on vacation and would be unable to attend but wanted someo e to attend in his place. Ocoee City Commission Regular Meeting August 21, 2001 CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Anderson. seconded bv Commissioner Parker. moved to approve the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minut~s of Commission Regular Session of August 7, 2001, Budget Work Sessions of August 9 and August 13, 2001, Special Session of August 13, 2001. (City Clerk Grafton) B. Approval and Authorization for Mayor and City Clerk to Execute Change Order No. 4 with Ryan Incorporated, Eastern in the amount of $19,095.21 for Maguire Road Widening Project. (City Engineer/Utilities Director Shira) · The total amount of the Change Order is $31,180.69. Of this amount $9,509.52 has been received from PEC to cover a geometric error and the City will be reimbursed $2,575.96 by Conserv II to cover overtime for the Resident Project Representative. This leaves the City's total expense at $19,095.21. C. Approval and Authorization for Mayor and City Clerk to Execute Change Order No. 5 to the Agreement for Lawn Maintenance with Groundtek to Add Landscape Services to Add Bush Hogging Services at the Forest Oaks Water Treatment Plant. (City Engineer Shira) · Groundtek quoted $169 per month to add this site (between the fence line to the existing trees) to the existing agreement. Funding will be from the Wastewater Contractual Services Account. COMMENTS FROM CITIZENS/PUBLIC Commissioner Parker said she had received a message from a Sawmill resident regarding the water pressure in that area and she wished to explain at this time: The pressure regulating mechanism had broken some time ago and has now been fixed. The very high pressure experienced in the past will no longer be there. The existing pressure is the way it will be from now on since the regulator is repaired. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Mayor Vandergrift announced Sam C. Hill, president of the North Orlando Kiwanis, requested the use of the Bulldog field for the evening of Friday, November 2, 2001, and all day Saturday, November 3 for the 48th annual Mid-Florida Pop Warner football and cheerleading championships. Mayor Vandergrift suggested setting this up as an annual event in the City of Ocoee. Community Relations/Projects Director Shira announced the Founders' Day banners had arrived and one was on display in the Chambers. Page 2 of 10 Ocoee City Commission Regular Meeting August 21,2001 Mayor Vandergrift recognized Rosemary Davis, who is a Spring Lake Elementary School Teacheriffic winner, and Mrs. Davis explained the circul)1stances of her winning the mousecar. PUBLIC HEARINGS: Second Readings of Ordinances Ordinance No. 2001-20, Annexation - Center Lake (Case No. AR-2000-11-01). (Senior Planner McGinnis) City Attorney Rosenthal read the title only of the Ordinance. Senior Planner McGinnis gave the staff report for the three items pertaining to Center Lake (annexation, rezoning, and annexation agreement) advising that the subject property is located north of Clarcona-Ocoee Road and the West Orange Trail, east of Hobson Road. The parcel comprises approximately 38.62 acres and the Developer has requested RIAA zoning (consistent with the zoning in the area), proposing to develop it as a single family subdivision. Located within the Ocoee-Orange County Joint Planning Area (JPA) and the Orange County Utility Service Area, the requested annexation is consistent with the JP A Agreement, state annexation criteria and the standards established by the City. Ms. McGinnis said the Orange County Planning Staff had voiced no objections to the annexation, and she listed the provisions which would be included in the Annexation Agreement. Those provisions were: (1) dedication of a portion of approximately 4.74 acres of property for the proposed future extension of Clarke Road, (2) the right to retain stormwater runoff from the extension of Clarke Road and the future development of the property, subject to obtaining all governmental permits and approvals, (3) providing for the design, engineering, permitting, and construction of the easterly two lanes of the proposed 4-1ane Clarke Road Extension, and (4) addressing the possible acquisition of the subject property for a future City Park should the City be awarded a Florida Communities Trust grant. Ms. McGinnis said the Development Review Committee, the Planning and Zoning Commission and staff recommend approval of the annexation and rezoning subject to the execution of an Annexation Agreement containing the aforementioned items. The public hearing was opened. City Attorney Rosenthal announced there are two public hearings, one for annexation, one for rezoning and following those would be consideration of the annexation agreement (not a public hearing) and that all comments made in this first public hearing would be brought forward in the next public hearing and for the consideration of the annexation agreement. Scott Clark, 655 West Morse Boulevard, Suite 212, Winter Park, 32789, representing Meadow Lakes LLC, addressed the annexation agreement from a prepared statement, Page 3 of 10 Ocoee City Commission Regular Meeting August 21, 2001 discussing the amount of acreage hatch-marked in Exhibit B, the map for Clarke Road extension. Mr. Clark said they wished to protect themselves for their future development and he proposed several changes to the Annexation Agreement. Ms. McGinnis explained Exhibit B was conceptual and all of the details would be determined at a later date. Mr. Rosenthal proposed erasing the extension of Clarke Road that goes off site as this was a conceptual plan, a sketch of a map, and certain changes were to be expected. Mr. Scott Henderson, Henderson Planning Group, Inc., 112 S. Lake Avenue, Orlando, 322801,asked if the 1600 foot house size was going to be mandated for this development as it was in the Dill development. Mr. Wagner said in that area and in the current market, homes less than 1600 feet were unusual and he did not expect that to be a problem in this development, as the developer had been most cooperative in all other areas of concern. The public hearing was closed. Commissioner Parker. seconded by Commissioner Anderson. moved to adopt Ordinance No. 2001-20. annexing the Center Lake property. Case Number AR-2000-11-01. subiect to the execution of an Annexation Agreement. Motion carried 4-0. Commissioner Johnson was away from the dais. Mr. Richard Gonzalez, with Center Lake Properties, said much time has been spent on the Agreement and he was not willing to change it in the hallway. Mr. Rosenthal pointed out erasing the portion of the map (Exhibit B to the Annexation Agreement) that was not included in the Center Lake Properties would not be an issue with the applicant. Ordinance No. 2001-21, Rezoning - Center Lake (Case No. AR-2000-11-01). (Senior Planner McGinnis) Mr. Rosenthal read the title only of the Ordinance, and pointed out all the comments made at the prior public hearing carried over to this public hearing. The public hearing was opened and, as there were no further comments, was closed. Commissioner Howell. seconded by Commissioner Parker. moved to adopt Ordinance No. 2001-21. rezoning the Center Lake property. Case Number AR-22000-11-01. from Orange County A-I. Citrus Rural District. to Ocoee R-IAA. Single Family Dwelling District. Motion carried 4-0. Commissioner Johnson was away from the dais. Page 4 of 10 Ocoee City Commission Regular Meeting August 21, 2001 Annexation Agreement Mr. Rosenthal said the language Mr. Clark has requested adding into the Agreement; i.e., "Paragraph 4.a. The Easement Agreement shall include provision for installation and maintenance of a pipe or drainage structure as may be necessary to transmit stormwater from the Clarke Road right-of-way to the future pond site and. shall clearly identify the easement rights being created with respect to the future pond site, shall benefit all portions of the Clarke Road Extension which are within the drainage basin that naturally flows onto the Center Lake property. The Easement Agreement shall also provide the temporary construction easements as may be reasonably necessary should a party other than the owner desire to perform the construction of improvements contemplated for the Clarke Road Extension." Mr. Rosenthal said, from a legal standpoint, he had no objection to this language and it is generally consistent with the Annexation Agreement, but unnecessary at this time. Mr. Wagner said, until the final engineering is done, the location of the construction and drainage easements would be an unknown factor, and including language concerning them would be premature at this time. Mr. Rosenthal described again the revision to that portion of Exhibit B which shows an extension of Clarke Road off-site of the Center Lake property. Commissioner Anderson. seconded by Commissioner Johnson. moved to approve the Annexation Agreement with Center Lake Properties. Ltd.. Case Number AR-2000-11-01. subiect to the removal of that portion of Exhibit B which shows the extension of Clarke Road off-site of the Center Lake Properties. and authorize the Mayor and City Clerk to execute. Motion carried 5-0. Mr. Rosenthal said he would coordinate with Center Lakes regarding the revision to Exhibit B, and the approvals of the Annexation and Rezoning were subject to the Annexation Agreement being finalized with the revised exhibit. RECESS 8:43 - 9:00 P.M. Mayor Vandergrift said there had been two call ins regarding the park the City had a grant for and which is going in front of City Hall, and he asked that staff give a presentation on this at the September 4, 2001, meeting. Ordinance No. 2001-22, Amending the Benefit Amounts and Eligibility Section of the Pension Plan to Add a 3% Reduction Cap to the Early Retirement Benefit for Police Officers/Firefighters Retirement Trust Fund. (City Manager Gleason) Mr. Rosenthal read the title only of the Ordinance. Ward Foster, Foster and Foster, 6290 Corporate Court, Ft. Myers, 33919, Actuary for the Pension Plan, advised Chapter 175 and 185, Florida Statutes, require implementation by the City if the State contribution is sufficient to fund the 3 % reduction cap on the early retirement Page 5 of 10 Ocoee City Commission Regular Meeting August 21, 2001 benefit and this fund meets all of the minimum requirements of those chapters with the exception of this. He added that adoption of this 3 % reduction cap would have no financial impact on the City as it is funded by the State. The public hearing was opened and, as,no one wished to speak, was closed. Mayor Vandererift. seconded by Commissioner Howell. moved to adopt Ordinance No. 2001-22. adding a 3 % reduction cap to the early retirement benefit for Police Officers/Firefighters Retirement Trust Fund. Motion carried 5-0. Ordinance No. 2001-23, Providing for a 25 Year and Out Retirement Option for Police Officers/Firefighters Retirement Trust Fund. (City Manager Gleason) Mr. Rosenthal read the title only of the Ordinance. Mr. Foster said this provides for participants to retire with unreduced benefit upon completion of 25 years of service regardless of age and would have a relatively small financial impact on the City (2/lOths of a percent of the payroll). He added to the extent the State contribution increases over time, that can be a funding source for this benefit improvement as well. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Parker. seconded by Commissioner Johnson. moved to adoot Ordinance No. 2001-23. providing for a 25 year and out retirement option for Police Officers/Firefighters Retirement Trust Fund. Motion carried 5-0. OTHER BUSINESS Approval of Brookestone, Phase 3, Final Subdivision Plan - Project No. LS-2000-009. (Planning Director Wagner) Planning Director Wagner gave the staff report, advising the site is zoned for single family dwelling units, and Phase 3 is proposed for 92 units. The subject property is located on the west side of Maguire Road, south of Tomyn Road, and Phases 1 and 2 of the Brookestone project are under construction. The existing zoning on the Phase 3 site is both R-IA and R- lAA and the proposed lot width is 75 feet. After discussing the realignment of Tomyn Road (to be known then as Tomyn Boulevard) Mr. Wagner said the Development Review Committee, Planning and Zoning Commission and Staff recommend approval subject to two conditions of approval: (1) that prior to plat approval for Phase 3, the City will require an affidavit of ownership for intervening lands located near the western entrance of the subdivision for unused right-of-way for the planned Tomyn Road realignment, and (2) that the islands at the Tomyn Road entry shall be moved 20 feet eastward (away from the road ROW), to account for an appropriate entry design and adequate stacking room. Page 6 of lO Ocoee City Commission Regular Meeting August 21, 2001 Commissioner Johnson addressed the representatives of Brookestone present in the audience, saying this development is located within the City of Ocoee and the advertising should so reflect that - rather than indicating it lies in West Orange or near Windermere. Mavor Vandeq:rift. seconded by Commissioner Howell. moved to approve the Brookestone Phase 3 Pinal Subdivision Plan. as date stamped received by the City on July 24. 2001. pursuant to the following conditions of approval: (1) that prior to plat approval for Phase 3. the City will require an affidavit of ownership for intervening lands located near the western entrance of the subdivision for unused right-of-way for the planned Tomyn Road realignment. and (2) that the islands at the Tomyn Road entry shall be moved 20 feet eastward (away from the road ROW). to account for an appropriate entry design and adequate stacking room. Motion carried 3-2 with Commissioners Anderson and Johnson voting no. Approval of Orchard Park, Phase 3, Final Subdivision Plan - Project No. LS-2000-014. (Planning Director Wagner) Mr. Wagner gave the staff report, advising the site is zoned R-IAA and is proposed for 65 single family residential units on approximately 31 acres. It is located south of the Ocoee- Clarcona Road, east of Clarke Road and west of the existing Sawmill neighborhood. It abuts Orchard Park Phases 1 and 2, which are currently under construction. Mr. Wagner said the Development Review Committee, the Planning and Zoning Commission and Staff recommend approval of the project. Commissioner Howell. seconded by Commissioner Parker. moved to approve the Final Subdivision Plan for Orchard Park Phase 3. as date stamped received bv the City on August 9. 2001. Motion carried 5-0. Mayor Vandergrift complained of the utilities boxes sticking up in neighborhoods every two or three houses and Commissioner Parker asked for an ordinance to deal with that. Planning Director Wagner said that could be done by changing the lot size on the existing ordinance. Without obiection staff was directed to bring back such an ordinance. Mr. Rosenthal said this would not apply to subdivisions with existing plans. NPDES Permit Year 5 Annual Report - Discussion of Draft Report and Request for Authorization for Mayor to Sign Final Report. (City Engineer Shira) City Engineer Shira responded to questions raised by Commissioner Anderson regarding funds. David Hamstra, Professional Engineering Consultants, was also present to respond to questions. Page 7 of 10 Ocoee City Commission Regular Meeting August 21,2001 Commissioner Johnson, seconded by Commissioner Howell, moved to authorize Professional Engineering Consultants, Inc. to finalize the Report, and authorize the Mayor to sign the Final Report sso that it may be submitted to EPA. Motion carried 4-1 with Commissioner Anderson voting no. Commissioner Howell read a message from Theresa Mazza asking if the City paid for the mail boxes on Wurst Road where the new sod was put in, and he responded the City did pay for them. Mr. Gleason pointed out the City would not, however, replace them when/if damaged, as he had received several calls of that nature. Commissioner Howell continued with another question from Ms. Mazza, who reported also that she sees Public Works trucks on the ball field between 7:00 a.m. and 9:00 a.m. every morning evidently taking a coffee break, and she asked if that was their starting time. City Logo Options. - Brent Myrold, Metropolis Mr. Brent Myrold presented several styles of City logos for consideration and, after reviewing them, the Commission asked Mr. Myrold to come back September 4 with the features incorporated they particularly liked in the logos presented: Center of Good Living motto, flat oval design with a banner and featuring a lake scene. Choose Picture Theme for 2002 Community Calendar. (Community Relations/Projects Director Shira) Community Relations/Projects Director Shira asked for input for the 2002 City calendar theme. Mayor Vandergrift suggested a photo contest. Commissioner Johnson suggested featuring pictures of the pioneers and their recollections of favorite memories in Ocoee, and Commissioner Parker suggested a picture contest for this year using the theme "What Ocoee Means to You" and to begin preparing the pioneers' pictures for the year 2003 calendar. Without obiection this was the direction given. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Parker said she serves on the Education Committee and she described the current procedure: that the funds were to be used for GEDs and college education for employees and the employee must stay two years after they finish the class or reimburse the City for the funds used. She said the use of the program has grown phenomenally and there are even employees in PhD programs now. She said the issue of paramedics training for those Page 8 of 10 Ocoee City Commission Regular Meeting August 21, 2001 not working on a degree should be addressed during the budget discussions, as well as departments sponsoring the training through the various academies for other employees who wish to become police officers or firefighters. Commissioner Parker asked for a budget transfer from Contingency to the Education Committee account in the amount of $5,000 to cover existing requests and those expected before the end of the fiscal year. Mayor Vandergrift proposed consideration be given to starting a scholarship program for employees' children. Mayor Vanderl:rift. seconded by Commissioner Johnson. moved to transfer $5.000 from Contingency to the Education Committee account as reauested. Motion carried 4-0. Commissioner Howell was away from the dais. Commissioner Johnson 1) Said he wants to see "Welcome to the City" signs made of wood and brick with the new logo (when adopted) placed at all entrances to the City. He added the landscaping should be better cared for than is currently done. 2) Asked for a record of the location, size and schedule for mowing of the rights-of-way that are the City's responsibility to care for. 3) Reported he and Commissioner Parker had just returned from attending the National League of Cities Leadership Conference in Colorado and they wished to share some of the information they brought back. He suggested scheduling a joint workshop with the Planning and Zoning Commission and inviting the Mayor of the host city to present a slide show of what his city has accomplished over the past 15 years using a master plan. 4) Said he had asked Community Relations Director Shira to prepare a demonstration tape of the POWR program to submit to the National League for December 2002, with the expectation that it may be chosen for a showcase demonstration at the National conference following that date. 5) Expressed his sympathy to the Butler family and said their loss is also a tragic loss for the City as well, as Mr. Butler had been very active with the youth for decades. 6) Announced Commissioner Parker has been appointed to a Housing Authority Board. Commissioner Anderson reported his PDA keeps crashing. Mayor Vandergrift 1) Reported Jim Thomas (Friends of Lake Apopka) had open heart surgery today. 2) Said a new liaison for the Education Commission will be needed as, due to a scheduling change in his work, Commissioner Howell will not be able to attend those meetings. Commissioner Anderson said he could fill that position for six months. Page 9 of 10 Ocoee City Commission Regular Meeting August 21, 2001 3) Reported the TV in the staff room was no longer operable. 4) Said he needs to work out a schedule with the TV, as he had brought in pictures to be displayed on the air prior to the meeting and a re-run of the Code Enforcement Board meeting was being played instead. He said he had asked for some time that the pictures he brings in be shown for two hours before the meeting and also to start the recording tape of the meeting early so the pictures would be a part of the rebroadcast of the meeting, and the viewing public could see their neighbors at work or play. City Manager Gleason said a meeting had been held regarding establishing a policy to be brought back to the Commission involving the whole television issue. Such policy will help insure that guidelines are followed to keep what is broadcast strictly within the governmental entity in order to protect the elected officials. He said if a series of pictures were packaged with a title to indicate what they are or why it was government related, staff could be directed to program that. Mr. Gleason assured Mayor Vandergrift he was in no way trying to block his pictures from being shown, but he wanted to make sure it did not cause any issues for the City. Mayor Vandergrift asked for a liaison to reach out to the community as he has been doing. 5) Reported a person talked to him and he had called Public Works two times regarding mowing in the Hackney Prairie/Is on Lane area where the lake has receded. Mr. Gleason advised it is against the law to mow the lake bottom. Commissioner Parker said if you even drive across the lake bottom you are guilty of dredging according to the Florida Statutes. ADJOURNMENT The meeting adjourned at 10:45 p.m. Attest: APPROVED: City of Ocoee . ) <- .~ c7S ~j~;" .;-;- .... ___ ") ,~;;.l / r/ (,'(;{(yklv ~"""'S. Scotf V ~dergrift, Mayor Page 10 of 10