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HomeMy WebLinkAbout10-02-01 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD OCTOBER 2, 2001 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 15 p.m. in the Commission Chambers located at 150 N. Lakeshore Drive. David Hartbarger, Minister Ocoee Church of Christ and member of the Police Department Chaplain Team, led in prayer followed by Reverend Ricardo Orsini, First Spanish Assembly of God Church, leading a prayer in Spanish. Reverend Orsini also led in the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, City Clerk Grafton, Building/ Zoning Official Velie, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Communications Manager Ek-Collins, Community Relations/Projects Director Shira, Finance Director Horton, Fire Chief Strosnider, Human Resources Director Psaledakis, Information Systems Manager Ross, Acting Recreation Department Director Prettyman, Principal Planner Lewis, Police Chief Mark, and Deputy City Clerk Whitford. ALSO PRESENT: Developer and Contract Purchaser Allan Keen, Developer and Partner Jay Folk and Project Engineer David Evans. PRESENTATIONS AND PROCLAMATIONS Water Shortage Update. Assistant City Engineer Wheeler Assistant City Engineer Wheeler gave a brief update on the water shortage and advised while Ocoee was still within the required range set forth by SJWMD, Ocoee had slipped in their conservation efforts and needed to try harder. Tree Conservation at Cambridge Village. Building/Zoning Official Velie Building/Zoning Official Velie reported in his update all tree barriers in Cambridge Village, the PUD bordering the Mall and Rose Hill, have been erected and inspected, and the drainage retention areas, roads, and storm drain lines are being constructed. Mr. Velie went on to say that as the project progresses, it will continue to be inspected and tree conservation monitored. Currently inspections are on a weekly basis. Mr. Velie stated before the project is issued a Certificate of Completion a complete and accurate final survey would be done and any trees not authorized to be removed will be addressed by penalties provided for in the Land Development Code. Mr. Velie said the developer and the City were working together to save as many trees as possible with the figure of total saved trees being about 475. Commissioner Anderson arrived at 7:42 p.m. and apologized for being late. He asked Mr. Velie to return to the lectern and answer a few questions and concerns he had. Commissioner Anderson asked what occurred when a required drainage box had to be placed in an area where specific trees were to be saved. Mr. Velie explained that sometimes the two-dimensional plan the Commission votes for is not always feasible when you actually get on site. He said sometimes the building can be positioned on the lot differently, but not always, and if that cannot be accomplished, then the developer/builder may Ocoee City Commission Regular Meeting October 2, 2001 need to remove a tree that was marked to save, but may save another tree that was previously going to be removed. In response to Mayor' Vandergrift's inquiry about tree removal from the buffer zone, Mr. Velie stated an engineering drainage box was required in the area that borders the buffer zone, but only 3 trees needed to be removed. City Manager Gleason stated the City would enforce any Ordinance that allows for fines and enforce the tree replacement regulations. Mr. Gleason said he has asked for an internal policy that would allow our Arborist to make a determination if there is an issue, and then report back to both Engineering and Planning and both sign off. That would provide checks and balances should this type of question arise again. Staff can then show that all the necessary departments were aware of the issue. Proclamation: Fire Prevention Week, October 7-13,2001 Mayor Vandergrift read the Fire Prevention Week Proclamation and presented it to Fire Chief Strosnider. Chief Strosnider thanked the Mayor and said every year during Fire Prevention Week the Fire Department presents a Fire Prevention Program in the schools. He stated last year the program was presented to over 4,000 students in grades 1-3. Chief Strosnider then thanked all the citizens in and around the Ocoee area who had contributed to the September 11th fund. He said over $ 2,200,000.00 had been collected and would be sent to New York. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, and I. Commissioner Parker moved to approve the consent agenda, then withdrew her motion and pulled item H. for separate consideration. Commissioner Parker. seconded bv Commissioner Johnson. moved to approve items A. B. C. D. E. F. G. and I of the consent agenda. Motion carried 4-0. Commissioner Anderson was not present. A. Approval and Acceptance of Minutes of Commission Regular Session of September 18, 2001. (City Clerk Grafton) B. Approval and Authorization for Temporary Closing of Windergrove Court, Plantation Grove West Subdivision (AKA Windermere Groves) (Building /Zoning Official Velie) . The Plantation Grove West Homeowners Association has applied for a Special Events Permit to close Windergrove Court for a Neighborhood Halloween Party on October 27,2001 from 4 p.m. to 7 p.m. The Association has agreed to the following requirements: 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; 3) Roads must be blocked with proper barricades; 4) An emergency lane must be maintained during the event. Page 2 of 11 Ocoee City Commission Regular Meeting October 2, 2001 C. Approval and Authorization for Lochrane to Perform Post-Design Services as Required, for a Not-to-Exceed Fee of $25,399.00 in Accordance with Their Estimate of Work Effort Dated July 10, 2001.(City Engineer Shira) . This proposal from Lochrane Engineering is for services related to the utility relocation work that will be a part of the Silver Star Road widening project. D. Approval and Authorization to Award Bid # BOI-07 to Provide and Install a Standby Power System Consisting of a Standby Diesel Generator Set and Automatic Transfer Switch. (Buyer Tolbert) . This item will be installed at the Public Works facility and will be funded by an Emergency Management Preparedness and Assistance Grant in the Amount of $28,00.00 that will be reimbursed upon completion. There were 5 bids received with CJ's Sales and Service being the low bidder at $25,567.00. Staff recommends awarding the base bid only to CJ's Sales and Service as the most responsive and responsible bidder, and authorizing staff to proceed with the procurement of the standby power system, including obtaining all necessary bonds and insurance for this project. E. Approval and Authorization for Mayor and City Clerk to Execute Florida Power Utility Easement for the Modular Office Building, 302 Maguire Road. (Public Works Director Smith) . A notice to proceed has been issued to relocate the modular buildings for the Police Department and Building Department and the move is expected to commence shortly. There is no power source on site and Florida Power is requesting a ten foot easement to provide power to the area. F. Approval and Authorization for Change Order No. 2 with Maxwell Contracting, Inc. in the Amount of $30,000.00 for the Ocoee/Reclaimed Water Main Interconnect Project to Include the Force Main Project at Best Buy/Toys- R-Us. (Assistant City Engineer Wheeler) . This will be paid for in accordance with the transfer of the $36,000 to wastewater capital projects as approval given by the City Commission's action on June 19, 2001, and authorize the Mayor and City Clerk to execute Change Order No.2 G. Approval and Authorization for Change Order #1 in the Amount of $4,054.00 to the Contract with Weller Pools for the Family Aquatic Center. (Public Works Director Smith) . There are nine (9) small changes necessary for the completion of the pool, (some additions and some subtractions) and funds are available in the Capital Projects Fund. H. This item was moved to be considered as a separate item. I. Approval of Reappointments to Boards. (City Clerk Grafton) 1. Code Enforcement Board - John Linebarier's 3 year term ends November 2001. 2. Citizens Advisory Council to the Police Department - John Cooper and Frank Venturella's 3 year terms end November 2001. . Mr. Linebarier, Mr. Cooper and Mr. Venturella are all willing to serve another term ending November 2004 on their respective boards. 3. Police Officers' /Firefighters' Retirement Trust Fund - Appointment of Fifth Trustee. . Trustee James Coschignano's term as trustee of the Police Officers' /Firefighters' Retirement Trust Fund ended September 30, 2001, and the Board of Trustees has requested that he be Page 3 of 11 Ocoee City COIpmission Regular Meeting October 2, 2001 reappointed for another two year term. According to the Pension Board Operating Rules and Procedures this is done as a ministerial act by this Commission. Commissioner Anderson arrived at 7:42 p.m. Mayor Vandergrift asked for a progress report on his request in the last meeting to get flags for Clarke Road. Commissioner Parker said the homeowners in Reflections were willing to help in the purchase of flags that would fly on that portion of Clarke Road leading to their subdivision and directed Mr. Smith to contact Mr. Campanella for a check. Public Works Director Smith said finding flags available to be purchased was a major problem at this time, and that he would contact Mr. Campanella. Consent Agenda Item H. Authorization to Transfer Over 65 Accounts in the Amount of $107,130.00 from Contingency (City Manager Gleason) . As in the past, the funding of the Senior Program was placed in General Fund Contingency account so that this issue would not hold up the City Commission budgetary approval process for this year. Transfer amounts: Water Fees - $44,500. (Acct. #001-516-00-4906), Water Tax- $4,450. (Acct. #001-516-00-4905), and Solid Waste Fees - $58,180. (Acct. #001-513-00-4907). Mavor Vanden!rift. seconded bv Commissioner Howell. moved to approve item H. Motion carried 4-1. Commissioner Parker voted no. Mayor Vandergrift asked that the ordinance requested at an earlier meeting regarding the additional homestead exemption for senior citizens be prepared and presented for consideration. ITEM WITHDRAWN FROM AGENDA Mayor Vandergrift announced that Item VII B regarding City Manager Salary has been removed from the agenda by Commissioner Anderson to be discussed at another Commission Meeting. COMMENTS FROM CITIZENS/PUBLIC There were no citizens wishing to speak at this time. Page 4 of 11 Ocoee City Commission Regular Meeting October 2, 2001 COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson 1) Announced the need for someone from District #1, although that is not a necessary requirement, to fill a vacancy on the Education Commi&sion. 2) Announced the Ribbon Cutting Ceremony for the Family Aquatic Center would be at 10 a.m. October 6, 2001. Mayor Vandergrift said the pool would be open through October and there would be no fees during that time. The Grand Opening will take place in April when the pool opens for the season. Commissioner Johnson 1) Announced the Ocoee High School Reunion Committee is planning a school reunion October 19,2001,7:00 p.m. at the Beech Center. He said they would like to make this an annual event to coincide with Founders Day and anyone is welcome to come. 2) He said he would give an update as to what the menu would be at a later date. 3) Said a letter would be going out to the downtown residents and business owners to inform them of a meeting to be held in the City Commission Chambers October 17, 2001, at 7:00 p.m. to discuss some of the issues relating to the downtown renovation. Commissioner Johnson said there would be brochures and pamphlets there for the public to see. He also said information had been given to State Representative Randy Johnson along with a request for some financial assistance with this project. Commissioner Parker said October 13th (a week from Saturday) is the first Founders Day event, a 5k run, and that anyone who wants to sign-up can call City Hall and ask for Community Relations. She encouraged everyone to participate and to at least come out and cheer others on. City Manager Gleason said letters had been sent out as well as signs placed to let the citizens know in advance which roads will be closed for this event and said the Police would be on hand to let emergency vehicles through. Mayor Vandergrift I) Reiterated the date of the pool opening and added that the pool was wheel-chair accessible. 2) Announced the Ground Breaking Ceremony for the Super Wal-Mart would be October 5th, at 10:00 a.m. and said they hope to have a June opening. 3) Addressed a child safety complaint in Peach Lake Park from Kim Sammons, 1264 Russell Drive. City Manager Gleason stated he would follow up on the complaint and make sure it got to the right department. 4) Read a message from Nick Pagano, who suggested in light of the tragedies which occurred in New York and Washington D. C. on September 11 th, Ocoee should paint all the fire hydrants red, white, and blue as a lasting memorial. City Manager Gleason said he would check into the regulations as to colors allowed and would get back to the Commission with an update as to when and if it could be done. 5) On behalf of his wife Beth, presented Community Relations/Projects Director Janet Shira with a check for $850.00 for the sale of "United We Stand" T-shirts. Page 5 of 11 Ocoee City Commission Regular Meeting October 2, 2001 Commissioner Howell announced the Founders Day Golf Tournament to be held October 19th at Forest Lake Golf Club and said those interested in playing should contact David Wheeler at City Hall. PUBLIC HEARINGS: First Spanish Assembly of God Church Special Exception (Case No. I-ISE-2001)(Principal Planner Lewis) (Continued from September 18, 2001) Principal Planner Lewis gave the staff report, advising the subject property is zoned C-2, is 2.35 acres in size and is located on the east side of Ocoee Apopka Road just north of Palm Drive. He explained a waiver was being requested for a steeple 55 feet in height which would be 20 feet on the top of the building. He advised this height of steeple has been approved in the past and staff recommends approval. Mr. Lewis stated there was an unusual aspect in the fact this church is in a C-2 zoning district and there is an existing establishment within 1,000 feet serving alcoholic beverages. He continued, advising while this would not affect the existing establishment it could be the basis for denying any future alcoholic beverage permits for nearby properties. Mr. Lewis stated the Planning and Zoning Commission recommended consideration for granting a waiver from the Code provision which prohibits restaurants from locating within 1,000 be given to future applicants. Principal Planner Lewis also stated the Development Review Committee (DRC) recommended approval of the Special Exception with the condition that the entrance driveway be located directly adjacent to the north property line, a condition to which the applicant agreed. The public hearing was reopened, and as no one wished to speak, was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to approve First Spanish Assembly of God Church Special Exception (Case No. I-ISE-2001) request to be located in a C-2 zoning district. including the proposed waiver regarding the height of the steeple. Motion carried 5-0. ForestBrooke Subdivision. (Principal Planner Lewis) Second Reading of Ordinance No. 2001-27, ForestBrooke Rezoning from A-I to R-IA. City Attorney Rosenthal read the title only of the Ordinance. Principal Planner Lewis presented the staff report advising the subject property is a 70 acre parcel currently zoned A-I, and is located south of McCormick Road, between Ocoee Apopka Road (CR 437) and the Western Beltway (SR 419). The rezoning from A-1 to R-IA of this property is being requested to accommodate a new subdivision of single family homes known as ForestBrooke. Mr. Lewis stated the subject property is designated on the City Future Land Use Map and the Joint Planning Area Map as Low Density Residential and the proposed rezoning to R-IA is consistent with the Ocoee Future Land Use Map and the Joint Planning Area Map as amended. Mr. Lewis pointed out it is also consistent with Ocoee's Comprehensive Plan and with the surrounding land uses and zoning. Mr. Lewis added, based on the previous information and Page 6 of 11 Ocoee City Commission Regular Meeting October 2, 2001 the recommendation of Planning and Zoning, Staff recommended the adoption of Ordinance No. 2001-27. The public hearing was opened. Allan Keen, 1031 W. Morris Blvd., Winter Park, FL, Developer and Contract Purchaser of the subject property, stated the intended use of the land parcel and said he would answer any questions. Mr. Keen responded to the inquiry made by R.P. Mohnacky, of 1820 Prairie Lake Blvd., regarding the flood zones shown on the Preliminary Site Plan, explaining the X on the map indicated it is outside of the flood zone. Project Engineer David Evans, of Peck Evans Engineering, 501 E. Jackson, responded to a topography question posed by Mr. Mohnacky. The public hearing was closed. Commissioner Anderson inquired as to whether a tree waiver was being sought and questioned why a sidewalk was to be constructed on one side of the road only. Mr. Keen said they were no longer seeking a tree waiver. David Evans explained the reason for an 8 foot sidewalk on one side only as opposed to a 5 foot sidewalk on both sides. Planning Director Wagner stated the safest way to proceed would be to install the 5 foot sidewalks on each side. Thelma Blunt, 3751 Rollin "0" Lane, Apopka, FL, asked about the city limits of Ocoee and where it would end. City Attorney Rosenthal addressed the question. Commissioner Howell. seconded by Commissioner Johnson. moved to adopt Ordinance No. 2001-27 as presented. rezoning the subiect property from A-I to R-IA. Motion carried 5-0. Preliminary Subdivision Plan. Mr. Lewis presented the staff report for ForestBrooke Preliminary Subdivision Plan, advising it covers approximately 169 acres, will have a total of 362 single family residential lots, and is located on both sides of Ocoee-Apopka Road (CR 437), just south of McCormick Road. Some of the lots in the western portion of the property are on the shore of Lake Apopka. The lots will be constructed in multiple phases and prior to the Final Subdivision Plan the Developer will decide if it will be a private gated community. Mr. Lewis stated there are a significant amount of wetlands in the southwestern portion of the property. He said all the subject property west of CR 437 currently is zoned R-I-AA. The property east of CR 437 currently has R-IA zoning and part of it currently has A-I zoning. The request submitted with the Preliminary Subdivision Plan requested the portion of the property which is currently zoned A-I be rezoned to R-IA. Mr. Lewis advised no waivers were now being requested due to discussions held during the previous rezoning public hearing. Mr. Lewis stated, based on the recommendations of the DRC and the Planning and Zoning Commission, Staff recommended approval of the Preliminary Subdivision Plan of ForestBrooke subject to the conditions on the Plan and the deletion of the 3 requested waivers. Page 7 of 11 Ocoee City Commission Regular Meeting October 2, 2001 Attorney Rosenthal addressed his memo to the Commis~ion relating to this particular project entitled Condition of Approval No. 61 which repeats certain of the obligations which are in the A vanti Developer Agreement for road improvements. He said between the approval of the Preliminary Subdivision Plan and the Final Plan the City Staff would review further and meet with the Developer to decide whether there are additional requirements with respect to road improvements which should be a part of this project. The public hearing was opened. Mr. Keen, Developer, went through the site plan explaining in detail all the amenities that will be available and pointed out the 9 acre dry retention pond that is going to be graded, irrigated, and planted with St. Augustine grass so that it can be used, except in a storm event, as a play field. Mayor Vandergrift stated how much he appreciated the amenities and very livable type of community that was being offered. David Bryant, 601 Banderas, inquired about the size of sidewalks. Mr. Keen responded. The public hearing was closed. Commissioner Howell. seconded by Commissioner Johnson. moved to approve the Preliminary Subdivision Plan as date stamped received by the City on September 6. 2001. subiect to the conditions listed in the Staff memos as recommended by the Development Review Committee with the deletion of the waivers and the addition of the City Attorney's Condition of Approval No. 61. Motion carried 5-0. Recess 8:55 - 9:13 p.m. This item taken out of agenda order Discussion/Authorization to Implement a Citizens Police Academy. (Chief Robert Mark.) Chief Mark gave a brief statement of how the program suggestion came into being and then introduced Officer Tom Maroney who suggested and developed the program. Officer Maroney explained where and how he researched and developed the program and how it would be funded. He further explained who would be eligible, the subjects to be covered in the program, the benefits, and the goals. Officer Maroney responded to inquiries from the Commission about the cost which is $300.00 to $500.00 for the entire program and the date it is to begin (which is October 25th through December 18th). The Commission made some suggestions as to who might be approached as a sponsor. Office Maroney gave information about whom to contact if interested. Mr. Tom Hendrix, 608 Jay St., volunteered to be a sponsor for the program. Page 8 of 11 Ocoee City Commission Regular Meeting October 2, 2001 Mavor V ander~rift. seconded by Commissioner Parker. moved to move forward with the Citizens' Police Academy program as presented. Motion carried 5-0. Second Reading of Ordinance No. 2001-28, Relating to Water and Sewer Rates. (City Engineer/Utilities Director Shira) City Attorney Rosenthal read title only of the Ordinance. City Engineer/Utilities Director Shira gave a brief overview explaining the increasing costs of operation and the proposed implementation of a reclaimed water rate. Mr. Shira stated the proposed rate does not change the base rate for either water or wastewater, only the consumption rate. He pointed out that Orange County today is higher in all their rate categories than Ocoee's proposed rate will be 5 years from now. The public hearing was opened. Martha Lopez-Anderson, 2438 Alclobe Cr. asked how the revenue from the increase is to be utilized. Mr. Shira responded that the revenue would be used for a variety of purposes, primarily to maintain the current system and replace galvanized lines and small diameter lines in older neighborhoods. He said moving meters from backyard easements into the right-of-way was also a project. Mr. Shira and City Manager Gleason responded to numerous questions asked by Mayor and Commissioners. Mavor Vander!!:rift. seconded by Commissioner Parker. moved to adopt Ordinance No. 2001- 28 with the reauest that staff provide the following information by the end of the year: (1) A specific list of needs and a plan for servicing older neighborhoods. downtown. and lake areas. (2) The possibility of a Utilities Commission and the use of "Radio Read" meters. (3) A report determining revenue received. revenue spent. so that priorities and continuation or adiustment of rate can be determined. Motion carried 4-1 with Commissioner Howell voting no. Second Reading of Ordinance No. 2001-29, Relating to Revisions to Chapter 174 on Water Reuse. (City Engineer/Utilities Director Shira) City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened, and as no one wished to speak, was closed. Mr. Shira responded to Commissioner Anderson's inquiry about the 3 basic rates. Commissioner Anderson requested indexing of Reclaimed Water to be the same as Ocoee' s Potable Water and Sewer rates. Mayor Vandergrift suggested waiting until the end of the year. Page 9 of 11 Ocoee City Commission Regular Meeting October 2, 2001 Mavor Vander~rift. seconded by Commissioner Parker. moved to adopt Ordinance No. 2001- 29. relating to revisions to Chapter 174 on Water Reuse. Motion carried 5-0. Resolution No. 2001-11, Relating to Setting Rates for Reclaimed Water System. (City Engineer/Utilities Director Shira) Not a Public Hearing. City Attorney Rosenthal read title only of the Resolution. Commissioner Anderson. seconded by Commissioner Johnson. moved to amend Resolution No. 2001-11 and add 3 % to the rate for the next 5 years with the same provisions as in Ordinance No. 2001-28. to tier in 2002.2003.2004. and 2005. October 1st of each year. Motion carried 4-1 with Mayor Vandergrift voting no. Commissioner Anderson. seconded by Commissioner Parker. moved to adopt Resolution No. 2001-11 as amended. Motion carried 3-2 with Mayor Vandergrift and Commissioner Johnson voting no. OTHER BUSINESS Discussion/Action regarding the City Manager's Salary. (Commissioner Anderson) This item was pulled from agenda by Commissioner Anderson, to be discussed at a later date. STAFF REPORTS City Manager Gleason explained to the Commission about the deadline of 2 weeks for any amendments to the charter school application. Mayor Vandergrift declared this to be an emergency item. There was a lengthy discussion with concerns expressed and questions answered by City Manager Gleason and City Attorney Rosenthal. Mayor V ander~rift. seconded by Commissioner Anderson. moved to move forward with the charter school application. Motion died 2-2 with Commissioners Howell and Parker voting no. Commissioner Johnson was away from the dais. There were no other staff reports. COMMENTS FROM COMMISSIONERS Commissioner Parker - No comments at this time. Commissioner Johnson - No comments at this time. Page 10 of 11 Ocoee City Commission Regular Meeting October 2, 2001 Commissioner Anderson gave the correct number for dispatch for those interested in the Citizen's Police Academy and reminded everyone about the pool opening. Mayor Vandergrift mentioned the ditch in front of the Library is not draining properly. City Engineer/Utilities Director Shira said he would take a look at it. Commissioner Howell 1) Inquired about item VII B, which had been pulled from the agenda, and wanted to know if there was a specific time set for a future meeting. City Manager Gleason said Ms. Cowan would get with each of them and set a time that was acceptable to all parties. 2) Asked about the easement Ordinance that would allow carports/car covers inside the easement. Commissioner Parker responded she had received calls urging against it and suggested those interested should take a look at the Hempel Road and Old Winter Garden Road area. City Attorney Rosenthal said they should consider that as a separate ordinance issue. City Manager Gleason advised he was still gathering information and would bring it back to the Commission as soon as he could. 3) Inquired about the lack of lighting at the Water Treatment Plants and said, considering the recent events of September 11th , we should have more lighting. City Engineer/Utilities Director Shira said they would be addressing that issue. City Manager Gleason advised there would also be increased Police protection. 4) Requested the boxing program be placed back under the direction of the Recreation Department as opposed to the Police Department where it is currently. City Manager Gleason asked for some patience in this matter until the Recreation Department Director's position has been filled. Commissioner Parker said she would like it to remain under the direction of the Police Department. She said the program was started for "kids at risk" and the Police Department seemed to be a better place for it. ADJOURNMENT The meeting adjourned at 10:55 p.m. Attest: APPROVED City of Ocoee .~ tk Deputy City Clerk "- Page 11 of 11