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HomeMy WebLinkAbout12-18-01 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD DECEMBER 18, 2001 CALL TO ORDER Mayor Vandergrift called the meeting to order at 7: 15 p.m. in the Commission Chambers. Commissioner Parker led in the prayer and Frances Watts led the Pledge of Allegiance to the Flag. Deputy City Clerk Whitford called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Gleason, City Clerk Grafton, Engineering/Utilities Director Shira, Assistant City Engineer Wheeler, Community Relations/Projects Director Shira, Planning Director Wagner, Principal Planner Lewis, Police Chief Mark, Recreation Director Farmer, Public Works Director Smith. PRESENTATIONS AND PROCLAMATIONS Years of Service Awards 5 years-Robby Lewis, Principal Planner and 20-Years Paul Vance, Officer First Class Mayor Vandergrift introduced Robby Lewis and gave a brief overview of his credentials and presented him with a gift and award. Planning Director Wagner also spoke about Principal Planner Lewis and his time with the City. Mayor Vandergrift introduced Paul Vance and commended him on his years of service. He presented Officer First Class Vance with his gifts and award. Police Chief Mark also commended Officer Vance and spoke about his years of service to the City and the Police Department and the excellent job he does. Mayor Vandergrift presented a proclamation of recognition to Community Relations/Projects Director Shira for her outstanding job on the Founders' Day Event. Ms. Shira thanked the Mayor and said the recognition should also go to the many people who helped make the success of the event possible. CONSENT AGENDA The consent agenda consisted of items A, B, C, and D. Mavor Vander!!:rift. seconded by Commissioner Anderson. moved to approve the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of Commission Regular Session of December 4, 2001. (City Clerk Grafton) B. Approval and Authorization for the Mayor and City Clerk to Execute Change Order No.2 with General Constructors, Inc. (GCI) for the Vehicle & Material Storage Building. (City Engineer Shira) . There are seven items in this change order and it is the final change order on this project. This change order request was initiated by staff to include some small items that were needed to provide a better facility and to administratively complete the project. The net result of this change order is a decrease in the contract price. Staff recommends approval of Change Order Ocoee City Commission Regular Meeting December 18, 2001 No.2 with GCI, with the modifications noted, thereby decreasing the contract amount by $11,913.33, with no increase in the contract time. C. Approval and Authorization for the Use of $4,000.00 in Forfeiture Funds for K-9 Equipment. (Police Chief Mark) . The Police Department in its eagerness to implement the K-9 program, failed to encompass all the needs associated with the necessary training requirements of such a program. After consulting with the lead instructor of the canine training program a list of necessary equipment was compiled. The type of equipment needed is costly and due to budget constraints the department is requesting authorization to use $4,000.00 from Forfeiture Funds to purchase the K -9 training equipment. D. Reappointments to Code Enforcement Board. (Three year term) (City Clerk Grafton) . The three year terms of John Konicek and Robert Godek end January 2002. Both have indicated they are willing to serve another three year term if appointed. COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court, addressed the Commission to thank them for the Christmas Dinner. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell said he had a really good time at the Christmas Parade. Commissioner Anderson reminded everyone that it would be a long holiday and to remember to drive defensively. Commissioner Johnson No comment at this time. Commissioner Parker said how much she enjoyed the door decorating contest and liked the way Mayor Vandergrift made every door a winner. Mayor Vandergrift I) Thanked everyone for the cards he had received and asked everyone to pray for all the postal workers. 2) Suggested white lights be placed on the oak trees by the lakefront. PUBLIC HEARINGS: Second Reading of Ordinance No. 2001-33, Prohibiting Camping on Public and Private Property. (Police Chief Mark) In order to meet advertising requirements this Public Hearing will be continued to January 15, 2002, at 7:15 p.m. City Attorney Rosenthal read the title only of the ordinance. Mayor Vandergrift announced this public hearing would be continued to January 15, 2002. Heavener Subdivision, Preliminary Subdivision Plan, Project LS-00-OI0. (Planning Director Wagner) Page 2 of 8 Ocoee City Commission Regular Meeting December 18, 2001 Planning Director Wagner presented the staff report, advising that this subdivision includes a total of six commercial lots with one facing SR 50, two lots facing Clarke Road, and three interior lots facing a private internal road. He also said the western portion of the subject property (about 15.5 acres) is part of a large wetland area and will be a separate tract dedicated to the City. Mr. Wagner stated the subdivision improvements will include right turn lanes from SR 50 and Clarke Road into the site at a point where the internal road meets those collector roads. He advised a traffic study will be performed prior to review of the Final Subdivision Plan which will make recommendations for the design of the turn lanes and any additional improvements that may be necessary to mitigate traffic impacts from the project. Mr . Wagner said a unique feature of this subdivision is that it will include some filling of an area below the 100 year flood elevation along the western portion of the site with the required compensating storage volume provided. Normally this would not be permitted, Mr. Wagner said, however, since FEMA modified the 100 year flood elevation after the plans had begun the review process an exception was made. Mr. Wagner said there would be no development below the 100 year flood elevation as it existed prior to the change (96.5) but they will be allowed to develop a portion of the area which is between the old elevation (96.5) and the new elevation (101.0), as long as compensating storage volume is provided for that development. Mr. Wagner advised the Commission of the developer's request for the City to enter into a Drainage and Stormwater Agreement to allow for an expansion of the existing retention pond so that other portions of this subdivision may also utilize the City pond. He said it is anticipated that the Agreement will be finalized very shortly and it will be executed and recorded prior to platting the subdivision. Mr. Wagner said approval of this subdivision plan will also be deemed to be approval of the Drainage and Stormwater Agreement and authorization for execution of the Agreement. In addition to the stormwater retention pond agreement, Mr. Wagner said, there will also be a Declaration of Easement which provides for cross access between the Heavener Subdivision property and the adjacent Ozanian Property using the internal private road. Mr. Wagner advised the Commission an agreement between the City, the developer and the owner of the Ozanian Property is anticipated to be finalized very shortly and will be executed and recorded prior to platting the subdivision. He stated approval of this subdivision plan will also be deemed to be approval of the Declaration of Easement document. Mr. Wagner explained Condition Number 58 which would be a right-in only driveway access from Clarke Road to Lot 1, and it also includes language about removing that access point at some time in the future. Staff recommended approval of the Preliminary Subdivision Plan without Condition Number 58. H. Scott Gold, Trustee (owner of record), said there would be a dry bed and park area with walking paths provided. He explained his position concerning the right-in access and distributed a traffic plan and design to help clarify some of the questions from the Commission. There was a lengthy discussion among the Commissioners regarding several issues of concern. Traffic issues and the safety issues as well as drainage problems were responded to by Mr. Gold. Mayor Vandergrift stated he would like to see a report from the City's Traffic Engineer and Commissioner Anderson inquired as to who would bear the responsibility for the maintenance of the pond. Page 3 of 8 Ocoee City Commission Regular Meeting December 18, 2001 The public hearing was opened. R. P. Monackey, 1820 Prairie Lake Boulevard, inquired about access roads and the right turn lane. Mr. Gold responded to the questions posed by Mr. Monackey. Kermit Bushur, 441 Vandergrift, expressed his concerns about drainage and access onto SR 50. Mr. Steve Mellich of Blenden Engineering Incorporated addressed the drainage issues and responded to related questions. The public hearing was closed. Commissioner Anderson, seconded by Commissioner Howell, moved to approve the Preliminary Subdivision Plan as recommended by staff. Commissioner Anderson. seconded by Commissioner Howell. moved to amend the motion to direct staff and developer to review the temporary right-in access and (1) see if entrance can be used (2) determine if it can be integrated to help relieve right turn traffic entering SR 50. Motion carried 5-0. The vote on the motion as amended was 5-0. Kane's Furniture at Ocoee, Preliminary Site Plan, Project LS-OO-011. (Planning Director Wagner) Planning Director Wagner presented the report on the Preliminary Site Plan for Kane's Furniture of Ocoee. Mr. Wagner stated the Kane's Furniture site occupies Lot 5 of the Heavener Subdivision, previously discussed, and contains 3.6 acres. The site is located on the north side of SR 50 and access from the subdivision's internal road. At the rear of the site, a retention pond will be constructed along with the subdivision improvements which will provide stormwater treatment for a portion of the internal road and for Lot 5. Due to site constraints, that retention pond will have essentially vertical sides constructed with decorative blocks, like the ponds constructed with the West Oaks Town Center at the northeast corner of SR 50 and Clarke Road. Mr. Wagner said there will also be a decorative fence and landscaping along the rim of the pond. Mr. Wagner advised the Commission of two proposed waivers, one related to the building setback on the west side and the other related to the parking requirement. Based on the size of the proposed building, the Code would require that a minimum of 360 parking spaces be provided on the site. However, the applicant has demonstrated that 360 spaces are not needed for this type of furniture store. Mr. Wagner said based on the analysis provided by the applicant, 77 spaces should be adequate for this building, as long as the use remains a furniture store. Mr. Wagner stated that, consistent with the requested waiver, the applicant will execute a Declaration of Restrictive Covenant which will be executed and recorded in the Public Records prior to construction and which would restrict the property from being used for anything except a furniture store. This restriction would expire upon the earlier of: 1) fifty (50) years from the date of Declaration; 2) the date the Page 4 of 8 Ocoee City Commission Regular Meeting December 18, 2001 building is demolished or removed; or 3) additional parking is provided to meet the existing Code requirements. Staff recommended approval including waivers and Declaration of Restrictive Covenant. There was a brief discussion with Commissioner Anderson inquiring about the drainage of stormwater from the roof. Mitch Collins, Harp Design Group, explained that, because of the way the building was designed and the vertical roof drains, the rainwater would not be a problem. The public hearing was opened and as no one wished to speak the hearing was closed. Mavor Vanden!:rift, seconded by Commissioner Anderson. move to approve the Kane's Furniture at Ocoee. Preliminary Site Plan. Motion carried 4-1. Commissioner Howell voted no. Recess 8:50 p.m. - 9:05 p.m. OTHER BUSINESS First Reading of Ordinance No. 2002-01, Proposed Rezoning from A-I to R-I-AA of the Dill/Ravens dale Property - Case Number RZ-2001-03-01. (Planning Director Wagner) Second reading and public hearing scheduled for January 15, 2002 at 7:15 p.m. City Attorney Rosenthal read the title only of Ordinance Number 2002-01. Mayor Vandergrift announced the date and time of the second reading and public hearing. This item was taken out of agenda order. Approval of Prairie Lakes PUD- Tract "E" Final Subdivision Plan Case - Number LS-99- 008. (Planning Director Wagner) Planning Director Wagner gave a report on the Prairie lakes PUD Tract "E" Final subdivision Plan, advising it will include 60 single family residential lots and 1 06 townhouse lots, for a total of 166 units. The property surrounding the proposed subdivision has PUD zoning, but there is a small vacant parcel just north of the site with C-1 zoning. The subject property is currently vacant, but is almost completely covered with trees. Mr. Wagner stated the Preliminary Subdivision Plan for Tract "E" was approved by the City Commission in November of 2000. The single family portion of this subdivision will have two points of access and the townhouse portion will have one gated entrance from Clarke Road. Recreation areas for the residents are provided in the plans. The plan also provides for a 6 foot brick wall along Hackney Prairie Road. Mr. Wagner advised the Commission that staff recommended approval of the Final Subdivision Plans subject to the following four conditions: 1) Concrete curbing would be provided throughout the townhouse portion of the project, 2) Compensating storage for stormwater would not be provided on the park sites-it should be provided on the project site, 3) This subdivision should not be required to provide meeting room space specified in the recently adopted ordinance, 4) The legal conditions identified in the Assistant City Attorney's memo need to be satisfactorily addressed. Developer Ray Braddock addressed the Commission with regards to the compensating storage issue. There was a Page 5 of 8 Ocoee City Commission Regular Meeting December 18, 2001 lengthy discussion with several members from the community addressing the Commission. Max Jacobs, 2247 Mountain Spruce, inquired as to whether the dry bed would be a sports field or a park. Candice Stone, a Prairie Lakes resident, asked if there was a school planned for the subdivision and said she would prefer to have a neighborhood park. Will Tillery, 1982 Hargate Ct., expressed concern about the indigo snake (an endangered species) found in the subject development area. Sylvester Terry, 2197 Yorville Ct., voiced his opposition to the proposed townhouses and inquired about the brick wall. Ron Glutz, 2110 Hargate Ct., also spoke in opposition to the plan. Mr. Braddock responded to the citizen's and Commission's questions and concerns. Further discussion ensued. Mayor Vanden!rift. seconded by Commissioner Anderson. moved to continue consideration of the Prairie Lakes PUD Tract "E" Final Subdivision Plan with the direction that staff work with the developer on exoloring alternative solutions for compensating storage and that a community meeting with the adjacent residents be held prior to the matter coming back to the Commission. Motion carried 4-1. Commissioner Parker voted no. Discussion and Action re: Contract for Lobbyist 2002 Legislative Session and State and County Departments and Programs for January 1 - December 31,2002. (City Manager Gleason) Mr. Gleason presented a proposal for a contract with Rotundo and Associates to consult on behalf of the City of Ocoee. Mr. Gleason stated staff believes a highly qualified consultant could assist in obtaining State and County funds for transportation and other necessary projects. Commissioner Johnson. seconded by Commissioner Parker. moved to aoorove the contract with Rotundo and Associates. Motion carried 3-0. Mayor Vandergrift and Commissioner Howell were away from the dais. Appointments to Districting Commission. (City Clerk Grafton) City Clerk Grafton presented the list of appointment recommendations for approval by the Commission. Mayor Vandergrift appointed Martha Lopez-Anderson, Commissioner Anderson appointed Rosemary Wilsen, Commissioner Howell appointed Gary Hood, Commissioner Johnson appointed Dan Matthys, and Commissioner Parker appointed Sherry DeWeese. Commissioner Parker, seconded bv Commissioner Johnson, moved to accept the appointees as presented. Motion carried 3-0. Mayor Vandergrift and Commissioner Howell were away from the dais. Discussion re Names for New Parks. (Recreation Director Farmer) Recreation Director Farmer advised the Commission that a name for the "South Park" area park needs to be determined during the month of January. There are also two other park sites that will be developing in the near future and Mr. Farmer asked for direction in forming a Page 6 of 8 Ocoee City Commission Regular Meeting December 18, 2001 policy or criteria for the naming of parks. The Commission liked the idea of running a contest to get input from the citizens for the naming of the park site and after a brief discussion Mr. Farmer stated he had sufficient direction to continue. STAFF REPORTS City Manager Gleason presented the board with a request for sponsorship of a golf tournament to benefit West Orange Airport Authority. It was the consensus of the Commission to not be a sponsor this year due to budgetary constraints. City Manager Gleason asked for direction from the Commission for making the day of New Years Eve an early day for those who are not shift workers and holiday pay for those who can not leave early. Without objection the Commission gave City Manager Gleason discretionary authority to work it out. COMMENTS FROM COMMISSIONERS 1) Commissioner Johnson stated he was working on the downtown area renovation and was waiting for Randy Johnson to get back with him. 2) Said he thought it would be great to light up the downtown and lake areas all year long. Commissioner Anderson announced the grand opening of the West Orange Health Alliance (WOHA) would be in April and explained that the services offered by the WOHA would be free to the community. He asked for approval to pay the remaining balance of the money pledged. Without objection the Commission approved paying the $25,000.00. Commissioner Howell offered information he had received while attending the National League of Cities Conference in Atlanta and requested the purchase of a video and manual regarding the establishment and benefits of a teen council. Commissioner Parker stated she thought teen councils were a great idea. Without objection the Commission agreed to purchase the video and manual for a cost of $35.00. Commissioner Parker expressed concern about the two coyotes in her area and stated they were getting very bold. Mayor Vandergrift said he enjoyed the singing prior to the opening of the meeting and would like to open each meeting with entertainment or an historical anecdote. All the Commissioners wished everyone Happy Holidays and cautioned them to be careful while traveling. ADJOURNMENT The meeting adjourned at 10:58 p.m. Page 7 of 8 Ocoee City Commission Regular Meeting December 18, 2001 Attest: Page 8 of 8 APPROVED: ~-~ ~-,,-.I- ,_ ____ \ " ,,_'- .. l.' S-:-Scott Vandergrift, Mayor