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HomeMy WebLinkAbout03-07-00 Minutes MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD MARCH 7, 2000 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Ocoee Police Chaplain Jack Andrews led in prayer, Taylor Elliott sang the National Anthem, and Frances Watts led in the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Fire Chief Strosnider, Planning Director Wagner, Capital Projects/Transportation Planner Friel, Principal Planner Lewis, Senior Planner McGinnis, Buyer Tolbert, Public Works Director Smith, Recreation Director Nordquist, Community Relations Director Shira, Code Enforcement Supervisor Simon, Special Counsel Baez, and Deputy City Clerk Green. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentation: Certified Municipal Clerk Certificate to Deputy City Clerk Fran Gosnell. City Manager Shapiro presented Deputy Clerk Fran Gosnell the International Institute of Municipal Clerks' designation of Certified Municipal Clerk for completing the requirements prescribed by that organization for certification. Mr. Shapiro added that this award was particularly significant in that Mrs. Gosnell was the first person in the City to complete the requirements and apply for the certification. Proclamation: Caribbean Community Day - April 22, 2000. Mayor Vandergrift proclaimed April 22, 2000 to be Caribbean Community Day. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, and F. Commissioner Anderson asked for information on item D. Code Enforcement Supervisor Simon, team captain, advised that last year this team was the number one fund raiser for the local Relay for Life and asked for a total of $500 to cover the team's registration fee, materials to set up the campsite and a corporate challenge donation. She said that, because cancer has touched the city family in the past year, this year's drive will be dedicated in honor of City Clerk Jean Grafton and in memory of Dispatcher Ed White. D. Approval of Grant Application by City Employees for American Cancer Society Relay for Life Sponsorship in the Amount of $500.00 and Authorization for the Funds from Community Promotions Account. Mayor Vandergrift, seconded bv Commissioner Parker, moved to pull item D from the Consent Agenda and approve the request. Motion carried 5-0. Ocoee City Commission Regular Meeting March 7, 2000 A. Approval and Acceptance of Minutes of City Commission Work Shop of February 15, 2000 and of City Commission Regular Meeting of February 15, 2000. B. Approval and Authorization for Mayor and City Clerk to Execute Non-Exclusive Temporary Easement, Drainage and Access Easement, and Non-Perpetual Slope Easement Agreements with Annette Waldon and Authorization for Payment of $250.00 to Cover her Costs in Reviewing and Executing the Agreements. · The City needs to acquire these easements for the Maguire Road Widening Project. C. Approval and Authorization for Mayor and City Clerk to Execute Florida Department of Transportation Maintenance Contract Renewal - Contract No. AG997, State Job. No. 244298-1-72-04. · This is the first renewal of an agreement dated April 21, 1999 at an annual cost of $32,445.00. D. Pulled for separate consideration. E. Approval and Authorization to Use Remaining Funds from the Capital Outlay for the Vignetti Recreation Center Floor Tile for Purchase of a Toshiba Copier #1560 for the Recreation Department's Beech Center for $1490.00 plus .006 cents per copy from Toshiba Business Solutions. · The balance in the Capital Outlay for the Vignetti Center Floor Tile is $2,700.00. The price is from a contract with Seminole County Public Schools. F. Approval and Authorization Ratifying Execution of Disaster Relief Funding Agreement with State of Florida, Department of Community Affairs for Federal and State Assistance for Hurricane Floyd, FEMA-1300-DR-FL. · This funding agreement provides funds for eligible disaster relief activities relating to Ocoee's emergency protective measures in a non-declared area. The City's expenses total $30,736.64. Commissioner Anderson, seconded by Commissioner Johnson moved to approve items A, B, C, E, and F of the consent agenda as presented. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Bea Zimmerman, 92 Deer Key Court, reported problems with nightly gathering of 15 to 20 young men outside and adjacent to a utility shed at 64 East Circle Key, Pioneer Key. She said they were unruly, belligerent, drinking heavily, trashing the area, blocking traffic, etc. City Manager Shapiro said he will check with the City Attorney, Police Chief Mark, Code Enforcement Supervisor Simon, and Public Works Director Smith about what can be done. Mrs. Zimmerman had described the problems in a letter to Mayor which was distributed in meeting. She and several of her neighbors had written letters or notes asking for help with their problems and they were copied and distributed in the meeting. Code Enforcement Supervisor Simon said she would address the matter tomorrow. Shafter Cale, 110 Magnolia Street, said his car had been damaged when he had driven over a sewer grate on Lakeshore Drive and the City's insurance company had denied the claim. Mr. Shapiro said he had just received information about the incident the day before. He suggested Page 2 of 18 Ocoee City Commission Regular Meeting March 7, 2000 allowing staff to deal with it with Commission serving as oversight if staff could not resolve the matter to Mr. Cale' s satisfaction. Glenda Dunn, 33 East Oakland A venue, expressed concern that the City might be taking the property where her home is located for the municipal complex and asked why the City had purchased Ben Griffin's property. Mr. Shapiro said a professional firm would be selected to do a study and make a recommendation, but that there would be input from neighborhood, Commission and planning staff. Mayor said Mr. Griffin's property had been acquired to accommodate future growth. Mr. Shapiro assured Mrs. Dunn that it was highly unlikely that the City would be taking people's homes. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker: 1. Requested that Item VII A, Transportation Consultants, be moved up on the agenda for consideration before public hearings. 2. Encouraged everyone to go the fair and thanked the Lion's Club for their efforts on behalf of the City. Commissioner Howell announced that Glad Tidings Church on Adair Street would be having a Spring celebration on Saturday, April 1 SI and encouraged everyone to come out to enjoy free food and games. Mayor Vandergrift announced that he had recently been named to the Editorial Advisory Board for American City and County Magazine, a nationwide publication. ITEM TAKEN OUT OF AGENDA ORDER: SELECTION OF TRANSPORTATION PLANNING CONSULTANTS - RFQ #0002. Capital Projects/Transportation Planner Friel introduced Whit Blanton and Gregg Kern, consultants with Renaissance Planning Group and Dyer, Riddle, Mills and Precourt, Inc. Commissioner Parker, seconded by Commissioner Howell, moved to approve staff recommendation to select Renaissance Planning Group and Dyer, Riddle, Mills and Precourt, Inc. for Transportation Planning Consultants and to direct Staff to enter into negotiations for a Continuing Transportation Planning Consulting Services contract with these firms. Motion carried 4-0. (Commissioner Anderson was away from the dais.) PUBLIC HEARINGS VARIANCE - CASE No. 02VR-99:GARLAND. (Continued from February 1) City Manager Shapiro advised that there was a letter from Nicholas A. Shannin, Attorney at Law, representing Mr. Garland, requesting that this public hearing be continued to March 21, 2000, as he could not be present tonight. The public hearing was opened. No one wished to speak to this issue at this time. Page 3 of 18 Ocoee City Commission Regular Meeting March 7, 2000 Mayor Vandergrift, seconded by Commissioner Anderson, moved to continue the public hearing until March 21, 2000. Motion carried 5-0. RED ROOF INN, PRELIMINARy/FINAL SITE PLAN (PROJECT No. LS-99-011) (Continued from February 15) Capital Projects/Transportation Planner Friel advised that the staff report had been presented at the February 15 meeting. City Manager Shapiro explained that this is a vested project and there was some question regarding whether the City should make the effort to approach the State about preventing left turns rather than making it an issue with Red Roof Inn. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve staff recommendation to approve the Preliminary/Final Site Plan for Red Roof Inn, including all waivers specified thereon, in accordance with the Plan date stamped received by the City on January 14. Motion carried 4-1 with Commissioner Howell voting no.. FIRST READINGS OF ORDINANCES Ordinance No. 2000-16, Comprehensive Plan Amendment to the Intergovernmental Coordination Element - Transmittal ( Case No. CPA-99-002) (Second Reading date to be determined) City Attorney Rosenthal read the proposed ordinance by title only for the first reading. Kirsten McGinnis, Senior Planner, presented the staff report, advising that F.S. Chapter 163.3177(6)(h) requires all counties and municipalities to make certain changes to the Intergovernmental Coordination Element of the Comprehensive Plan to 1) provide for procedures to identify and implement joint planning areas for the purpose of annexation, municipal incorporation, and joint infrastructure service areas; 2) provide for the recognition of campus master plans; and 3) to describe the joint process for collaborative planning and decision-making on population projections and public school siting, location of unwanted land uses, and the location and extension of public facilities subject to concurrency. Once DCA determines that this proposed amendment meets those requirements Staff may bring it back for final adoption. Ms. McGinnis added that the Development Review Committee and the Local Planning Agency, as well as Staff, recommended approval of the transmittal of the proposed amendment to the Intergovernmental Coordination Element of the Comprehensive Plan to the Department of Community Affairs. The public hearing was opened, and, as no one wished to speak, was closed. Commissioner Johnson. seconded by Commissioner Anderson. moved to approve the transmittal of the amendment as proposed to the Intergovernmental Coordination Element of the Comprehensive Plan to the Department of Community Affairs. Motion carried 4-0. (Commissioner Howell was away from the dais.) Page 4 of 18 Ocoee City Commission Regular Meeting March 7, 2000 ORDINANCE No. 2000-17, DESIGN STANDARDS FOR SITE LIGHTING, LAND DEVELOPMENT CODE AMENDMENT (Second Reading March 21,2000) City Attorney Rosenthal read the title only of the Ordinance and pointed out that the blacklined version was the one to be considered. Planning Director Wagner gave an overview of the issue treated by this ordinance, I.e., quality site lighting and adverse glare. The public hearing was opened, and, as no one wished to speak, was closed. Mayor Vandergrift announced that the second reading and public hearing are scheduled for March 21, 2000. SATURN OF OCOEE, SITE LIGHTING WAIVER REQUEST (PROJECT No. SS-99-006) Planning Director Wagner presented the staff report, explaining that Saturn of Ocoee requests a waiver from the Land Development Code requirement of a maximum 1.0 footcandle average illuminance over the entire site. They wish to permit an average of 5.0 footcandles of illuminance over the developed portion of the site with a maximum illuminance of 32.8 footcandles. Mr. Wagner advised that Staff had recommended a maximum of 15 footcandles and that position was supported by Planning and Zoning Commission, but with the added concern regarding traffic safety along the roadway. Reaching for an equitable solution for Saturn that is in keeping with IESNA standards, Staff proposed upgrading from 15 footcandles to 20 footcandles, but further require that drop cut-off shields be placed on the sides and face of the luminaires to minimize glare for passing motorists. Fred Leonhardt, Gray Harris Robinson, displayed renderings showing the changes they have made in the site plan after learning of the requirements and asked again for the waiver. City Manager Shapiro commended Planning Director Wagner for an excellent ordinance that will benefit the community and complemented Saturn for getting so close to the requirements during the decision making process. He supported granting the waiver for 2 reasons: 1) the work in progress on the ordinance put Saturn at a disadvantage during the evolutionary stages of the ordinance, and 2) this is a destination certain business with an outside storage issue and their request for waiver is reasonable and justified. The public hearing was opened, and, as no one wished to speak, was closed. Commissioner Johnson, seconded by Commissioner Parker, moved approval of the request of the applicant, Saturn of Ocoee, for a waiver from the site lighting requirements set forth in Section 6-14(c)(2)(i) of Article VI of Chapter 180 of the Code of Ordinances of the City of Ocoee (as adopted by Ordinance No. 99-23) which allows for an average of one (1) footcandle in intensity over the entire lot, to instead allow an average of five (5) footcandles in intensity over the entire lot. subiect to a maximum footcandle intensity of illuminance for the approximate 7 % of the lot as identified in the Illuminance Plan portion of the Site Plan dated Page 5 of 18 Ocoee City Commission Regular Meeting March 7, 2000 received by the City of Ocoee on February 29, 2000 being limited to a maximum of 32.8 footcandles and further subiect to the lighting fixtures adioining SR50 being equipped with drop cut-off shields on the sides and face of the luminaires. Motion carried 4-1 with Commissioner Anderson voting no. Mayor Vandergrift introduced John Terrell who is a former president and now serving on the Board of Directors of West Orange Chamber of Commerce. RECESS 9:07 P.M. - 9:30 P.M. SECOND READING OF ORDINANCES ITEMS OUT OF AGENDA ORDER: WOOD ORDINANCE No. 2000-08, WOOD ANNEXATION (CASE No. AR-99-11-02) City Attorney Rosenthal read the title only of the Ordinance. Senior Planner McGinnis presented a combined staff report for the Wood items, explaining that the vacant 1.02:1: acre parcel is located west of Ocoee-Apopka Road approximately 1,000 feet north of Palm Drive. The subject property is proposed to be developed as an automotive repair shop, if the annexation is approved. The applicant requests a Small Scale Comprehensive Plan Amendment (SSCP A) to change the Future Land Use designation from High Density Residential to Commercial on the City Future Land Use Map, and subsequently an Ocoee Zoning classification of C-3, General Commercial District. The property is contiguous, compact and non-circuitous territory and does not create an enclave. Ms. McGinnis noted that the Development Review Committee, Planning and Zoning Commission and Staff recommended adoption of Ordinance Number 2000-08 to approve the requested annexation for Wood, Case Number AR -99-11-02, subj ect to the execution of an Annexation Agreement. As Mayor Vandergrift was away from the dais, Mayor pro tem Anderson opened the public hearing, and as no one wished to speak, he then closed the public hearing. Commissioner Howell, seconded by Commissioner Parker, moved to adopt Ordinance 2000- 08 to approve the requested annexation for Wood, Case Number AR-99-11-02, subiect to execution of an Annexation Agreement. Motion carried 4-0. (Mayor Vandergrift was away from the dais.) ORDINANCE No. 2000-09, WOOD SMALL SCALE COMPREHENSIVE PLAN AMENDMENT (CASE No. SSCP A-99-003) City Attorney Rosenthal read the title only of the Ordinance. Commissioner Howell, seconded by Commissioner Parker, moved to adopt Ordinance Number 2000-09, changing the Future Land Use designation for the subiect property from High Page 6 of 18 Ocoee City Commission Regular Meeting March 7, 2000 Densitv Residential to Commercial. and find the SSCP A consistent with the (1) Joint Planning Area Agreement; (2) Comprehensive Plan; (3) Land Development Code; and (4) surrounding land uses and zoning classifications, subiect to approval of the Annexation and execution of an Annexation Agreement. Motion carried 4-0. (Mayor Vandergrift was away from the dais.) ORDINANCE No. 2000-10, WOOD INITIAL ZONING CASE (CASE No. AR-99-11-0) City Attorney Rosenthal read the title only of the Ordinance. Commissioner Howell, seconded by Commissioner Parker, moved to adopt Ordinance Number 2000-10, rezoning the subiect property from Orange County A-2, Ranch and Farmland Rural District, to Ocoee C-3, General Commercial District, and find the initial zoning is consistent with the (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) Joint Planning Area Agreement with Orange County; and (5) surrounding land uses and zoning classifications, subiect to approval of the Annexation, execution of an Annexation Agreement and the SSCPA becoming effective. Motion carried 4-0. (Mayor Vandergrift was away from the dais.) ANNEXATION AGREEMENT City Attorney Rosenthal explained that the Annexation Agreement includes a Conveyance of Right-of-Way to the City from Clifford R. Freeman. Commissioner HowelL seconded by Commissioner Parker, moved to approve the Annexation Agreement and authorize the execution thereof by the Mayor and City Clerk. Motion carried 4-0. (Mayor Vandergrift was away from the dais.) Mayor Vandergrift returned to the dais during the next presentation. FOREST RIDGE ORDINANCE No. 2000-04, FOREST RIDGE ANNEXATION (CASE No. AP-99-03-03) City Attorney Rosenthal read the title only of the Ordinance. Principle Planner Lewis presented the staff report for the Forest Ridge items, explaining that this subject property is comprised of 2 parcels totaling 1.02:1: acres of undeveloped land located south of 171h A venue and east of Lakewood A venue which, upon annexation, would be aggregated to comprise a portion of the 14.32:1: acre Forest Ridge Subdivision which is a proposed 57 single family dwelling unit development. The applicant has requested a change from Low Density Residential to PUD, Planned Unit Development District on the Future Land Use Map and Joint Planning Area Map. The parcels are both contiguous, compact, non- circuitous territories which do not create an enclave. The public hearing was opened. Mr. James Creech, 118 Mobile Lane, addressed the issue of an easement he has on the property. City Attorney Rosenthal advised that, if the easement is still there when the final Page 7 of 18 Ocoee City Commission Regular Meeting March 7, 2000 development plan is brought in, it will be put on the plat and the final subdivision plan. He added that the issue could not be resolved in this public hearing, but that he would make sure that any plan recognizes any existing easement. The public hearing was closed. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve staff recommendation and adopt Ordinance Number 2000-04 to approve the requested annexation for Forest Ridge, Case Number AP-99-03-03. Motion carried 5-0. ORDINANCE No. 2000-05, FOREST RIDGE REZONING TO PUD WITH LAND USE PLAN (PROJECT No. LS-99-04) City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened. Mrs. Christine Boothe, 1094 N. Lakewood Avenue, expressed concern about traffic, small lots, inadequate parking for cars, and flooding. Mr. Carl H. Pevehouse, 115 Anderson Place, spoke and presented a letter from his wife Tracy Pevehouse, expressing concern regarding drainage, traffic, overcrowding schools, overburdening city services, and requesting a barrier between Anderson Place and the new development. The letter was read into the record. Mr. Mack McLaughlin, 922 N. Lakewood Avenue, expressed concern regarding traffic and that future buyers should be made aware of25 acres ofl-2 zoning across the street. The public hearing was closed, and Staff was asked to address the issues raised by the citizens. Principal Planner Robby Lewis said that the drainage will be contained on site. City Manager Shapiro noted the benefits to the neighborhood that would be brought about, such as sidewalks, drainage, lights, paved roads, and he reiterated that the drainage would be addressed to protect the neighborhood. During the Commission discussion all agreed that the development would be good for the area. Commissioner Howell raised a question about the 70 foot lots versus 60 foot lots. Commissioner Johnson advised that the area along Lakewood/Anderson/17Ih Street has had flooding problems as long as he could remember and he stressed the importance of the City having control over the development. Commissioner Howell, seconded by Commissioner Johnson, moved to approve Ordinance Number 2000-05 with the additional condition of approval in the PUD Land Use Plan as set forth Page 8 of 18 Ocoee City Commission Regular Meeting March 7, 2000 in the memorandum from the Assistant City Attorney, Martha Formella, dated January 26,2000, and subiect to the approval of the proposed Development Agreement. Motion carried 5-0. FOREST RIDGE PUD, PRELIMINARY SUBDIVISION PLAN (PROJECT No. LS-99-04) City Attorney Rosenthal advised that the staff report above covered this item as well. The public hearing was opened, and, as no one wished to speak, was closed. Commissioner Howell, seconded by Commissioner. Johnson, moved to approve the Preliminary Subdivision Plan for Forest Ridge Subdivision, including all the proposed waivers as date stamped received by the City on January 19, 2000, subiect to the City Commission approval of the proposed annexation and the Development Agreement and subiect to the additional condition of approval set forth in the memorandum from the Assistant City Attorney, Martha Formella, dated January 26, 2000. Motion carried 5-0. DEVELOPMENT AGREEMENT (FOREST RIDGE PUD) City Attorney Rosenthal advised that this Agreement is required. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the Development Agreement with Richard H. Langley, individually and as trustee, and authorize execution by the Mayor and City Clerk. Motion carried 5-0. WORSHAM/CAMBRIDGE VILLAGE ORDINANCE No. 2000-06, WORSHAM ANNEXATION (CASE No. AP-99-05-04) City Attorney Rosenthal read the title only of the Ordinance. Principal Planner Lewis gave the staff report, explaining that this is a wooded vacant 8.97:1: acre parcel located approximately 800 feet east of the Clarke Road/White Road intersection, south of White Road. The subject parcel, currently designated Low Density Residential on the Future Land Use Map and Joint Planning Area Map is proposed to be developed as a single family subdivision and the applicant requests a zoning designation of PUD, Planned Unit Development District. The public hearing was opened. Marge Johnstone, 1124 Red Dandy Drive, Rose Hill, Marge Corvin, 1094 Red Dandy Drive, Rose Hill, Dave Magariner, 9138 Pristine Circle, Orlando, and Marviva Lukas, 1118 Red Dandy Drive, expressed concern about crime problems and requested that a brick wall be constructed before building is begun as a safety issue. R. P. Mohnacky, 1820 Prairie Lake Boulevard, spoke regarding 50 foot lots. The public hearing was closed with the provision that the remarks for this public hearing would apply to the next public hearing as well. Page 9 of 18 Ocoee City Commission Regular Meeting March 7, 2000 Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance Number 2000-06 to approve the annexation for Worsham, Case Number AP-99-05-04. Motion carried 5-0. ORDINANCE No. 2000-07, CAMBRIDGE VILLAGE INITIAL ZONING TO PUD WITH LAND USE PLAN (PROJECT No. AP-99-05-04) City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened and Mayor Vandergrift announced that the comments made at the previous public hearing would apply to this public hearing as well. Dick Work, Developer, explained that he would be happy to provide a brick wall ifhe would be excused from the requirement to provide a 25 foot buffer. A lengthy discussion ensued regarding the wall, disposition of the buffer, and lot sizes. Martha Lopez-Anderson, 2438 Alclobe Circle, Jerry Corbine and Donice Corbine, 1094 Red Dandy Drive, and Jack Cooper, 1360 Vickers Lake Drive added comments. The public hearing was closed. Mayor Vandergrift asked Staff to get with the Mall about problems the neighbors in Rose Hill are having with damages and crimes. Commissioner Howell, seconded by Commissioner Anderson, moved to approve Ordinance Number 2000-07 with the following changes: with the minimum lot size being 60 x 110 and a brick wall being constructed along the south and west boundary adiacent to the West Oaks Mall prior to the issuance of any building permits for single family homes subiect to City Commission approval of a Developer Agreement and execution thereof by the property owner and the City. Motion carried 4-1 with Commissioner Parker voting no. DEVELOPMENT AGREEMENT (CAMBRIDGE VILLAGE) City Attorney Rosenthal advised that the Development Agreement must be revised because of the above action taken, so the zoning change will not become effective until the revised Development Agreement has been executed by both the Developer and the City. He recommended approval under certain conditions which he outlined as stated below in the motion. Commissioner Howell, seconded by Mavor pro tem Anderson, moved to approve the Development Agreement with the following changes to the Conditions of Approval: (13) change minimum lot size from 50 x 110 to 60 xli 0, and an additional condition of approval with respect to the construction of the brick wall consistent with the conditions of approval set forth in PUD Ordinance Number 2000-07 and subiect to execution by the property owner and authorizing the Mayor and City Clerk to execute following execution by the property owner. Motion carried 4- Q. (Mayor Vandergrift was away from the dais.) Page 10 of 18 Ocoee City Commission Regular Meeting March 7, 2000 SCOTT ORDINANCE No. 2000-11, SCOTT ANNEXATION (CASE No. AR-99-11-03). City Attorney Rosenthal read the title only of the Ordinance. Senior Planner McGinnis presented the staff report, explaining that the subject property comprises approximately 30 acres and contains one single family dwelling unit. Access to the property is provided via a 10 foot strip along Ocoee-Clarcona Road. The applicant has requested that the property be changed from the designated Low Density Residential on the City Future Land Use Map and Joint Planning Area Map to an Ocoee zoning designation of R-IA, Single Family Dwelling District. The parcel is contiguous, compact, non-circuitous, and does not create an enclave. The public hearing was opened, and as no one wished to speak, was closed. Mavor pro tem Anderson, seconded by Commissioner Johnson, moved to adopt Ordinance Number 2000-11 approving the requested annexation for Scott, Case Number AR-99-11-03. Motion carried 3-0. (Mayor Vandergrift and Commissioner Howell were away from the dais.) ORDINANCE No. 2000-12, SCOTT INITIAL ZONING (CASE No. AR-11-03). City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened, and as no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance Number 2000-12, rezoning the property from Orange County A-I, Citrus Rural District, to Ocoee R-1AA, Single Family Dwelling District, and find the initial zoning is consistent with the (1) Comprehensive Plan, (2) Future Land Use Map, (3) Land Development Code, (4) Joint Planning Area Agreement with Orange County, and (5) surrounding land uses and zoning classifications, subiect to approval of the Annexation. Motion carried 4-0. (Commissioner Howell was away from the dais.) WELLINGTON PLACE ORDINANCE No. 2000-13, WELLINGTON PLACE ANNEXATION. (CASE No. AR-99-11-01) City Attorney Rosenthal read the title only of the Ordinance. Senior Planner McGinnis presented the staff report, explaining that this is a vacant 13.98:1: acre parcel located south of A.D. Mims Road and east of Johio Shores Road. The applicant requests a change from the designated Low Density Residential on the City Future Land Use Map and Joint Planning Area Map to an Ocoee designation of R-IA, Single Family Dwelling District. The parcel is contiguous, compact, non-circuitous and does not create an enclave. The public hearing was opened, and, as no one wished to speak, was closed. Page 11 of 18 Ocoee City Commission Regular Meeting March 7, 2000 Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance Number 2000-13, and approve the requested annexation for Wellington Place, Case Number AR- 99-11-0 I, subiect to the execution of an Annexation Agreement. Motion carried 5-0. ORDINANCE No. 2000-14, WELLINGTON PLACE INITIAL ZONING.(CASE No. AR-99-11-01) City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened, and, as no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance Number 2000-14, rezoning the subiect property from Orange County A-I, Citrus Rural District, to Ocoee R-IAA, Single Family Dwelling District, and find that the initial zoning is consistent with the (1) Comprehensive Plan, (2) Future Land Use Map, (3) Land Development Code, (4) Joint Planning Area Agreement with Orange County, and (5) surrounding land uses and zoning classifications, subiect to . City Commission approval of the Annexation and execution of an Annexation Agreement. Motion carried 5-0. ANNEXATION AGREEMENT Commissioner Anderson, seconded by Commissioner Parker, moved to approve the Annexation Agreement, Case No. AR-99-11-01: Wellington Place, with Mary Ann Bekemeyer, George J. Eddy and Cynthia L. Eddy, and Mary B. Eddy as Trustee of the Mary B. Eddy Trust. Motion carried 5-0. HEIDRICH RANCH, ORDINANCE No. 2000-15, HEIDRICH RANCH REZONING (CASE No. RZ-99- 09-01). (SENIOR PLANNER MCGINNIS) City Attorney Rosenthal read the title only of the Ordinance. Senior Planner McGinnis presented the staff report, explaining that the subject property comprises approximately 20.56 acres and contains three structures and that the applicant requests rezoning from Ocoee A-I, General Agricultural District, to Ocoee RIAA, Single Family Dwelling District. The parcel is located south of Ingram Road, northwest of Ocoee-Clarcona Road and, in Staff's opinion, R-1AAA zoning would be more appropriate. The public hearing was opened. Rich Levinski, representing the owner, advised that the applicant is seeking R-1AA zoning instead ofR-IAAA. Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance Number 2000-15, rezoning the subiect property from Ocoee A-I, General Agricultural District, to Ocoee R-IAAA, Single Family Dwelling District, and find that the rezoning is consistent with the (1) Comprehensive Plan, (2) Future Land Use Map, (3) Land Development Code, (4) Joint Planning Area Agreement with Orange County, and (5) surrounding land uses and zoning classifications. Motion carried 4-1 with Commissioner Howell voting no. Page 12 of 18 Ocoee City Commission Regular Meeting March 7, 2000 RESOLUTION No. 2000-02, CABLE TELEVISION FRANCHISE WITH TIME WARNER. City Attorney Rosenthal read by title only the proposed resolution granting a 10 year franchise for cable services to Time Warner Entertainment-Advance/Newhouse Partnership. Community Relations/Projects Director Shira presented the staff report. She said the franchise agreement largely mirrors the ordinance that had been adopted in December. Issues in this agreement that were not fully addressed in the ordinance include: I) The government channel now shown only in Ocoee will be offered to Winter Garden, Oakland and unincorporated West Orange if those communities request it. 2) Ocoee subscribers would get back the Orange County government channel. 3) The schools in the Ocoee city limits would have cable television and on-line services and all City buildings would have basic service so they can receive the government channel. 4) Financial assistance to the City to help with equipment needs for the government channel. Ms. Shira said she was available to answer questions along with representatives from Time Warner and Braulio Baez, the City's Special Legal Counsel of Leibowitz and Associates. Commissioner Howell asked if all Ocoee residents would now receive the City's access channel. Diane Pickett, of Time Warner, explained that some residents living along the borders of the City (now approximately 40 homes) would not receive the channel as the system nodes do not exactly match the City's borders. She explained that each node serves approximately 500 customers and the cost to add a node is $10,000.00. Mr. Shapiro said Time Warner has the responsibility to serve all residents and that no residents should be excluded as the standard, and that they should be working toward providing equal service within a reasonable amount of time. Ms. Pickett directed attention to Section 17. A. 2. and requested deletion of the phrase, "With specific regard to the Franchisee's obligations set forth in subsection 1 above." She also noted that the Orange County government channel would return as Channel 9 and Ocoee' s channel would move to Channel 10. Attorney Baez recommended against changing the language in the Franchise Agreement. He said the City could waive the provision when there is a node problem, and that the terms of the ordinance provide the City with discretion to hold, or not to hold, Time Warner in violation. Frank Kruppenbacher, attorney for Time Warner, said that he could not recommend that Time Warner agree to an agreement with which they know they are in violation. Mr. Kruppenbacher said they do not want to be at discretion of changing political bodies. He pointed out that Time Warner's cost to add nodes would be passed on to the cable subscribers who are residents of the City at a disproportionate rate. He said it would be their goal to make every reasonable effort to include everyone, but they cannot reach everyone without disproportionate cost. Page 13 of 18 Ocoee City Commission Regular Meeting March 7, 2000 Commissioner Anderson suggested that Time Warner might provide Roadrunner for free as a means to make government channel access available for those individuals where there is a node problem. Mr. Kruppenbacher said that would not be feasible because the impact of the cost would multiply for other jurisdictions. After lengthy discussion, there was agreement to recess to allow the attorneys to negotiate. Recess: 1:10 a.m. - 1:21 a.m. The public hearing for the Resolution was opened and suspended while attorneys continued to negotiate. Note: The Starke Lake Boat Ramp restrooms and Heavy-Duty Mobile Lifting System items were considered at this point in the meeting but are included below for clarity. The public hearing was unsuspended. Don McCuiston, 900 Nicole Boulevard, said the aspect in which he was interested was high speed internet access. Tom Hopkins, 323 Trancas Court, expressed interest in high speed internet access, expressed concern that the cost of adding the nodes would increase his rates, and supported having an independent review board between cable companies and City governments. Mayor Vandergrift suggested including availability of cable service III concurrency information for annexations. Following negotiations with Attorney Baez, Attorney Kruppenbacher suggested substituting language for Section 17 A. 2 as is noted in the motion below. Attorney Baez said for the record a correction was needed as follows: 17. A. 5 delete ", W estside Vocational Technical School". (Also noted in motion below.) The public hearing was closed. Commissioner Anderson said the City's attorney costs for the franchise process was $70,111.41 for the period thru 10/99 and that franchise fees received for 98/99 totaled $77,298.00. He said franchise fees are projected to be $98,000.00 for this year and asked Mr. Shapiro about the expected total costs since 10/99. Mr. Shapiro said he estimated that the costs had equaled the entire amount of fees for this budget year. Commissioner Anderson said he had a problem with a ten year agreement in light of the rapidly changing technology. Page 14 of 18 Ocoee City Commission Regular Meeting March 7, 2000 Commissioner Parker, seconded by Commissioner Johnson, moved to approve Resolution Number 2000-02, Cable Television Franchise with Time Warner. with the changes to Sections 17 A. 2. and 17 A. 5. as had been recommended by the attorneys as follows: 17. A. 2. ..."Some customers may not receive the City ofOcoee access channel due to the fact that the design of the cable system as recently upgraded does not precisely correspond to governmental boundaries; but in all events, the Franchisee shall, within a reasonable period of time, provide the City of Ocoee access channel to City residents/subscribers on any node on which the maiority of the subscribers are residents of the City of Ocoee. " 17 . A. 5. Delete; "Westside Vocational Technical School." Motion carried 5-0. Mr. Kruppenbacher urged Commission and staff to report any problems to Ms. Pickett. DISCUSSION: USE OF CITY FUNDS TO CONSTRUCT STARKE LAKE BOAT RAMP RESTROOMS. City Manager Shapiro pointed out that the City had a grant from Orange County to construct the restrooms, but the City needed to advance the funds. As had been recommended by staff, Mayor Vandergrift. seconded by Commissioner Howell, moved to approve the construction of the Starke Lake Boat Ramp restrooms utilizing City funds with reimbursement upon completion, with construction utilizing the specifications and site plan of Architect Jim Swickerath from a previous bid package. Motion carried 5-0. ApPROVE PURCHASE OF HEAVY DUTY MOBILE LIFTING SYSTEM FOR BUSES AND TRUCKS (BOO-03) FROM INTERSTATE LIFE & EQUIPMENT COMPANY. Public Works Director Smith and Buyer Tolbert were present to give the staff report and answer questions. As had been recommended by staff, Commissioner Howell, seconded by Commissioner Parker, moved to award Bid #00-03 to Interstate Lift & Equipment Company at $29,150.00 for the Heavy Duty Mobile Lifting System for Buses and Trucks and to authorize staff to proceed with the acquisition of the equipment. Motion carried 5-0. DISCUSSION: PURCHASE OF GETTINGS PROPERTY. Noting his wish that the City might own the property along Starke Lake from Silver Star to the municipal complex, Mayor Vandergrift said he had asked the owner of the Gettings property (Starke Lake Studios - Gettings Productions located at 275 N. Lakeshore Drive) to let the City have first right of refusal if he should wish to sell the property. Mayor said he thought the owner's price of $5,000,000.00 was too much, and asked for Commissioners' input about pursuing the purchase. Page 15 of 18 Ocoee City Commission Regular Meeting March 7, 2000 In the discussion which ensued it was noted that only the property and building would be of interest to the City. There was agreement that an appraisal would be the necessary first step, but Commission wished to determine if the owner would be willing to sell for the appraised value before deciding to seek an appraisal. It was the consensus of the Commission to request the Mayor to ask the owner if he would be willing to sell for the appraised value and to report back. DISCUSSION: LAND SWAP INVOLVING LOT AND MOBILE HOME IN PIONEER KEY. City Attorney Rosenthal said the recommended action would allow the City to swap the mobile home received from the state for the lot and mobile home owned by the estate of Mr. Moody and the mobile home owned by Mr. Workman. Mayor Vandergrift said the grating in the area needed to be moved from the center of the road to the side of the road in order to address the drainage problem, and he could not support the request unless the drainage issue was addressed. As had been recommended by staff, Commissioner Johnson. seconded by Commissioner Anderson. moved to approve the conveyance to the Estate of Gary M. Moody (or his heirs) of the lot located at 5 Sunset Key Court and the conveyance to Verle E. Workman of the mobile home located thereon on an equal value basis in exchange for the lot and mobile home located at 65 Sand Dollar Key Drive and authorize the Mayor and City Clerk to execute all documents, including but not limited to the Purchase and Sale Agreement, with such changes thereto as may be approved by the City Attorney and Director of Public Works, necessary to consummate the lot and mobile home swap. Motion carried 4-1. with Mayor Vandergrift voting "No. " APPOINTMENTS TO BOARDS Planning & Zoning Commission: Terms of Members Pat Bond and Darlene Rhodus expire April, 2000. Commissioner Johnson, seconded by Commissioner Anderson, moved to reappoint Pat Bond and Darlene Rhodus to serve another term on the Planning and Zoning Commission (term ending April 2003. Motion carried 5-0. Education Commission: Appointment to Complete Term of Member Cassie Lindenauer for Term Expiring August, 2001. No action was taken on this item. ST AFF REPORTS City Manager Shapiro advised that the rescheduling of the JP A Workshop would be considered in the March 21, 2000 meeting. Page 16 of 18 Ocoee City Commission Regular Meeting March 7, 2000 COMMENTS FROM COMMISSIONERS Commissioner Parker: 1. Asked if the City was going to buy a table at the Chamber Banquet. Suggested that City purchase a corporate table at the West Orange Chamber Chairman's Gala and Auction at Disney MGM Studios on March 23rd. Commissioner Parker, seconded by Commissioner Howell. moved to purchase a corporate table at the West Orange Chamber Annual Chairman's Gala and Auction to be held at Disney MGM Studios on March 23'd. Motion carried 5-0. Commissioner Johnson said he had met with a couple people from the West Orange Chamber and had voiced his opinion on several problems he has with the Chamber. He said he would write a letter to the other members of the Commission about his concerns rather than going into them at this late hour. He said he felt that Commissioners need to look at the Chamber's activities and the way it is addressed to the City. He said if the issues cannot be resolved he thinks other avenues should be explored. 2. Noting the shortage of park areas in the City, asked if the City could mow and place signs on property designated for future parks so citizens can be aware of them. 3. Thanked public works for the sidewalk north to Clarcona-Ocoee Road on Clarke Road. Commissioner Johnson: 1. Reported the business located on Maguire Road where the old air conditioner building was had been storing items out front. Mr. Shapiro will have staff check it out. 2. Announced that at 11 :00 a.m. on the first Saturday in June there would be an old-fashioned citizen get-together marking the demolition of the old school. He said some funds would probably be needed from the City, and he will report back with more information. Commissioner Anderson: 1. Reported that the yard at 125 South Lakeshore Drive was full of trash, and he had received calls from concerned citizens. 2. Had received an e-mail; that Coke has donated score boards for Little League and they were waiting for the City to wire them. Mr. Shapiro said he will check on staff schedules so he will know the answer by staff meeting on Thursday morning. Commissioner Anderson will attend the meeting on Thursday night and let them know the answer. Commissioner Howell: 1. Reported problem with stormwater drain at 1707 Mona and problem with sidewalk at 1406 Wanda caused by tree roots. 2. Asked if any funds are available to replace carpet in hallway in downstairs of City Hall. Mayor suggested having it shampooed first to see if that would help. Mr. Shapiro said this will be discussed in staff meeting on Thursday. Page 17 of 18 Ocoee City Commission Regular Meeting March 7, 2000 Mayor Vandergrift: Suggested looking at partnerships with clubs and organizations to develop parks in the City. Said, for example, Disney volunteers had put in shrubbery and a park and sidewalks in the turn around area at Spring Lake Elementary. ADJOURNMENT The meeting adjourned at 2:10 a.m. Attest: APPROVED City of Ocoee 'h1 tU ~Q...<<J .Ji;A1d ~ - Marian Green, Deputy City Clerk Page 18 of 18