HomeMy WebLinkAbout12-05-00 Minutes
MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD
DECEMBER 5, 2000
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission
Chambers. Commissioner Parker led in prayer and Mrs. Frances Watts led the Pledge of
Allegiance to the Flag. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson (arrived at 7:17
p.m.), and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Deputy
City Clerk Green, Community Relations /Projects Director Shira, City Engineer/Utilities
Director Shira, Finance Director Horton, Finance Counsel Mark Galvin, Bond Counsel Ken
Artin, Planning Director Wagner, Senior Planner McGinnis, Recreation Director Nordquist,
Zoning Coordinator Harper, Deputy City Clerk Whitford, and Boxing Club Coordinator
Cristelli.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
Proposed Lake Apopka Basin Development Design -Friends of Lake Apopka, James
Milton Thomas, President
In a letter dated December 1, 2000, Mr. Thomas requested postponing this item until the
January 2 meeting.
Non-Agenda Item
Mr. David Brennan, 1508 Ison Lane, representing the Ocoee Youth Soccer League,
addressed Commission regarding the use of the soccer fields and asked that the proposed
construction project for the pool be delayed past the month of January so they can continue to
use the fields currently in use. He also asked for a commitment that they would have two
fields on that site to use next year. City Manager Shapiro responded the proposed
construction has been delayed for other reasons and the play fields will be available in January.
He added the City has already agreed to have two soccer fields next year according to the
discussion at a previous meeting.
Mayor Vandergrift asked about the reclaimed water issue, and Mr. Shapiro responded
Burton & Associates had been commissioned to do a rate study. Their report should be ready
for the work session to be scheduled for either January 4 or 8, depending on when Commission
is available.
Commissioner Anderson asked to get a cost to light the fields. Mr. Shapiro advised Mr.
Smith may have that information already, but he could not be present due to a death in his
family.
Mr. Shapiro discussed soccer fields that would be available next year at South Park.
Ocoee City Commission Regular Meeting
December 5,2000
There was discussion regarding the use of the restrooms on the right side of the Beech
Recreation Center.
Noel Parish, 1828 Sparkling Water Circle, said there were over 400 people of all ages
attending the games and they needed to have all of the restrooms open for them to use. Mr.
Shapiro expressed concern that the tile floors would be damaged by the players' cleats.
Commissioner Parker suggested that mats be put down to protect the floors on a trial basis.
Consensus was reached to try mats, and if the floors get messed up and require special care,
the restrooms will again be locked.
RECESS 7:35 - 7:42 P.M.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Anderson
· Announced that turkeys will be given away to visitors who attend the 10:30 a.m. service at
First Baptist Church of Ocoee on Sunday, December 10.
· Announced Santa Calls by Recreation Department on December 11, judging of Christmas
lighting on December 8 and visits from Santa on December 16. Call the Recreation
Department at 407/905-3100 x 9-5000 for more information.
Mayor Vandergrift
· Announced the birth of a son to Mr. and Mrs. Steve Berry. Steve is a Wastewater
Operator for the City Utilities Department.
· Announced the Annual Community Christmas Dinner scheduled for Friday, December 15,
from 4:30 - 7:30 p.m. at the Ocoee Middle School cafeteria. Mr. Shapiro said tickets for
the dinner will be available at the schools within the City, the Christian Service Center and
City Hall.
· Read thank you note for the City's support from Lori Gibson of the West Orange Junior
Service League.
. Displayed "butterfly" he had received from third graders at Citrus Elementary which
opened to reveal butterfly shaped notes thanking him for teaching their class.
CONSENT AGENDA
The consent agenda consisted of items A, B, C, D, E, and F.
City Attorney Rosenthal announced a correction to the Minutes of the Regular Meeting of
November 21, 2000 in paragraph 1 on page 7, requested by Jesse Graham, Esquire, as
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Ocoee City Commission Regular Meeting
December 5, 2000
follows: Pursuant to the foregoing the Applicant has agreed -te that construction of such-a six
foot (6') high brick wall is ~a condition of approval of the preliminary subdivision plan.
Without objection the proposed correction was made a part of the consent motion.
Commissioner Johnson pulled items B, C, and D for discussion.
Commissioner Anderson. seconded bv Commissioner Howell. moved to approve items A. E.
and F as presented and corrected. Motion carried 5-0.
A. Approval and Acceptance of Minutes of (1) City Commission Regular Meeting of
November 21, 2000, (2) Special Session re Final Settlement on Municipal Complex of
November 21,2000. (City Clerk Grafton)
E. Approval and Authorization for Mayor and City Clerk to Execute Remington Oaks
Subdivision - Phase 2 - Final Plat. (Engineer I Gavrilovic)
· This subdivision is a 63 lot single family subdivision located on the north side of Hackney-Prairie Road,
adjacent to Phase 1. All required documentation pertaining to the platting of this subdivision has been
received and approved.
F. Approval and Authorization for Mayor and City Clerk to Execute Utility Easement in
Coventry Park with Florida Power Corporation. (Public Works Director Smith)
. Florida Power needs a utility easement to provide power to the City's irrigation well and controller.
The easement will not have any impact on the public's use of this park, and will provide irrigation for more
trees and plants in this park.
Pulled Items
B. Approval and Authorization to Grant $500.00 to Boy Scout Troop 766 for the Purpose
of Providing Trophies/ A wards/Equipment/Events/Expenses/Patches for the 2nd Ocoee
Camporee. (Community Relations/Projects Director Shira)
· This request is presented by Fred Zielinski, who advised this is a 20 member troop with 5 members
Ocoee residents.
C. Approval and Authorization to Grant $500.00 to Boy Scout Troop 217 for the Purpose
of Updating Equipment and Purchasing New Equipment and Uniforms. (Community
Relations/Projects Director Shira)
. This request is presented by Eugene "Jack" Switzer, who advised this is a 15 member troop with 15
members Ocoee residents. They have received the following support for this project already: $85.00 from
OUMC, $500.00 (T-shirts) from PhotoGraph-X, $125.00 (trailer repairs) from Emerson Trailer.
Commissioner Johnson proposed that the amount granted to Troop 766 be prorated according
to the number of Ocoee residents in the troop. Following a discussion regarding the purpose
of the grant, Commissioner Johnson. seconded bv Commissioner Parker. moved to grant
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Ocoee City Commission Regular Meeting
December 5, 2000
$250 to Troop 766 and $500 to Troop 217. with directions for the two troops to cooperate in
the Camporee. Motion carried 4-1 with Commissioner Howell voting no.
Fred Zielinski was present to represent Troop 766 and Darrel Amons was present to
represent Troop 217.
During a discussion regarding the grants Commissioner Parker proposed, without objection,
the issue of grants as an annual event be included in the workshop scheduled the first week in
January.
D. Approval and Authorization to Grant $1,000.00 to West Orange YMCA for their
Youth Scholarship Program.
· This request is presented by Charles "Buzz" Matthews, Executive Director, YMCA, who advised this
organization has received $45,585.00 on this project from 164 individuals and businesses in the West Orange
Community. The Y has 4,119 total number of members with 1,275 of those Ocoee residents. These funds
will be used to help provide scholarships for the Y programs which focus on building positive values and
behaviors.
Commissioner Johnson asked for information regarding how many scholarships go to Ocoee
children, and Mr. Matthews handed a report to him.
Mavor Vandergrift. seconded by Commissioner Johnson. moved to grant $1.000 to West
Orange YMCA for their Youth Scholarship Program. Motion carried 5-0.
COMMENTS FROM CITIZENS/PUBLIC
Frances Watts, 43 Shell Key Court, president of West Orange Senior Citizens for ten years,
thanked the City for use of the Community Center for their meetings and use of the City bus
for their trips. Expressed gratitude to Debbie Gallo and James Mobley for their assistance.
Also expressed thanks for tickets provided for seniors for the City Christmas Dinner.
Mayor Vandergrift left the dais.
PUBLIC HEARINGS
Second Reading of Ordinances:
Forest Lake Estates (Case Number AR-2000-05-01) (Senior Planner McGinnis)
Ordinance No. 2000-28, Annexation.
City Attorney Rosenthal read the title only of the Ordinance and announced that the
information and testimony given for this public hearing would carryover to the public hearing
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Ocoee City Commission Regular Meeting
December 5, 2000
for the rezoning, and, although not a public hearing, for the Annexation Agreement as well.
Senior Planner McGinnis gave the staff report, advising the subject property is approximately
33.67::!: acres located south of Ocoee-Clarcona Road and west of Lauren Beth Avenue. The
parcel contains four existing structures, one single family dwelling unit and three storage
sheds. The subject property is located within the Ocoee-Orange County Joint Planning Area
and is proposed to be developed as a single family subdivision, if the annexation is approved.
Ms. McGinnis advised the annexation is consistent with the JP A Agreement, state annexation
criteria, and standards established by the City. Orange County has voiced no objections to the
annexation. The Development Review Committee, Planning and Zoning Commission and
Staff all recommend adoption of Ordinance No. 2000-28 concerning the annexation in Case
No. AR-2000-05-01, Forest Lake Estates, subject to the execution of an Annexation
Agreement that will dedicate right-of-way and ensure some other improvements are made to
the property, and subject to a zoning ordinance acceptable to the applicant.
The public hearing was opened.
R. P. Mohnacky, 1820 Prairie Lake Boulevard, raised a question regarding the flood plain.
The public hearing was closed.
Mayor Vandergrift returned to the dais.
Commissioner Anderson. seconded bv Commissioner Johnson. moved to adopt Ordinance
No. 2000-28 and aoorove the annexation for Forest Lake Estates. Case No. AR-2000-05-01.
subiect to execution of an Annexation Agreement and subiect to a zoning ordinance acceotable
to the applicant. Motion carried 5-0.
Ordinance No. 2000-29, Rezoning.
City Attorney Rosenthal read the title only of the Ordinance. Ms. McGinnis gave the staff
report, advising the applicant is requesting R-IA zoning, but that both Planning and Zoning
Commission and staff are recommending denial of the request and recommending R-IAAA
zoning instead. During the Planning and Zoning Commission meeting the applicant had asked
that R-IAA zoning be considered. Mr. Rosenthal clarified that the ordinance in the packet
reflects the applicant's request for R-IA zoning and there was no ordinance in the packet for
staff's recommendation. He then explained the Commission's options.
Randy June, June Engineering Consultants, 71 East Church Street, Orlando, reviewed
discussions with residents and with P & Z and requested consideration be given for R-IAA
zoning with a self imposed minimum square footage of 10,000 square feet.
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Ocoee City Commission Regular Meeting
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The public hearing was opened.
Betty Doran, 10117 Clarcona-Ocoee Road, expressed concern regarding the size of
houses/lots, cutting down trees and traffic.
The public hearing was closed.
Commissioner Howell read an e-mail message from Dan/Holly Blankenship, 2201 Lauren
Beth Avenue, and Mark/Pam Ricci, 10000 Mark Adam Road, expressing concern regarding
access on Lauren Beth and the lot sizes.
Commissioner Howell. seconded by Commissioner Parker. moved to aoorove Ordinance
No. 2000-29 with the Ordinance establishing an initial zoning of R-IAA rather than R-IA and
with direction to the City Attorney to make such provisions as are necessary to accomplish the
R-IAA initial zoning. subiect to the aooroval of an Annexation Agreement which includes an
agreement that the minimum lot size will be 10.000 square feet oer lot within the subiect
property. and further providing in the Annexation Agreement that access rights from Lauren
Beth Avenue will be dedicated to the City of Ocoee. Motion carried 4-1 with Commissioner
Anderson voting no.
City Attorney Rosenthal noted that the applicant indicated this was acceptable.
Annexation Agreement
City Attorney Rosenthal explained this Agreement provides for the dedication of certain
right-of-way along Clarcona-Ocoee Road, a turn lane on Clarcona-Ocoee Road, and also for
the contribution to the City of 50 % of the cost of improving a portion of Lauren Beth A venue
adjacent to the property.
Mayor Vandergrift. seconded by Commissioner Howell. moved to aoorove the Annexation
Agreement as set forth in the agenda oacket. subiect to the following orovision and adding the
provision that the minimum lot size within the subiect orooerty would be 10.000 square feet
per lot and subiect to the additional provision that access rights from Lauren Beth A venue will
be dedicated to the City of Ocoee. with direction to the City Attorney to make those revisions
and then authorize execution by the Mayor and City Clerk. Motion carried 5-0.
Ordinance No. 2000-30, Amending Ordinance No. 91-11, Relating to Flood Damage
Prevention. (City EngineerlUtilities Director Shira)
City Attorney Rosenthal read the title only of the Ordinance. City Engineer/Utilities
Director Shira said the only thing FEMA found lacking in the City's flood protection
ordinance was a definition of "lowest floor" and this amendment will remedy that lack.
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Ocoee City Commission Regular Meeting
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The public hearing was opened.
R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked why the change was necessary and
Mr. Rosenthal advised this was defining a phrase in the existing ordinance which was
otherwise not defined.
Commissioner Anderson. seconded by Commissioner Parker. moved to adopt Ordinance
No. 2000-30 and authorize the Mayor and City Clerk to execute. Motion carried 5-0.
Variance Request: (Zoning Coordinator Harper)
Cox Lumber Company, Case #04VR-2000 - Continuedfrom October 17 and November 21,
2000.
Zoning Coordinator Harper gave the staff report, stating the issue for the record. The
requested variances would allow the construction of 700 lineal feet of lumber storage racks to
be erected within 5 feet of the southerly and eastern property lines upon the subject property.
Mr. Harper stated that, although the Board of Adjustment voted 4-0 to recommend approval,
staff recommends denial of the request.
(Clerk's Note: The 700 lineal feet was later amended to 550 lineal feet.)
Mr. David Swisher, 2432 Johio Bay Drive, Regional Sales Manager for Cox Lumber
Company, explained their proposal and directed attention to Exhibit 5 in the packet and said
that they had interpreted item c.(I) A minimum of 10 foot landscape buffer is required between
adjacent tracts (side and rear property boundaries) to mean 5 feet on each side. He said
further their proposal had been modified from the original proposal of 700 lineal feet to 550
lineal feet and they had also been challenged regarding the permeability of the property. He
added they had not given the City a 5 foot easement as was suggested in the Board of
Adjustment minutes in the packet.
The public hearing was opened and, as no one wished to speak, was closed.
City Attorney Rosenthal asked that Mr. Harper clarify the variance that was being requested.
Mr. Harper noted two provisions of the City Code that pertain to this case: (1) Ordinance
99-23 requires a 10 foot landscape buffer along the side and rear property lines, and (2) Table
5-2 of the Land Development Code requires a minimum of 10 feet side and rear setbacks in 1-2
zones for accessory structures. Cox Lumber Company is requesting a variance from the 10
foot landscape buffer and the 10 foot setback for accessory structures to 5 feet.
Mr. Rosenthal pointed out that if there are other code provisions that come into play when the
time comes for a building permit, those must be addressed, as this variance only covers this
specific request if Commission decides to grant it. He asked if the applicant was in agreement
with the Board of Adjustment recommendation.
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Ocoee City Commission Regular Meeting
December 5,2000
Mr. Swisher said they agreed with it. He pointed out for the rack placements, they would
agree to the same provisions given to the railroad; i.e., in the event the 10 foot buffer zone
were needed to be activated in any way, the racks are transportable. He said they are willing
to put in the landscaping now.
There was further discussion regarding landscaping.
Mayor Vandenrrift. seconded by Commissioner Parker. moved to approve the variance
from 10 foot landscape buffer and 10 foot setback for accessory structures requirements of the
Land Development Code in order to allow the construction of approximately 550 lineal feet of
lumber storage racks to be erected within 5 feet of the southerly and eastern property lines
upon the property which is the subiect of the variance aoolication subiect to the requirement
that the landscaping within the remaining 5 foot landscape buffer include double the number of
trees otherwise required by the Land Develooment Code. and further subiect to the condition
that the granting of this variance and the issuance of any resulting building permits shall not be
construed as granting the owner any soecial right or entitlement concerning the use which
suoersedes any rights held by any easement holder. and further subiect to the provision that the
lumber storage racks will have a maximum height of 15 feet. and further subiect to all other
applicable Code requirements. Motion carried 4-1 with Commissioner Howell voting no.
OTHER BUSINESS
Discussion re Contract with the Haskell Educational Services, Inc. (City Manager
Shapiro)
City Manager Shapiro introduced Stacy Miller, with Haskell Educational Services, Inc.
Ms. Miller presented the Education Service Agreement and said she was here to discuss the
services associated with the financing, development, designing and construction, and operation
of the proposed City of Ocoee charter school. She thanked the Mayor, City Manager, and
City Attorney for working with them to create an agreement that will meet the expectations of
this Commission. Ms. Miller said she would address the general principles of charter schools,
the City's role and responsibilities in sponsoring a charter school, the proposed project
structure and the risks associated with the venture and the ways those risks can be mitigated.
She distributed a document referred to as Phase 1 to the Commission.
Mr. Mark Galvin, Finance Counsel with First Union National Bank, reviewed his report
which he also distributed to the Commission along with a proforma.
Mr. Ken Artin, Bond Counsel with Bryant, Miller and Olive, discussed the risks:
construction, opening, attendance, management, renewal and replacement, availability of state
revenue, and charter.
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Ocoee City Commission Regular Meeting
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City Attorney Rosenthal briefly discussed the Agreement and the Phases.
City Manager Shapiro raised some relevant questions.
Former Mayor Lester Dabbs made some observations and raised some questions.
Frank Kruppenbacher, General Counsel for Orange County School Board, said the School
Board would like to talk with the City. He encouraged the Commission to agree to a joint
meeting of the two boards.
Mrs. Martha Lopez-Anderson addressed the issue of overcrowded schools and spoke in favor
of approving the Haskell Agreement.
Mrs. Rosemary Davis, Chairman of Education Commission, supported working together and
moving forward.
Commissioner Parker said she was not against charter schools, but she wanted to know that
Ocoee children will benefit from the investment.
After an extended discussion, Mayor Vandergrift. seconded by Commissioner Anderson.
moved to approve the Educational Services Agreement with Haskell Educational Services.
Inc.. authorizing execution thereof by the Mayor and City Clerk. and authorizing Haskell to
commence Phase II of the Spectrum of Services as set forth therein at a cost of $25.000 with
funding coming from the contingency fund. and with a direction to Haskell to look at a 2001
opening within the scope of the Phase II Spectrum of Services.
Commissioner Anderson moved to amend the motion by removing the 2001. Motion died for
lack of a second.
The vote on the motion was 2 yes and 3 no with Commissioners Howell, Johnson and Parker
voting no.
Commissioner Parker. seconded by Commissioner Johnson. moved to request an education
summit with Orange County School Board to discuss charter schools and Ocoee's application
as soon as possible. Motion carried 4-1 with Mayor Vandergrift voting no.
Discussion re Requirements for City After School Care Program. (Recreation Director
Nordquist)
City Manager Shapiro advised the three options available and recommended using both the
Vignetti Recreation Center and the Beech Recreation Center for the Before/After School
Program.
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Ocoee City Commission Regular Meeting
December 5,2000
Recreation Director Nordquist and Recreation Supervisor Prettyman were present to answer
questions.
Commissioner Johnson. seconded by Commissioner Anderson. moved to use both Vignetti
Recreation Center and Beech Recreation Center for the Before/After School Program and
authorize the funds to meet the Department of Children and Families standards. Motion
carried 4-0. Commissioner Howell was away from the dais.
Discussion re Site for City Boxing Program. (Recreation Director Nordquist)
Recreation Director Nordquist said they have been searching for a suitable site and had found
an acceptable site which is described in the packet, but since then have found a better site.
City Manager Shapiro advised they have found a better facility for the boxing program than
the one recommended in the packet. This site is a parcel situated on Old Winter Garden Road
and Professional Parkway that the City was about ready to condemn for the roadway. As the
roadway will not be built for about another year, the 3700 square foot building on the property
which is in excellent condition can serve the purpose for the boxing program. He said
Assistant City Attorney Doty had discussed this with the owner, Mr. Casserino, and it may be
possible for the City to use the building while condemning it, which would save a considerable
amount of money.
Commissioner Johnson. seconded by Commissioner Howell. moved to go with the Frank
Cas serino property. to rent now at $2.000 per month. Motion carried 5-0.
Discussion re City Manager Contract. (Commissioner Johnson)
City Manager Shapiro asked that this item be placed on the December 19 agenda.
Commissioner Anderson. seconded by Commissioner Parker. moved to mutually agree to
extend the deadline on the decision regarding the Citv Manager contract to December 21. 2000
and to place this on the December 19. 2000 agenda. Motion carried 5-0.
STAFF REPORTS
There were no staff reports at this time.
COMMENTS FROM COMMISSIONERS
Commissioner Johnson
Requested that the Christmas decorations be checked because many of the lights are not
working.
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Ocoee City Commission Regular Meeting
December 5,2000
Mayor Vandergrift
Reported an electric box down on the lake had been broken when backed over by one of the
parade participants. Mr. Shapiro said he will have it checked first thing in the morning.
ADJOURNMENT
The meeting adjourned at 12:45 a.m.
Attest:
APPROVED
City of Ocoee
,
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S. Scott Vandergrift, Mayor
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