HomeMy WebLinkAboutItem #01 Approval of Minutes
MINUTES
OCOEE CITY COMMISSION
March 7, 2006 at 7:15 P.M.
Agenda 4/4/2006
Item 1
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of
City Hall. Pastor Carlos Sermiento, Living Waters Church gave the Invocation and the Pledge of
Allegiance and National Anthem were sung by Taylor Elliott, 16 year old Ocoee Resident. City
Clerk Eikenberry called roll and declared a quorum present.
Roll Call:
Mayor Vandergrift, Commissioner Anderson, Commissioner Hood, Commissioner
Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation - Certificate of Merit. (Police Chief Goclon)
· Sgt. Brad Dreasher
· Lt. Charlie Brown
Proclamations - March 2006. (Mayor Vandergrift)
· Building a Safe and Drug Free Community Month
Presentation of Rocking Chair to Commissioner Parker.
Presentation postponed until after Item #10.
(Mayor Vandergrift)
Presentation of Certificate for "Citizen of Character" and Birthday Cake to Frances
Watts, in celebration of her 84th birthday and her dedicated unselfish service to the senior
residents of the City of Ocoee as President of the West Orange Seniors. James Fleming, gave
Mrs. Watts flowers in honor of her birthday.
I C. COMMENTS FROM CITIZENS/PUBLIC
Frances Watts, 37 year resident of Ocoee, spoke to the Commission about how much she
enjoyed being an Ocoee resident. She wished Commissioner Parker well and said she
appreciated how she often she visited the Senior Center. She passed out lucky four leaf clovers,
homemade by the seniors, to everyone on the dais.
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Johnson- none
Commissioner Anderson- said he had a roadway easement issue that he would like to bring up
before Item #12 on the agenda if the Commission approved. Commission consented,
without obiection.
Commissioner Hood - none
City Commission Regular
March 7, 2006
Mayor Vandergrift - read a letter from the American Red Cross thanking the City of Ocoee for
assisting in Hurricane Katrina Relief Efforts. Mayor Vandergrift thanked Gloria Vyka, Gequita
Cowan, Beth Eikenberry, and all employees not present who assisted in the relief efforts.
I E. CONSENT AGENDA
id g
lbert)
The City has been using Otto Environmental since their bid was awarded in 1995. The bid expired when the cost of
the garbage containers escalated due to higher energy, material, production costs, etc. The new term contract will be
for a total of five (5) years, renewed annually; with provisions for an automatic annual 3% cost escalation and other
cost adjustments. In compliance with the City ofOcoee's Purchasing Code, a formal bid was developed to provide
the containers. The bid was publicly advertised on December 18, 2005, and opened on January 19, 2006. There
were a total of five (5) responses to this bid, with one considered as non-responsive for failure to provide a bid
security. Staff recommends that the City Commission award Bid #B06-03 to Otto Environmental Systems (NC),
LLC in the amount of unit prices bid for the 96, 65, and 35 gallon containers including shipping, and authorize the
Mayor, City Clerk, and Staff to execute all necessary contract documents and issue purchase orders between the City
and Otto Environmental Systems, (NC) LLC.
2.1\ppr()val()CCallyassingBoard.(jriteria.2006.(City(jlerliEikellberry)
Pursuant to Florida Statute 101.5614 and Ocoee City Charter Section C-50, the Canvassing Board shall meet at noon
on March 15, 2006, in the presence of members of the public desiring to witness the proceedings. The Board will
declare the results of the canvass and results of the election. Under new election laws, any outstanding provisional
ballot cannot be counted until after Friday, March 17,2006, at 5:00 p.rn. If such ballots exist in the Ocoee General
Election, the Canvassing Board will continue the meeting on noon, Monday, March 20, 2006, to include those
ballots, and declare the official results of the Election. In the Commission Meeting on December 20, 2005, it was
determined that the Canvassing Board will consist of Mayor Vandergrift, Commissioner Johnson, and former City
Clerk Jean Grafton.
. .......Villes..of.Life..Millistries........SettlelD.ellft\.greelllellt......(City...Attorlley.ll.osellthal)
Code Enforcement Officers of the City cited Guy Ianello, Catherine Ayler, Vine of Life Ministries, Inc., and True
Ministries, Inc., for alleged code violations arising out of their use of seven residential properties within the City.
Six of the parcels are located on Idaho Court, and the remaining parcel is located on Leslie Ann Lane. The nature of
the alleged code violations concerned the use of the properties for housing participants in, and conducting activities
for, a drug- and alcohol-treatment program known as the Total Freedom Program. The property owners challenged
the Notice of Violation by threatening to commence a federal court challenge against the City, contesting the
validity of the Notice under the federal constitution and federal statutes. With the approval of the City Manager, a
settlement was negotiated with the property owners. The Settlement Agreement has now been executed by the
property owners. It is recommended that the City approve the Settlement Agreement and authorize the Mayor to
sign the Agreement on the City's behalf. The Settlement Agreement will prohibit the property owners from using
the property in a way that violates the Code, yet preserve their ability to use the property for the purposes permitted
by federal statutory and constitutional law. The Agreement also resolves this controversy without the need for
litigation.
4. Appl'oval of MVP Neighbol'hoodMatchillg Grant. (CgDllDllni ela.tionsManager
Wright)
Six applications were received, five from neighborhoods and one from a community service organization located in
Ocoee. The Cambridge Villas Homeowners Association's application was received by the deadline, however it was
not included with the six applications.
o erv
The Windsor Landings reuse main extension was awarded a grant by the South Florida Water Management District.
The project needs to be designed and Donald W. McIntosh Associates, Inc., Design Engineer for the Meadow Ridge
PUD is willing to assist the City with the design. Staff recommends that the City Commission approve the
employment of Donald W. McIntosh Associates, Inc. to perform design services for the Reuse Main Extension to
Page 2 of 10
City Commission Regular
March 7, 2006
Windsor Landings Project in the amount of $16,550.00, and authorize staff to execute the purchase order and
proceed with the roject.
on
Drive. (CityEngl er
The South Lakeshore Drive area has been experiencing drainage problems for a number of years. These drainage
problems have been associated with the overflow of the pond located on the Ocoee Middle School property. The
pond overflows into a swale on South Lakeshore Drive and if the overflow is excessive in runs down Lakeshore
Drive to the nearest access point to Starke Lake. The project is to collect the overflow drainage from the OCPS
pond and other drainage from the City right-of-way and direct it to Starke Lake without it running down Lakeshore
Drive for approximately one hundred yards as surface drainage. The City negotiated this easement and the
temporary construction easement in the amount of $1,000. Actual construction of the drainage improvements is
scheduled for later this year at an anticipated cost of less than $60,000 and OCPS will contribute one-half of the
project cost.
was
Plantation Groves Tract F commercial development is the last undeveloped tract of the Plantation Groves
Commercial Complex, which is located at the northeast comer of Moore Road and Maguire Road. This plat is for a
7.94 acre commercial development. The site is bounded by Key Isle Apartments to the west and Moore Road to the
south. All required documentation pertaining to the platting of this development has been reviewed and approved by
City staff.
Consel1tAaelldaNote:
Commissioner Anderson asked, regarding Item #1, if the containers had been tested. Public
Works Director Zaitooni said that they tested sample containers for durability from several of
the bidders using the side arm, and those results were considered in the selection process.
Commissioner Hood. seconded bv Commissioner Johnson. moved to approve
Consent Agenda items 1 through 6. as presented. Motion carried 4-0. with
Commissioner Parker absent.
I F. PUBLIC HEARINGS
rch-Speciar:I!:~ception.
01'lal1dtxSentinel 'cipalP
Living Waters Church applied for a Special Exception (church use) in Space #14 of the Ocoee Shopping Center.
The entire shopping center is 8.15 acres, and is located on the northwest comer ofOcoee-Apopka Road and Silver
Star Road within a Community Commercial (C-2) Zoning Classification. In order to approve this use, certain
upgrades to the property are needed.
Principal Planner James gave a presentation on both Special Exceptions for Item #8 & 9, and
for the Development Agreement under Item #10.
Mayor Vandergrift asked if our engineers have looked at the drainage problems. Mr. James
said a study is being done to see if additional inlets are needed in the re-creating of the pond, and
advised it is being rehabilitated to the standards of the St. John's Water Management when it was
originally permitted.
City Attorney Rosenthal advised that Special Exceptions would exist as long as the business
remained in that location, it would not apply to a different church moving in.
Page 3 of 10
City Commission Regular
March 7, 2006
Engineer Wheeler said he spoke to the applicants and the property owner about the flooding
issues, he has agreed to regrade the pond and outfall, to clean out the pipes in accordance with
the way it was originally permitted, and to look at any other drainage improvements he may need
to make.
Mayor Vandergrift opened the Public Hearing.
There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing.
Commissioner Johnson asked if there are any upgrades required for the front of the property.
Mr. James said the Development Agreement called for potted plants on the sidewalk, landscape
islands with irrigation, and upgraded light poles with shielding from neighboring properties.
Commissioner Johnson said the issue of the trash around the building needs to be addressed
also.
Commissioner Anderson, seconded by Commissioner Johnson moved to
approve the Special Exception for Livina Waters Church in Space #14 of the
Ocoee Shoppina Center, per staff recommendation. Motion carried 5-0.
Commissioner Parker arrived in the middle of this item at 7:50 p.m.
Mayor Vandergrift introduced Waldemar Serrano from the Office of Governor Bush, Division
of Emergency Management, who was in the audience.
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God's Factory Christian Center applied for a Special Exception (church use) in Space #10 of the Ocoee Shopping
Center. The entire shopping center is 8.15 acres, and is located on the northwest comer ofOcoee-Apopka Road and
Silver Star Road within a Community Commercial (C-2) Zoning Classification. In order to approve this use, certain
upgrades to the property are needed.
Mayor Vandergrift opened the Public Hearing.
There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing.
Commissioner Anderson, seconded by Commissioner Johnson moved to
approve the Special Exception for God's Factory Church in Space #10 of the
Ocoee Shoppina Center, per staff recommendation. Motion carried 5-0.
Commissioner Anderson, seconded by Commissioner Johnson moved to
approve the Development Aareement for the Ocoee Shoppina Center. Motion
carried 5-0.
PresentatiotttoComDlissiOllcrPa.l'ker
Mayor Vandergrift went back to Presentations before moving forward on the agenda. He gave
a summary of Commissioner Parker's accomplishments and community involvement, and
presented her with a rocking chair. Commissioner Johnson read a letter from Louis Fazio about
his respect and admiration for Commissioner Parker. He also presented Commissioner Parker
with flowers. The Fire Department and Police Department presented plaques to Commissioner
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City Commission Regular
March 7, 2006
Parker thanking her for her service. James Fleming presented her with a plaque from the
American Legion. Members of the Commission spoke to Commissioner Parker about what an
honor it had been to serve with her. Resident Frances Watts thanked her for her involvement
with the seniors.
PUBLIC HEARING - RESOLUTION
l1.SefSto..ol\vaterUtility Fees. (Puklic/Elearing adv
Sentinel.Legal.Classijied).....CPllhlic.Works..Ui..ecto
On February 7, 2006, City Commission directed staff to develop a sliding-scale model for the increase in the
Stormwater Utility Fees and to place the item on the City Commission meeting for adoption. The sliding-scale
model considers a scaled fee distribution for the residential category based on the gross square footage of the
impervious areas. Both the "flat-fee" and the "sliding-scale" models are projected to produce an equal sum of
revenues in the target years. The recent amendment to Chapter 150 of the City Code modified and expanded the
properties subject to a stormwater fee to include Category A- residential with four (4) distinct classes based upon the
gross square footage, Category B- residential condominiums, Category C- developed non-residential properties, and
Category D- vacant land.
CUy Attorney Rosenthal read the title of the resolution.
Public Works Director ZaUooni gave a PowerPoint presentation regarding the CIP list of
projects, the sliding scale for utility fees, and placing stormwater fees on the county tax roll.
Mayor Vandergrift asked how the list of CIP projects be prioritized. Public Works Director
Zaitooni said that the most significant criteria would be risk of flooding to the property, and the
actual size of the project. He said grant money received from sources such as Department of
Environmental Protection, CDBG, or Fish and Game Commission for pollution abatement and
flood control can also make something a higher priority while the funding is available.
Mayor Vandergrift also asked about priority of lake pollution. Public Works Director
ZaUooni advised that it is high priority; most CIP projects have a built-in pollution abatement
solution to protect the City's lakes.
Commissioner Anderson said he still feels that homeowner associations who maintain their
own retention pond should be able to negotiate a lower rate. He said he is still in favor of the flat
fee because it would be easier to administer. Public Works Director ZaUooni said that these
stormwater fees are used for capital projects, they are not being used to handle local stormwater
management. All subdivisions are required to handle their own stormwater management. He
also said flat fee is easier to administer, but staff feels the sliding scale is fairer to all residents,
especially in the older section of Ocoee with very small homes.
Mayor Vandergrift opened the Public Hearing.
Bob Fulton, 671 Crooked Creek Drive, said he has not seen a lot of streetsweepers in his
neighborhood. He said his association pays annually to have the retention pond and drains
cleaned and asked if the City will now be cleaning them. Public Works Director Zaitooni
advised they will be cleaning the external drains as they have always done, the internal system is
still the responsibility of the association. The new street sweeper was just purchased, and we
may be adding another one later this year.
Mayor Vandergrift closed the Public Hearing.
Page 5 of 10
City Commission Regular
March 7, 2006
Commissioner Anderson asked if the streetsweeper schedule can be placed on OGTV. City
Manager Frank said we can do that, however, there can be changes in the schedule due to
weather or equipment failure that may not make it accurate.
Commissioner Hood. seconded by Commissioner Parker. moved to adopt
Resolution 2006-004 approvina an increase in stormwater utility fees. Motion
carried 4-1. with Commissioner Anderson opposed.
The resolution as adopted carries the following title:
RESOLUTION NO. 2006-004
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, INCREASING STORMWATER
UTILITY FEES AND CHARGES; PROVIDING FOR A SLIDING SCALE SCHEDULE OF
STORMWATER UTILITY FEES AND CHARGES FOR RESIDENTIAL PROPERTY;
PROVIDING FOR FLAT-RATE STORMWATER UTILITY FEES AND CHARGES FOR
CONDOMINIUM, NON-RESIDENTIAL, AND VACANT PROPERTY; PROVIDING FOR
ANNUAL INCREASES TO STORMWATER UTILITY FEES AND CHARGES;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
SHOAL CREEK..ROADWAY..ABANDONMENT (added..to..agellda.by..(Uolllrnissioller..A.llderson)
Commissioner Anderson distributed maps of an area of Shoal Creek Subdivision, and said that
there is an awkward road easement on California Avenue between Geneva Street and Crooked
Creek Drive, and asked the City Attorney what we would need to do to vacate the road easement.
City Attorney Rosenthal said that a petition to vacate would have to be initiated by the property
owners or the City and a Public Hearing would be held, and notice given to the Utility
Companies.
Commissioner Anderson. seconded by Commissioner Parker moved to approve a
City-initiated petition to vacate an identified portion of the roadway in Shoal
Creek subdivision on California Avenue between Geneva Street and Crooked
Creek Drive. No vote was taken. due to subseauent rescission.
Bob Fulton, 671 Crooked Creek Drive, said what they would like to see happen is to have a
small cul-de-sac placed there.
City Attorney Rosenthal said in that case they would not want to vacate, because the parcel
would be split up, and there would be no ability for the City to improve it. The City can improve
an unimproved right-of-way without requiring a Public Hearing.
Commissioner Hood and Commissioner Johnson stated they would like to have staff review
the road to see what can be done.
Commissioner Anderson rescinded his motion. Commissioner Parker rescinded
her second.
The Consensus of the Commission. without obiection. was to have the
appropriate staff review that portion of the roadway and work with the Shoal
Creek Homeowner's Association.
Page 6 of 10
City Commission Regular
March 7, 2006
I G. REGULAR AGENDA
.tlIeNarricfroIllWestridge1'o
ge. (SeItior annel'Fabl'e<a eyeloplllcllfDil'cdorWagner)
The Meadow Ridge subdivision is located at the southeast quadrant of the intersection of Maguire Road and Moore
Road. The Final Subdivision Plan proposes 152 single-family residential lots on approximately 49.7 acres. The
approved PUD requires a minimum lot size of 60 feet by 105 feet with 20-foot front setback lines. The net
residential density is 3.1 units per acre. There is an approximately 14.1 acre conservation (wetland) area with a 1.1
acre surrounding buffer area. The total site area for the subject subdivision is approximately 66 acres including
roadways, conservation and buffer areas.
Name Change - The Westridge PUD is located at the southeast quadrant of the intersection of Maguire Road and
Moore Road. The PUD consists of a residential (152 single-family lots) portion, wetlands (14.1 acres), and a
commercial (8.8 acres) portion. The City Commission, on August 17,2004, reviewed and approved the Preliminary
Subdivision Plan for Westridge PUD with certain conditions. Thereafter, the property owner has requested a name
change from Westridge to Meadow Ridge in accordance with Ordinance 2001-18.
a. NahleChanQe
Commissioner Anderson, seconded by Commissioner Parker moved to approve a
the name change of Westridge subdivision to Meadow Ridge. Motion carried 4-0
with Mayor Vandergrift away from the dais.
b. Final Subdivision Plan
c. Third Amendment to the Second Developer AQreement
Senior Planner Fabre gave a presentation regarding the Final Subdivision Plan and
Development Agreement.
Community Development Director Wagner advised that the developer has been very
cooperative and agreed to the following:
. To pave ih Avenue on the city's behalf
· Contribute an additional $100,000 over the $160,000 already given towards the building of
that road.
. Give the City 5 feet of right-of-way along Moore Road, which will help us negotiate with
FPL to get poles moved and all lines placed on one set of poles.
. Raise the burm along Thornbrooke and bring it up to the same grade as the road to assist with
drainage issues.
. Install extra landscaping
. Install a brick wall
. Create a second access along ih Avenue
Community Development Director Wagner said minor amendments were discussed earlier
tonight with the developer regarding the Third Amendment to the Second Developer Agreement
that consisted of 1) In addition to the 5' easement already given, they will give 10' of overhead
utility easement to help the City negotiate with FPL on the power lines, and 2) they will include
a one-year maintenance bond on the road.
Commissioner Johnson, seconded by Commissioner Parker, moved to approve
the Final Subdivision Plan for Meadow Ridge, subiect to the additional condition
that the areas adiacent to the proposed sidewalk along Maguire Road are sodded
with Saint Augustine Grass, irrigated and ultimately maintained by the Home
Page 7 of 10
City Commission Regular
March 7, 2006
Owner Association: and further subject to execution of the attached Draft Third
Amendment to Second Developer Aareement, with minor amendments of the 10-
foot overhead utilitv easement and the one-vear maintenance bond on the road.
upon final review and approval by City staff and authorizina the Mayor and City
Clerk to execute said document on behalf of the City. Motion carried 5-0
Chuck Willow, property owner, added that it was a great experience and joint effort working
with our staff.
13.
The Wesmere Property site is located on the east side of Maguire Road, north of Cross Creek subdivision and south
of the Florida Turnpike. The subject property comprises multiple tracts totaling 100.23 acres. The property is zoned
Multiple-Family Dwelling (R-3) and General Commercial (C-3) and is designated as High Density Residential and
Commercial on the Future Land Use Map (FLUM). Lot 3 of the Wesmere Property Final Subdivision Plan is
proposed to be fee-simple townhomes and will be considered separately by the City Commission.
Community Development Director Wagner presented the history of the case as it appeared
before the Development Review Committee and Planning and Zoning Board.
Mayor Vandergrift asked if there would be fountains in the ponds at the main entrance.
Community Development Director Wagner said there is nothing in the plan involving ponds.
Commissioner Johnson. seconded by Commissioner Hood. moved to approve
the Final Subdivision Plan for Wesmere. per staff recommendations. Motion
carried 5-0.
fWes
gner
The Villages ofWesmere is located on Lot 3 of the Wesmere Property Subdivision. More specifically, it is located
on the east side of Maguire Road, north of Cross Creek Subdivision and south of the Tomyn Boulevard extension.
The subject property will comprise 369 fee-simple townhome lots on 49.48 acres. The property is zoned Multiple-
Family Dwelling (R-3) and is designated as High Density Residential on the Future Land Use Map (FLUM).
Community Development Director Wagner advised this section of the subdivision will have
369 town homes; at 7.46 dwelling units per acre it is about one-half of the number they could
develop there. He said that the landscaping and distance will make them barely noticeable from
the single-family homes.
Mayor Vandergrift asked what this development would be paying to the School Board in
Education Impact Fees. City Manager Frank estimated 369 units @ $5,600 = $2,066,000.
Mayor Vandergrift asked if the building of the school could be fast-tracked so it would be
ready when residents move. Ben Schmidt, Developer for Wesmere, advised he would try to
negotiate with the School Board.
Community Development Director Wagner said that during the Preliminary Subdivision Plan,
issues were brought up regarding the need for a traffic signal at the intersection with Wesmere,
which is the main entrance off Maguire Road into the townhome division. The developer paid
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City Commission Regular
March 7, 2006
for the City's traffic consultant to do a Traffic Signal Warrant Analysis, which found that a
signal is not needed today, but would be in the very near future. The analysis also showed there
was an 80120 split between traffic from Wesmere, and the traffic from the Villages ofWesmere
Townhomes. The DRC and the Planning and Zoning Commission both recommended a traffic
signal. The developer subsequently agreed to pay cash for the 20% ($20,000-$30,000) of his
direct impact, and pay the other 80% out of his road impact fees, for the installation of this
signal. The City will work with the developer on the design of the signal. This will generate
about $1.4 million in impact fees, and the signal will cost $150,000.
Bob Jensen, President of Wesmere Homeowner's Association, would like the Commission to
consider the traffic problems if the South entrance were opened before the signal was installed.
They have had many accidents already, and it will get worse.
Ben Schmidt, Developer, advised they can limit traffic at that entrance as much as practical,
however at some points during the internal construction they will need to use that intersection.
Community Development Director Wagner advised that his staff and the developer
understand the traffic signal is a priority.
Commissioner Hood, seconded bv Commissioner Johnson, moved to approve a
the Final Subdivision Plan for Wesmere, per staff recommendations. Motion
carried 5-0.
15.ApP9intmenftOtheP of
Trllstees.(Ci
Trustees for the Pension Boards serve two-year terms. Two of the trustees are appointed by the City Commission,
two are elected from the employee body, and the fifth trustee is chosen by those four trustees and presented to the
City Commission for certification of the appointment as a ministerial act. Pension Attorney Lee Dehner has advised
that Florida Statutes do not prohibit current City employees from serving as a City Commission appointed Trustee.
Due to the resignation of Trustee Strosnider, who is moving out-of- state, there is currently one opening on the
Police Officers' and Firefighters' Retirement Trust Fund Board of Trustees. Two applications were recently
submitted for the Police Officers' and Firefighters' Retirement Trust Fund Board of Trustees; therefore staff
recommends the City Commission consider appointing Charles Brown or Mark Scalzo as Trustee for the Police
Officers' and Firefighters' Retirement Trust Fund Board with a term ending September 1,2008.
Commissioner Johnson, seconded bv Commissioner Hood, moved to appoint
Charlie Brown to the Police Fire Retirement Plan, Board of Trustees Motion
carried 5-0.
I H. STAFF REPORTS
Community Development Director Wagner advised that they had received many favorable
bids on the Coke Property today at the RFP opening. The top offer is 12.5 million dollars for 75
acres. The top five bidders were Centex Homes, Ryland Homes, KB Homes, Cambridge Homes,
and Tallman Development Co. The first three bids were over 12 million dollars. Community
Development Director Wagner added that all bids included very impressive upscale homes.
The City will get full impact fees on everything, and whatever tax base comes from there.
Page 9 of 10
City Commission Regular
March 7, 2006
I I. COMMENTS FROM COMMISSIONERS
Commissioner Hood - none
Commissioner Anderson- 1) asked Public Works Director Zaitooni ifthey will make sure the
damage to Orange Avenue is taken care of when they are done with Center Street Pond, and 2)
said he would like to see the ordinance from Eustis, and possibly Lake County, where they are
increasing the green space to 25%. City Manager Frank said we will get the Ordinance.
Commissioner Johnson- said he was talking with the Principal and Athletic Director at Ocoee
High School and he would like the City to consider giving the grant money for two outstanding
issues they are working on 1) they want to build a 10' X 10' wall for LaCrosse, and 2) they need
some equipment and improvements to their baseball field. They estimated the wall will cost
approximately $3000, and Commissioner Johnson said he will try to get figures for the
improvements to the baseball field. Consensus of the Commission, without obiection,
was to have staff contact the school and work with them on these two issues, and
2) said we should look into the City of St. Cloud's wireless system, to which City Manger
Frank advised the cost is $400,000 per year. Commissioner Hood added that had spoken with
City Manger Frank about the police department going to paperless reports.
Mayor Vandergrift turned the Gavel over to Commissioner Parker.
Commissioner Parker adjourned the meeting and said her final goodbye.
I ADJOURNMENT
The meeting was adjourned at 9:55 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
Page 10 of 10
MINUTES
OCOEE CITY COMMISSION
March 21, 2006 at 7:15 P.M.
SWEARING IN CEREMONY
6:30 P.M. -City Clerk Eikenberry administered the Oath of Office to newly elected
Commissioners: Commissioner Hood, District 1; and Commissioner Keller,
District 4.
7:15 P.M. - REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of
City Hall. Commissioner Anderson gave the Invocation and Commissioner Keller led the Pledge
of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present.
Roll Call:
Mayor Vandergrift, Commissioner Anderson, Commissioner Hood, Commissioner
Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation of Count Me In! Resolution (Mayor Vandergrift)- Martha Lopez-Anderson,
resident and Nancy Peat, Executive Director of the Foundation for Orange County Public
Schools spoke on behalf of the Foundation and what they are working toward accomplishing
with the Count Me In! initiative.
Mayor Vandergrift seconded by Commissioner Hood moved to adopt Resolution
No. 2006-005, supporting the Count Me In! initiative. Motion carried 5-0.
Presentation - 2005 Audit Report - Elden McDirmit, C.P.A. (Finance Director Horton)-
Elden McDirmit gave an overview of the City's assets, liabilities, and equity; reviewed the
management comments for General Ledger and Investments; and advised that the City received a
Certificate of Achievement for Excellence in Financial Reporting again this year, as it has in the
past several years.
Mayor Vandergrift said 1) he would like the Organizational Chart on Page ix of the CAFR, be
amended to include "Reuse Water" under the utilities department, 2) directed Finance Director
Horton to bring back an action on policy changes resulting from the auditor's management
comments.
Mayor Vandergrift seconded by Commissioner Anderson moved to accept the
2005 Audit Report. Motion carried 5-0.
Presentation - PowerPoint on Modifications to Chapter 143 Regarding Solid Waste
Services. (Public Works Director Zaitooni)
Public Works Director Zaitooni reviewed the residential services and holidays, optional
services, yard waste services, residential bulk service, recycling service, and residential c& d.
City Commission Regular Meeting
March 21, 2006
Mayor Vandergrift and Commissioner Anderson said they would like Monday pickups to be
done on holidays except on those days the transfer stations are closed. Mr. Zaitooni also said
they recommend Chapter 143 be amended to require a doctor's note to allow for physically
challenged persons to have at-the-door service. Mr. Zaitooni said the next steps would be to
modify Chapter 143 to reflect the changes, set rates for optional services, and establish
commercial service. Discussion followed regarding the change-over from monthly billing to
annual billing on the tax roll, allowing residents to have additional containers for an additional
fee, revising the schedule for bulk service and bring it back to the Commission, and bulk service
pickup starting in-house when the Onyx contract is resolved, probably in Mayor June.
Commissioner Anderson announced Spring Clean-up dates and instructions for 2006:
Monday/Thursday garbage service customers will be on Saturday, April 8, 2006
Tuesday/Friday garbage service customers will be on Saturday, April 15, 2006
Mayor Vandergrift added that in the future when service is back in-house, bulk pick up would
occur monthly, instead of only twice per year.
Consensus of the Commission was to proceed with recommended chanaes to
Chapter 143, and do a rate comparison for other aarbaae services to be brouaht
back before the Commission at a later date.
I C. COMMENTS FROM CITIZENS/PUBLIC
Martha Lopez Anderson, 1) reminded everyone about the Safety Spring Fling on March 25,
2006, and said they have received 1053 entries for their poster contest. Mayor Vandergrift said
that we should display some of the posters in City Hall, 2) said with regard to the garbage service
fees being placed on the tax roll, there has been some confusion as to how the additional non-
advalorem taxes would be escrowed and added to mortgage payments, and the City should have
made a better effort to inform the residents. Mayor Vandergrift added that escrow shortages
could be paid in a lump sum instead of adding it to the mortgage payment over time. Public
Works Director Zaitooni added that a flyer will be in the resident's water bill to explain the
garbage and sewer changes, and some of the services were explained in the News To You
newsletter.
Max Jacobs, 2247 Mountain Spruce, 1) asked why the higher fee is being charged before they
are receiving the new in-house services, and 2) said placing the fees on the tax roll presents a
hardship for residents, and residents should be better informed to avoid misunderstandings.
Public Works Director Zaitooni and City Manager Frank explained that the process of
purchasing vehicles and hiring personnel has already begun, and the fee increase was analyzed to
begin early based on getting the capital needed to achieve that start-up without borrowing
money.
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Mayor Vandergrift asked City Manager Frank to announce the results of the County
Commission Meeting; City Manager Frank advised after a presentation and discussion from
the City to the Board of Orange County Commissioners, the Board unanimously voted to
approve the CRA Resolution and Interlocal Agreement. Mayor Vandergrift said the City
Manager made a great presentation to the Board. The next step will be to get the redevelopment
plan approved and to establish the trust fund and trustees to the CRA board.
Page 2 of7
City Commission Regular Meeting
March 21, 2006
Commissioner Keller advised the Ocoee High School Band would be playing at Arabian Nights
on April 29, 2006, for the early show. If you mention their name, you will receive five dollars
off admission.
Commissioner Johnson - said that Paul Foster, former Commissioner and educator, recently
passed away, and he offered condolences to his family.
Commissioner Anderson- said the Ocoee Boy Scouts and Cub Scouts are holding a Regional
Pinewood Derby at the Beech Center on March 25, 2006, at 10:00 a.m. Packs from all around
Central Florida will be here to race cars.
Commissioner Hood-I) said the Varsity Baseball Team is playing in the Orlando Baseball
Classic at Tinker Field every night this week. There are 16 teams in the tournament from around
the country. 2) asked Public Works Director Zaitooni about the progress on the Lady Avenue
road construction; Mr. Zaitooni said based on discussions with residents at the recent meeting, a
workable alternative will be brought back before the Commission in April, 3) encouraged
residents to attend the Safety Spring Fling, March 25,2006.
I E. CONSENT AGENDA
1. Approval and Acceptance of the Amended Mi
City Commission Minutes of February 21, 20
Approval
Relations ger.Wright)
Monies to purchase a new television broadcasting system for OGTV Channel 21 have been approved by the
City Commission for this budget cycle. However, a budget transfer is needed to cover the cost of the new
system. The 360 System will be digitized allowing television shows to be programmed via a lap top computer
thereby eliminating the need for VHS tapes. The amount budgeted for the new system is $9,800.00. The cost
for the 360 System is $10,155.00. Funding for the system is available in the current Community Relations
budget for FY 2005/06.
3. Approval of Traffic EllforcelDenf;\greemenffo ()od Heights. (police.Chief
GQclon)
A traffic enforcement agreement is required by Florida State Statutes 316.006(2) for the Ocoee Police
Department to have authority to enforce traffic laws upon the private roads within the limits of the gated
subdivisions. Crestwood Heights Townhomes Owners' Association, Inc. is requesting such an agreement.
4. QlIarterly..Financial..Rep()rt.:'..First..Qllal'ter.'F'V'..2006. ..(Finance..J)irector. Horton)
The Quarterly Financial report for the first quarter of fiscal year 2005 summarizes the city's financial activity
for the period 10/01/05 through 12/31/05. Revenues are being collected as anticipated for all funds.
Expenditures are being closely monitored and are within expected ranges.
5. Approval opoSalfol'Blufor Professional
Engineerin sultants (PEC). lrec tOOIl
Professional Engineering Consultants were awarded RFQ# 0601 at the City Commission Meeting on December
20, 2005, for engineering design services for the Bluford Avenue Phase 1. PEC has submitted a cost proposal
for the project in the amount of $231,627.00 for final design and permitting of the project. The project scope is
located along Bluford Avenue, from Magnolia Street to Lakeview Avenue (approximately 1,800 linear feet).
The proposed project includes improvements to widen roadways, improve intersections, stormwater systems,
utility systems, landscaping, hardscaping, irrigation, as well as all utility coordination. The project includes the
design of pedestrian friendly features and will be consistent with the design features and characteristics of the
recently completed McKey Street Project.
Page 3 of7
City Commission Regular Meeting
March 21, 2006
lonial
Urive). u
City's current fiscal year budget contains $360,000 for rehabilitation and resurfacing of Clarke Road, from
White Road to SR 50. Project entails milling and replacing the damaged structural and surface courses. Staff
recommends piggyback of City of Orlando's Contract B105-2015 with the Orlando Paving Company, for this
work. The estimated cost of this work is $385,084.70, which exceeds the budgeted $360,000 amount.
Therefore, staff recommends deferring a sidewalk project on Lyman Street, from N. Lakewood Avenue to
Rewis Street at to fund the shortfall.
r
The existing contract between the Florida Department of Transportation and City of Ocoee for the routine
maintenance of the State rights-of-way will expire on April 30, 2006. FDOT is requesting renewal of this
contract at $33,475.00. This amount represents a 3% increase from previous contract period. Staff respectfully
requests the Honorable Mayor and City Commission approve renewal of the Memorandum of Agreement
(Contract # ANY67, State Job # 244298-1-72-06) between FDOT and City ofOcoee at $33,475.00.
8. Approval fo of CDSStorDlwatel'PollufiollReDloval
Works Dir
The City's current fiscal year budget contains $200,000 for the design and construction of a pollutant removal
structure. The project is funded by the Florida Fish & Game Commission on a reimbursable basis. The
objective of the project is to remove pollutants from the drainage outfall pipe before it reaches Starke Lake.
Funding deadline is June 2006 and to ensure reimbursement, it is in the best interest of the City to expedite the
purchase and delivery of the structure from CDS Technologies for $43,350.
Commissioner Anderson asked about Item 4, the Quarterly Report, why page 11 shows the
General Government Services line item is already at 46% expended. Finance Director Horton
advised there are some one-time expenditures for the full year instead of being split over twelve
months. Commissioner Anderson asked about Item 6, delaying the sidewalk project on Lyman
Street, and confirmed with Public Works Director Zaitooni that it will be done next year.
Commissioner Anderson, commented on Item 8, thanking the staff for getting the grant money
from Florida Fish and Game Commission.
Consent Aaenda Vote:
Commissioner Hood seconded bv Commissioner Anderson moved to approve
the Consent Aaenda, Items 1 throuah 8, as presented. Motion carried 5-0.
I F. PUBLIC HEARINGS
None
I G. REGULAR AGENDA
9 . ApprovaFofSteak 'n. Shake .WaiverR.eqtlests.
Wagner)
The Steak 'n Shake property is located on the south side of SR 50, west of the Chick-fil-A restaurant. More
specifically, the subject property comprises Tract D of the Walmart subdivision and the C-3 zoned property
located west of Tract D. The property is currently vacant and contains a mix of mature trees and vegetation.
The Steak 'n Shake small-scale site plan proposes a 4,000 square foot fast-food restaurant with 52 parking
spaces. The subject property comprises of 0.97 acres and is zoned Community Commercial, C-2 and General
Commercial, C-3 and is designated as Commercial on the Future Land Use Map (FLUM). The applicant is
Page 4 of7
City Commission Regular Meeting
March 21, 2006
requesting a reduction in the side (west) landscape buffer and the rear (south) landscape buffer to allow for
adequate vehicular travel lanes and parking. Further, they are requesting to allow the dumpster enclosure to
encroach into the southern landscape buffer. Because the restaurant includes a drive-thru facility, a reduction in
the building perimeter landscape buffer is being requested at the drive-thru window. Further, the subject
property's lot size is less than the required I-acre (0.97 acres), therefore a waiver request is being proposed by
the applicant. Finally, stormwater for the Steak 'n Shake site is being discharged into the Ocoee Commerce
Center master retention pond. To allow for this, the applicant is requesting a waiver because the stormwater is
not being retained on-site.
Community Development Director Wagner reviewed the waivers as requested by Steak 'n
Shake. He said that the waivers are all reasonable requests due to the uniqueness of the location
of this property, which adjoins to a conservation area, a retention pond, and the Wal-Mart
shopping center. He said the project is part of an integrated Master Plan Development, and it is
compatible with surrounding development. Staff recommends approval of the following six
waivers, and representatives of Steak 'n Shake are here to answer questions, if needed:
1) Reduction of the side (west) buffer from 10' to 2.71'.
2) Reduction of the rear (south) buffer from 10' to 0'.
3) Allow encroachment of the dumpster enclosure into the rear (south) buffer.
4) Reduction of the building perimeter buffer width from 10' to 0' at the drive-thru window and
0.58' adjacent to the front sidewalk and the bench and trash receptacle.
5) Reduction of the minimum lot size from 1 acre to 0.97 acres.
6) Request City approval to discharge all pos-development runoff, including the first inch into
Pond 200 of the Ocoee Commerce Center upon receipt of SJRWMD approval for same and
executed agreement with the Ocoee Commerce Center.
Mayor Pro Tem Anderson asked about the widening of SR50, and if there are any provisions
for increasing the landscape buffer once the original landscape buffer is reduced. Community
Development Director Wagner said they have worked out some of the issues with FDOT and
the 25' landscape buffer will remain after FDOT lays down some drainage pipe and sods over
the 10' area of the buffer closest to the road.
Commissioner Johnson. seconded by Commissioner Keller. moved to approve
the six waiver requests as recommended by staff. Motion carried 4-0. with Mayor
VanderQrift away from the dais.
1O.n' of Contra Bulky Waste With
o ste Se orksDirect I
Onyx Waste Services has formally requested termination and early release from their current contract for Yard
Waste & Bulky Waste. This contract is set to expire on August 30, 2006, and pursuant to City Commission's
approval, the services will be brought back in-house. The current schedule for delivery of yard waste trucks is
tentatively set for April 2006. In addition, the type and quantities of the services will be revised as soon as
Chapter 143 is modified in the near future. Therefore, staff has no objection to an early release of Onyx from
their contract with the City subject to a timely and orderly transition to an in-house operation. Staff
recommends City Commission approve termination and early release of Onyx Waste Services subject to a
timely and orderly transition to an in-house operation and direct the City Attorney to devise an agreement for
the termination action.
Public Works Director Zaitooni said that Onyx requested to be released from the contract
early, and staff feels that we can accommodate them and provide a better service in-house. The
issue is how to negotiate the contract, which would include a transition period and the purchase
Page 5 of7
City Commission Regular Meeting
March 21, 2006
of some of their assets. He would like direction from the Commission to move forward with
negotiations for early termination of the contract, which normally expires in August 30, 2006.
He advised he would like to include the purchasing of their field assets (such as their bins) and
commercial customers, which is for 370+ businesses.
Commissioner Hood, seconded bv Commissioner Johnson, moved to aoorove
the termination and earlv release of Onyx Waste Services subiect to a timelv and
orderlv transition to an in-house ooeration and directed the City Attornev to
devise an aareement for the termination action. Motion carried 4-0, with Mavor
Vanderarift away from the dais.
The agreement will be brought back for approval at a later date.
11. Discussiol11tegal'dlngallltarl W' 'cipal
Genel'alElIlployees'Retil'e ul11anRcella)
Amendment to the General Employees' Pension Ordinance to allow an Early Retirement Option window for
employees with more than 30 years of service. These employees will be entitled to a normal retirement amount
based on their years of service at the present 2.5% multiplier. These employees would not be subject to the age
penalty provision for retiring before age 60. Foster & Foster, the General Employees' Pension Actuary has
stated it will cost $37,291 to fund this early retirement option window. The anticipated savings from replacing
the employees, by hiring replacements at the minimum of their respective pay grades is $59,782. Therefore, the
savings to the City after payment ($37,291) is made for the cost of the early retirement option window will be
$22,491.
Human Resources Director Carnicella said the pension board has been looking at increasing
some of the benefits, such as a 30 and out provision for all employees and/or an increased
multiplier from 2.5% to 3%. After an actuarial study, it was found that those recommendations
would be costly, particularly the 30 and out provision. After some discussion, the actuary was
asked to do a cost analysis if the 30 and out option for those four current employees who have
more than 30 years of service. The study showed that the City would realize a savings of
$22,000, after paying the cost of the 30 and out provision, if they hired replacement employees at
the minimum of their pay range. He wanted to get direction from the Commission to proceed,
before bearing the cost of the legal issues need to be worked out by Pension Attorney Dehner
and the Actuary, who will provide other impact statements required for the state auditors.
Commissioner Anderson asked if this would be reviewed again for other employees who
reached 30 years. Human Resources Director Carnicella suggested this type of study be done
every 5 or 6 years and so if the numbers work out. Commissioner Hood asked if we can
promote people from within for these four positions, and City Manager Frank said we will
certainly look at qualified applicants from within.
Commissioner Johnson seconded bv Commissioner Keller moved to direct staff
to move forward with an ordinance aoorovina a one-time earlv retirement ootion
for current emolovees with 30+ years of service. Motion carried 4-0, with Mavor
Vanderarift away from the dais.
Page 6 of7
City Commission Regular Meeting
March 21, 2006
I H. STAFF REPORTS
1.2. Certificatioll..of.Ocoee..Gelleral..Electioll. ((j]ity...Clel'k..EikenbeJ'ry)
City Clerk Eikenberry displayed the results of the Ocoee General Election on March 14, 2006,
as certified by the Canvassing Board on March 15,2006. She said that residents should be aware
that there is a run-off election in District Two, which will be held on April 11 , 2006.
I I. COMMENTS FROM COMMISSIONERS
Commissioner Hood 1) asked about the COLA and Merit pay for police administration. City
Manager Frank said the non-union members received COLAs and will receive merit increases
on their anniversary dates, 2) asked about the basketball lights at Vignetti Park. Parks and
Recreation Department Director Petrone said we have quotes now, and should be getting
them in the next couple of weeks, 3) asked if we could get the light shields for Sorenson Park to
direct the lighting into the field, similar to the soccer field, Consensus of the Commission
was for Parks and Recreation Department Director Petrone to look into that and
report back. 3) asked about Code Enforcement's progress on the Wurst Road convenience
store with the broken signs. Community Development Director Wagner said they were
working on getting new signs and he will look into why it is taking so long.
Commissioner Anderson 1) reminded everyone of the Safety Sprin~ Fling event on March 25,
2006, 2) reminded residents about the Spring Clean up on April 8t and 15th, and 3) said the
Ocoee Boy Scouts and Cub Scouts are holding a Regional Pinewood Derby at the Beech Center
on March 25, 2006, at 10:00 a.m. Packs from all around Central Florida will be here for the
event.
Commissioner Johnson asked how the purchase of 35 acres is progressing, and City Manger
Frank advised that Asst. City Manager Croteau is handling it and it is progressing well.
Commissioner Keller - reminded residents to get out and vote in the Run-off on April 11, 2006.
Mayor Vandergrift- 1) asked Parks and Recreation Director Petrone to look into the Tree
City USA designation for Ocoee, and 2) said Ocoee High School is working on a time capsule;
they are purchasing a sealed vault, about the size of a coffin, and they need assistance with items
to be placed in the capsule which will be opened in fifty years. The entire project will cost about
$600, and he asked the Commission if they would be interested in helping them financially with
this effort.
Commissioner Johnson. seconded bv Commissioner Hood. moved to donate
$600 to Ocoee Hiah School for the time capsule proiect. Motion carried 5-0.
I ADJOURNMENT
The meeting was adjourned at 9:05 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
Page 7 of7