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HomeMy WebLinkAbout04-06-99 MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD APRIL 6, 1999 tr CALL TO ORDER Mayor Pro Tem Anderson called the regular meeting to order at 7:20 p.m. in the Commission Chambers. He led in prayer, and Frances Watts led the pledge of allegiance. Taylor Elliott sang "The Star Spangled Banner." The roll was called, and a quorum was declared present. PRESENT: Mayor Vandergrift (arrived at 8:00 p.m.), Commissioners Anderson, Howell, Johnson and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton, Planning Director Wagner, Capital Projects/ Transportation Planner Friel, Senior Planner Lewis, Public Works Director Smith, Director of Community Relations/Projects Shira, Building and Zoning Official Flippen, City Engineer/Utilities Director Shira and Assistant City Engineer/ Utilities Director/ Construction Administrator Wheeler. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS PRESENT A TIONS POLLUTION SOLUTION - CUB SCOUTS PACK 198, SPRING LAKE ELEMENTARY SCHOOL - ELIZABETH QUEEN, DEN LEADER Mrs. Elizabeth Queen introduced Wolf Den Pack 198, whose members told different ways land, air and water are polluted and how to prevent it. She advised the members are working toward their Natural Conservation Patch. WEST ORANGE NEIGHBORHOOD CENTER FOR FAMILIES REQUEST FOR SUPPORT FOR THEIR "STAY-IN-SCHOOL CELEBRATION" - ZERA RODGERS Ms. Rodgers was not present, and Commissioner Parker made the presentation for her. She recommended providing support in the amount of $500.00. Commissioner Parker, seconded by Commissioner Howell, moved to give $500.00 to the West Orange Neighborhood Center in support of their "Stay-in School" celebration. Motion carried 4-0. Mayor Vandergrift was not present. The following presentation was not on the agenda. Crystal Davis, an eighth grade student at Ocoee Middle School in the People to People student ambassador program, explained what the program is and asked for assistance for her to participate in the 21-day program in the summer of 1999. Commissioner Johnson, seconded by Commissioner Howell. moved to give $500.00 to Crystal Davis for the People to People student ambassador program. Motion carried 4-0. Mayor Vandergrift was not present. Ocoee City Commission Regular Meeting April 6, 1999 Commissioner Howell said he wanted to say in response to comments that the City gives away a lot of money that any time the education of a child could be furthered, it was worth every dime gIven. Discussion of the following item was postponed until the April 20, 1999, meeting. ADVANCED INSTITUTE FOR ELECTED OFFICIALS - CERTIFICATE OF COMPLETION FOR MAYOR VANDERGRIFT. PRESENTED BY MAYOR PRO TEM ANDERSON RECOGNITION OF PARTICIPANTS IN AMERICAN CANCER ASSOCIATION RELAY FOR LIFE - CODE ENFORCEMENT SUPERVISOR SIMON - Please see page 4 for this item, which was postponed until Mayor Vandergrift arrived. CONSENT AGENDA City Manager Shapiro said at the work session held Monday, April 5, a request was made to pull item B and discuss it separately. He also stated that the City Attorney advised that item D was to be pulled and not discussed at this meeting. Regarding item G, Commissioner Howell asked how long the bricks will be covered on Maine Street. City Engineer/Utilities Director Shira advised they will be covered until the extension of Maine Street is constructed, which depends on the development of the Colvin property, but the bricks will not be damaged by traffic. Commissioner Parker, seconded by Commissioner Johnson, moved to approve items A. C, E, F, G, H and I of the consent agenda. Motion carried 4-0. Mayor Vandergrift was not present. A. Approval and Acceptance of Minutes of City Commission Regular Meetine: of March 16. 1999. C. Approval and Authorization for Mayor and City Clerk to execute Traffic Enforcement A2reement with Wesmere Maintenance Association. Inc. . Wesmere Development is a private gated community with private streets. The only legal way the City can enforce traffic is through an agreement such as this. E. Approval and Authorization for Mayor and City Clerk to execute Right-of-Wav and Development Agreement with Dempsey Boyd. · This Agreement concerning Mr. Boyd's frontage on Tomyn Road is the result of negotiations which were authorized at the March 16, 1999 Commission Meeting. F. Approval and Authorization regarding Special Events for 1999. . Staff recommends focusing on Founders Day celebration this year and discussing two events for the Year 2000. G. Discussion of the Approval and Authorization for Maine Street Closures. . Staff now recommends covering Maine Street with dirt to deter theft of the bricks until the re-aligned Maine Street is in place. 2 Ocoee City Commission Regular Meeting April 6, 1999 H. Approval and Authorization for Sole Source Purchase of Sewer Televisine: Camera from Cues Corporation in a not-to-exceed amount of $10.465.00. . This camera/cable assembly for viewing storm sewer lines will be used with existing Cues Corporation equipment. I. Approval and Authorization for Mayor and City Clerk to execute Interlocal Agreement with the Orlando-Orange County Expresswav in the Amount of $175.801.50 for Construction of the Water Main under the Florida's Turnpike at Marshall Farms Road. . This authorizes OOCEA to proceed with the construction of the water main in conjunction with the construction of the SR429 interchange with the Florida's Turnpike. B. Approval and Authorization for Mayor and City Clerk to execute Second Amendment to Contract with Science Applications International Corporation for Continuing Transportation Plannine: and Traffic Engineerine: Services for City Proiects. . This amendment extends the term of the Contract for up to one additional one year period and approves a revised Rate Schedule. Commissioner Anderson expressed concern about having a sub-contractor sub-contract. Whit Blanton, SAIC, said they sub-contract for traffic count data. Regarding the fee increase, staff additions are at the higher end of the rate schedule, but the rate increase is three percent for the key staff. Every time SAIC works with City staff, they prepare a cost estimate for review with itemization of all direct charges, which staff reviews for approval with the option of making changes, if necessary. Commissioner Howell asked for an explanation regarding the ten percent cost for handling, and Mr. Blanton explained. Discussion followed. Commissioner Anderson, seconded by Commissioner HowelL moved that the second amendment to the contract with Science Applications International Corporation for continuing transportation planning and traffic engineering services for City proiects be approved. Motion carried 4-0. Mayor Vandergrift was not present. The following item was deleted from the agenda. D. Approval and Authorization for the Mayor and City Clerk to execute the Clarification Affidavit re Admiral Pointe Phase II (Lots 13 throue:h 19) and the Affidavit re Admiral Pointe Phase II (Lots 20 through 22) concerning the Construction Limits Line. . These affidavits eliminate the need for the replat provided for in the Replat Agreement dated March 2, 1999. 3 Ocoee City Commission Regular Meeting April 6, 1999 COMMENTS FROM CITIZENS/PUBLIC Mrs. Frances Watts, 43 Shell Key Court, asked if a new bus would be budgeted for the Recreation Department, and City Manager Shapiro said it would not be in the mid-year budget but would be in the next year's budget. Mrs. Watts thanked the City for having the bus and making it available for the Seniors to use. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell 1) Announced that the Glad Tidings Assembly of God Church on Adair Street had a picnic on March 20 that was free to the public. He thanked the pastor of the church. 2) The Christian Liberty Church is having fund raisers for people going to Haiti to build a feeding center and a school. The church sponsored a Share-a- Thon on the West Orange Trail on Saturday, April 3, and he expressed thanks to Charlie and Norma Meeks; Dan Petro, Amber Electric; Milt West; Nancy Parker, Scott Glass, Scott Anderson, Mayor Vandergrift; Debbie Hammonds; Leroy Belknap; V. ls Grocery; Photographics; and Mark Howell, All Purpose Drywall, adding that he hoped he had not missed anyone. Mrs. Watts announced the City employee picnic on April 1 0 and the senior citizen picnic behind the Community Center on April 15 at 12 noon. City Manager Shapiro reminded the public that starting April 20, 1999, the City Commission will start meeting at 6 p.m. in work session to discuss items on the agenda prior to the 7: 15 p.m. City Commission Meeting. Mayor Vandergrift arrived at 8:00 p.m. and asked Commissioner Anderson to continue chairing the meeting. The following presentation, scheduled for earlier in the meeting, had been delayed at Mayor Vandergrift's request so he could participate in the presentation. RECOGNITION OF PARTICIPANTS IN AMERICAN CANCER ASSOCIATION RELAY FOR LIFE - CODE ENFORCEMENT SUPERVISOR SIMON Mayor Vandergrift talked about the Relay for Life, which raised $93,000.00 for cancer. Code Enforcement Supervisor Simon thanked the corporate sponsors and team. She said that at the closing ceremony, Team Ocoee was announced the number one team, having raised $3,769.86. The trophy cup, which Mrs. Simon presented to the City, will be kept for a year. PUBLIC HEARINGS SECOND READING OF ORDINANCES. ORDINANCE NO. 99-13, COLVIN, REZONING, CASE NO. R-99-01-02. City Attorney Rosenthal read the title of Ordinance No. 99-13, Case No. R-99-01-02: An ordinance of the City of Ocoee, Florida, changing the zoning classification from C-l, Neighborhood Shopping District, to C-2, Community Commercial District, on certain real 4 Ocoee City Commission Regular Meeting April 6, 1999 property containing approximately 0.14 acre located on the northeast corner of Lafayette Street and South Bluford A venue pursuant to the application submitted by the property owner; finding such zoning to be consistent with the Ocoee Comprehensive Plan; providing for and authorizing the revision of the Official City Zoning Map; repealing inconsistent ordinances; providing for severability; providing for an effective date. Mayor Vandergrift advised that someone was in the Mayor's office to answer the phone, 656- 2322, extension 169, if anyone had questions. Senior Planner Lewis presented the staff report, saying that both staff and the Planning and Zoning Commission recommended that the City -Commission find Clayton Colvin application, case R-99-01-02, to be consistent with the Ocoee (1) Future Land Use map; (2) Land Development Code; (3) existing development patterns; (4) surrounding zoning districts and (5) stated goals, objectives and policies of the Ocoee Comprehensive Plan and that the City Commission adopt Ordinance No. 99-13 to rezone the subject property from C-2, Neighborhood Shopping District, to C-2, Community Commercial District. The public hearing was opened and, since no one wished to speak, was closed. Mavor Vandere:rift, seconded by Commissioner Johnson, moved to find the Clayton Colvin application, Case No. R-99-01-02, to be consistent with the Ocoee (1) Future Land Use map: (2) Land Development Code: (3) existing development patterns: (4) surrounding zoning districts and (5) stated goals, obiectives and policies of the Ocoee Comprehensive Plan and to adopt Ordinance 99-13 to rezone the subiect property from C-L Neighborhood Shopping District to C- 2, Community Commercial District. Motion carried 5-0. ORDINANCE NO. 99-14, DEVON COVE, ANNEXATION, CASE NO. AR-98-12-15, ANNEXATION AGREEMENT City Attorney Rosenthal read the title of Ordinance No. 99-14, Case No. AR-98-12-15: An ordinance of the City of Ocoee, Florida, annexing into the corporate limits of the City of Ocoee, Florida, certain real property containing approximately 5.0 acres located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court pursuant to the application submitted by the property owners; finding said annexation to be consistent with the Ocoee Comprehensive Plan, the Ocoee City Code, and the Joint Planning Area Agreement; providing for and authorizing the updating of official city maps; providing direction to the City Clerk; providing for severability; repealing inconsistent ordinances; providing for an effective date. City Attorney Rosenthal advised that this agenda item and the next two agenda items, V1.A.3 and V1.A.4 were all related to Devon Cove. There would be a single staff presentation covering all three items. All comments from the public hearings would be considered carried forward so that members of the public could speak on the annexation, small scale comprehensive plan amendment and rezoning during the first public hearing. 5 Ocoee City Commission Regular Meeting April 6, 1999 Capital Projects/Transportation Planner Friel presented the staff reports and then the following recommendations: (1) Adopt Ordinance No. 99-14 to annex the Devon Cove property, Case No. AR-98-12-15, subject to approval of the Annexation agreement, (2) Adopt Ordinance No. 99-15 to change the Future Land Use designation from Orange County, Rural Settlement to Ocoee, Low Density Residential, subject to approval of the annexation of the subject property and Annexation Agreement, upon finding the application of Midland Group, Inc. in Case No. SSCPA-99-001 to be consistent with the amended Joint Planning Area Agreement, the Ocoee Comprehensive Plan, the Ocoee Land Development Code and surrounding land uses, and (3) Adopt Ordinance No. 99-16 to rezone the Devon Cove property from Orange County R-IAAA, Residential Urban District, to Ocoee R-IA, Single Family Dwelling District, subject to approval of the annexation of the subject property, the Annexation Agreement and the Small Scale Comprehensive Plan Amendment. Mr. Friel explained that the City does not have sewer available in this area, and the project will develop on a septic tank system. Therefore, according to public health guidelines, development must be on quarter acre lots to make set back requirements, which is consistent with surrounding uses with current approval in Orange County under R-IAAA zoning. The public hearing was opened. Former Mayor Lester Dabbs, Jr., 619 Caborca Court, recalled that the City Commission took the position that all new developments would be on the sewer system and asked when the policy changed. City Manager Shapiro referred to the Hammocks on Orlando Avenue. The decision was made that if there were no sewers in the area but the soil was permeable and did not affect the health, welfare or safety of residents, there could be development. Discussion followed regarding septic tanks versus a sewer system. The public hearing was closed. Mavor Vandere:rift, seconded by Commissioner Johnson, moved to adopt Ordinance No. 99-14, Devon Cove Annexation, Case No. AR-98-12-15, subiect to approval of the Annexation Agreement. Motion carried 5-0. ANNEXATION AGREEMENT City Attorney Rosenthal advised that under the Annexation Agreement, a local roadway connection through the property is required for the benefit of lands adjacent to the western boundary. The staff recommended that the City Commission approve the Annexation Agreement with the Midland Group, Inc. and authorize the execution thereof by the Mayor and the City Clerk. 6 Ocoee City Commission Regular Meeting April 6, 1999 Commissioner Anderson, seconded by Commissioner Parker, moved to approve the Annexation Agreement between the City of Ocoee and the Midland Group, Inc. and authorize the execution thereof by the Mayor and the City Clerk. Motion carried 5-0. ORDINANCE NO. 99-15, DEVON COVE, SMALL SCALE COMPREHENSIVE PLAN AMENDMENT, CASE NO. SSCPA-99-001. City Attorney Rosenthal read the title of Ordinance No. 99-15, Case No. SSCP A-99-001: An ordinance of the City of Ocoee, Florida amending the Ocoee Comprehensive Plan as adopted on September 18, 1991, by Ordinance No. 91-28, as amended, as follows: Amending Figure 2 of Appendix A to change the future land use designation from Orange County, Rural Settlement ( < 2 dwelling units per acre) to Ocoee, Low Density Residential ( < 4 dwelling units per acre) on certain real property containing 5.0 acres (more or less) located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court pursuant to the application submitted by the property owner; providing for and authorizing the revision of the official future land use map; providing for severability; providing for an effective date. City Attorney Rosenthal stated the staff report had been given, and all comments from the prior public hearing would carry forward to this item. The public hearing was opened and, since no one wished to speak, was closed. Mayor Vander2:rift, seconded by Commissioner Johnson, moved (1) to find the application of Midland Group, Inc. in Case No. SSCPA-99-001 to be consistent with the amended Joint Planning Area Agreement, the Ocoee Comprehensive Plan, the Ocoee Land Development Code and surrounding land uses and (2) to adopt Ordinance No. 99-15, Case No. SSCPA-99-00L to change the Future Land Use designation from Orange County Rural Settlement to Ocoee Low Density Residential. subiect to approval of annexation of the subiect property and approval of the Annexation Agreement. Motion carried 5-0. ORDINANCE NO. 99-16, DEVON COVE, REZONING, CASE NO. AR-98-12-15. City Attorney Rosenthal read the title of Ordinance No. 99-16, Case No. AR-98-12-15: An ordinance of the City of Ocoee, Florida, changing the zoning classification from Orange County Residential Urban District, R-IAAA, to Ocoee Single Family Dwelling District, R-IA, on certain real property containing approximately 5.0 acres located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court pursuant to the application submitted by the property owners; finding such zoning to be consistent with the Ocoee Comprehensive Plan, the Ocoee City Code, and the Joint Planning Area Agreement; providing for and authorizing the revision of the official City Zoning Map; repealing inconsistent ordinances; providing for severability; providing for an effective date. City Attorney Rosenthal stated the staff report had been given, and all comments from the prior two public hearings would carry forward to this item. 7 Ocoee City Commission Regular Meeting April 6, 1999 The public hearing was opened and, since no one wished to speak, was closed. Commissioner Howell, seconded by Commissioner Johnson, moved to adopt Ordinance 99-16 to rezone the Devon Cove property from Orange County R-IAAA, Residential Urban District, to Ocoee R-IA, Single Family Dwelling District, subiect to approval of the annexation of the subiect property, Annexation Agreement and Small Scale Comprehensive Plan Amendment. Motion carried 5-0. Mayor Vandergrift apologized for being late and explained he was at the dedication of the Harold Douglas Cooper Performing Arts Auditorium at West Orange High School. He advised the school would probably be coming before the City Commission next meeting to request monetary support for replacing the seats in the auditorium. He encouraged the audience to attend the production of "Hello, Dolly" at West Orange High School, April 8-10. Recess from 8:45 to 8:55 p.m. Mayor Vandergrift asked that comments be succinct. City Attorney Rosenthal explained several agenda items related to the Olympia Development. Ordinance No. 99-17 and Ordinance No. 99-18 required public hearings, and Ordinance No. 99-19 required a separate public hearing. Public hearings on a Preliminary Subdivision Plan, a Public Building for a Public Library and a Public Building for a Public Elementary School would follow that public hearing. Following those would be action on the Annexation and Development Agreement, which would not require a public hearing. All items would be presented in a single staff report. Members of the public could comment on any of the items during the first public hearing regarding Ordinance 99-14. After the City Commission took action on Ordinance 99-14, all comments from the public hearings would carry forward. In order for the total project to be approved, all the items would have to be approved. The final item was a request for Exemption from Locational Requirement for Sale of Alcoholic Beverages by the Drink. ORDINANCE NO. 99-17, FIRST UNION/PEASE, ANNEXATION, CASE NO. AP-95-08-05. City Attorney Rosenthal read the title of Ordinance 99-17, Case No. AP-95-08-05: An ordinance of the City of Ocoee, Florida, annexing into the corporate limits of the City of Ocoee, Florida, certain real property containing approximately 37.8 acres located on the southeast corner of Silver Star Road and Clarke Road intersection pursuant to the application submitted by the property owners; finding said annexation to be consistent with the Ocoee Comprehensive Plan, the Ocoee City Code, and the Joint Planning Area Agreement; providing for and authorizing the updating of official city maps; providing direction to the City Clerk; providing for severability; repealing inconsistent ordinances; providing for an effective date. Mayor Vandergrift recognized Dorothy Field from the Orange County Library System. A representative from the Orange County Public Schools set up displays for the audience. 8 Ocoee City Commission Regular Meeting April 6, 1999 Planning Director Wagner presented the staff reports which recommended that the City Commission: 1) Adopt Ordinance No. 99-17 to annex the First Union/Pease property in Case No. AR-95-08-05, subject to approval of the Annexation and Development Agreement, 2) Upon finding the application of Olympia Development Group, Inc. in Case No. SSCP A-98-002 to be consistent with the Joint Planning Area Agreement, the Ocoee Comprehensive Plan, the Ocoee Land Development Code and surrounding land uses, adopt Ordinance No. 99-18 to change the Future Land Use from Low Density Residential to Commercial, subject to annexation of the property and approval of the Annexation and Development Agreement, 3) Adopt Ordinance No. 99-19 establishing the PUD Land Use Plan for the Olympia PUD, as date stamped received by the City on March 4, 1999, including the Activity Center standard exceptions and Special Exception waivers requested thereon, subject to: . Annexation of the subject property . Approval of the Annexation and Development Agreement . The Small Scale Comprehensive Plan Amendment for Commercial Land use becoming effective . Approval ofthe Preliminary Subdivision Plan for the Olympia PUD . Approval of a public library on Lot 7 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan . Approval of a public elementary school on Lot 8 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan . The main access road from Silver Star Road into the site being changed to a public road rather than a private road as currently shown on the plans, (4) Approve the Preliminary Subdivision Plan for the Olympia PUD, as date stamped received by the City on March 4, 1999, (5) Approve the public library on Lot 7 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan for the Olympia PUD, as date stamped received by the City on March 4, 1999, and (6) Approve a public elementary school on Lot 8 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan for the Olympia PUD, as date stamped received by the City on March 4, 1999. Special exceptions would not apply to child care, service stations and convenience stores with gas on selected lots since the developer voluntarily agreed to conform to the City's upgraded Activity Center standards. Mr. Wagner advised that at the Planning and Zoning Commission Meeting on March 9, 1999, the Silver Bend home owners had raised several issues with the most pressing concerns being a landscape buffer and wall, drainage and traffic. The School Board expressed a desire not to have a wall, indicating no other elementary schools have walls built around them, and the Planning and Zoning Commission voted not to have a wall as part of their recommendation, but they 9 Ocoee City Commission Regular Meeting April 6, 1999 recommended that the residents meet with the staff and library and school officials to go over any issues they had. The meeting was held April 1, 1999. A meeting was held with the Education Commission on April 5. A presentation was made, and issues were discussed. Mr. Brian Forbes, Lowndes Drosdick Doster Kantor & Reed, attorney for Olympia Development Group, advised that Mr. Wagner had clearly covered everything. He felt the developer had tried to meet all the needs brought by the City. Mr. Eddie Entreken, project manager for Olympia Development Group, concurred with Mr. Forbes. Mr. Eric Houston, program director for new school projects for Orange County Public Schools, said he was available for questions and asked for approval of the project. A representative from the library was also present to answer questions. The public hearing was opened. Mrs. Martha E. Lopez-Anderson, 2438 Alclobe Circle, representing the Silver Bend Homeowners' Association, read from a prepared statement, indicating that concerns of the Silver Bend home owners - buffers, drainage and traffic - had not been fully addressed. From the April 1 meeting with the concerned parties, the members of the board of directors of the Silver Bend Homeowners' Association grasped the following: . A set back consisting of 50 feet for buildings only meant the proposed soccer and baseball fields would be 25 feet from the back yards of many home owners. . The location of pedestrian walkways connecting the neighborhood to this development had not been established. . A professional and independent traffic study had not been performed to establish the impact of trips per day generated by this development to ensure roads and access points were appropriate and functional. . Cross access onto the commercial parcel on the west side of Silver Bend Boulevard was not clearly outlined. . Measures to address the drainage problem on the south side property also remained unclear with the placing of retention ponds not where they are needed but on the highest and driest points of the property. . There was the lack of a wetlands study. . Portables will be included at the school if it exceeds its capacity of 860 students, but no specific area has been designated to accommodate them. . The library system deems it necessary to be separated from the school by a fence. . Regarding buffers, the school representatives presented an extensive landscaping plan for which they had not obtained a cost estimate. Therefore, the possibility that the end product would be completely different was great. 10 Ocoee City Commission Regular Meeting April 6, 1999 . A chain link fence was presented because it is cost effective. School representatives said they would contribute the funds intended for the chain link fence toward a wall. Prior to this meeting, Jon Martin, Orange County Public Schools, stated a brick wall would increase the likelihood of crime and give lurkers the opportunity to hide behind a wall. Mrs. Lopez- Anderson felt this was disingenuous. It would mean that lurkers would have to be on home owner property waiting to climb the wall. She said Mr. Martin also stated no other elementary school in Orange County has an opaque wall. She presented a photograph of Palm Lake Elementary School to the contrary. She cited Article 4, Subsection 4-5, Item E. of the Land Development Code, which states that the Commission has the authority to approve, subject to conditions, or disapprove the preliminary subdivision plan. Article 4, Subsection 4-5, Item G states that the final subdivision plan shall conform substantially to the preliminary plans as approved. She encouraged them to approve subject to conditions as cited in the statement. Mrs. Lopez-Anderson stated that the Silver Bend home owners asked that the following conditions be part of the official record of this meeting and instituted in striving to protect quality of life and value: . Set backs: to consist of a minimum of 50 feet, whether it be a building, parking area or play field. . Buffers: to consist of a six- to eight-foot brick wall and landscaping, a minimal step to reduce noise and prevent trespassing. . Drainage: that retention areas from the school site be placed on the south side of the property where water is known to accumulate. . Wetlands: make the study available. . Pedestrian access: sidewalks connecting Silver Bend to this development be specifically defined, taking into consideration Silver Bend has commercial parcels on each side of the entrance. . Cross-access: that space is allowed to provide cross-access from the Olympia Development to the commercial parcel on the west side of Silver Bend Boulevard. . Traffic: a requirement to perform a professional, independent traffic study with the objective of ensuring that traffic patterns into and throughout this development are properly situated. Mr. Paul DeLauro, 1904 Cassingham Circle, asked for a standard six-foot brick wall, stating why. Former Mayor Lester Dabbs, Jr., 619 Caborca Court, said this was a win, win, win situation for the City, the developer, the library system, the school board and the Silver Bend home owners. Any prudent person purchasing a home would look at the surrounding area and decide whether commercial property was there and be aware there could be some commercial development. Elementary schools add to, rather than detract from, property values. He said in the Clarke Road corridor alone there are 3,000 houses and/or apartments. He urged the Mayor 11 Ocoee City Commission Regular Meeting April 6, 1999 and Commission to support the PUD. He said the engineer at the Education Commission meeting explained that the retention ponds are designed to hold a 100-year, 24-hour rainfall, which is 11.6 inches. With current law and engineering expertise and the requirement that each piece of property contain its own run-off, the drainage problems on the south end have been addressed. Former Commissioner Scott Glass, 203 Laurenburg Lane, spoke in favor of the Olympia PUD. He said he felt the school and library provided an excellent buffer between the commercial development and Silver Bend. He expressed disapproval of a brick wall around a school. Mrs. Nancy DeLauro, 1904 Cassingham Circle, asked what the hours would be for recreation on the field 25 feet from their back yards. Mayor Vandergrift said if noise became a problem, it could be addressed before the Commission at a later date. Mrs. Candy Eberly, 621 Coventry Lane, said she felt there was not a problem with a chain link fence around a school and that the children should come first because the school is needed. Mr. Jon Martin, Orange County Public Schools, said a see-through wall is safer. He said the Board cannot prevent someone from building an opaque screen. The fence at Palm Lake Elementary School was built by the neighborhood association. There is no benefit to the school children or to the taxpayers to have a wall, which would not provide the best security for the children. The Board operates under a cap for each school, and $50,000.00 for a beautiful wall would come out of the school budget. Exceeding the cap would result in a penalty. He said it was up to the neighbors working with the Board regarding a walkway. Regarding hours on the recreation field, the Board provides for joint use agreements and use by the community. He said they would be happy to enter into an agreement with the City and let the City administer the hours of the field. Mr. Eric Houston, Orange County Public Schools, said they would continue to work with the City and the Silver Bend Homeowners' Association to mitigate the issues as best as they could. The intent of both the School Board and the Library is to eliminate the fence between the two. Mrs. Dorothy Field, director of the Orange County Library System, said there was no desire to have a fence between the library and the school. Planning Director Wagner said a professional traffic analysis had been done, and a more detailed analysis will be done when the final plans are done. City Manager Shapiro said the City was partnering with the schools to find new school locations and to upgrade existing schools and was spending large sums of money. For example, the City had taken the responsibility for building an extra turn lane, installing an actuated signal for crossing guards, and widening roads at the Ocoee Middle School, as needed. Additionally, 12 Ocoee City Commission Regular Meeting April 6, 1999 staff has been finding property for new schools, including a new school at the south end of town and this site. Mrs. Kelly Oset, 6816 Woodgrain Court, called to ask if there would be a vandal watcher located on the school property. Mr. Martin said the school board was moving away from vandal watchers, which are mobile homes located on school property. He said the Board has gone to a Sonitrol or motion detector system. Mayor Vandergrift said Ocoee Middle School would be discussed at the next regular City Commission Meeting on April 20. He advised that groundbreaking would occur shortly thereafter. Mr. Shapiro said as far as he could recall, there is a berm on the site with about a three-foot distance before the cut ofthe construction is done. Ms. Lopez-Anderson asked why Jerry Feinstein was able to build Silver Bend without a wall. Mr. Shapiro said it was because his plan was approved in 1988, although he will have to add the wall when his commercial property is developed. City Attorney Rosenthal briefed everyone regarding regulatory authority of the school. The School Board, by state statute, is not subject to the Ocoee Land Development Code. The School Board is obligated to show the City its site plan and get feedback, but they have the right to ignore anything said by the City. It is debatable whether the City has the authority to require the School Board to put up a brick wall. Mr. Brian Forbes said the developer had voluntarily come under the State Road 50 Activity Center standards, which is well above what is expected. The public hearing was closed. Commissioner Howell said he agreed with Ms. Lopez-Anderson. Commissioner Parker asked for a compromise. Commissioner Johnson talked about responsibility and said the home owners must take responsibility regarding a wall. He said he thought a chain link fence with a berm and landscaping would be acceptable. Commissioner Anderson concurred with Mr. Glass. He did not want to jeopardize the whole project because of a fence. He asked about the issue of cross-access raised by Mrs. Lopez-Anderson. Planning Director Wagner said there is a note on the plans that calls for the provision of a cross-access, if needed, to those properties. A pedestrian walkway is shown along the eastern property line, but there are no agreements with the adjoining developer. Commissioner Anderson said he would like to see the developer agree to set aside a portion of money toward the fence. 13 Ocoee City Commission Regular Meeting April 6, 1999 Mr. Eddie Entreken, project manager for Olympia Development, said they were willing to work with the home owners, but their position was that they had been working with the school board to have the site and had made substantial sacrifices to allow the school. The school does not want a brick wall, and they want to go with their wishes. There is a significant grade difference between the houses and the property. Berming with landscaping, in conjunction with the fencing desired by the school board, would be appropriate. He said they would be willing to make some sort of contribution but were not in favor of it. Mayor Vandergrift said he dislikes fences and commented on the different types of fences. He said the retention pond in front should be landscaped and have a fountain or two in it. City Attorney Rosenthal stated the specific item before the City Commission is Ordinance No. 99-17 to annex the First Union/Pease property in Case No. AR-95-08-05, subject to the approval of the Annexation and Development Agreement and subject to the approval of Ordinance No. 99- 19, which is the PUD Land Use Plan. Commissioner Johnson seconded by Commissioner Anderson, moved to approve Ordinance No. 99-17, First Union/Pease Annexation, Case No. AR-95-08-05, subiect to the approval of the Annexation and Development Agreement and subiect to the approval of Ordinance No. 99-19. Motion carried 5-0. ORDINANCE NO. 99-18, OLYMPIA DEVELOPMENT, SMALL SCALE COMPREHENSIVE PLAN AMENDMENT, CASE NO. SSCPA- 98-002 City Attorney Rosenthal read the title of Ordinance 99-18, Case No. SSCPA-98-002: An ordinance of the City of Ocoee, Florida, amending the Ocoee Comprehensive Plan as adopted on September 18, 1991, by Ordinance No. 91-28, as amended, as follows: Amending Figure 2 of Appendix A to change the future land use designation from Low Density Residential to Commercial on certain real property containing 9.98 acres (more or less) located at the southeast corner of Silver Star Road and Clarke Road intersection pursuant to the application submitted by the property owners; providing for and authorizing the revision of the official Future Land Use Map; providing for severability; providing for an effective date. City Attorney Rosenthal advised that all comments from the previous public hearing would carryover to this public hearing. The public hearing was opened. Mr. Paul DeLauro, 1904 Cassingham Circle, asked when the joint planning meetings with the neighbors would be held, and Mayor Vandergrift told him Planning Director Wagner would have that information. The public hearing was closed. 14 Ocoee City Commission Regular Meeting April 6, 1999 Commissioner Anderson, seconded by Commissioner Johnson, moved to find the application of Olympia Development Group, Inc. in Case No. SSCP A-98-002 to be consistent with the Joint Planning Area Agreement, the Ocoee Comprehensive Plan, the Ocoee Land Development Code, and surrounding land uses, and to adopt Ordinance No. 99-18, to change the Future Land Use from Low Density Residential to Commercial. subiect to annexation of the property and approval of the Annexation and Development Agreement. Motion carried 5-0. ORDINANCE NO. 99-19, OLYMPIA DEVELOPMENT, REZONING TO PUD, CASE NO. LS-98-007. City Attorney Rosenthal read the title of Ordinance No. 99-19, Case No. LS-98-007: An ordinance of the City of Ocoee, Florida, changing the zoning classification from Orange County A-I, Citrus Rural District, to Ocoee PUD, Planned Unit Development District, on certain real property containing approximately 37.8 acres located on the southeast corner of Silver Star Road and Clarke road intersection, pursuant to the application submitted by the property owners; finding such zoning to be consistent with the Ocoee Comprehensive Plan, the Ocoee City Code, and the Joint Planning Area Agreement; providing for and authorizing the revision of the official City Zoning Map; repealing inconsistent ordinances; providing for severability; providing for an effective date. City Manager Shapiro asked whether Ordinance 99-19 included approval of the PUD plan as part of the action or whether there was going to be a separate motion on the Preliminary Subdivision Plan, the Public Building Use - Public Library, the Public Building Use - Public Elementary School and the Annexation and Development Agreement. City Attorney Rosenthal said Ordinance No. 99-19 approves the PUD Land Use Plan. If the City Commission were to impose a brick wall requirement, Ordinance 99-19 would have to so stipulate. Following that, there would be a separate public hearing on the Preliminary Subdivision Plan, which is identical to the PUD Land Use Plan; however, if the PUD Land Use Plan did not have a brick wall requirement, there could not be a requirement for one in the Subdivision Plan. The following public hearings relate to specific approvals of the library and the elementary school, which are required by the Code as separate public hearings. City Manager Shapiro wanted everyone to understand that this was the last opportunity the City Commission had to deal with the developer to include the requirement in Ordinance No. 99-19 for a particular type of wall. The public hearing was opened. Mr. Mickey Spinserelli, 2620 Graywall A venue, suggested that earth that would be moved be used to enhance the natural berm. The public hearing was closed. Commissioner Anderson asked for clarification. City Attorney Rosenthal said they could disapprove Ordinance No. 99-19, which would undo the prior two actions and render moot the 15 Ocoee City Commission Regular Meeting April 6, 1999 following items. The property would remain in Orange County zoned A-I. Approving the staff recommendation, which does not include a requirement for a brick wall or any of the other things specifically addressed by the Silver Bend home owners, would end the legal opportunity for the City Commission to impose that requirement on the developer. The only thing they would have to come back for would be a final subdivision plan for the commercial portion of the project and individual site plans for whatever goes on those commercial portions. The library would have to go before the Commission for a site plan approval. The School Board, to which the wall refers, does not have to go before the Commission under the confines of the Code, and they could not impose a requirement. The other option was to amend Ordinance No. 99-19 to include a requirement for a brick wall and impose that requirement prior to commencement of any development on the site. If that passed, the City would find out if the developer wanted to withdraw the application. Commissioner Parker, seconded by Commissioner Johnson, moved to approve Ordinance 99- 19, an ordinance of the City of Ocoee, Florida, changing the zoning classification from Orange County A-I, Citrus Rural District, to Ocoee PUD, Planned Unit Development District, on certain real property containing approximately 37.8 acres located on the southeast corner of Silver Star Road and Clarke Road intersection, pursuant to the application submitted by the property owners: finding such zoning to be consistent with the Ocoee Comprehensive Plan, the Ocoee City Code, and the Joint Planning Area Agreement: providing for and authorizing the revision of the Official City Zoning Map: repealing inconsistent ordinances: providing for severability: providing for an effective date with the stipulation that the minimum of a combination of earth berming, fencing and landscaping to address the sound and sight mitigation on behalf of Silver Bend home owners, the 11 lots, the 900 feet, be included. Motion carried 5-0. City Attorney Rosenthal asked the City Clerk to read the motion and find out if the developer agreed to it. He also asked for comments from the School Board. Mr. John Moody, Olympia Development Group, said they did not object to the condition. He felt they had worked with the staff and had put forth the proposition that afternoon of a berm as a reasonable compromise to the dilemma. Mr. Eric Houston, Orange County Public Schools, said they could look possibly to coming up with a design that would push some of the dirt to the side of the site where the neighbors are impacted in trying to create a berm. Beyond that, they did not address the landscaping plans they had with them. They felt they were meeting all the requirements of the City in regard to a landscaping buffer and felt there was plentiful landscaping on the site. Mr. John Flavin, Orange County Library System, advised the eastern boundary of the library as presently situated is the high point, about 141 feet, and the building is going to go on at about 130 feet, so there is a natural berm built into the site. They had no objections to the requirement. 16 Ocoee City Commission Regular Meeting April 6, 1999 Mrs. Martha Lopez-Anderson asked if the landscaping would be irrigated, and Mr. Houston said it would be. PRELIMINARY SUBDIVISION PLAN City Attorney Rosenthal advised the staff report had been given, and that report and all public comments would carry forward to this public hearing. The public hearing was opened and, since no one wished to speak, was closed. City Attorney Rosenthal advised that the motion on the Preliminary Subdivision Plan should include the same condition that Commissioner Parker made with respect to the PUD Land Use Plan. Commissioner Anderson, seconded by Commissioner Parker, moved to approve the Preliminary Subdivision Plan for the Olympia PUD with the stipulation that the minimum of a combination of earth berming, fencing and landscaping to address the sound and sight mitigation on behalf of Silver Bend home owners, the 11 lots, the 900 feet, be included. Motion carried 5-0. PUBLIC BUILDING USE - PUBLIC LIBRARY City Attorney Rosenthal advised this item required a separate public hearing to determine whether there were any objections to a public library on lot 7 as shown on the PUD Land Use Plan. The public hearing was opened and, since no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Parker, moved to approve the Public Library on Lot 7 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan. Motion carried 5-0. PUBLIC BUILDING USE - PUBLIC ELEMENTARY SCHOOL City Attorney Rosenthal advised the next public hearing was for a public elementary school to be situated on lot 8 as shown on the PUD Land Use Plan. The public hearing was opened and, since no one wished to speak, was closed. Commissioner Howell. seconded by Commissioner Johnson, moved to approve the Public Elementary School on Lot 8 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan. Motion carried 5-0. ANNEXATION AND DEVELOPMENT AGREEMENT (NO PUBLIC HEARING) City Attorney Rosenthal advised this agreement would include Commissioner Parker's stipulation. 17 Ocoee City Commission Regular Meeting April 6, 1999 Commissioner Parker, seconded by Commissioner Anderson, moved to approve the Annexation and Development Agreement with Olympia Development Group, Inc. with the stipulation that the minimum of a combination of earth berming, fencing and landscaping to address the sound and sight mitigation on behalf of Silver Bend home owners, the 11 lots, the 900 feet, be included and to authorize the Mayor and City Clerk to execute the same subiect to Ordinance Nos. 99-17, 99-18, and 99-19 becoming effective. Motion carried 5-0. OLYMPIA PUD - EXEMPTION FROM LOCATIONAL REQUIREMENT FOR SALE OF ALCOHOLIC BEVERAGES BY THE DRINK. City Attorney Rosenthal advised the City Commission adopted Ordinance No. 98-32, which allowed, within PUDs and special development districts at an advertised public hearing, approval of an exemption from the provisions of the City Code addressing the sale of alcohol by the drink. Absent the approval of the exemption, the provisions of Section 38-5 of the City Code would apply, which prohibits the sale of alcoholic or intoxicating beverages within 1,000 feet of an established church or school as more particularly described therein. The developer included a letter from the attorney for Olympia Development setting forth reasons for this exemption. In requesting the exemption they did not ask for a blanket restriction, but in terms of discussions with staff, they agreed to some restrictions, which would have the result in the exemption of only applying to restaurants containing seats for 100 or more people where the primary business is preparing and selling food but which, incidental thereto, sell alcoholic beverages by the glass or drink for on-premises consumption, including restaurants containing a bar, lounge or micro brewery. Commissioner Anderson asked how it would be known that an establishment was not selling more in dollars of alcohol than of food. City Attorney Rosenthal advised the regulation would be limited. Regulation would come into play when a request for a site plan or occupational license was submitted. He said he would not envisage an auditing or monitoring by the City. City Manager Shapiro said there would be an A TF license, and the police department monitors all sales of alcohol, so it would become obvious if it were a bar as opposed to a restaurant. Knowing if more food or alcohol is sold cannot be known by dollars but can be known by characteristic. The public hearing was opened. Mr. Brian Forbes, Lowndes Drosdick Doster Kantor & Reed, explained the exemption requested is limited, applicable only to the commercial lots and to restaurants with 100 or more seats. The intent is to have the ability to market a site to one of the better restaurants. Commissioner Howell asked Jon Martin, Orange County Public Schools, his opinion. Mr. Martin said when they acquired the site they were well aware of the plans and as a condition of their contract they had accepted that they would have a sit-down restaurant. He said they wanted to make sure it was a sit-down restaurant and not a bar, and he appreciated the discussion in this meeting. He said if it turned into something besides a sit-down restaurant, they reserved the right 18 Ocoee City Commission Regular Meeting April 6, 1999 to go back and object to that use in the future. He said if the school were there first, there might be objection from them as had occurred in other areas of the county. Commissioner Anderson passionately opposed the exemption. The public hearing was closed. Commissioner Anderson moved to disapprove the Olympia PUD Exemption from locational requirement for the sale of alcoholic beverages by the drink. Motion died for lack of a second. Commissioner Howell, seconded by Commissioner Johnson, moved to approve the Olympia PUD Exemption from the locational requirement for the sale of alcoholic beverages by the drink. Motion carried 3-2. Commissioners Anderson and Johnson dissented. Mayor Vandergrift advised there would be the first reading of Ordinance No. 99-20 and Ordinance No. 99-22 with no discussion, and the second reading would be April 20, 1999. Recess from 11:22 to 11:31 p.m. OTHER BUSINESS FIRST READING OF ORDINANCES ORDINANCE NO. 99-20, MONTHLY STIPEND FOR COMMISSIONERS. City Attorney Rosenthal read the title of Ordinance 99-20: An ordinance of the City of Ocoee, Florida, relating to the payment of a monthly stipend to the Mayor and City Commissioner for local travel and local expenditures incurred in the performance of official business on behalf of the City; providing for severability; providing for conflicts; providing an effective date. ORDINANCE NO. 99-22, RELATING TO DEAD, DISEASED, DECAYING AND UNSAFE TREES. City Attorney Rosenthal read the title of Ordinance 99-22: An ordinance of the City ofOcoee, Florida, providing that dead, diseased, decaying and unsafe trees within the City constitute a nuisance and menace to public health, safety and welfare; amending Section 115-1 and Section 115-3 of Article I of Chapter 115 of the Code of Ordinances of the City of Ocoee by including dead, diseased, decaying, and unsafe trees within the list of items that constitute a nuisance and menace to public health, safety and welfare; providing for severability; providing for codification; providing an effective date. Mayor Vandergrift advised the second reading of these ordinances would be at the April 20, 1999, regular City Commission meeting. INNOVATIVE IDEA - DAVID KINLER - WELL WIZARD REPLACEMENT Mayor Vander2:rift. seconded by Commissioner Johnson, moved to approve an Innovative Idea bonus in the amount of $270.00 for David Kinler regarding the replacement of the Well Wizard. Motion carried 5-0. 19 Ocoee City Commission Regular Meeting April 6, 1999 DISCUSSION OF THE ADDITION OF A TURN LANE ON ORLANDO AVENUE/BLUFORD A VENUE INTERSECTION. City Engineer/Utilities Director Shira presented his staff report recommending that no further work be added to the current Orlando Avenue projects. Mayor Vandergrift. seconded by Commissioner Anderson, moved that a turn lane not be added at the Orlando A venue/Bluford Avenue intersection. Motion carried 5-0. RESOLUTION NO. 99-11, AUTHORIZATION FOR MAYOR AND CITY CLERK TO EXECUTE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY MAINTENANCE CONTRACT #AG997 F. M. #244298- 1-72-04. Public Works Director Smith presented his staff report recommending that the City Commission approve the new FDOT Maintenance Contract for the coming year. Mayor Vander2:rift, seconded by Commissioner Johnson. moved to approve the new FDOT Maintenance Contract for the coming year. Motion carried 5-0. APPOINTMENTS TO BOARDS. BOARD OF ADJUSTMENT - 3 YEAR TERMS OF JOHN RESNIK AND DANIEL BIRNSTIHL (DECEASED) EXPIRE MAY 1999, AND 3 YEAR TERM OF BRUCE BEATTY (DECEASED) EXPIRES MAY 2000. Commissioner Anderson, seconded by Commissioner Howell, moved to appoint Joanne Jensen to the Board of Adiustment to fill Mr. Birnstihl's seat for a three-year term expiring May 1999 and for a new term expiring May 2002. Motion carried 5-0. Commissioner Anderson. seconded by Commissioner Parker, moved to reappoint John Resnik to the Board of Adiustment for a three-year term expiring May 2002. Motion carried 5-0. Commissioner Parker, seconded by Commissioner Howell. moved to appoint Patricia Tice to the Board of Adiustment to fill Mr. Beatty's seat with a term expiring May 2000. Motion carried 5-0. PARKS AND RECREATION BOARD - 2 YEAR TERM OF CARLEEN BRYANT EXPIRES MAY 1999. REAPPOINTMENT TO OCTOBER 1, 2000 PER ORDINANCE NO. 98-29. Commissioner Anderson, seconded by Commissioner Howell. moved to reappoint Carleen Bryant to the Parks and Recreation Board for a term to expire October 1, 2000 in accordance with the provisions of Ordinance No. 98-29 to stagger terms. Motion carried 5-0. STAFF REPORT - None COMMENTS FROM COMMISSIONERS Mayor Vandergrift advised there will be a work session at 6:00 p.m., prior to the April 20, 1999, regular City Commission Meeting. 20 Ocoee City Commission Regular Meeting April 6, 1999 Commissioner Anderson 1) Announced the City picnic scheduled Saturday, April 10, 1999. 2) Said the Lynx buses are still stopping in the road, and he wants something done. City Manager Shapiro said the first thing to do is ask the City Attorney to determine whether a public transit vehicle has the right to stop or stand in the road. From there, a determination would be made as to whether a ticket could be written. 3) Asked why a generator is still being run at the Little League field. Mr. Shapiro said Florida Power had not redone the line. Public Works Director Smith said it was supposed to be done this week. 4) Asked Mr. Smith about the big black tubes children were playing in. Mr. Smith said the retention ponds will be fenced to keep the children away from them. Mayor Vandergrift said it might have been a good idea to put in a small kiddie area somewhere in the area. Mr. Shapiro advised some iungle gym equipment would be installed where the dark dirt is. Commissioner Howell 1) Said he had a call from a lady on Kimball Street where the drainage work is being done. She said she talked to Assistant City Engineer/Utilities Director/Construction Administrator Wheeler and that there were some problems. City Engineer/Utilities Director Shira said the contractor did not put the curb in right, and the City has told him to remove it and do it over. He felt it would be completed within the next week to ten days. Mayor Vandergrift asked about the design of the drains and whether they would get clogged with leaves. Mr. Shira said because of the swales and the type of curb, the grates had to be flat, but the leaves that will collect can be easily removed. Mayor Vandergrift said the problem is getting someone to remove the leaves. Commissioner Johnson None. Commissioner Parker None. Mayor Vander2:rift 1) Mayor Vandergrift said he noticed the employee parking signs were not covered before the meeting. Mr. Shapiro said instructions had been given to make the bags to cover them. 2) Asked about spring clean-up. Commissioner Anderson said the water bills indicated it will be the next week. He said he had asked that the citizens be notified a month ahead of time, and the notice on the water bill only gave them 15 days. 3) Said he felt a Commissioner, and possibly the Mayor, should sit on the Y2K Committee and serve as liaison for the Commission. Without objection, Commissioner Anderson will be the liaison. 21 Ocoee City Commission Regular Meeting April 6, 1999 ADJOURNMENT The meeting was adjourned at 11 :48 p.m. APPROVED: ~'/7 /.1.. fJ :. /\ :2 ~P\t/~I S. Scott Vandergrift, Mayo. 22