HomeMy WebLinkAbout11-07-06 Minutes
MINUTES
OCOEE CITY COMMISSION
November 7, 2006 at 7:15 P.M.
Cancelled due to tornado warnings.
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 Hood led the Pledge
of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller
(absent), and Commissioner Johnson.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Mayor Vandergrift read a plaque that had been previously presented to the City from the
National League of Cities, thanking the City of Ocoee for their dedication and commitment over
the last ten years, since their membership began in 1996.
Mayor Vandergrift read a "Joy Award" plaque for the City of Ocoee and the Parks and
Recreation Department for their support of the Autism Program held at the Beech Center on
Tuesday Nights.
Young members of Weblos Pack 219 were introduced. They are attending the meeting to earn
their citizenship award.
Eme
Mayor Vandergrift introduced the item and declared it an emergency.
Commissioner Anderson. seconded bv Commissioner Johnson. moved to
approve the road closina as reauested bv the Lions Club for the Ocoee Christmas
parade on December 2. 2006. Motion carried 4-0. with Commissioner Keller
absent.
I C. COMMENTS FROM CITIZENS/PUBLIC - none
I D. COMMISSIONERS ANNOUNCEMENTS
Commissioner Anderson-none
Commissioner Johnson-none
Commissioner Hood-none
Mayor Vandergrift- 1) read a letter of thanks from the staff for the support in making the 13th
Annual Founder's Day a huge success. 2) read a letter from the daughter of Gerald E. Sims, who is
City Commission Regular
November 7, 2006
grandson of Ocoee's Founding Father, Bluford Sims, thanking the Mayor and City for their
hospitality and acknowledgment of him at the Founder's Day Event, 3) read a letter from Gerald E.
Sims thanking the Mayor for showing him around in the golf cart and expressing how far the City
has come since he first resided here on a farm in 1937. He said Ocoee was a nice place to live and
raise children, 4) asked staff to bring back a resolution in support of Nemour's Children's Hospital,
and 5) Lengthy discussion regarding the rezoning meeting for Apopka Relief School and other
school issues. Commissioner Anderson asked City Manager Frank if an RFQ has been formulated.
City Manager Frank said with the help of our lobbyist he has been able to talk to Representative
Frank Atkinson who is an expert in the area of Charter Schools and Educational Benefit Districts,
and he has agreed to come in and speak in a workshop forum to advise the Commission of options
that are available and legislation that has been passed. Mr. Frank said he was waiting for today's
general election to be over to contact his office and arrange this meeting. Sherry Miller asked when
the new school will open, and if Ocoee is working with surrounding communities who have children
attending Ocoee Schools. Mayor Vandergrift said the school is slated for 2010, with construction
starting 18 months prior. The rezoning process will begin in August. He also said that we have lent
our support to Pine Hills, and he has attended two council meetings, but it is difficult because some
of the newer residents have mixed emotions because they are excited about a new school. He added
that if Evans is moved way over in this direction, they will lose the sense of having a community
school. Commissioner Johnson added that the residents of those communities need to go to the
School Board meetings and let them know how they feel.
I E. CONSENT AGENDA
Commissioner Anderson asked to pull Item #10 from the Consent Agenda.
City Manager Frank said that there is a correction on Item #5.
2. App
C:ter
Members of the Citizen Advisory Council for Ocoee Police Department serve three-year terms. The Resolution
creating the Board allows no more than fifteen (15) members. The board currently has fourteen (14) members.
One (1) application was recently submitted from Robert Minarcin (District 3). Staff recommends the City
Commission consider appointing Robert Minarcin to the Citizen Advisory Council for Ocoee Police
Department with a term ending January 1,2010.
Approved on Consent. motion carried 4-0. with Commissioner Keller absent.
3. A
Res()1lr
Trustees for the Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund
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. During the Special Session of the City of Ocoee General
Employees' Pension Board, held on October 27, 2006, the Trustees choose their fifth member to replace the
board seat formally held by Mary Anne Swickerath. The Pension Board elected to submit to this Commission
the name of Wendy West for the term beginning October 1,2006, and ending September 30, 2008.
Approved on Consent. motion carried 4-0. with Commissioner Keller absent.
Page 2 of 13
City Commission Regular
November 7, 2006
4.
The 2005/2006 Growth Management Act amendments have required that local governments create a
transportation proportionate fair-share ordinance in addition to updating the Comprehensive Plan's Capital
Improvements Element (CIE). The Community Development Department is requesting that Renaissance
Planning Group (RPG), Inc., the City's transportation continuing service provider, provide additional services
to help finalize these documents to ensure they are properly processed with the Florida Department of
Community Affairs (DCA).
Approved on Consent, motion carried 4-0, with Commissioner Keller absent.
5. Appr
Build
This Change Order #4 in the amount of $11,871.44 is for the addition of items not included in the original bid
which includes (1) completion of wet tap, underground work and back flow preventor for the fire protection
service connection per State Fire Codes and (2) additional electrical and plumbing required to revise the ice
machine location. These two changes include 32 additional calendar days to the contract for completion. In
addition the contractor requested in a letter that the City grant them an open number of days for completion of
the facility. Staff is recommending that we grant them 21 extra days and ask them to submit for more days at a
later date if it becomes necessary. Total number of calendar days added to the project with Change Order #4 is
53 days. With the funds remaining for the Public Works Facility budget of $2,795.12 it is necessary to seek
additional funding in the amount of $9,9:;U2 (revised $11,871.44). Staff is proposing that the $10,000
budgeted for the gate system revision at Public Works be utilized for this purpose as the gate item will be
included in a future security access plan at the Public Works Complex being reviewed by the Police Department
for a standard City wide implementation. This project is budgeted in the Public Works Departments
Maintenance Operations Division in line item 001-519-00-6302.
City Manager Frank said the amount of the change order submitted with the agenda was
incorrect, and the new figures have been distributed on the dais, which reflect a net increase
approximately $2,000.00 higher.
Commissioner Anderson, seconded bv Commissioner Johnson, moved to
approve Item 5, with the corrected amount. Motion carried 4-0, with
Commissioner Keller absent.
6. Approval
forJo
Lands
The City was very fortunate to receive grant funding for landscaping upgrades and improvements to Silver Star
Road in the amount of $250,000 from the Florida Department of Transportation (FDOT) in October of 2004.
Staff reviewed the entire City landscaping program for continuity of design and installation during FY 2005-
2006. This review extended the project duration requiring the City to amend the Joint Planning Agreement with
the FDOT for Contract # ANR90. The amendment extends the grant funding usage deadline until March 1,
2007; and provides for the utilization of grant funding for irrigation installation and improvements for the area.
The amended JP A was executed and forwarded from the FDOT in response to a request from city staff to
extend the grant funding deadline, as well as FDOT staff clarification on the usage of funds for irrigation
purposes and for contractual installation of plant materials.
Approved on Consent, motion carried 4-0, with Commissioner Keller absent.
7. Approva and
SoftWa
Every year, the City purchases computer systems and software for additional needs or to replace broken or
outdated units. Every year, Information Systems evaluates the costs from various Tier 1 vendors listed on the
state contract. Staff respectfully recommends the Mayor and Commissioners approve piggy-backing off state
Page 3 of 13
City Commission Regular
November 7, 2006
contracts 250-000-03-1 and 255-001-01-1 until the contracts expire on 12/31/2007 and 2/7/2007 respectively
for the purchase of over $15,000 in computer systems from Dell and software licenses from SHI.
Approved on Consent. motion carried 4-0. with Commissioner Keller absent.
8. Approv~l~[.
VictoryB3Pti
Victory Christian Academy has made application to the City for a Special Events Permit for a children's parade
that would require the temporary closing of a City owned street. The event will be held on November 11, 2006,
from lOam - 10:30am. The street to be closed is part of A.D. Mims Road. Staff recommends approval with the
following requirements: 1) All residents that will be affected by the road blockage must be notified in advance;
2) Health Central Ambulance must be notified of the road closure in advance; 3) An emergency lane must be
maintained at all times; and, 4) Roads must be blocked with proper barricades.
Approved on Consent. motion carried 4-0. with Commissioner Keller absent.
9. Appr
Trea
Each of the two oxidation ditches has two (2) oppositely apposed rotor gear boxes and motors. Failure of either
the rotor gear box or the motor will result in a loss of half the plant's treatment and all reclaim water production.
The gear box can take up to a week to be replaced and the motor up to five (5) days. Therefore, staff is desirous
of having in surplus an inventory of two (2) rotor gear boxes and one motor. The surplus inventory shall be
obtained by replacing the existing units approaching the end of their operational expectancy and refurbishing
those replaced units. Staff recommends that City Manager be authorized to purchase a new rotor gear box
(Baldor 60/40 HP) motor from Florida Bearings, Inc. in the amount of $6,076.00 and have the existing gear box
and motor rehabilitated.
Approved on Consent. motion carried 4-0. with Commissioner Keller absent.
lO.Appr
(UtilitieslPl
The City of Ocoee' s Sewer Plant's reclaim filtration unit has reached the end of its life cycle, thus it needs to be
rehabilitated. The south half (side 2) of the filter was scheduled to be rehabilitated in FY 05/06 and the north
half (side 1) in FY 06/07. Funding for this work; $83,200.00 for FY 05/06 and $84,000.00 FY 06/07, was
approved in both fiscal year budgets. Staff delayed the first half of rehabilitation to minimize operational
impacts and realize an overall project savings. Staff is recommending the contracting the work with Moss
Kelly/Infilco Degremont which was the original equipment provider and installer. The awarding of this work to
Moss Kelly/Infilco Degremont shall be as a "best source vendor" status.
Commissioner Anderson asked why this is being awarded to the best source vendor; there is
no documentation regarding competitive bid process.
Utilities Director Smith said that we could have gone to bid, but it is a proprietary filter
system and we went back to the original supplier and installer. If the job is bid out to other
vendors, they would probably have to change the system and get new design documents, etc.,
which would be much more costly.
Commissioner Anderson asked that this type of information be included in future agenda
items.
Commissioner Anderson. seconded bv Commissioner Hood. moved to
approve Item 10. as presented. Motion carried 4-0. with Commissioner Keller
absent.
Page 4 of 13
City Commission Regular
November 7, 2006
Commissioner Anderson, seconded by Commissioner Johnson, moved to
approve Consent Aaenda Items 1, 2, 3, 4, 6, 7, 8, and 9, with Items #5 and #10
beina pulled and heard separately. Motion carried 4-0, with Commissioner Keller
absent.
I F. PUBLIC HEARINGS
11.. ecOriaRea.
ndo SeilttnelQi;a71ge
Ocoee Golf, LLC, the applicant, is requesting annexation of the subject property into the jurisdictional boundary
of the City of Ocoee. The subject property includes approximately 101 acres of land and is generally located
northwest of Clarcona-Ocoee Road and southeast of Forest Lake Golf Course. The property is vacant, wooded
and undeveloped. The property essentially is a remnant of a historic (circa 1920s) mobile home park (West
Orange Park) that was never developed. On August 8, 2006, the property was re-platted under the Orange
County jurisdiction as "Ocoee Pines". This plat dedicated significant right-of-way for the future Clarcona-
Ocoee Roadway realignment.
a. Annexation Ordinance - 2nd reading
City Attorney Rosenthal read the title of the ordinance.
Item # 11 intcrrupted for an Unrelatcd Mattcr ... Mayor Vandergrift said Commissioncr Hood did
not update us on an important evcnt this wcekcndwith Dcoee lIigh School. Commissioner
Hood said Dcoec High is playing in the inaugural Grid Iron Bowl game on Thursday Night at
Showalter Field. Hc advised the Bulldogs havc a tcam going to Jacksonville Saturday for a
regional game. Commissioner Hood said they need fimding for these trips; if anyone can assist,
particularly local businesses, pleasc contact Sherry Atkinson of Dcoee Pop Warner or
Community Relations Director Wright for infonnation. Commissioner Hood added that the
soccer league staIted this Saturday, and the new lights on the field arc working grcat.
Principal Planner Fabre gave a presentation regarding the annexation.
Mayor Vandergrift asked if there is an agreement with the County to four-lane the road.
Mayor Vandergrift then asked if they could take a break to introduce the Bulldogs Football
Team and Cheerleaders.
City Attorney Rosenthal advised that the Public Hearing and presentation be placed on hold
temporarily, and it will be announced when it is resumed. Consensus of the
Commission, without obiection to temporarily hold the Public Hearina.
Item #11 interrupted for an unrelated matter: l'he Deoee Middle School Bulldog (team mascot),
the Bulldog Football Tcam, and the Bulldog Cheerleadcrs entcred the room. The Coach
introduced all of the members of thc team. Lynn Pollack, executive Board for Dcoec Bulldogs,
advised that there are three checrleader teams that madc it to Regionals and the football team also
made it to R.egionals for the first time in seven years. The coach presented the Mayor with a
f()Otball signcd by thc team members. Commissioner ,Johnson said that much of what they do
as elected officials is for the youth in the community, and that this would be a good time to make
a motion, and he asked Commissioner Hood make thc motion.
Page 5 of 13
City Commission Regular
November 7, 2006
Commissioner Hood, seconded bv Commissioner Johnson. moved to :,rant
.$3000 from the Commission Continaency Fund to the Ocoee Bulldo s to
assist with their travels. Motion carried 4-0. with Commissioner Keller absent.
Returned to Item #11
Jason Searl, 1518 Mount Vernon Street, Orlando, on behalf of the applicant/owner. In
connection with the county, the owner will be developing part of the Ocoee Road Extension
at their cost, (the two eastern-most lanes from Avocado Street to Ingram Road with some
retention ponds). The County should be completing the rest of Clarcona Ocoee Road. He
advised they will try to incorporate the County's portion in with the construction, or
alternative access will be provided to the south and east. An agreement has been entered into
with Orange County and recorded. City Attorney Rosenthal advised this hearing is just for
the annexation, these items can be discussed at the Preliminary and Final Subdivision Plan.
Mayor Pro Tern Anderson opened the Public Hearing.
R. P. Monacky, 1820 Prairie Lake Blvd., asked about improvements on Clarke Road. Staff
confirmed nothing would be done to Clarke Road in conjunction with this development.
Community Development Wagner also responded to Mr. Monacky's question saying that
two other developments coming in will have provisions to bring in fill for future widening of
Clarke Road, but it is not in the CapitalS-year Plan at this time.
Mayor Pro Tern Anderson closed the Public Hearing.
Commissioner Anderson. seconded by Commissioner Hood. moved to adopt
Ordinance 2006-018. annexina approximately 101 acres of land at Ocoee Pines
that is aenerally located northwest of Clarcona-Ocoee Road and southeast of
Forest lake Golf Course. Motion carried 4-0. with Commissioner Keller
absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2006-018
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 101.66 ACRES LOCATED NORTH
AND WEST OF CLARCONA-OCOEE ROAD, AND TO THE EAST OF FOREST LAKE
GOLF COURSE PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; 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.
Page 6 of 13
City Commission Regular
November 7, 2006
I b. Annexation Agreement
City Attorney Rosenthal advised that there were a few minor revisions to the annexation
agreement published with the agenda packet; the reference to the estate of Geneva Williams
has been removed, and the legal description has been corrected. He said the annexation
agreement relates mostly to the acquisition of the two remaining lots by the City at the
developer's expense.
Commissioner Anderson. seconded by Commissioner Johnson. moved to
approve the Annexation Aareement as presented by staff. and includina those
revisions addressed by City Attorney Rosenthal. Motion carried 4-0. with
Commissioner Keller absent.
On March 15, 2005, the City Commission approved the final subdivision plan for Citrus Medical and
Executive Office Park. This plan detailed construction of master infrastructure for the property. Since the
approval of the final subdivision plan, infrastructure such as a cul-de-sac road, and lift stations have been
constructed. After approval of the final subdivision plan, the developer submitted a site plan detailing the
construction of eight, one-story medical/professional office buildings totaling 28,626 square feet in area with
associated parking and landscaping on the property.
Community Development Director Wagner said a Final Subdivision Plan was approved
in March 2005, and today there is some infrastructure with roads and utilities. The site
plan was later modified to add square footage, but this is essentially the same plan that has
been before the Commission a few times. Mayor Vandergrift asked if the retention pond
in the front is a wet pond, and City Engineer Wheeler said that it would be dry most of the
time. Mayor Vandergrift said there should be some cypress trees in the retention pond
since a fountain is not feasible. Commissioner Anderson asked about the construction of
the wall with regard to potential hurricane damage, and Mr. Wagner advised that walls are
now signed off by a structural engineer.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Johnson added that he would like the landscaping done well along the new
road in front.
BJ Barnes, Engineer representing the applicant, said they spent a lot of time with staff
regarding the wall and landscaping, and the wall will be consistent with decorative
elements of surrounding building elevations; he also agreed to place trees in the retention
ponds, as requested by Mayor Vandergrift.
Commissioner Anderson. seconded by Commissioner Johnson. moved to
approve the Larae Scale Preliminary/Final Site Plan for Citrus Medical &
Executive Office Park. Motion carried 4-0. with Commissioner Keller absent.
Page 7 of 13
City Commission Regular
November 7, 2006
Mayor Vandergrift said, regarding the previous item, to get the road corrected at Clarcona
Ocoee because it is a dangerous curve and a house that used to be there was struck by
vehicles on at least three occasions. Community Development Director said he and City
Engineer Wheeler are meeting with the County next week regarding the possible
expediting of the second portion of Clarke Road. Commissioner Hood asked if there are
plans that show how Adair Street will fit in. Mr. Wagner advised that the 100% design
plans are in his office if the Commissioner or anyone wishes to view them.
13. Oak 'Ira'
Orlalld()Se
The subject property is approximately 38.6 acres in size of which 3.6 acres are designated as conservation.
The Preliminary Subdivision Plan proposes 45 single-family residential lots and 52 townhomes units with
associated infrastructure. As a result, the PSP as presented has a total of 97 dwelling units which does not
exceed the underlying land use density cap. The maximum gross residential density is 3.6 dwelling units per
acre. The Preliminary Subdivision Plan layout has the townhomes on the southern portion of the site and to
the north the single-family portion. The approved PUD requires a minimum lot size of75 feet by 125 feet and
26 feet by 65 feet for the townhomes portion of the site. The minimum dwelling size for the single-family
portion is 2,000 square feet and 1,500 square feet for the townhomes portion. Based on the recommendation
of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve
the Oak Trail Reserve PUD Preliminary Subdivision Plan, as date-stamped received by the City on October
27, 2006.
I a. Preliminary Subdivision Plan
Principal Planner Fabre presented the item with a PowerPoint presentation, and explained
the design of the retention pond.
Mr. Fabre said the Planning and Zoning Commission added the recommendation that the
required FEMA map amendment change be a condition of the approval. Staff recommends
approval for Preliminary Subdivision Plan with the condition that they obtain a letter of
approval from FEMA.
City Attorney Rosenthal advised that there is a First Amendment To The Development
Agreement that pertains to the extension of Clarke Road to the north, as well as some
improvements south. There has been jockeying between Arden Park, Oaktrail Reserve, and
Orange County's road project trying to figure out who would be responsible for what
portions of the road improvements. The staff determined this project was the farthest ahead,
so they would need to do some of the engineering associated with sections A (Oaktrail
portion), B (Arden Park portion), and C (County portion). This amendment will provide for
contingencies to allow several different options depending on which project goes first.
Ideally, all three sections will be done at the same time and we will know more after our
meeting with the County next week.
Mayor Vandergrift opened the Public Hearing. Richard Gonzalez, Developer for Oaktrail,
advised that City Attorney Rosenthal wrote a good agreement that provided for all segments
of the road to be completed, and they are in agreement with the First Amendment To The
Development Agreement.
Page 8 of 13
City Commission Regular
November 7,2006
Mayor Vandergrift noted that the townhomes all had garages and Mr. Gonzalez said the
concept is that two-car garages would be provided for each townhome to get owners to park
in their garages and not all over the road.
Mayor Vandergrift closed the Public Hearing.
Commissioner Anderson. seconded bv Commissioner Johnson. moved to
approve the Preliminary Subdivision Plan for Oaktrail Reserve PUD per staff
recommendations. Motion carried 4-0. with Commissioner Keller absent.
I b. First Amendment to Development Agreement
Commissioner Anderson. seconded bv Commissioner Hood. moved to
approve the First Amendment to the Developer Aareement for Oaktrail
Reserve PUD. as amended. Motion carried 4-0. with Commissioner Keller
absent.
The PreliminaryIFinal Site Plan proposes a three-story self-storage facility with a total building floor area of
63,075 square feet. The building footprint will be 21,025 square feet. The site plan has all the requisite
parking and landscaping areas per the Land Development Code. In addition, a 6 feet wide concrete sidewalk
with landscaping will be provided along the property boundaries to facilitate pedestrian travel. One sitting
area will also be provided for pedestrian and patron use. The building is designed to look like a modem
three-story office building rather than a traditional mini-warehousing facility. Based on the
recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City
Commissioners approve the West Orange Investments Storage Facility PreliminarylFinal Site Plan, as date-
stamped received by the City on October 24, 2006.
Principal Planner Fabre gave a PowerPoint presentation.
Mayor Pro Tem Anderson opened the Public Hearing.
Spencer Cross, 109 South Lakeshore Drive, said he owns property that borders the NE
comer of this property, and if a retention pond is built there it will pollute the well and
drinking water. He said the well was built in the late 1940's or early 1950's and it has been
capped off until he decides what he is doing with the property; there is no structure on it at
this time. At one time there was a proposal for a hotel instead of storage; the developer was
going to buy his property also. The land has been vacant since those plans did not pan out.
Staff was directed to look into this issue with the developer to make sure there is no
potential for pollution into the well. City Engineer Wheeler advised Mr. Cross that there
is a 12" water main running down Marshall Farms Road if he is interested in being
connected to public water, which would also require being annexed into the City of Ocoee.
Commissioner Anderson asked if there would be a fence provided in case of outside
storage of vehicles. Mr. Fabre advised that there would be no fence and the storage will
all be internal.
City Attorney Rosenthal confirmed that the well is on Mr. Cross' property, but the
retention pond will be built on West Orange Property adjacent to his. Mr. Cross said he is
still concerned about pollutants from the retention pond getting into his well. City
Page 9 of 13
City Commission Regular
November 7, 2006
Attorney Rosenthal also noted that since potable water is available, regulations may
prohibit him from developing in the future without connecting to potable water.
Commissioner Johnson. seconded by Commissioner Hood. moved to approve
the Larae Scale Preliminary/Final Site Plan for West Oranae Investments.
continaent upon addressina the issue of any impact the retention pond may
have on the well on the adiacent private property. Motion carried 3-0. with
Commissioner Keller absent and Mayor Vanderarift away from the dais.
I G. ORDINANCE_FIRST READING
15.Ardell.Park.
Direc.to.rW
The subject property is located on the north and south sides of Clarcona-Ocoee Road, west of Hobson Road,
and east of Ingram Road. The subject property is 411.9 acres in size and is currently zoned R-1AA (Single-
Family Dwelling). The Future Land Use Map designates the property as Low Density Residential, with areas
around Lakes Sims, Meadow, and Trout designated Conservation/Floodplains. The request is to rezone the
property to PUD (Planned Unit Development). The land use plan that was submitted for approval proposes 925
dwelling units mixed between single-family and townhome units with a maximum density of 2.96 dwelling
units per acre. This density is consistent with the underlying land use and represents a similar density contained
in a conventional single-family development. The plan proposes development of the project in six phases.
City Attorney Rosenthal read the title of the ordinance. Second reading and Public Hearing
will be heard on November 21,2006.
16. Gener
Carlllce a
The Pension Board for the City ofOcoee Municipal General Employees' Retirement Trust Fund is governed by
ordinance. Staff recommends the Commission adopt the amendment to the General Employees' Pension
Ordinance to change the multiplier from 2.5% to 3%. There is no financial impact for fiscal year 07; the City's
contribution to fund this change will be approximately 15% or payroll in FY 09. The City's contribution rate
for FY 07 is 11.0%.
City Attorney Rosenthal read the title of the ordinance.
A lengthy discussion ensued regarding the actuarial study and the unfunded liability that this
benefit increase would create. Human Resource Director Carnicella said the auditor is
satisfied with the actuary's explanation that adding this benefit would increase the City's
contribution from 11 % to 15% of payroll in FY 2009, which should pay the unfunded debt
over 25 years, and the 15% contribution should stay constant if no other benefits changes
occur. The recommendation is that the benefit change will take place December 1, 2006, and
therefore will not increase the 2007 City contribution assumptions. Commissioner
Anderson also asked about increasing the fund on the other side, such as investment policies.
Human Resource Director Carnicella said we are going to demand a better result from our
money managers, because other pensions are doing better than we are. He added that if we
make our assumptions of 8% per year, then we can count on the 15% City Contribution
assumption to continue. The actuary, Foster and Foster, has been very accurate in their
assumptions over many years. The assumptions were conservative, so the City should be
able to fund the benefit increase with a 15% contribution to the Plan, however he advised that
there are many varying factors and urged that the City Commission re-address the issue
should the City contribution go over 15%.
Page 10 of 13
City Commission Regular
November 7, 2006
I H. REGULAR AGENDA
8nmb)
With the decommissioning of the Jamela Water Treatment Plant, certain lots that are contained in the water
plant site are no longer needed by the Utilities Department for continued operations. Therefore, staff is seeking
direction from the City Commission on either proposed future uses of these lots; or a recommended method for
disposition of the property. The property owner west of the Jamela Road has expressed an interest to purchase
the west lot. City Commission could offer the east and west lots to the adjacent property owners at an appraised
value. Public sale of the two parcels with the sale price based on a certified appraisal. In addition, an interest in
this property has also been demonstrated from a non-profit affordable housing organization.
Jamela
irector
The stem for the water tower is still there at this time.
Utilities Director Smith said the attached memo shows the market value of those two lots at
$56,000 each. City Manger Frank said that he has been contacted by Habitat for Humanity
for lots in the City, and advised that surrounding communities have donated lots.
Commissioner Hood said he would like to keep the land for City purposes and keep it
looking nice. Commissioner Anderson asked about the landlocked lots. Mr. Smith
advised the two northern properties still have a lot of infrastructure underneath that would be
costly to demolish. He said there has not been an Environmental 1 Test on it, but he does not
anticipate problems with hazardous material.
Commissioner Hood asked if we could place white PVC fencing and plantings around it to
make it look better, and then we can decide what to do with it later. Consensus of the
Commission was to aive direction to staff to brina back recommendations for
fencina. and recommended use of the property at the next commission
meetina.
The Mayor reauested staff create a map identifvina City properties and
delineate retention ponds and other features.
Regarding the storage availability of the tank, all departments were surveyed and several
have uses for the additional storage.
18.A.pprov
Sala
25,2
The City Manager is covered by an employment contract with the City of Ocoee, which provides for yearly
salary increases. The City Commission conducted a workshop on October 25, 2006, to evaluate the City
Manager's performance, and considered amending his employment agreement in regard to salary and other
compensation. The Commission reviewed a salary survey of City Manager salaries for the surrounding
communities and the consensus of the Commission was to bring City Manager Frank's salary as close to the
median range of $130,500 as possible. It was noted that $15,000 had been set aside in the FY06/07 budget, and
raising the salary by that amount would bring it to within the median range at $130,763.10. There was further
discussion regarding increasing the pension contribution of the City Manager's 457K Deferred Compensation
Plan to equal the same as the General Employees' Pension Plan.
Commissioner Hood said he does not feel it is necessary to rehash what was done at the
workshop. Mayor Vandergrift said that was the intention of the workshop, to resolve issues
there and then to consider the compensation issues here tonight.
Commissioner Johnson. seconded bv Commissioner Hood. moved to approve
the second amendment to the City Manaaer's employment aareement.
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City Commission Regular
November 7, 2006
Motion was not voted on at this time due
Commissioner Anderson said he was not able to attend the workshop, but he feels that the
City Manager should receive the same compensation (Merit and COLA) as the employees.
He said the City Manager survey should have included how many years of experience they
have. Commissioner Johnson said he has to evaluate the City Manager based on what they
have done for the City and what the median salary is in the area. City Manager's salaries
have risen tremendously since we did the survey two years ago when Mr. Frank was hired.
Commissioner Hood advised that there was thorough discussion and evaluation of the City
Manager and anyone who wishes to see them can get the minutes or the audio from the City
Clerk's Office. Commissioner Anderson reit.erated that the survey did not reflect the
amount of time other managers spent in office. Commissioner Hood said this salary
increase would still place him below the median for this area. Mayor Vandergrift said the
City Manager has not received a raise in the 2 Yz years since he began, other than COLA and
Merit, and you may recall that Police Officers were given up to 25% increases to bring them
up to what they should be making. He added that, as discussed in the workshop, we have a
smooth running City and government and he deserves the credit and compensation.
After the discussion, a vote was taken on the motion. Motion carried 3-1, with
Commissioner Keller absent and Commissioner Anderson opposed.
(B
The property was observed as having overgrown grass/weeds within required landscape areas; miscellaneous
trash and debris; the sign was dilapidated; and the waste container gates were left open and not maintained. A
lien was placed on this property from a code enforcement board case. This fine accrued from September 27,
2005, until September 11, 2006. The property was brought into compliance on September 11, 2006. The total
amount of the fine is $87,250.00. The Respondent is requesting that all fines be waived and the lien released.
Item postponed at the reauest of the property manaaer who could not be here.
20. Discussion 0
Ocoee. (
Commissioner Johnson said he would like to have the City Manager take over his position
and represent the City of Ocoee at the West Orange Chamber of Commerce. He would begin
immediately, and then in January the Chamber will ask the City to appoint a representative,
and City Manager Frank can be appointed at that time. Commissioner Johnson asked that a
letter be written on his letter head advising that he is resigning the position and City Manager
Frank will assume the appointment. Consensus of the Commission approvina City
Manaaer Frank as the City of Ocoee representative to the West Oranae
Chamber of Commerce.
I I. STAFF REPORTS
City Manager Frank thanked the Commission for the support they gave him this evening and
said he looks forward to working with them in the years ahead.
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City Commission Regular
November 7, 2006
I J. COMMENTS FROM COMMISSIONERS
Commissioner Hood I) thanked everyone for all of the flowers, condolences, cards, etc. after
his father's passing, 2) announced that the Police Department Community Affairs Unit received
recognition from the Florida Crime Prevention Unit for the second year in a row, as the Crime
Unit of the Year for cities with population under 100,000, 3) asked about Russell Park; City
Manager Frank said it is part of the Master Plan that is in the budget this year and he wants
Russell Park and Central Park to be tied together for Master Plan improvements. Projects will be
completed this fiscal year, 3) said Forest Brooke Estates has an issue of not getting the
management turned over to the homeowners because the percentage of occupancy is tied to the
development across the street that is still under construction. They want to know what to do
about the gates being left open all day for the school buses, because they would prefer they are
closed for security reasons. City Manager Frank said they will contact the developer to see
what can be worked out, 4) said the developer placed flashing signs on Ingram Road stating that
it was going to be closed for four months, which is incorrect. He notified Public Works Director
Krug, who had the signs removed right away, but wanted to make sure residents knew the road
will not be closed, there will be a detour, 5) asked about Lady Avenue; Public Works Director
Krug said they have done some concrete work and made some revisions, the contractor made
some changes at their cost. They are also preparing to put brick down and place some trees in
the narrow medians. Commissioner Hood said the Police Department has the description of the
vehicle that has been driving through there and they will be caught. We will have to figure out
how to prevent this from happening.
Commissioner Anderson reminded everyone of the Lions Club Turkey Shoot on Saturday from
9:00 a.m. - 4:00 p.m.
Commissioner Johnson- I) offered condolences to Commissioner Hood on the loss of his
father, 2) said they are working on forming a foundation for the Athletic Association at Ocoee
High School, and will keep everyone apprised; getting bleachers will be a priority at this time.
Mayor Vandergrift I) said there will be a ground breaking dedication of the new West Orange
High School (replacement school) on November 8, 2006, at 10:30 a.m. 2) reminded everyone of
the Grid Iron game on Thursday night at Showalter Field in Winter Park, 3) said the Pop Warner
team is playing in Jacksonville, 4) said a School Board staff member came up to him at the
dedication of the West Orange Football field and advised that the reason they couldn't give
Ocoee any stadiums was because we did not have enough restrooms, 5) introduced Rachel Purdy
from UCF, who was in the audience.
I ADJOURNMENT
The meeting was adjourned at 10:16 p.m.
Attest:
APPROVED:
City of Ocoee
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