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HomeMy WebLinkAboutItem V(A) Approval and Acceptance of the Minutes of the City Commission Regular Session of August 17, 2004 and Budget Work Session of August 16 and 23, 2004 Agenda U9-07-04 Item V.A. MINUTES OF THE OCOEE CITY COMMISSION __ __ _ . REGULAR SESSION HELD AUGUST 17, 2004 DRAFT CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:18 p.m. in the Commission Chambers in City Hall. Commissioner Parker led the invocation and Commissioner Johnson led the Pledge of Allegiance to the Flag. Acting City Clerk Brasher called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Frank, City Attorney Rosenthal, Assistant to the City Manager Shira, Acting City Clerk Brasher, Building Official Phelps, Community Development Director Wagner, Assistant Fire Chief McNeil, Human Resources Director Diedrich, Principal Planner James, Planning Manager Armstrong, Police Chief Goclon, Public Works Director Wheeler, and Deputy Public Works Director Zaitooni. PRESENTATIONS AND PROCLAMATIONS - None ArborDay2003.htm COMMENTS FROM CITIZENS/PUBLIC Nancy Thompson, representative from Progress Energy gave an update on the power restoration. Most customers service should be restored by Thursday p.m. and all customers in the state of Florida should have power restored by next week. City Manager Frank presented a memo reporting the City's status since the hurricane and he thanked Staff for all their effort. Debris management was discussed and the approximate cost to remove the debris will be in the $40,000 range. Without objection, City Commission agreed to have a "Disaster Debris Removal" clause included in future waste contracts. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve up to $50,000 from Solid Waste Contingency Fund for emergency removal of debris for the City residents for the next three weeks. Motion carried 5-0. Scott Glass, Shutts & Bowen, inquired as to the status of the construction of the road, which would connect to what is currently Old Professional Parkway. Community Development Director Wagner said the City has sent a letter to F.D.O.T. requesting more time to respond to their letter, and as of date, the City has had no response from F. D. O. T. Discussion ensued. Commissioner Johnson suggested that Attorney Glass, City Attorney Rosenthal, City Manager Frank, Community Development Director Wagner, and a representative from F.D.O.T. meet to discuss this issue. Without objection, it was the consensus of the City Commission to bring this issue back at the next City Commission Meeting. City Commission Regular Meeting August 17,2004 DRAFT Frances Watts, 43 Shell Key Court, called inquiring about splitting the Kash n' Karry building into two smaller shops. She would like to see it occupied by a food/grocery store and a bakery or sandwich shop. R. P. Mohnacky, 1820 Prairie Lake Blvd., inquired as to the process to remove a tree. Commissioner Parker advised Mr. Mohnacky to contact the Building Department regarding the issue. Pam Helbling, 418 Calliope Street, inquired as to when the new waste service would have the proper garbage trucks to lift the garbage carts. Deputy Public Works Director Zaitooni said the truck should be here in about 90 days. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker Advised homeowners to beware of a Water Quality card that was sent recently in the mail. Do not let a sales person into your home to scare you regarding your water quality. Said to be sure that anyone that repairs your home has the following: 1) permit 2) insurance 3) licensed with certificate. Said the City of Ocoee would be hosting a Blood Drive on Thursday, August 19, in the Community Center parking lot in the morning. Mayor Vandergrift Said he received an e-mail from the West Orange Chamber of Commerce advising the following agencies are in need of assistance due to Hurricane Charley: West Orange Service Center, Red Cross, Second Harvest Food Bank, Mustard Seed, and the Salvation Army. He suggested setting up a canned good donation location in the City of Ocoee. City Manager Frank said a donation location could be arranged. Said the Ocoee Communications Department received donuts and bananas from a City of Ocoee resident and the Communications Department wanted to thank the unknown resident. Said City of Ocoee Police Officer Tom Maroney wanted to thank three Police Explorers for assisting with preparing for and during Hurricane Charley. The three who assisted were Harrison Grogan, Brain Harris, and Scharlene Flener. Commissioner Howell Said several residents told him to pass a word of "thanks" on to the City of Ocoee Police Department for helping residents during Hurricane Charley. Mayor Vandergrift announced that Staff pulled Item C of the Consent Agenda. CONSENT AGENDA A. Approval and Acceptance of the Minutes of the City Commission Regular Session of August 3, 2004. (Acting City Clerk Brasher) B. Approval and Authorization of Forest Trails Subdivision Plat; and Authorization for Mayor and Acting City Clerk to Execute Plat. (Public Page 2 of 13 City Commission Regular Meeting August 17,2004 DRAFT Works Director Wheeler) (Continued from July, 2004) This plat is for Forest Trails subdivision, which consists of 120 unit single- family residential development with its associated roads and stormwater management system serving the development. Forest Trails subdivision is located on the north side of Clarcona-Ocoee Road, a quarter of a mile west of Apopka-Vineland Road and directly across from Windstone subdivision. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. C. Approval and Authorization of Ridge South Subdivision Plat; and Authorization for Mayor and Acting City Clerk to Execute Plat. (Public Works Director Wheeler) This plat is for Ridge South subdivision, which consists of 2-unit single-family homes located at the south tip of previously permitted and existing Forest Ridge subdivision and west of the cemetery. Access to these two lots is through Forest Ridge subdivision, which is located on the east side of Lakewood Avenue and across from FX Scenery & Display, Inc. through Walnut Ridge Avenue to Basking Ridge Court. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. D. Approval and Authorization for Mutual Aid and Automatic Aid Agreements for Fire Protection and Rescue Services between Orange County and the City of Ocoee; and Authorization for Mayor and Acting City Clerk to Execute Agreements. (Assistant Chief McNeil) The Mutual Aid Agreement is an updated document prepared to replace the current agreement that was executed by both parties on May 19, 1998. It assures that both agencies comply with current NFPA Safety Standards. This Mutual Aid Agreement gives both agencies access to additional resources from the other agency that are not sent immediately through the Automatic Aid Agreement. These additional resources must be requested and authorized prior to them being dispatched to respond. The Automatic Aid Agreement gives both agencies an immediate response of the closest available units from either or both agencies for an emergency. The Automatic Aid Agreement is an efficient and cost effective way for both agencies to meet the requirements of NFPA Standard 1710, which addresses response time and staffing levels. E. Approval and Authorization of McKev Street Project Change Order#1 for the Amount of$16,025 for Gibbs & Register, Inc. for Modifications to the Water Main and Distribution System; and Authorization for Mayor and Acting City Clerk to Execute Change Order. (Deputy Public Works Director Zaitooni) Contract B04-07 was awarded to Gibbs & Register on June 15, 2004, which included the replacement of the existing 6" water main on McKey Street. The details of the existing water main and distribution system were relatively unknown at the time of the design due to the age of the system. As the south side of McKey Street was excavated, it became apparent that modifications to Page 3 of 13 City Commission Regular Meeting DRAFT August 17,2004 the design of the main and distribution system would be necessary. The additional $16,025 is available from the Water R & R Funds. F. Approval and Authorization for Increase of the Contract with Burton & Associates, Inc. for Professional Services in the Amount of$6,765. (Public Works Director Wheeler) Burton & Associates, Inc. was employed in 2003 to perform a Utility Rate Study to evaluate current and projected revenues verses expenses and to propose a new rate structure to meet future revenues and the requirement of water conservation inclined rate by the St. Johns River Water Management District. During the performance of the work for that study, Burton & Associates, Inc. was asked to perform additional work, which exceeded their compensation amount. The Public Works-Engineering staff recommends that the City Commission approve the increase to the contract with Burton & Associates, Inc. for the extra work performed during the Utility Rate Study in the amount of$6,765. G. Approval and Authorization for Intent to Annex for Water Service; and Authorization for Mayor and Acting City Clerk to Execute Annexation Agreement. (Public Works Director Wheeler) 1) Arlid and Susan Johansen at 122 11th Avenue 2) Manuel Novoa at 1527 Clarcona-Ocoee Road 3) Jeffrey and Jessica Cockcroft at 1451 Clarcona-Ocoee Road 4) Christopher and Donna Metherall at 420 first Street All applicants approached the City for utility service. The properties are currently within Unincorporated Orange County and are not contiguous to the City limits. However, the properties are inside the City's JPA boundary, Water & Sewer Territorial Boundary, and City Limits. The Public Works- Engineering Staff recommends the Mayor and City Commission approve of this Intent to Annex. H. Approval and Authorization of Submission of Alternative Water Supply Construction Cost-Sharing Grant Applications to St. Johns River Water Management District (SJWMD) for the Waterside and Silver Glen Subdivisions Reuse Retrofit Projects and the Construction of the Reuse Main in the Old Winter Garden road Project. (Public Works Director Wheeler) The Public Works-Engineering staff has three projects, which qualify for possible funding under the SJRWMD Alternative Water Supply Cost-Sharing program. Those three projects are the Waterside and Silver Glen subdivisions reuse retrofit projects and the reuse main construction under the Old Winter Garden Road project. These projects will aide in the reduction of potable water for irrigation and allow the city to meet its Consumptive Use Permit with the SJRWMD. These projects are totally funded by the 2003 Utility Bond at this time. Commissioner Parker, seconded by Commissioner Johnson, moved to approve items A, B, D, E, F, G, and H from the consent agenda. Motion carried 4-0 with Commissioner Anderson away from the dais. Page 4 of 13 City Commission Regular Meeting August 17,2004 DRAFT The following item was taken out of order. OTHER BUSINESS Request for Reduction of Fine and Release of Lien on Code Enforcement Board Case No. 93-09, Jerry L. Jones. (Building Official Phelps) Building Official Phelps presented the Staff Report for Code Enforcement Case No. 93-09, Jerry L. Jones. Staff's recommendation is to recoup costs involved in this case. Jerry L. Jones, 801 W. Harbour Court, stated he needs to get a home equity loan in order to pay the expenses of his deceased wife and he is unable to get the loan until the lien is released. City Attorney Rosenthal said the actual out of pocket expenses for the City was approximately $25,000. City Attorney Rosenthal further stated that Mr. Jones constructed a fence in the safe site triangle, which was contrary to the City Code. Mr. Jones was brought before the Code Enforcement Board, who ordered Mr. Jones to remove the fence and Mr. Jones refused to remove the fence. Mr. Jones challenged the City in a number of proceedings, which took several years. In October 1999, the Circuit Court of the Ninth Judicial Circuit in Orange County entered a Final Judgment against Mr. Jones in the amount of $22,388.91, and interest at a rate of 10% a year and in December 1999, a Final Judgment was entered against Mr. Jones in the amount of $10,553, and interest at a rate of 10% a year. The City has not collected any monies from Mr. Jones. Commissioner Johnson said he would like to see the lien released and a reduction in fine. Commissioner Johnson, seconded by Commissioner Howell, moved to accept payment in the amount of $5,000 in full satisfaction of the Final Judgments issued in connection with the City of Ocoee vs. Jerry L. Jones, Case No. CI98-456 in the Circuit Court for the Ninth Judicial Circuit, in Orange County, Florida, and to authorize the legal counsel and Mayor and City Clerk to execute all documents necessary in connection therewith. Motion carried 4-1 with Mayor Vandergrift voting no. Recess 8:30 p.m. - 8:45 p.m. PUBLIC HEARINGS Second Reading of Ordinances Oak Trail Reserve PUD Ordinance No. 2004-17, Rezoning/Land Use Plan and Development Agreement (Community Development Director Wagner) City Attorney Rosenthal read by title Ordinance No. 2004-17. Community Development Director Wagner presented the staff report for the Oak Trail Reserve PUD, Rezoning/Land Use Plan, and Development Agreement. The 38.6- acre project is proposed to include a maximum of 60 single-family units and 80 Page 5 of 13 City Commission Regular Meeting August 17,2004 DRAFT townhomes. This project also includes a small recreation area near the Clarke Road entrance, and an upland buffer conservation area that will be preserved in its natural state. Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff recommends that the Mayor and City Commission adopt Ordinance No. 2004-17, approving the Rezoning from R-1AA to PUD and approving the Land Use Plan for the Oak Trail Reserve PUD, as date stamped received by the City on June 24, 2004, including approval of the Development Agreement, and authorizing the Mayor and City Clerk to execute said Agreement on behalf of the City. City Attorney Rosenthal stated the Development Agreement takes the Conditions of Approval and the PUD and combines them into a Development Agreement so property owners would be on record for notice of the Conditions of Approval. Cecelia Bonifay, representing the developer, stated she is present to answer questions the City Commission may have. The public hearing was opened. Cindy Cox and Vicki Vance, representing residents residing at 9311, 9317, 9337, 9323, and 9335 Trout Lake Road, voiced their concerns regarding traffic, pollution, wildlife and access off Hobson Road. Patricia Tice, representing the developer, stated the density was shifted south so the heavy density would be towards Clarcona-Ocoee Road and the lighter density would be to the north. She further stated there would not be a traffic signal at Clarke Road until there is enough volume on Clarke Road. Robert Gonzalez, representing Center Lake Property, stated the homes would be in the $200,000 - $300,000 price range. R. P. Mohnacky, 1820 Prairie Lake Blvd., inquired as to the lot size of the townhomes. Erica Thompson, 462 Fern Meadow Loop, voiced her concerns with the development that will affect the wetlands and endangered species. The public hearing was closed. Commissioner Parker, seconded by Commissioner Anderson, moved to adopt Ordinance No. 2004-17, approving the Rezoning from R-1AA to PUD and approving the Land Use Plan for the Oak Trail Reserve PUD, as date stamped received by the City on June 24, 2004 and subject to the execution of the Development Agreement. Motion carried 4-1 with Commissioner Howell voting no. Commissioner Parker, seconded by Commissioner Anderson, moved to approve the Development Agreement for Oak Trail Reserve PUD with Center Lake Properties, LTD., and authorizing execution thereof by the Mayor and City Clerk. Motion carried 5-0. Page 6 of 13 City Commission Regular Meeting August 17,20041 DRAFT1-�j T Westridge PUD Ordinance No. 2004-18, Small Scale Comprehensive Plan Amendment City Attorney Rosenthal read by title Ordinance No. 2004-18. Community Development Director Wagner presented the staff report for the ±8.4- acre Parcel "A" of Westridge PUD. The amendment would change the Future Land Use Map designation from City of Ocoee "Low Density Residential" to City of Ocoee "Commercial". This property is located in the northwest portion of the larger Westridge PUD. The entire project is located at the southeastern corner of the intersection of Maguire and Moore Roads. The City has had a South Maguire Road Corridor Analysis done for the area. While taking into consideration the comments and action of the Planning and Zoning Commission, based on a technical analysis, Staff recommends the Mayor and City Commission deny Ordinance No. 2004-18 that would change the future land use classification on the ±8.4-acre Parcel "A" of the Westridge PUD from the City of Ocoee "Low Density Residential" to the City of Ocoee "Commercial". Whit Blanton, representative from Renaissance Planning Group, presented the South Maguire Road Corridor Analysis and stated that the capacity of Maguire Road will exceed the projected capacity sooner than anticipated. Changing the zoning and adding more intensity will exasperate the traffic capacity. Community Development Director Wagner said this project would make the traffic situation worse than it already is. He further stated there is ±400,000 square feet of property already zoned commercial and there are ±136-acres of existing commercial property in a 11/2 mile area. Community Development Director Wagner said Maguire Road is designed for 34,000 vehicles a day and the vehicle count is already 20,000 a day. He further stated there is a tremendous amount of traffic coming from the surrounding areas. For the record, Commissioner Parker stated there is development approved for this area. Community Development Director Wagner stated 245 dwelling units were originally approved and this project would reduce the dwelling units down to 152. City Attorney Rosenthal announced that the following items must be considered: I. Small Scale Comprehensive Plan Amendment J. Revised Land Use Plan K. Preliminary Subdivision Plan L. Second Amendment to the Developer Agreement If Ordinance No. 2004-18 were not passed, action would not be necessary on the other items for consideration. Dwight Saathoff, Akerman Senterfitt, representing the applicant, stated the applicant is proposing construction of 152 homes with a gated community with brick walls and the Page 7 of 13 City Commission Regular Meeting August 17,2004 A F " design is comparable to Belmere. Mr. Saathoff further stated the developer is willing to donate right-of-way on Maguire Road, donate right-of-way on Moore Road, donate 7th Avenue right-of-way, pre-pay impact fees, restrict commercial uses, and tile roofs for the commercial property. Brent Lacey, representing the developer, stated there is existing capacity available for this plan. The public hearing was opened. Mayor Vandergrift announced that he received 19 e-mails regarding the Westridge PUD, 10 were in favor of, and 9 were against the project. Debra Thompson, 462 Fern Meadow Loop, spoke in opposition of any development. Erica Thompson, 462 Fern Meadow Loop, spoke in opposition of any development. Ann Popp, 1018 Parkwood Cove, Gotha, spoke in favor of the rezoning and is in favor of the developer paving 7th Avenue along as long there is curb and gutter. Ms. Popp further stated that she has been told by Teresa Jacobs that the County will contribute money towards the paving of 7th Avenue. Norbert Weller, 3312 Kentshire Blvd., spoke in opposition of the project. John Andrews, 93 Braeloch Drive, presented a petition with 33 signatures of those who are opposed to the project. Felipe Poma, 400 Calliiope Street, spoke in opposition of the project. Sharon Wolber, 1724 Windermere Down Place, Windermere, said she agrees with everything that has been said and urged the Commission not to permit development on the land. David Godfrey, 1012 Parkwood Cove Court, spoke in favor of the rezoning. Mary Williams, 3157 Kentshire Blvd., voiced her concerns with the commercial property. Donna Huebsch, 9628 Crown Prince Lane, Windermere, voiced her concerns with the impact of this project on the area. Toni Daylor, 10231 Windermere Chase, Gotha, voiced her concerns with the over crowding of the schools but asked the Commission to enter into a capacity agreement with the school board. Scott Boyd, 7586 Sandlake Road, Orlando, spoke in favor of the rezoning. Alice Lines, 452 Fern Meadow Loop, spoke in opposition of any commercial development. Rita Watson, 3071 Kentshire Blvd., spoke in opposition of the commercial development. Teresa Barr, 109 Braeloch Drive, spoke in opposition of the commercial development. Steve Lister, 450 Fern Meadow Loop, spoke in opposition of the commercial development. Page 8 of 13 City Commission Regular Meeting August 17,2004 177,4 F Pam Helbling, 418 Calliope Street, said the developer should not be dangling 7th Avenue in front of the City and the tax dollars received from the Windsor Landing Subdivision would be more than enough to cover the legal expenses for the condemnation of the 7th Avenue right-of-way. Harry Strange, 1177 7th Avenue, spoke in favor of the commercial development and stated his concerns regarding 7th Avenue. Larry Routherstein, 96 Braelock Drive, spoke in opposition of the commercial development. Dwight Saathoff, representing the developer, proposed a financial partnership with the County regarding the paving of 7th Avenue. Mr. Saathoff further stated he estimated the costs of paving, curbs, and gutter to be between $160,000 - $200,000. Developer Gordon Nutt, stated he would contribute $75,000 towards the costs of 7th Avenue, commit to constructing a brick wall on the south boundary extending to the wetlands, and restrict the uses for the commercial property to a drugstore with limited operating hours, a bank, a restaurant, or a retail store. Mr. Nutt further stated allowing residential land use on the corner would not be a wise choice. Dwight Saathoff said standard drugstore operating hours would be 7:00 a.m. to 11:00 p.m. and all homes would have tile roofs. Recess 11:50 p.m. — 12:00 a.m. City Attorney Rosenthal summarized the discussion between the developer and Commissioner Anderson. The developer is willing to commit to the following: A. Continue the existing paving and curbing south to Thornbrooke Elementary School. B. Based upon the County paying $40,000 towards paving costs, the developer would pay in advance the balance in cash, up to $160,000 for a $200,000 cost and if the project costs exceed $200,000, the developer would pay an additional $25,000 pre-paid road impact fees. City Attorney Rosenthal said the estimated fees are based on the assumption that the proposed drainage plan on 7th Avenue works effectively. The public hearing was closed. Commissioner Anderson, seconded by Mayor Vandergrift, moved to approve Ordinance No. 2004-18, Small Scale Comprehensive Plan Amendment, subject to approval of Ordinance No. 2004-19, Preliminary Subdivision Plan for the Westridqe PUD and the Second Amendment to the Second Developer Agreement, along with such changes to be required by the Ocoee City Commission and subject to execution by the Developer of the Second Amendment to the Second Developer Agreement as approved by the Ocoee City Commission; with the understanding that Ordinance No. 2004-19, Page 9 of 13 City Commission Regular Meeting August 17,2004 DRAFT Second Revised Land Use Plan Amendment and the Preliminary Subdivision Plan would be approved per Staff recommendation with approval of all Waivers except Waiver#5, require the Developer to continue the brick wall along the southern part of the property to the wetlands, require the Final Subdivision Plan to provide additional buffering and landscaping adjoining the Commercial and Office site on the south side of the entry road in order to screen the Commercial/Office site from residential development to the south, and restrict the Commercial site development with the two (2) outer sites being restricted to drug store, bank, restaurant, or professional office use; the middle Commercial site being restricted to only restaurant or retail; and with the restriction of drug store hours of operation being 7:00 a.m. to 11:00 p.m.; require tile roofs on all homes and with the developer making a contribution towards the cost of paving 7th Avenue with curb and gutter and sidewalks on both sides of the street, based upon the County paving the first $40,000, the Developer paying project costs up to $200,000 or $160,000 cash and if the project costs exceed $160,000 the Developer will pay an additional $25,000 in Road Impact Fee credits for a total of $225,000 and with the City of Ocoee being responsible for any costs in excess thereof and with the timing of any cash payment being 30 days after the approval of the Ordinance, which would be the expiration of the appeal period, which would also be contemporaneous with the conveyance of the 7th Avenue right-of-way, with no appeal pending, and with the additional requirement that if a 30 day appeal is presented, the Ocoee City Commission would regroup. Motion carried 3-2 with Commissioners Howell and Johnson voting no. Ordinance No. 2004-19, Second Revised Land Use Plan Amendment City Attorney Rosenthal read by title Ordinance No. 2004-19. City Attorney Rosenthal further stated that all comments from the previous public hearing regarding Ordinance No. 2004-18 and Staff comments would carry forward to Ordinance No. 2004-19 and the recommendation of approval would include additional revisions. Community Development Director Wagner presented the staff report for Ordinance No. 2004-19, Second Revised Land Use Plan Amendment. The public hearing was opened and it was noted that the comments made from the previous public hearing regarding Ordinance No. 2004-18 were carried forward to apply to this ordinance as well. The public hearing was closed. Commissioner Anderson, seconded by Mayor Vandergrift, moved to approve Ordinance No. 2004-19, Second Revised Land Use Plan Amendment, with the following changes being made to the Land Use Plan and Conditions of Approval and with the provision that the text of the changes be subject to approval of the Community Development Director and the City Attorney and the changes would be: approval of all Waivers except Waiver#5, require the Developer to continue the brick wall along the southern part of the property to the wetlands, require the Final Subdivision Plan provide additional buffering and landscaping adjoining the Commercial and Office site on the south side of the entry road in order to screen the Commercial/Office site from residential development to the south, and restrict the Commercial site development with Page 10 of 13 City Commission Regular Meeting August 17,2004 DRAFT the two (2) outer sites being restricted to drug store, bank, restaurant, or professional office use; the middle Commercial site being restricted to only restaurant or retail and with the restriction of drug store hours of operation being 7:00 a.m. to 11:00 p.m.; require tile roofs on all homes as well as the commercial and office properties in the PUD and with the developer making a contribution towards the cost of paving 7th Avenue with curb and gutter and sidewalks on both sides of the street, based upon the County paying the first $40,000, the Developer paying project costs up to $200,000 or $160,000 cash and if the project costs exceed $160,000 the Developer will pay an additional $25,000 in Road Impact Fee credits for a total of$225,000 and with the City of Ocoee being responsible for any costs in excess thereof and with the timing of any cash payment being 30 days after the approval of the Ordinance, which would be the expiration of the appeal period, which would also be contemporaneous with the conveyance of the 7th Avenue right-of-way, with no appeal pending and with the additional requirement that if a 30 day appeal is presented, the Ocoee City Commission would regroup, subject to the approval of the Second Amendment to the Second Developer Agreement, consistent with these revisions. Motion carried 4-0 with Commissioner Johnson away from the dais. Preliminary Subdivision Plan The public hearing was opened and it was noted that the comments made from the previous public hearing regarding Ordinance No. 2004-18 and Ordinance No. 2004-19 were carried forward to apply to this public hearing as well. The public hearing was closed. Mayor Vanderclrift, seconded by Commissioner Parker, moved to approve the Preliminary Subdivision Plan for Westridge PUD, as date stamped received by the City on June 25, 2004, with the condition that the Preliminary Subdivision Plan be revised to be consistent with the Land Use Plan and the Conditions of Approval as set forth in Ordinance No. 2004-19. Motion carried 4-0 with Commissioner Johnson away from the dais. Second Amendment to Second Developer Agreement Commissioner Anderson, seconded by Commissioner Parker, moved to approve the Second Amendment to Second Developer Agreement with Devworth Properties, Inc. and Glenmuir Properties, Ltd., and the City of Ocoee with the provision that the Second Amendment be revised so as to be consistent with Ordinance No. 2004-18, Ordinance No. 2004-19, and the Preliminary Subdivision Plan for the Westridge PUD with the revisions being subject to the approval of the Community Development Director and the City Attorney and the revised Second Amendment be executed by the Developer, and authorizing the execution thereof by the Mayor and City Clerk. Motion carried 4-1 with Commissioner Johnson voting no. Page 11 of 13 City Commission Regular Meeting August 17,2004 DRAFT Recess 11:50 p.m. to 12:00 a.m. Ocoee Crown Point PUD Ordinance No. 2004-16, Land Use Plan/Preliminary Subdivision Plan Amendment (Poer Property Addition). City Attorney Rosenthal read by title Ordinance No. 2004-16. Community Development Director Wagner presented the Staff report for Ordinance No. 2004-16. The public hearing was opened, as no one wished to speak, the public hearing was closed. Commissioner Parker, seconded by Commissioner Anderson, moved to approve Ordinance No. 2004-16, Ocoee Crown Point PUD Land Use Plan/Preliminary Subdivision Plan as amended on June 15, 2004, and date stamped received by the City on June 17, 2004. Motion carried 3-0 with Mayor Vandergrift and Commissioner Howell away from the dais. Second Amendment to Declaration of conditions of Approval Commissioner Parker, seconded by Commissioner Johnson, moved to approve the Second Amendment to Declaration of Conditions of Approval per Staff recommendation and authorize execution by the Mayor and City Clerk. Motion carried 3-0 with Mayor Vandergrift and Commissioner Howell away from the dais. STAFF REPORTS City Manager Frank - None COMMENTS FROM COMMISSIONERS Commissioner Howell - None Commissioner Anderson - None Commissioner Johnson Said a golf tournament will be held on Friday, September 10, 12:30 p.m. at Forest Lake Golf Course as a fundraiser for Teresa Braddy-Bagwell and sponsors are needed. Commissioner Anderson said he would sponsor this event. Commissioner Parker Said the Log Run Court drainage issue has been resolved and there is an excess of $10,000 and she would like to use $7,000 to resurface the cul-de-sac on Log Run Court. Page 12 of 13 City Commission Regular Meeting August 17,2004DRAFT Commissioner Parker, seconded by Commissioner Anderson, moved to approve up to $7,000 for the resurfacing of the Log Run Court cul-de-sac from the remaining funds from the Log Run Court drainage project. Motion carried 3-0 with Mayor Vandergrift and Commissioner Howell away from the dais. Mayor Vandergrift Asked Staff to look into the flooding issue in Windsor Landing Subdivision. ADJOURN The meeting adjourned at 12:40 a.m. APPROVED: Attest: City of Ocoee Brenda Brasher, Acting City Clerk S. Scott Vandergrift, Mayor Page 13 of 13 DRAFT MINUTES OF THE OCOEE CITY COMMISSION BUDGET WORK SESSION HELD AUGUST 23, 2004 CALL TO ORDER. Mayor Vandergrift called the work session to order at 7:05 p.m. in the Commission Chambers. Acting City Clerk Brasher took roll. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Frank, Assistant to the City Manager Shira, Acting City Clerk Brasher, Chief Communications Supervisor Simanski, Community Development Director Wagner, Finance Director Horton, Finance Supervisor Carter, Accountant Bishop, Budget Analyst Brosonski, Fire Chief Strosnider, Assistant Fire Chief Firstner, Human Resources Director Diedrich, Information Systems Director Ross, Parks/Recreation Director Farmer, Police Chief Goclon, Deputy Public Works Director Zaitooni, Public Works Director Wheeler, Fire Inspector Stanley, and Facilities Maintenance Supervisor Reed. ABSENT: None REVIEW AND DISCUSS: BUDGET FY 2004-2005 Page 4-73 Commissioner Johnson said when the Assistant Fire Chief was added he thought a Fire Marshal position was to be added as well. Assistant Fire Chief Firstner said the department has proposed to reclassify one of the Fire Inspectors to Fire Marshal, not add an additional position. City Manager Frank said he was aware of the proposal but funds are limited and the hiring of the new Fire Chief could affect the organizational structure of the department. Finance Director Horton said the cost of the reclassification would be $7,000. Commissioner Johnson and Commissioner Anderson said they would like to see this position in the budget. It was the consensus of the Commission to promote within to fill the Fire Marshal position. Page 4-74 Commissioner Anderson inquired as to why the Rescue Squad #25 goes on every call. Assistant Chief Firstner said the size of the truck does not matter on the nature of the call; the rescue truck goes on every call. Commissioner Parker said she has been saying for years that the City needs to have a vision for the Fire Department. City Manager Frank said a Strategic Planning Session is being planned in September and input from the Commission can be discussed at that time. Commissioner Johnson inquired as to why the Rescue 1 Squad truck is still used. Chief Strosnider said it carries heavy equipment that cannot be carried on the other trucks and the equipment is not always used, but available if needed. Discussion Ocoee City Commission Budget Work Session DRAt' p August 23,2004 ensued regarding the use of Rescue Squad 1. Page 4-78 Commissioner Anderson said he felt the Building Department started having problems when the Office Manager was moved down to a Permitting Clerk. Human Resources Director Diedrich said that position is a pay grade 11, which is a higher pay grade than any other Administrative positions in the City; the pay grade is even higher than the City Manager's Executive Assistant. This individual was compensated in a management capacity and this is a position that is clerical in nature with a maximum of three individuals reporting to them. If the position is moved up, it will destroy the integrity of the clerical support system. Commissioner Howell said adding one Municipal Inspector is not enough and he would like to see more added to the budget. City Manager Frank said this is a tough position to fill due to the pay grade and the salary adjustments that would be needed for the Inspectors already employed by the City. Community Development Director Wagner said it is hard to find qualified individuals to fill the positions. Human Resources Director Diedrich said it is hard to hire certified Inspectors due to the high standards the state has set. Ms. Diedrich further stated the need for City Commission to lobby the Florida League of Cities and the Orange County Management Group to lobby the state to lower the standards because this is a problem across the state. Mayor Vandergrift asked Staff to bring back some information so the Commission can follow up on this issue. Building Official Phelps stated due to the shortage the state has come up with private providers when the private providers were allowed; the state has inflated salaries for Inspectors. Municipalities are not competing against each other; they are competing against private providers. Commissioner Johnson said he would like an additional Code Enforcement Officer added to this budget or add a part-time Code Enforcement beginning October 1 and make them full time mid-year. City Manger Frank said it would be possible to add a Code Enforcement Officer in the budget to start mid-year. City Manger Frank further stated that Code Enforcement should be discussed at the Strategic Planning Session. Commissioner Johnson said he would like the Code Enforcement Officer to start October 1. Mayor Vandergrift said $40,000 would have to be added to the budget to offset the cost of the additional Code Enforcement Officer. A lengthy discussion ensued regarding the hiring of an additional Code Enforcement Officer. Finance Director Horton stated the Building Department generates the 2 DRAFT Ocoee City Commission Budget Work Session August 23,2004 highest amount of fees by department. Ms. Horton clarified that hiring a Code Enforcement Officer will cost ± $48,000, a Municipal Inspector will cost ± $57,000, a Fire Marshal will cost ± $7,000, and up to $12,000 would be needed for equipment for the additional positions. City Manger Frank asked for clarification on what positions are to be added to the budget. It was the consensus of the Commission to add an additional Building Inspector, an additional Code Enforcement Officer, and upgrade a Fire Inspector to Fire Marshal. Commissioner Anderson asked Staff to bring a report back to Commission as to how much revenue a Municipal Inspector brings in annually. A lengthy discussion ensued regarding Municipal Inspectors. Mayor Vandergrift stated that he would like an AM/FM radio broadcast station to notify the public for emergencies and miscellaneous. Page 4-88 Commissioner Anderson asked that additional funds be added to the Cemetery Maintenance line item so the cemetery can be landscaped and irrigated. Parks and Recreation Director Farmer said there is irrigation in the cemetery. Mayor Vandergrift said the Boy Scouts would like to volunteer to clean up the cemetery. Commissioner Johnson said the cemetery rules and regulations need to be enforced. Parks/Recreation Director Farmer said staff attended a Cemetery Workshop and a proposal for the cemetery will be brought before Commission. Commissioner Anderson Said he would like to see the sidewalk on Ocoee-Hills Road widened to five feet instead of the planned four feet. City Manager Frank said it would make sense to widen the sidewalk to five feet if right-of-way permits. Said he would like to a lighted marquee that can be seen from both directions on Bluford Avenue. Voiced his concerns with the reclassification in the Human Resources Department. Said he would like to see the percentage of police officers in the City compared to the percentage of police officers in other municipalities of the same population. Commissioner Johnson said he would like to see the percentage per officer, per department. City Manager Frank stated that the Commission has entrusted him to be the City Manager and to make recommendations regarding the budget and personnel issues 3 DRAFT Ocoee City Commission Budget Work Session August 23,2004 and what is proposed in the budget is what he needs to run the City correctly for the 2004-2005 fiscal year. Commissioner Johnson Said he would like a list of all job reclassifications for the past six years. Said he would like the employees to receive a 3% merit increase this year and 4% next year. Budget Analyst Brosonski said the additional 1% increase would cost an additional $50,000. A lengthy discussion ensued regarding merit increase, pay for performance increase, and longevity. Commissioner Howell said he was in favor of a 3% merit increase. Commissioner Parker said she was in favor of a 3% merit increase. Mayor Vandergrift said he was in favor of longevity. Commissioner Anderson said he was in favor of a 3% merit increase. Commissioner Johnson said he would like each department to establish the costs of the infrastructure for the new high school. Commissioner Howell - None Mayor Vandergrift Asked City Manager Frank if he had any suggestions for improvement for the next budget cycle. City Manager Frank said he may make some recommendations at a later date. ADJOURN The budget work session adjourned at 9:55 p.m. APPROVED: Attest: City of Ocoee Brenda Brasher, Acting City Clerk S. Scott Vandergrift, Mayor 4 D AFT MINUTES OF THE OCOEE CITY COMMISSION BUDGET WORK SESSION HELD AUGUST 16, 2004 CALL TO ORDER. Mayor Vandergrift called the work session to order at 7:07 p.m. in the Commission Chambers. Acting City Clerk Brasher took roll. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Frank, Assistant to the City Manager Shira, Acting City Clerk Brasher, Chief Communications Supervisor Simanski, Community Development Director Wagner, Finance Director Horton, Finance Supervisor Carter, Accountant Bishop, Budget Analyst Brosonski, Customer Service Supervisor Sills, Fire Chief Strosnider, Assistant Fire Chief Firstner, Support Division Chief McNeil, Human Resources Director Diedrich, Information Systems Director Ross, Parks/Recreation Director Farmer, Police Chief Goclon, Deputy Public Works Director Zaitooni, and Public Works Director Wheeler. ABSENT: None REVIEW AND DISCUSS: BUDGET FY 2004-2005. City Manager Frank opened the discussion by stating the budget was a tremendous effort by the Finance Department, Department Directors, and Managers. The FY 2004- 2005 budget presented maintains the 4.5789 millage rate, which includes a 3% cost of living adjustment (cola) and a 2% possible merit increase for staff. Included in the budget are proposed new job positions and job reclassifications as well as several capitol projects. Commissioner Anderson inquired as to why the personnel costs are 61% of the budget. City Manager Frank said it is typical for most municipalities/government entities to run in the 70% range for personnel costs. Mayor Vandergrift addressed the water conservation program as well as the hiring of an employee to address the conservation program. He suggested calling the new position "Consumer Advocate" or something similar. Commissioner Parker stated the Landscape Ordinance Committee asked that the City add an additional employee to fill the position, not to use an employee that has additional job duties. Commissioner Anderson said he would like the City to hire someone in the private sector to run the water conservation program. Commissioner Parker said the following issues should be addressed when hiring from the private sector: 1) The City would loose control of the program 2) Time would be split between other firms 3) A premium rate would be paid to the private sector. A lengthy discussion ensued regarding the water conservation program. DRAFT Ocoee City Commission Budget Work Session August 16,2004 City Manager Frank said he had concerns using the job title "consumer advocate" as the job title should cover water conservation for the residents as well as the City. The review proceeded page by page with Staff responding to questions and explaining details. Page 4-12 Commissioner Anderson inquired as to what the Professional Services pertained to. Finance Director Horton said $6,000 is for Strategic Planning and $20,000 is for the Commercial Redevelopment Area (CRA) administration. Mayor Vandergrift asked why the telephone budgets have risen in every department. Finance Director Horton said due to air cards for the laptop computers and for Nextel telephone service. Page 4-17 Commissioner Anderson inquired as to what small equipment would be purchased and Mayor Vandergrift inquired as to what the Public Relations Department funds are for. Assistant to the City Manager Shira stated that the small equipment line is for any emergency equipment purchase and the Public Relations Department line is to produce the City calendar and an annual report for residents. Commissioner Johnson inquired as to what title Deputy City Clerk or Assistant to the City Clerk is standard in the City Clerk field. City Manager Frank stated the Assistant City Clerk is the assistant and a Deputy City Clerk is higher than an Assistant to the City Clerk. Commissioner Johnson said the wages should be adjusted for the Deputy City Clerk. City Manager Frank said it has been proposed to increase the Deputy City Clerk from pay grade 12 to pay grade 14 and the other Deputy City Clerk would be reclassified to Assistant to the City Clerk. Commissioner Johnson further inquired as to the pay scale of the Deputy City Clerk. Human Resources Diedrich stated it is proposed to change the pay grade 12 to a 14. Page 4-25 Commissioner Johnson said he would like to have a full time person instead of a part- time person at the Utility Counter. Finance Director Horton said the part-time position would get about 35 hours a week and the full time position would be approximately $11,000 a year more than budgeted. Commissioner Johnson said he would like to see mid-year how many hours the part-time person has worked and Commissioner Parker said she would like to see if there is any turnover in the part-time position. Page 4-32 Human Resources Director Diedrich said that $3,000 would need to be added to the budget for over time because the Department of Labor has disqualified the Technical 2 DRAFT Ocoee City Commission Budget Work Session August 16,2004 Support Trainers as exempt employees. Page 4-37 Commissioner Anderson inquired as to what services would be provided for $15,000 under Contractual Services. Finance Director Horton said the $15,000 is for a Wage Study. Discussion ensued regarding the Wage Study process. Mayor Vandergrift inquired as to why the dollar amount of Administrative Expenses rose. Human Resources Director Diedrich said this line item covers employee physicals and advertising costs. Page 4-44 Commissioner Anderson asked Community Development Director Wagner if additional staff was needed for plan review. Community Development Director Wagner said development review comes in cycles and he is not asking for additional staff but that could change later. Page 4-54 Commissioner Anderson said he is not convinced that full size vehicles are necessary. City Manager Frank stated that City has every type of vehicle in its' fleet and it would be best to start to standardize the fleet. Commissioner Howell said a full size vehicle lasts longer than a small vehicle. Mayor Vandergrift suggested looking into purchasing Hybrid vehicles when feasible. Page 4-59 Commissioner Anderson advised Deputy Public Works Director Zaitooni to make sure the replacement of the Community Center air conditioning is the appropriate size unit to cool the building. Page 4-67 Commissioner Anderson inquired as to why the City is not adding additional police officers to address the population increase. Police Chief Goclon said the State average is 2.6 per 1,000 and the City is at 2.3 per 1,000. City Manager Frank said without raising the millage rate, there is only so much money to go around and this issue will be addressed next year. Mayor Vandergrift inquired as to why the Orange County Sheriff's Department does not provide resource officers for the schools. Police Chief Goclon said the Sheriff Department has no extra officers for the schools. Commissioner Johnson stated that 75% of the students come from outside the City limits and he would like a cost analysis done to show how much it costs to provide resource officers for the schools. Commissioner Anderson said he would like three or four additional police officers 3 Ocoee City Commission Budget Work Session August 16,2004 added, not including school resource officers. Mayor Vandergrift said the Police Department vehicle parts and repair line item has doubled in the past year. City Manager Frank said there have been vehicles added to the fleets so there would be an increase in the vehicle parts and repair line item. ADJOURN The budget work session adjourned at 9:04 p.m. APPROVED: Attest: City of Ocoee Brenda Brasher, Acting City Clerk S. Scott Vandergrift, Mayor 4