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HomeMy WebLinkAboutItem 01 Approval and Acceptance of the Regular City Commission Minutes of March 15, 2005, and April 5, 2005 AGENDA 4/19/05 ITEM 1 MINUTES OCOEE CITY COMMISSION March 15,2005 at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Pastor Larry W. Weir of Grace Community of Faith Church gave the Invocation, and Annie Beth Nuance, 8th Grader from Karver Middle School, led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner Johnson, and Commissioner Parker. Also Present: City Manager Frank, Assistant City Attorney Storey, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS Presentation - Police Explorers to Award Ofc. Maroney with a Plaque for his Hard Work and Dedication with the Police Explorers Program. Presentation - Residential (Garbage, Recycling, and Yard Waste) Route Reconfiguration. (Public Works Director Zaitooni) I Co COMMENTS FROM CITIZENS/PUBLIC None I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker - announced two community-wide yard sales in District 4: Prairie Lakes on April 23rd, and Sawmill on April 19, 2005. Commissioner Johnson- none Commissioner Anderson - thanked everyone who participated in the boat races, he said it was a great success, and the Women's Club and Lions Club raised money for their organizations. Commissioner Howell - none Mayor Vandergrift - 1) introduced City Attorney Storey, who was filling in for regular City Attorney Rosenthal who is on vacation, 2) announced the City's "Relay for Life" team, who raised over $5000.00 so far for the American Cancer Society, and invited people to attend one of their fundraiser events at Benchwarmer's Sports Bar on March 19,2005, and to attend the final Event at West Orange High School on April 7 & 8, 2005, and 3) read an email from a new teacher at Ocoee High School who said the City of Ocoee and the Mayor have made him feel excited not just about his new job, but about being part ofthe community. City Commission Regular Meeting March 15,2005 I CHANGES AND DELETIONS I Significant changes were made to the order items were heard from the order on the original published agenda. Items were heard in the following order: 1,4,5,6, 7, 8, 9, 3, 14, 15, 10, 11, 12, 13,2, 18, 19,16, and 17. Items 20 & 21 were postponed. I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of March 1, 2005. (City Clerk Eikenberry) 2. Consideration for Staff to Precede with a Boundary & Topographic Survey, and Phase I Environmental Site Assessment for the FDOT Surplus Property. (Senior Planner Fabre) This item was removed from the consent agenda and discussed separately after Item #15 Consideration of Resolution Increasing the Commission Stipend. (City Manager Frank) This item was removed from the consent agenda and discussed separately after Item #9 4. Consideration of Bid #05-06,Ci 'de. Rigl1t-of..Way MowiIlg (3..YearContract) to Markha ods Landscapi e Amo1lnt of .00/Acre,FirstAnnualAmouIltof $69,303.0 . (purchasingAgen Tolbert) This is a re-bid from earlier this fiscal year. The scope of work has been revised to include reducing the frequency and grouping services in order to come within budget. Staff recommends that the City Commission award a three (3) year contract for the mowing, edging, trimming, weed control, and trash and debris removal of City right-of-ways. The budget includes $60,000 for these services. Staff recommends awarding the bid to Markham Woods Landscaping as the most responsive and responsible bidder. ConsiderationofRFP#05..00 Con a Comprehen.sive Colllpensalion a.nd ClassificationStudytoHR emen artn nc.ulthe .A.1ll01lnt of $27,576.16; and Authorize. the T er of $12,576.16 eneralF1Ind (jontingencyto HR Department Contrac ual SerVices Account to Sllpplementthe$15,OOO.OO.All'eady B1Idgetedfor these Consulting Services... (purchasing Agent Tolbert) In compliance with policies and procedures of the City ofOcoee Purchasing Code Chapter 21, a Request for Proposals (RFP) was advertised with the intention to select a firm deemed to be the most highly qualified to conduct a comprehensive compensation and classification study. The budget contains $15,000 for these services. Therefore, Staff is requesting transfer of$12,576.15 from the general fund contingency to the Human Resources Department's contractual services account to fund these services. After interviews and committee discussion, the selection committee voted unanimously to select HR Management Partners, Inc. to conduct the City's Compensation and Classification Study. Consideration of Phase l..Ocoeellllsiness:park Final Plat. < (City Engineer Wheeler) This plat is for Ocoee Business Park Phase 1, which consists of Lots 1 and 2, a 15.66 acre industrial development. Ocoee Business Park, Phase 1 is located west of and adjacent to HM Bowness Road and just north of the City of Ocoee Public Works Complex. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. Page 2 of 14 City Commission Regular Meeting March 15,2005 7. Considerati()nof WestynBay TownhOln.es FillalPlat. (CityEngineerWbeeler) This plat is for Westyn Bay Townhomes, which consists of a 172 unit multi-family residential development. Westyn Bay Townhomes are located at the northwest comer ofOcoee-Apopka Road (S.R. 437) and West Road and east of Lake Apopka. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. 8. Considerationof.QcoeeComUlOnsPUD FinaJPlat. (City Engineer Wheeler) This plat is for Ocoee Commons PUD, which consists of 74.29 acres of single family, multi-family and commercial development. Ocoee Commons PUD is located at the northeast comer of Colonial Drive (State Road 50) and Blackwood Avenue. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. 9. Consideration ofC113nge .Qrder No. 2 with Prime Construction Group,lnc. for Old Winter Garden RoadlPl"ofessi()JlalParkway Project. (CityEngineerWbeeler) The Old Winter Garden Road/Professional Parkway project included upgrades to the Orange County Utility system, addition of a reuse system, and improvements to the existing utilities and stormwater systems within the road project limits. Change Order No.2 includes eleven changes to the Orange County Utility system, three changes to the reuse system, and five changes to the overall road project. Details of the proposed changes are included in the attached copy of the Change Order No.2. The amount of the change order is an increase of $56,228.14, with no adjustment in contract time. Mayor Vandergrift announced that staff wished to pull Item #2 from the consent agenda for clarification of the staff recommendation. Commissioner Howell. seconded bv Commissioner Parker made a motion to pull Item #3 from the Consent Agenda for discussion. Motion carried 5-0 Commissioner Johnson. seconded bv Commissioner Anderson approved Consent Agenda Items 1.4.5.6.7.8. and 9 as presented. Motion carried 5-0. 3. (TIonsiderationof Resolution Increasingithe Cotnmission Stipend. (City Manager Frank) .(Thisitem removed was f1'o1flconsent agenda tobeh.eard se'pa1'lltely) In November 2001, the Commission adopted Resolution 2001-13, changing the monthly stipends to the Mayor and Commission for local travel and local expenditures incurred in the performance of official business on behalf of the City. The monthly stipend was increased to $400.00 for the Mayor and $325.00 for the Commissioners. With increased local events and meetings, the monthly stipend has not been enough to cover local expenditures, and the Mayor and Commission have incurred out-of-pocket expenses in order to attend such meetings. Commissioner Parker said that she feels that her current stipend amount is enough. Commissioner Anderson agreed that he does not need more money, but feels the Mayor probably does need an increase due to all of the events he attends. Commissioner Howell said he is not comfortable taking an increase at a time when they have had to increase many fees to the residents. Mayor Vandergrift said that, as a member of the Board of West Orange Chamber of Commerce, he has to attend many events with fees of $26 - $30, and would like all Commissioners to receive reimbursement for these events to help increase attendance. Commissioner Howell suggested that anyone who goes over the stipend in a given month should be able to submit receipts for reimbursement. Commissioner Parker said they would need to keep receipts for mileage and events to prove they went over the stipend amount. City Manager Frank said we would bring back a resolution from the City Attorney making the suggested amendments. Page 3 of 14 City Commission Regular Meeting March 15,2005 Commissioner Howell, seconded by Commissioner Anderson moved to table this item, and have the City Attorney bring back a resolution or ordinance amending the current policy and allowing Commissioners to receive reimbursement for local expenditures over the amount of the stipend in any given month. Motion carried 5-0. I F. PUBLIC HEARINGS Mayor Vandergrift announced that he was moving Items #14 and #15 to the front of the Public Hearing agenda because there are many residents in attendance who wish to speak on this matter. 14. Grace Community of Faith Church. (Principal Planner James) This item was moved up on the Agenda to be heard after the Consent Agenda and before Items #10 - #13 Principal Planner James introduced the item and gave a presentation regarding the annexation, rezoning, and the special exception. a. Annexation Ordinance Mayor Vandergrift opened the Public Hearing. Jeanese Wells, 2506 Johio Shores Road, asked why the City was annexing and what was the value to the City, to which Mayor Vandergrift said we welcome anyone who wants to be a part of our community. Commissioner Anderson added that there is a joint planning agreement with Orange County, which defines boundaries where the City will expand and the church is within those boundaries. Commissioner Parker said that we can now control the standards by which they build and landscape. Mayor Vandergrift closed the Public Hearing. Commissioner Howell, seconded by Commissioner Parker adopted ordinance 2005-001 on second reading, approving the annexation of approximately 6.92 acres of real propertv into the corporate limits of the Citv of Ocoee. Motion carried 5-0. The ordinance, as adopted on second reading carries the following title: ORDINANCE 2005-001 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 6.92 ACRES LOCATED SOUTHWEST OF THE SILVER STAR ROAD AND OLD SILVER STAR ROAD INTERSECTION AND EAST OF JOHIO SHORES ROAD 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. Page 4 of 14 City Commission Regular Meeting March 15, 2005 b. Rezoning Ordinance Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing. Commissioner Anderson, seconded by Commissioner Howell adopted ordinance 2005-002 on second reading, approving the changed zoning classification from Orange County RC-E "Residential-Country Estate" to Ocoee R-1-AA "Single Family Dwelling Motion carried 5-0. The ordinance, as adopted on second reading carries the following title: ORDINANCE 2005-002 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY RC-E, "RESIDENTIAL-COUNTRY ESTATE" TO OCOEE R-l-AA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 6.92 ACRES LOCATED SOUTHWEST OF THE SILVER STAR ROAD AND OLD SILVER STAR ROAD INTERSECTION AND EAST OF JOHIO SHORES ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH WNING 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. PUBLIC HEARING ONLY - No ORDINANCE c. Special Exception (Public Hearing Only - No Ordinance) Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing. Commissioner Howell, seconded bv Commissioner Anderson, moved to approve the special exception based on staff recommendation to approve with three provisions included. Motion carried 5-0. 15. Grace Community of Faith Church - Large-Scale Preliminary Site Plan. (Senior Planner Fabre) This item was moved up on the Agenda to be heard after the Consent Agenda and before Items #10 - #13 Senior Planner Fabre gave a presentation on the proposed Large-Scale Preliminary Site Plan. Mayor Vandergrift opened the Public Hearing. Gary Thomas, 2641 Florence Street, said the plans have changed since the ones that were presented at the Zoning Commission in Orange County. The Zoning Commission said that turn lanes would need to be added for approval off Silver Star to Johio Shores, and off Johio into the Church parking lot. Page 5 of 14 City Commission Regular Meeting March 15,2005 A vis Pierdominici, 2806 Mauldin Road, said she is in favor of a church in the neighborhood, but has concerns about traffic being added to the narrow roads because crossing Johio Shores Road is already dangerous. She hopes the church will be good neighbors. Lilian Hernden, 2637 Florence Street, a resident for 56 years, said she hopes the City will seriously reconsider the location of entrances and exits, and the traffic issues for older residents. Mayor Vandergrift asked Pastor Weir if the plans were approved by Orange County and if this is a different set of plans. Pastor Weir said that they were presented with an artist rendering, no actual site plan was developed until later. Suellen Ritter, 2813 Mauldin Road, said she is concerned about having a good landscape buffer for the noise, and would like the Commission to reconsider the entry/exit areas of the Church. Roger Coculitan, Engineer for the developer (R.e. Land Engineering) advised that FDOT would not allow entry/exit off of Silver Star Road Jim Pierdominici, 2806 Mauldin Road, wants to keep harmony and peace & quiet in the neighborhood, he said he would like to see an 8-foot wall built around the property. Mrs. Chasteen, 2831 Mauldin Road, addressed the access on Old Silver Star Road, she said that it is the only access to her development and traffic will be backed up. She is concerned emergency vehicles will not be able to get in. Ken Lasseter, 2510 Johio Shores Road, is concerned about the dangerous traffic conditions that will be created and the noise from the church. He would like to see a wall around the property. Jeanese Y. Wells, 2506 Johio Shores Road, has view of the property from her front door, she would like to have a wall built for a noise buffer and visual continuity with other developments in the area. David Swisher, 2432 Johio Bay Drive, said there are brick walls around subdivisions in the area, there is no reason they cannot put a wall around the church property. He said the population of gopher turtles has been reduced by FDOT and other development and their habitat should be protected. He would like the City to re-evaluate the traffic patterns before approval. Carmen Angulo, 8075 Old Silver Star Road, said she has an II-month old child and she is very concerned about adding traffic the residential area. Gloria Solano, 2440 Johio Bay, said she is happy to have a church coming to the neighborhood, but she is concerned about the entrance on Old Silver Star Road. She would like the City to check with FDOT to see if the entrance can be put on Silver Star Road. Ron Sutherland, resides on Florence Avenue in unincorporated Orange County, said the extra traffic will deteriorate the substandard roads coming out of the neighborhood and asked who will be responsible for repairing the roads. Lengthy discussion ensued regarding the best way to buffer the noise and the view from residential neighborhoods adjacent to the property, traffic concerns due to entry/exit on Old Silver Star Road, and possible FDOT approval of entry/exit on Silver Star Road. Page 6 of 14 City Commission Regular Meeting March 15,2005 Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded bv Commissioner Parker moved to approve the Larae-Scale Preliminary Site Plan for Grace Community of Faith Church per staff recommendations. and with the condition that as each phase is built. it will include a masonry wall or a 40-foot landscape buffer from the riaht-of-wav. beainnina with Phase 1 on the north side of the property. Motion carried 5-0. ORDINANCE SECOND READINGS 1 An Ordinance Relating to Road Impact Fees. (Community Development Director Wagner and Whit Blanton - Renaissance Planning Group) Community Development Director Wagner introduced the Impact Fee Items #10-13 and stated that after meetings with the Home Builders Association, adjustments had been made to the Fire Department and Recreation Park Impact Fees. Whit Blanton, Renaissance Planning Group, said they have been careful and thorough in their methodology and stand behind the results of their analysis. They have done comparisons locally and around the state and believe these recommended Impact Fees compare favorably. He recommends that Commission adopts the proposed fee schedule and re-assesses them every three years. A table was presented with the agenda packet showing recommended increases in road impact fees for over 40 types of residential and non-residential structures. Mayor Vandergrift opened the Public Hearing. Dennis Perez and Craig Kaminsky, Engineered Homes, asked that permits already submitted be given the current impact fees no matter how long it takes the building department to issue the permit, because he cannot start building numerous homes at once. Derek Blakeslee and Richard Irwin, Health Central, requested waiver from Impact Fees for the hospital, just as it has been done in the past. Kirk Sorenson, Government Solutions, representing the Homebuilders Association, distributed his own technical analysis, and gave various points of difference he has with the proposed fees. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded bv Commissioner Johnson moved to amend Ordinance 2005-003 Section 87-9 entitled "Exemptions" Subsection (B) to include Public Health Care Facilities to the list of tax supported aovernment structures. Section 87-9 "Exemptions", Subsection (8) is amended as follows: Publicly owned and operated buildings used for general governmental purposes, including public schools, libraries, community centers, oublic health care facilities defined as tax exemot bv the Orance County Prooertv Aooraiser. and similar tax supported structures. Building Official Phelps suggested that the City eliminate the 90 days turnaround time for the issuance of the permits, the building department is receiving a large number of permit applications due to developers trying to beat the deadlines. If they are successful at getting the permits out in 90 days, the builders would have to start construction within 180 days, before the Page 7 of 14 City Commission Regular Meeting March 15,2005 permit expires. Mr. Phelps felt that the implementation of the new impact fees should be based on the time permit applications are received, not on the time the permits are issued by the building department. Commissioner Anderson made a motion to approve the ordinance for road impact fees per staff recommendations, and phasina in the increases by 50% effective today, and the second 50% becomina effective after 90 davs. Motion died for lack of second. Further discussion ensued. Assistant City Attorney Storey clarified the intent of the motion Commissioner Johnson was discussing, which is to include a phase-in of 50% increments only on permit applications that have already been received as of today. The new impact fees will apply to all applications submitted after March 15,2005. Commission Johnson, seconded by Commission Parker, moved to adopt Ordinance 2005-003 on second readina, as amended, approvina the increase in road impact fees in accordance with the recommended rate schedule, effective immediately' upon adoption of this ordinance, amendina Section 8 of the ordinance entitled "Effective Date" implementina a phase-in of the new fees for permit applications received prior to the adoption of this ordinance by applyina the existina rates for permits issued between 0-90 days, existina rates plus 50% of the increased amount for permits issued 91-180 days, and applyina the new impact fee for permits issued after 180 days. Motion carried 5-0 Section 8 of Ordinance 2005-003 is amended as follows: Effective Date. This Ordinance shall become effective immediately upon passage and adoption, provided, however, (1) that the fees in place immediately prior to the adoption of this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this Ordinance; and (2) that the fees in place immediately prior to the adoption of this Ordinance plus fifty percent (50%) of the applicable increase in such fees adopted by this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued between ninety-one (91) and one hundred eighty (180) days from the date of adoption of this Ordinance. The ordinance, as adopted on second reading, carries the following title: ORDINANCE 2005-003 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ROAD IMPACT FEES; AMENDING SECTION 87-2 OF ARTICLE I OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO INTENT, PURPOSE AND BASIS; AMENDING SECTION 87-5 OF ARTICLE I OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO ALTERNATIVE FEE CALCULATIONS; PROVIDING FOR REVIEW DEPOSITS TO BE ESTABLISHED BY RESOLUTION; AMENDING SECTION 87-9 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO EXEMPTIONS; LIMITING THE EXEMPTION FOR BUILDINGS OWNED BY CERTAIN ORGANIZATIONS; REPEALING SECTION 87-14 OF ARTICLE IOF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO Page 8 of 14 City Commission Regular Meeting March 15,2005 SCHEDULED FEES; ADOPTING A NEW SECTION 87-14 ESTABLISHING A REVISED ROAD IMPACT FEE SCHEDULE OF FEES WHICH SCHEDULE INCREASES THE ROAD IMPACT FEES PAYABLE TO THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. An Ordinance Relating to Recreational Park Impact Fees. (Parks and Recreation Director Farmer) Parks and Recreation Director Farmer explained how they arrived at the impact fee amounts being presented, and described the need for land, facilities, and lighting improvements. He explained that the recommended increase in fees had been reduced since the first reading from $1640.00 to $1560.00 per dwelling unit. Mayor Vandergrift opened the Public Hearing Derek Blakeslee, Health Central Hospital, asked again that the hospital is made exempt from impact fees. Kirk Sorenson, Government Solutions, representing the Homebuilders Association, distributed his own technical analysis, and gave various points of difference he has with the proposed fees. Veronica Royce, Parks and Recreation Board, spoke in favor of the increase in impact fees Dennis Perez, Engineered Homes, asked for the same consideration for the effective date be given on Recreational Park Impact Fees, as was given on Road Impact Fees Assistant City Attorney Storey read the proposed change to the Recreational Park Impact Fee Ordinance, 2005-002, stating that Section 5 entitled "Effective Date" shall be amended as follows: This Ordinance shall become effective immediately upon passage and adoption, provided, however, (1) that the existing fees shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this Ordinance; and (2) that the existing fees plus fifty percent (50%) of the applicable increase in fees adopted by this ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued between ninety-one (91) and one hundred eighty (180) days from the date of adoption of this Ordinance. Mayor Pro Tem Anderson closed the Public Hearing. Assistant City Attorney Storey read the title of the ordinance. Commissioner Johnson. seconded by Commissioner Parker adopted ordinance 2005-004 on second readina. increasina Recreational Park Impact Fees to J1560.00 per residential unit effectively immediately upon adoption of this ordinance. and amendina Section 5 of the ordinance in order to implement fees for the currently submitted permit applications as stated bv the City Attorney. Motion carried 4-0. with Mayor Vanderarift away from the dais. Page 9 of 14 City Commission Regular Meeting March 15,2005 The ordinance, as adopted on second reading, carries the following title: ORDINANCE 2005-004 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO RECREATIONAL PARK IMPACT FEES; AMENDING SECTION 87-18 OF ARTICLE II OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO RECREATIONAL PARK IMPACT FEES; INCREASING THE RECREATIONAL PARK IMPACT FEE PER RESIDENTIAL DWELLING UNIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 12. An Ordinance Relating to Fire Impact Fees. (Fire ChiefFirstner) Fire Chief Firstner explained how they arrived at the impact fees amounts being presented, and described the need for land, facilities, and lighting improvements. He explained that recommended Fire Impact Fees have been reduced since the first reading Mayor Vandergrift opened the Public Hearing Kirk Sorenson, Government Solutions, representing the Homebuilders Association, distributed his own technical analysis, and gave various points of difference he has with the proposed fees. Mayor Vandergrift opened the Public Hearing Assistant City Attorney read the title of the Ordinance. Commissioner Howell. seconded by Commissioner Johnson moved to adopt the ordinance increasina fire impact fees. without includina the new amendments to the fees that were chanaed since the first readina. Motion failed 1-4. with Commissioner Anderson. Mayor Vanderarift. Commissioner Johnson. and Commission Parker opposed. Commissioner Anderson. seconded by Commissioner Parker moved to adopt ordinance 2005-005 on second readina. approvina fire impact fees. increasina fees to $636.00 per residential dwellina unit and $0.47 per sauare foot for nonresidential structures. and amendina Section 6 of the Ordinance entitled "Effective Date" to include the phase-in of impact fees for those applications received throuah March 15. 2005. in the same manner as adopted for the Road and Recreational Park Impact Fees. Motion carried 5-0. Section 6 of Ordinance 2005-005 is amended as follows: Effective Date. This Ordinance shall become effective immediately upon passage and adoption, provided, however, (1) that the fees in place immediately prior to the adoption of this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this Ordinance; and (2) that the fees in place immediately prior to the adoption of this Ordinance plus fifty percent (50%) of the applicable increase in such fees adopted by this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued between ninety-one (91) and one hundred eighty (180) days from the date of adoption of this Ordinance. Page 10 of 14 City Commission Regular Meeting March 15,2005 The ordinance, as adopted on second reading, carries the following title: ORDINANCE 2005-005 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO FIRE IMP ACT FEES; AMENDING SECTION 87-28.C OF ARTICLE III OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO INTENT, PURPOSE AND BASIS; AMENDING SECTION 87-30 OF ARTICLE III OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO FEE SCHEDULE; CHANGING THE CALCULATION OF THE FIRE IMPACT FEE FOR RESIDENTIAL DWELLING UNITS FROM ONE BASED ON SQUARE FOOTAGE TO A FLAT RATE PER RESIDENTIAL DWELLING UNIT; INCREASING THE FIRE IMPACT FEE PER SQUARE FOOT FOR NONRESIDENTIAL STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 13. An Ordinance Relating to Police Impact Fees. (police Chief Goclon) Police Chief Goclon gave a Powerpoint presentation and explained the projection of equipment and facilities necessary to serve the anticipated growth of the City ofOcoee. Mayor Vandergrift opened the Public Hearing Kirk Sorenson, Government Solutions, representing the Homebuilders Association, distributed his own technical analysis, and gave various points of difference he has with the proposed fees. Mayor Vandergrift opened the Public Hearing Commissioner Anderson, seconded bv Commissioner Johnson adopted ordinance 2005-006 on second readina, approvina police impact fees, increasina fees to to $501.04 per residential dwellina unit and $0.33 per square foot for nonresidential structures, and amendina Section 6 of the Ordinance entitled "Effective Date" to include the phase-in of impact fees for those applications received throuah March 15, 2005, in the same manner as adopted for the Road, Recreational Park Impact. and Fire Impact Fees Motion carried 5-0. Section 6 of Ordinance 2005-006 is amended as follows: Effective Date. This Ordinance shall become effective immediately upon passage and adoption, provided, however, (1) that the fees in place immediately prior to the adoption of this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this Ordinance; and (2) that the fees in place immediately prior to the adoption of this Ordinance plus fifty percent (50%) of the applicable increase in such fees adopted by this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued between ninety-one (91) and one hundred eighty (180) days from the date of adoption of this Ordinance. Page 11 of 14 City Commission Regular Meeting March 15,2005 The ordinance, as adopted on second reading, carries the following title: ORDINANCE 2005-006 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO POLICE IMPACT FEES; AMENDING SECTION 87-40.C OF ARTICLE IV OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO INTENT, PURPOSE AND BASIS; AMENDING SECTION 87-42 OF ARTICLE IV OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO FEE SCHEDULE; CHANGING THE CALCULATION OF THE POLICE IMPACT FEE FOR RESIDENTIAL DWELLING UNITS FROM ONE BASED ON SQUARE FOOTAGE TO A FLAT RATE PER RESIDENTIAL DWELLING UNIT; INCREASING THE POLICE IMPACT FEE PER SQUARE FOOT FOR NONRESIDENTIAL STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 14. Grace CommUl1ityofFaithChurch. (principal Planner Ja.mes) Items # 14 and # 15 were heard after the Consent Agenda, before Items # 1 0 - # 13 IS. Grace COIllmunity of Faith/Church;.; Large-Scale PreliminarySitePla.ll. (Senior Planner Fabre) Items # 14 and # 15 were heard after the Consent Agenda, before Items # 1 0 - # 13 2. l'ecedeWith a Boundary & gl'aphicSurvey eAssessment fo OTSllrpl rope e IS item was pulledf,.ornt]le genda and heqrd m# 15 The City of Ocoee has petitioned Florida Department of Transportation (FDOT) for approximately four (4) acres of land along SR 50. The City has requested this land to facilitate a future (north-south) roadway that will eventually link with the Ocoee Commons PUD Montgomery Avenue and SR 50. Specifically, the subject property is located on the north side of SR 50 (W. Colonial Drive) and between Blackwood Avenue and Clark Road. The property physical address is 9969 W. Colonial Drive and is identified by the parcel ID # 21-22-28- 0000-00-008. City Manager Frank explained that the staff recommendation was to use Southeastern Surveying to conduct a Boundary & Topographic Survey, and to use PSI Engineering to conduct a Phase 1 environmental site assessment. Commissioner Anderson. seconded bv Commissioner Johnson moved to approve expenditures of Road Impact Fees for the services of Southeastern Survevina to conduct a Boundary & Topoaraphic Survey in an amount not to exceed $7.747.50. and to use PSI Enaineerina to conduct a Phase 1 environmental site assessment in an amount not to exceed $1.500.00. Motion carried 5-0. I G. ORDINANCE FIRST READINGS 16. An Ordinance Amending Chapter 78 of the Code of Ordinances Relating to Fire Prevention. (Fire Marshal Stanley) (Second Reading Scheduledfor April 5,2005) City Attorney Storey read the title of the ordinance. Page 12 of 14 City Commission Regular Meeting March 15,2005 2nd Reading and Public Hearing of the Ordinance is scheduled for AprilS, 2005, at 7:15 p.m. or as soon thereafter as may be heard. I H. REGULAR AGENDA 17. Retainin of Special Legal Counsel for State Road 50 Community Redevelopment Agen ) Matters. (City Attorney Rosenthal) City Manager Frank introduced the item and advised that we need special council who are familiar with CRA issues. The money would come out of the City's legal fees until the CRA is established. Commissioner Johnson. seconded by Commissioner Anderson moved to approve the contract with Cardwell Law Firm for providina services of Special Leaal Counsel for State Road 50 CRA matters. Commissioner Johnson. seconded by Commissioner Anderson moved to amend the motion to include that the City loan the CRA money for leaal fees until the CRA is established and can reimburse. Motion carried 5-0. Vote was taken on the oriainal motion. as amended. Motion carried 5-0. 18. estyn Bay - Amended Final * Items 18 & 19 were moved n Plan. (Planning Manager d before Item 16 Planning Manager Armstrong explained that the plan was approved in April 2004, and only minor changes were made to the retention pond based on St. Johns Water Management District which resulted on one of the townhome buildings being shifted to the north; everything else remains the same. Commissioner Howell. seconded by Commissioner Parker moved to approve the amended Final Subdivision Plan for Towns of Westvn Bav according to staff recommendations. Motion carried 5-0. 19. s Medical alld allller Grimms) **Ite Park - Amended Final Subd on Plan. (Senior & 19 were moved and heard before tem 16 Planning Manager Armstrong explained that this was approved in 2002 and has since changed ownership and has been amended with an increase in the retention pond to compensate for a 100-year storm event. The developer requested a waiver to reduce the buffer requirement from 25 feet to 10 feet along the west property line, and has agreed to dedicate .18 acres of right-of- way along Old Winter Garden Road. Commissioner Johnson. seconded by Commissioner Anderson moved to approve the amended Final Subdivision Plan for Citrus Medical and Executive Park accordina to staff recommendations. Motion carried 5-0. Page 13 of 14 City Commission Regular Meeting March 15, 2005 20. Discussio ot at Corner of Bluford Avenue and McKey Street. (Public Works Direct Discussion tabled until the next Commission meeting. 21. Discussion re: Mosquito Control. (Public Works Director Zaitooni) Discussion tabled until the next Commission meeting. I I. STAFF REPORTS City Manager Frank distributed a memo regarding an emergency repair of Lift Station #1, in the cost of $21,853.00. Pursuant to Section 21-6 of the Code of Ordinances, emergency purchases over $15,0000.00 are approved by the City Manager and must be promptly reported to the City Commission, in writing. Mavor Vanderarift. seconded bv Commissioner Howell moved to approve the emeraencv purchase for lift station #1. in the amount of $21.853.00. Motion carried 5-0. I J. COMMENTS FROM COMMISSIONERS Commission Parker - none Commissioner Johnson - 1) said there needs to be some issues discussed regarding the boat races before another one is held including parking problems, use of bathrooms, and City reimbursement for staff overtime hours spent on the set up and clean up for the event, and 2) asked that staff meet with the HOA at Windsor Landing or attend their regular meeting tomorrow night, they have issues regarding the reuse vs. potable water supply, and whether Orange County or the City should be paid for meters, hookup, etc. Commissioner Anderson- none Commissioner Howell-none Mayor Vandergrift-said he had some unofficial Ocoee Knights t-shirts made, and they are available for $10.00 at Photographics, $4.00 of which will go to directly benefit the high school. I ADJOURNMENT The meeting adjourned at 11 :50 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 14 of 14 MINUTES OCOEE CITY COMMISSION April 5, 2005 at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Anderson gave the Invocation and Commissioner Johnson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner Johnson, and Commissioner Parker. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS Proclamations - 2005 National Crime Victims' Rights Week Call Before You Dig April 2005 Water Conservation Month Years of Service Award - Frank Carlsson - 20 Years of Service. (Mayor Vandergrift) Presentation - Award Water Conservation Grant Check in the Amount of $18,000 to the City for the New Yard Magic: Ready, Set, Grow Reality Television Show Designed to Promote and Foster Positive Water Usage in Landscapes - St. Johns River Water Management District Representative Nancy Christman - this presentation was delayed and done in the middle of Item #10; Shannon Joyce on behalf of Nancy Christman congratulated the City for reduction in water consumption and presented a grant award for $18,000.00 I C. COMMENTS FROM CITIZENS/PUBLIC R. P. Monacky, 1320 Prairie Lake Blvd, complained that the City changed policy regarding what can be put in garbage carts. Public Works Director Zaitooni explained that small appliances, bowling balls, electronics, etc. are not biodegradable, and cannot be taken to the landfill. Those items should be placed at the curb on the recycle/bulk pickup days for an additional fee, or twice a year at no charge, during the spring and fall cleanup. Jo-Anne Houwers - distributed information about her Autism Program, thanked the City for allowing her to use the Beech Recreation Center and the pool for her program which now has about 200 families participating. She advised they have now become a non-profit organization and asked the City to sponsor the fundraiser Golf Tournament on May 7, 2005. She invited everyone to participate in the fundraiser. City Commission Regular Meeting April 5, 2005 Commissioner Johnson, seconded by Commissioner Parker moved to approve a J250.00 sponsorship for the "Golfina -Fore Autism Charity Tournament". Motion carried 5-0. Mayor Vandergrift advised Ms. Rowers of the merit awards program the City offers twice annually, where they can ask for up to $500 each time. I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell - none Commissioner Anderson - none Commissioner Johnson - announced the 1st Annual Golf Toumament sponsored by the Lion's Club will be held on Saturday, May 7, 2005, at Forest Lake, and there will be brochures available at the next Commission Meeting. Mayor Vandergrift - read a card from resident Mary Olwick thanking the City for the well- organized Easter Egg Runt on March 26,2005. I E. CONSENT AGENDA 1. Consideration of eCivis GrantsL()catorSoftware. (Cityl\l(alUlgerFrank) ECivis is a software program that allows local governments to locate available grant funding. The City has used the service in the past and City staff would like to have it available again to seek additional grant money for various programs and services. The software allows City employees to search for grants by subject matter. The program provides the application and all necessary criteria to know whether the City is eligible for the grant. 2. Consideratiollfor Appoilltment .of Davidson to the lIulllanRtmlti.ons/Diversity B.oal'd(HRDB). (c::;ityClerkEike rry) The Resolution provides that HRDB membership shall consist of no less than seven (7) members and no more than fifteen (15) members. Currently the board has fourteen (14) members. One application was recently submitted for the Human RelationslDiversity Board; therefore, staff recommends the City Commission consider appointing Sandra Davidson to the Human RelationslDiversity Board with a term ending May 2007. 3. c::;onsidera.tion for TelllPorary Closing of a Portion of North Lak.eshol'eDl'ive and the Public )J()a]tRampa.t Starke.. I..ak.efortbcPlIrpose of Qutboard Boat ]laces. (Building Official Phelps) This item was removed from the Consent Agenda and heard separately after Item #9 4. Consideration for Rc the Mutual Aid Agl'eement be the OcoeePolice Department and the Or Ilty Sheriff's Office. (police ChIe oclon) This is a renewal of the agreement that allows mutual aid between the Ocoee Police Department and the Orange County Sheriffs Office. The agreement allows the parties to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to emergencies or to aid in investigations, including those which cross jurisdictional lines. 5. ConsideratioIl/for Renewal of the.Wcst Orange Narcotics......Iask Force Agreemcnt befueen...tbe...Ococe...Police....llepartmeIlt, thc...Willter...Gal'den Police. .Uepa.Hlllellt...and...the OrangeCouIlty Sl1el'iff's()ffice.(p()liceChief Goclon) This is a renewal of the agreement between the Ocoee Police Department, the Winter Garden Police Department and the Orange County Sheriffs Office establishing the purpose for the task force, jurisdictional boundaries, limitations on liabilities, and determines seized asset distribution amongst the participants. Page 2 of9 City Commission Regular Meeting April 5, 2005 6.. COllsideration t()A.ppr()ve Expenditure of $37510 (312)....for...tbe...Uesign....and...Pel'ltlittillgof Project to Professional Engineering Consultants Zaitooni) This project is the Phase 2 of the overall drainage improvement project, which includes the design, preparation of plans, and permitting of the drainage collection system. This is the companion proj ect to Center Street 100- year Retention Pond currently in final design. . 7. Consideration tOJ\.PP1'9y~ExpeJlditure...of$24,000fromthe. Stol1I1.water(>perating Contingenc Fund.s...for..ll~pair~...to..tb.e..Culvert...alld..[Ila"eIllent..on..A.D.Mims Road.,....West enteFandAward Bid to T.D. .Thomson ConstrllctiOn.(PublicWorks Director Zaitooni) This project is intended to replace the cross culvert under A.D. Mims Road and repair the pavement at the crossing east of the entrance to the Beech Center. The culvert failure and insufficient compaction has caused a noticeable depression in pavement at this location. Staff obtained 3 written quotes for the project and recommends award to T.D. Thomson Construction. The project will be funded from the Stormwater Operating Contingency Funds. 8. COnsideration t() Appr()ve Memorandum of Agreement OTf()i'Maintenance of Right-of-Way 0 rand City Clerk. to Execute the Agl'eemenfan eso u .on. u IC orks])irector~aitooni) The current Maintenance Memorandum of Agreement between the Florida Department of Transportation (FDOT) and the City will expire on April 30, 2005. FDOT now wishes to enter into a new contract for the City to provide maintenance activities for the portions of SR 50, SR 437, and SR 438 within the City limits. This contract will be for one year with optional renewal for an additional two years. A quarterly sum of $8,125.00 ($32,500.00 annually) will be paid to the City. The City will automatically provide a 3% annual increase for years 2 and 3 subject to renewal. Stormwater Project Funds illage System and Award Public Works Director RESOLUTION 2005-003 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSORTATION, FOR THE MAINTENANCE OF STATE ROAD RIGHT-OF-WAY BY THE CITY; PROVIDING AN EFFECTIVE DATE. 9. Resolution Opposing House Bill13~5and. Governments elecoIllmllnication (City Mana ) Florida Legislators have filed Bills in the House and Senate that would prohibit local governments from providing covered communication service; from expanding its service area, adding new subscribers, or increasing covered services after a certain date, (except under very limited circumstances), and defines covered communications services as communications, Internet (including wireless and broadband), or cable services. n 4 Denying Rights of Municipal ervlces within their Municipal Boundaries. RESOLUTION 2005-004 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA OPPOSING HOUSE BILL 1325 AND SENATE BILL 1714 WHICH DENY THE RIGHTS OF MUNICPAL GOVERMENTS TO OFFER TELECOMMUNICATION SERVICES WITHIN THEIR MUNICIPAL BOUNDARIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Commissioner Anderson. seconded bv Commissioner Parker approved Consent Aaenda Items 1. 2. 4. 5. 6. 7. 8. and 9. includina Resolutions 2005-003 under Item 8 and 2005-004 under Item 9. Motion carried 5-0. Page 3 of9 City Commission Regular Meeting April 5, 2005 3. COnsideration fOT'felllp()rary Closillgof.aPortion of North l..akeshore I)rive and the Publi.c...Boat...Ramp...a.t....8.ta..](.e.. Lake...fOI'.. tb.e.. .1'1lrp.o.se...ofO oat...Races..........(JJuilding Official Pbelp.s)**T.hisItemWasRemoved From The Co a For Discussion The event will be held on October 29-30, 2005, and the applicant understands the requirements of: 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; 4) Proper barricades must be used for blocking the road; and, signs be posted at the boat ramp in advance to notify citizens of its closing; 5) (2) off-duty police officers required; and 6) The applicant is responsible for providing water rescue capabilities and will make arrangements with Health Central ambulance service if on-site EMS transportation is required. Commissioner Johnson said he pulled this from the Consent Agenda to discuss the problems that occurred with parking, and the amount of staff time used to help cover a non-City event. He suggested the race sponsors could help defray the cost of city employees working overtime by giving the City a $1500.00 bond. The set-up and clean-up took approximately 35 hours of employee time. Commissioner Anderson said he thought that the Lion's Club and Woman's Club may be planning to ask the City to support the event by donating some money. He said Parks and Recreation Director Farmer and Customer Service Supervisor Sills were going to coordinate efforts to correct the parking problems, also. Commissioner Parker said we should consider roping off the parking lot to avoid employee spaces being used by the boaters on workdays, and if the City is going to contribute money to the event, we need to be given costs in advance and be given some type of sponsorship. Commissioner Anderson, seconded bv Commissioner Johnson moved to approve the temporary closina of North Lakeshore Drive and the Public Boat Ramp for the races on October 29 and 30, 2005. Motion carried 5-0. PUBLIC HEARINGS 10. Preliminary Subdivision Plan for The Villages at Lake Bennet. (Senior Planner Fabre) Mayor Vandergrift opened the Public Hearing. Owen Ewing, Bob Brett, Matt Fetteroff, and Steven Matazanos of Paradise Development Group said the subdivision plan had been significantly changed and they feel it addresses most of the concerns brought forward by the Planning and Zoning Board. Randy June, Developer of adjacent property, said there are many changes on the plans being presented tonight that he has not had the chance to review. Mayor Vandergrift closed the Public Hearing. Commissioner Johnson, seconded bv Commissioner Anderson moved to deny the Preliminary Subdivision Plan for the Villaaes at Lake Bennett based on the reasons set forth in the Plannina and Zonina Commission's recommendations to the City Commission. Motion carried 5-0. 16. Update on ForestBrooke Entry Gates. (Community Development Director Wagner) Item 16 & 17 were moved up on the agenda and heard after Item #10. Page 4 of9 City Commission Regular Meeting April 5, 2005 Community Development Director Wagner explained that in response to many residents concerns regarding their new homes, his staff, along with City Manager Frank and Commissioner Anderson met with the developer. In a letter submitted to the City on March 3, 2005, Keewin Investments and Real Estate, D. R. Horton Homes, and Engle Homes agreed on improvements to the property. Jay Folk, representing the developer, Keenan Real Property Company, said they feel the subdivision was developed as proposed, but they are willing to cooperate with the City and residents on the items agreed upon in the letter that has been submitted. Martin Davison, 3193 Jamber Drive, felt fencing should be extended along Lot #22 to prevent vehicle entry. Tom Riather (and Mrs Riather via email), 95 Hopewell Drive, expressed concerns regarding her property (Lot 22) not being completely fenced. They feel once people realize the can bypass the security gates, they will be driving across her property where the opening in the fence exists. Jay Folk, representing the developer, Keenan Real Property Company, agreed to extend the fencing along Lot #22. He agreed to revise his letter and get the revised version to Community Development Director Wagner. Commissioner Howell, seconded by Commissioner Anderson moved to accept the aQreement from the developer with the addition that the fencinQ will be extended all the way around the boundary of Lot #22, and moved to approve the expenditure of $2500 in matchinQ funds toward the improvements. Motion carried 5-0. 17. Discussion re: Hours (Commissioner H Item #10. eration for Construction within Subdivisions. 6 & 17 were moved up on the agenda and heard after Kris Bauske, 238 Beacon Point Drive, thanked the City for enforcing the construction ordinance, however, she would like to know if the City would consider changing the ordinance regarding construction hours from 7am - 9pm to 7am -7pm. Discussion followed regarding what new residents should expect when they move into a subdivision still being developed, changing the quitting time from 9:00 p.m. to 8:00 p.m., stepping up police patrol to enforce current ordinance, and the fact that very few complaints have been made regarding the current 9:00 p.m. time. Police Lt. Brown advised that very few complaints are received, and they respond quickly when calls come in. City Manager Frank suggested that we should try to increase police presence between 8:30 p.m. and 9:00 p.m. rather than revising the ordinance. Commissioner Howell, seconded by Commissioner Anderson moved to brinQ back a revised ordinance allowinQ construction work between the hours of 7:00 a.m. - 8:00 p.m. Motion failed 2-3, with VanderQrift, Johnson, and Parker opposed. Page 5 of9 City Commission Regular Meeting April 5, 2005 Consensus of the Commission was to increase directed patrol of the police department between the hours of 8:30 - 9:00 p.m. ORDINANCE SECOND READINGS 11. An Ordinance Amendin Chapter 78 of the Code of Ordinances Relating to Fire Prevention. (Fire Mars anley) ( Apri/19, 2005, at 7: 15 p. m. to allow time for A er City Attorney Rosenthal said that after a discussion with staff, they would like to continue this item until May 3,2005. Mayor Vandergrift opened the Public Hearing. Commissioner Johnson. seconded by Commissioner Anderson moved to continue this item on May 3. 2005. Motion carried 5-0 ORDINANCE FIRST READINGS 12. An Ordinance Amending City of Ocoee Police Officers' and Firefighters' Retirement Trust Fund. (City Manager Frank) (Second Reading Scheduledfor Apri/19, 2005, at 7:15 p.m.) City Attorney Rosenthal read the title of the Ordinance. Second Reading Scheduled for April 19, 2005, at 7:15 p.m. I H. REGULAR AGENDA 13 . McKey StreetProject......Wa.ker..lVIaguire!9gl1t..of-Way V acation~{Cpntinlledfrorn. City Cprnrnission Meetinghe/(iMarch),)005). This item is an .advertised. Public Hearing. (principal..Pla.nner...Ja.mes) The alley runs in a north-south direction between Oakland A venue and McKey Street parallel to Bluford Avenue. This vacation is a component of the overall McKey Street Project where two additional portions of alleyway needed for the project will be dedicated to the City. When completed this alleyway will run in an east-west direction connecting Cumberland Avenue to Bluford Avenue. This roadway is not an arterial or collector. Since the roadway is neither a collector nor an arterial road, a Planning & Zoning Commission recommendation is not required. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing. City Attorney Rosenthal read the title of the resolution. Commissioner Johnson. seconded by Commissioner Anderson moved to adopt Resolution 2005-005 approvina the Walker-Maauire Riaht-of-Way Vacation. Motion carried 4-0. with Commissioner Howell away from the dais. Page 6 of9 City Commission Regular Meeting April 5, 2005 The resolution as adopted carries the following title: RESOLUTION 2005-005 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THOSE PORTIONS OF THAT CERTAIN 12 FOOT ALLEY FOUND IN BLOCK 3, MAP OF OCOEE, ACCORDING TO THE PLANT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 100 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA THAT LIE (i) EASTERLY OF LOT 3 AND WESTERLY OF LOT 1, 2, AND THE NORTHERLY 41 FEET OF LOT 23; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Parking Lot at Corner of Bluford Avenue and McKey Street. (Public Zaitooni) Public Works Director Zaitooni explained that staffs analysis concluded that paving this lot would not be a good use of this property, because of its value. Staff alternatively recommends developing parking areas on East McKey Street, once those structures are demolished. Mayor Vandergrift asked that staff look into preserving the large com plant on the property. Commissioner Anderson, seconded by Commissioner Parker moved to approve the development of a parkina area off East McKey Street per staff recommendations. Motion carried 5-0. 15. Discussion re:Mosquito Controk (Public Works Directorz.aitooni) Public Works Director Zaitooni recommended this item is deferred until the next fiscal year, due to the $50,000.00 amount proposed by Clarke Mosquito Control being too much to take from our contingency fund at this time. The City should continue to use County services until next year. Estimates are being prepared for Mosquito Control as part of next year's budget. Commissioner Johnson, seconded by Commissioner Howell moved to approve the mosQuito control methods as recommended by staff. Motion carried 5-0. Commission Parker added that we need to make sure the name and number for Orange County Mosquito Control is posted on OGTV and the Website. 16. Update on ForestBrooke Entry Gates. (COltlltll1fiityDevelopment Director Wagner) This item was moved up on the agenda and heard after Item #10. 17. Discussion re: Hours (Commissioner Howell) o ation w oved ction within Subdivisions. e agendd and heard after Item #10. 18. Discussion re: Setting Date for Workshop on Ocoee Crown Point. (Mayor Vandergrift) Mayor Vandergrift said he placed this item on the agenda because he felt the need for a series of workshops to assist in the visioning process on major items affecting the City's future. He said one of the first things he would like to discuss is what to do about the Coke property. Page 7 of9 City Commission Regular Meeting April 5, 2005 Commissioner Parker said she agreed with workshops as long as they were a visioning and planning for Ocoee's future from many different standpoints. Commissioner Anderson said he would like to add a discussion regarding sprinklers to single family residences in the first workshop. The City Manager and City Attorney suggested that the sprinkler item is paired up with other items regarding the Fire Department. Consensus of the Commission, without obiection, was to hold vlslonina workshops, and to have Administrative Assistant Cowan coordinate the first one in the evenina from 6:30 - 8:00 p.m. in the next three to four weeks. I I. STAFF REPORTS - none L J. COMMENTS FROM COMMISSIONERS Commissioner Parker - none Commissioner Andersoll- 1) said the First Baptist Church of Ocoee will be holding their annual Carnival on April 10, 2005 from 12:00 p.m. - 3:00 p.m. and they submitted an application for road closure. Commissioner Anderson, seconded by Commissioner Parker moved to approve the road closure on Ohio Avenue for the First Baptist Church of Ocoee carnival. Motion carried 5-0. Commissioner Anderson 2) said he noticed Lake Eola has doggie bags to encourage residents to pick up after their dogs, and he would like staff to look into placing them around the City, especially in Parks, and involve Homeowner Associations so that everyone could have the same type of bags, 3) said there used to be a dumpster at Tiger Minor, and asked Public Works Director Zaitooni to look into what happened to it, and 4) would like to increase police patrol on the south side of Chicago Road at the entrance to Tiger Minor Park clean up the area and keep the kids from hanging out there. Consensus of the Commission was to direct staff to look into what can be done with that property (such as a doaaie park, or baseball practice park). The City Manager said we can include it as a line item in next year's budget. COllllllissioner...Jlowell -1 )asked Public Works Director Zaitooni the status of the retention pond, to which he advised they are almost completed with the exception of the gate, fence, and apron, 2) asked about storm water fees and why we charge certain buildings these fees if they are not using City Services, he said his church is paying $400.00 per month. Public Works Director Zaitooni advised that the Code has a formula regarding the pervious area vs. the entire property and they are charged based on that formula. City Attorney Rosenthal said it is applied on a uniform basis throughout the City based on a formula, so even though a particular site is handling its own stormwater, it contributes to the maintenance of the Citywide system. Commissioner Johnson - none Mayor V andergrift- 1) sent an email to Commission this afternoon regarding state legislature with respect to CRA's, and would like a letter sent to state legislatures agreeing with Florida League of Cities regarding CRA laws. Mayor Vanderarift, seconded by Commissioner Parker moved to direct staff to send a letter sent to state leaislators, for the Mayor's sianature, aareeina with Florida Leaaue of Cities and opposina what they are doina reaardina CRA laws. Motion carried 5-0. 2) said that we would like staff to look into putting up gold and black directional signs near the new school. Page 8 of9 City Commission Regular Meeting April 5, 2005 I ADJOURNMENT The meeting adjourned at 11: 10 p.m. Attest: Beth Eikenberry, City Clerk APPROVED: City of Ocoee S. Scott Vandergrift, Mayor Page 9 of9