III (A) Approval and Acceptance of Minutes of City Commission Regular Meeting of May 2, 2000 Agenda 5-16-2000
[C p �r Item III A
MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD MAY 2, 2000
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers located
at 150 N. Lakeshore Drive. Commissioner Parker led in prayer and Mrs. Frances Watts led the Pledge
of Allegiance to the Flag. The roll was called and all were present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present
were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton, Assistant City Engineer
Wheeler, Fire Chief Strosnider, Assistant Fire Chief Firstner, Fire Inspector Stanley, Fire Inspector
Levesque, Planning Director Wagner, Principal Planner Lewis, Capital Projects/Transportation Planner
Friel, Police Chief Mark, Public Works Director Smith, Solid Waste Supervisor Dees, Recreation Director
Nordquist, and Technical Support/Trainer Vogt.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
PRESENTATIONS
YEARS OF SERVICE AWARDS
Years of Service awards were presented to the following employees by the Mayor and Commissioners as
their individual department heads spoke briefly of their appreciation for their service.
5 Years - Susan LaBrecque
15 Years - Gordon Lane, Frank Carlsson, Randy Conyers, Jimmy Butler
CROSS CREEK SUBDIVISION, GATED ACCESS- THOMAS DALY, DR. ROBERT FERDINAND
Mr. Scott Clark, attorney representing Dr. Ferdinand, explained that during the Esplanade at Plantation
Grove PUD Preliminary Site Plan public hearing of July 21, 1998, neighbors had requested that the
entrance be moved to allow them to put in a gated entry and that request had been accommodated. Mr.
Clark recalled that the agreement had been reached subject to the safety issues being resolved. He said
that now the traffic experts have a real concern regarding stacking of cars due to the location of the key
pad in the design submitted by the homeowners association. He displayed three proposed options for a
change to the design, recommending option three as it had the longer approach.
City Manager Shapiro stated for the record that he did not want it assumed that staff has met with the
developer. He said they have met with the homeowners of Cross Creek and really want to work out the
problem to everyone's advantage. The homeowners had agreed to leave the gates open during the day and
had discussed the additional funds that would be necessary to make any change in their plan. Mr. Shapiro
suggested that, if Commission intended to make a decision, it would be appropriate to schedule a public
hearing, unless the homeowners felt it was unnecessary.
Commissioner Howell asked if Cross Creek homeowners had presented a plan and Mr. Shapiro said they
had and it was held up because of traffic concerns.
Commissioner Johnson said they overlooked the pattern for two years and he wanted the homeowners to
have what they had been promised without having to go back before their people again.
Ocoee City Commission Regular Meeting Fr)ui
May 2, 2000
City Manager Shapiro said that if Commission determines by majority vote to allow the permit to be
issued, the permit will be issued.
Commissioner Anderson asked why the City would have jurisdiction if the roads were private. City
Manager Shapiro advised that if the traffic is stacked up so that it is backed up onto a public road, it can
affect the emergency vehicles. Later in the discussion Mr. Shapiro addressed the private road issue
again, stressing for the record that the City has the lawful right, when reviewing the final plan, to ask that
a road be moved. Mr. Clark said his point was, that being said, the City has the lawful right to address
this private road as well.
Mr. Spencer Solomon, 534 Goldenmoss Loop, recalled that the City Commission had promised two
years ago that they could have a gate, and he pointed out that the location of the gate was well known at
the time. He said they took two years to get it together because the first year the developer was still in
charge of the homeowner association, and then they had to get organized. He said the gate would be open
during the day and he did not anticipate any stacking during that time, as the road is nineteen feet wide
and that would be wide enough for two cars to pass easily. Mr. Solomon said further that they have a
$77,000 contract with Florida Door Control and they have made a $26,000 deposit based on (1) the
drawing presented at the July 1998 meeting, and (2) the strength of the approval of the minutes where the
decisions were made, and (3) their agreement with Dr. Ferdinand and his developer.
Mr. Tom Daly said he thought it was not appropriate to ask the City Commission to make a decision on
technical issues and he suggested holding a public hearing to resolve the matter.
Commissioner Johnson, seconded by Commissioner Parker, moved to direct Staff to approve the
Homeowner Association application for a permit based on the request being consistent with the City
Commission approval of the Final Engineering Plans for the project. Motion carried 5-0.
JIM HAYES, CENTRAL FLORIDA DROWNING PREVENTION TASK FORCE- PRESENTATION TO OCOEE FIRE
DEPARTMENT AND FIRE INSPECTOR JACKIE LEVESQUE
Mr. Jim Hayes gave statistics regarding drownings in Florida and in particular this area, and gave high
praise to Fire Inspector Levesque for her enthusiastic approach to the creation of a drowning prevention
program for the City of Ocoee. He presented a plaque to her and then another plaque to Fire Chief
Strosnider to express appreciation for the entire department.
PROCLAMATIONS:
Natasha St. Pierre, of West Orange High School, read the following proclamations:
Community Action Month - May 2000
Teacher Appreciation Week - May 7-13, 2000
Child Abuse Prevention Week - April 24 - 30, 2000
CONSENT AGENDA
The consent agenda consisted of items A, B, C, D, and E. Commissioner Anderson, seconded by
Commissioner Howell, moved to approve the consent agenda as presented. Motion carried 5-0.
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Ocoee City Commission Regular Meeting
May 2, 2000 L►u L'Z1
A. Approval and Acceptance of Minutes of City Commission Regular Meeting of April 18,
2000, Special Session of April 18, 2000, and Canvassing Board Meeting of April 12,
2000.(CITY CLERK GRAFTON)
B. Approval and Authorization to Expend $15,000 for Fireworks for Founders Day.
(COMMUNITY RELATIONS/PROJECTS DIRECTOR SHIRA)
• Staff requests authorization to finalize a contract with Zambelli Fireworks Internationale along with the other
necessary paperwork, and authorization for the Mayor to sign the contract upon completion.
C. Approval and authorization for Mayor and City Clerk to Execute Interlocal Agreement
with Orange County Environmental Protection Department for Spraying Herbicides.
(RECREATION DIRECTOR NORDQUIST)
• This agreement is part of the "Fish Orlando" project administered by the Florida Fish and Wildlife
Conservation Commission and establishes terms and conditions for the control of aquatic plants in Starke Lake.
The agreement provides for 4 applications per year at$259 each.
D. Approval and Authorization for Mayor and City Clerk to Execute the Non-Exclusive
Temporary Easement Agreements with Individual Property Owners as listed below for the
Maguire Road Widening Project. (CITY ATTORNEY ROSENTHAL)
1. The Ferdinands (Robert L., Mary Virginia, and James V.)
2. Maguire Apartment Venture, Inc.
3. James and Helen Bradfield
• The need for these Temporary Easement Agreements is based on the Project design prepared by PEC, and
staff recommends payment of$250.00 to the Ferdinands, Maguire Apartment Venture, Inc., and the Bradfields to
cover their costs in reviewing and executing the agreements.
E. Approval and Ratification of City Manager Action to Hire C.E.S. to Perform the
Microbial Mediation Work. (CITY MANAGER SHAPIRO)
• Cross Construction was unable to perform until mid-June. As that delay was unacceptable, quotes were
solicited from additional companies. C.E.S. was the low bid at $101,150.00.
COMMENTS FROM CITIZENS/PUBLIC
Mr. Bill Meginley, 504 E. Silver Star Road, introduced the West Orange High School representatives to
the Florida Odyssey of the Mind, and advised that these two teams had again won the right to attend the
world finals in Knoxville, Tennessee which will be held May 31 through June 4. He asked for support to
make this possible, as the members are representing the City of Ocoee, the City of Winter Garden, and
West Orange High School; and he presented a letter authorizing his request from Gary Preisser, Principal,
and Linda O'Brien, Sponsor.
Commissioner Anderson, seconded by Commissioner Johnson, moved to grant the same amount given
to this group last year ($2,000) from the Contingency Fund providing they fill out the appropriate
application. Motion carried 5-0. Mr. Meginley was advised that next year he should fill out the
application prior to coming before Commission.
Mayor Vandergrift read a telephone message from Mr. Tom Griffey, Ocoee Little League, which stated:
"1) The new batting cages are now being trashed. Kids are climbing to the top and forcing the fence to
cave in. Can barbed wire be placed around the top? 2) The home plate of the major field needs to be
reworked and replaced. Corner of the plate keeps coming up and there is the potential for serious
injuries." Public Works Director Smith advised that the Little League was going to put in the netting.
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Ocoee City Commission Regular Meeting [mil
May 2, 2000 I
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker announced the RSVP line: 407-656-2218.
Commissioner Johnson:
1) Reported that the plans for the June 3 Reunion for Ocoee High/Middle School are coming together and
he will have activities to announce at the next meeting. There will be barbeque at the Beech
Recreation Center and the Lions Club will have a concession for drinks.
2) Said the City needs to pay more attention to the Pop Warner Field and its upkeep. He said the rest
rooms are a total mess and there should be a crew to go by regularly and clean them. There always is
a problem with weeds and he would like a written report from the gentleman who comes out.
Commissioner Anderson announced the Big Orange Games at West Orange High School May 6.
Commissioner Howell had no announcements at this time.
Mayor Vandergrift:
1) Called attention to his correspondence to the Legislative Delegation regarding the unfunded mandate on
bill boards.
2) Discussed his 5 year plan to solve overcrowding in Ocoee Schools which he had distributed prior to the
meeting.
Mayor Vandergrift read a telephone message from Linda and Larry McWilliams, 813 Marleen Drive,
thanking Danny, Ellis and Bruce for their efforts of putting the netting over the batting stop at the Little
League field as it keeps the balls out of their yard. They also expressed appreciation for the paving of
A.D. Mims Road.
Recess 8:35 p.m. - 8:45 p.m.
Mayor Vandergrift read a message from Mr. Jim Swickerath, 1203 Richfield Avenue, regarding
charter schools and the upcoming presentation by the Haskell Group, and he assured Mr. Swickerath that
competitive contractors would have a fair opportunity to bid.
PUBLIC HEARINGS
SECOND READING OF ORDINANCE NO. 2000-18, REPEALING ORDINANCE 784-DAMAGE REWARD BOARD.
(CITY ATTORNEY ROSENTHAL)
City Attorney Rosenthal read the title only of the Ordinance.
The public hearing was opened. Mayor Vandergrift advised that this board was created some years ago
and has never met. In a review of the boards Commission decided this board was no longer needed and
requested this ordinance to repeal the enabling ordinance. As no one wished to speak, the public hearing
was closed.
Commissioner Howell, seconded by Commissioner Parker, moved to adopt Ordinance No. 2000-18 as
presented. Motion carried 4-0. (Commissioner Johnson was away from the dais.)
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Ocoee City Commission Regular Meeting LIJ L L--A
May 2, 2000
THE VINTAGE AT LAKE LOTTA, PRELIMINARY/FINAL SITE PLAN, PROJECT NO. LS-99-006. (PLANNING
DIRECTOR WAGNER/PRINCIPAL PLANNER LEWIS)
Planning Director Wagner presented the staff report, pointing out that this is part of the first phase of
Lake Lotta Center PUD. The project as designed has 199 multifamily residential units, located on the
north side of Lake Lotta and SR 50, just east of the main entrance road to the West Oaks Mall. He noted
the plan has met the set back requirements, the recreational areas, and the buffering requirements from the
single family area with the 7 foot brick wall with appropriate landscaping along the northern and eastern
boundaries of the site adjacent to Rose Hill subdivision. He added that, as part of the DRI approval, there
was a required conservation area around Lake Lotta and this entire development is out of the 100 year
flood plain with a 25 foot buffer. Mr. Wagner pointed out that the development is completely out of the
natural area of Lake Lotta and it holds 100% of its stormwater so it will not adversely affect the lake. The
Developer has agreed to give the City a conservation and drainage easement over that portion of the land
by Lake Lotta and a sidewalk for pedestrian easement for future use, should the City wish to put in a
bike/pedestrian path later on. The Developer has asked for a waiver for a couple of units to be within 10
feet of the road rather than the normal requirement of 15 feet. The DRC has voted approval of the plan
subject to the waiver and fixing several technical items. Planning and Zoning Commission held a public
hearing during which the primary concerns of the residents seemed to be the location of the dumpsters, the
location of the three story buildings, and the potential for the third floor apartments looking into their back
yards. The Developer's Engineers have made an effort to address those issues.
Principal Planner Lewis assisted by displaying pictures of the site in a power point presentation, and then
reported on the meeting with the Rose Hill home owners. He noted that the plan presented in the packet
was not the final plan as the Developer is still making revisions to satisfy the DRC and Staff requirements.
He reviewed the proposed changes and responded to questions. Mr. Wagner pointed out that the
Developer will be directed to comply with the Code regarding the placement of oak trees and the
additional (taller) trees needed to preserve the privacy of the neighbors will fill in.
Mr. Joe Kolb, Bowyer-Singleton & Associates, Inc., said they had met with the home owners last week
and had been able to accommodate most of their wishes. They were able to move the wall, reduce the
height of the light poles, increase the land screenings and the dumpsters were moved to 65 feet from the
property line.
Mr. Robert Rohdie, Owner/Developer, said that they had met with the home owners and would walk the
area and put trees where they needed to be for a visual buffer. When Commissioner Anderson pressed to
be sure that this would be done again if the original installation of trees proves to be inadequate to provide
privacy, Mr. Rohdie said that he would agree if reasonableness was a part of the agreement.
The public hearing was opened.
Mrs. Pamela Delf, 9107 Mr. Lincoln Court, speaking for the residents of Rose Hill, said that most of
their issues have been addressed and she asked that the record reflect that the Developer will take care of
the sod on the easement and she wanted to be sure the hours of construction are controlled. She thanked
the Developer and his staff for their cooperation.
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Ocoee City Commission Regular Meeting 17)
May 2, 2000jb
Mrs. Darcie Conrad, 9030 Floribunda Drive, asked if the trees would be burned when they are taken
down. Mr. Shapiro advised that would be subject to the Fire Chief giving a permit.
As no one else wished to speak, the public hearing was closed.
Mayor Vandergrift, seconded by Commissioner Parker, moved to approve the Vintage at Lake Lotta
Apartments, Preliminary/Final Site Plan, with the requested waiver, subject to Staff handling all
administrative items outstanding and having all easements prior to issuing a Certificate of Occupancy.
Motion carried 3-2 with Commissioner Anderson and Commissioner Howell voting no.
OTHER BUSINESS
FIRST READING OF ORDINANCE No. 2000-19, OCOEE CHURCH OF THE NAZARENE, ANNEXATION, CASE
No. AP-97-09-08. Second Reading and Public Hearing are Scheduled for May 16, 2000 at 7:15 p.m.
(SENIOR PLANNER MCGINNIS)
City Attorney Rosenthal read the title only of the Ordinance. Mayor Vandergrift announced the second
reading and public hearing will be held May 16, 2000 at 7:15 p.m. or as soon thereafter as practical.
STORMWATER UTILITY PROJECTS. (CITY MANAGER SHAPIRO)
City Manager Shapiro advised that, at the work session held April 24, this Commission had discussed
and prioritized the projects to be completed using the Stormwater Utility fund, which has a current balance
of$533,000. He presented the list for a formal action at this time.
The projects were as follows:
Project #1 Pioneer Key II Mobile Home Park $150,000
Project #2 Starke Lake Drain Wells 250,000
Project#3 Reflections Roadway and Side-Yard Underdrains 70,000
TOTAL $470,000
Commissioner Parker, seconded by Commissioner Johnson, moved to adopt the list of projects as
presented. Motion carried 5-0.
AUTHORIZATION TO USE $20,000 FROM ROAD IMPACT FEES FOR SCHOOL ZONE LIGHTS FOR CITRUS
ELEMENTARY SCHOOL. (PUBLIC WORKS DIRECTOR SMITH)
Commissioner Anderson, seconded by Commissioner Johnson, moved to approve spending $17,600 from
road impact fees to purchase eight (8) solar powered school zone flashing signal lights, and waive the bid
process in order to meet the August completion date. Motion carried 5-0.
ELECT MAYOR PRO TEM AND REORGANIZE COMMISSION APPOINTMENTS TO BOARDS. (CITY CLERK
GRAFTON)
Commissioner Johnson nominated Commissioner Anderson to serve as Mayor pro tem. There were no
other nominations and the vote was 5-0 in favor.
Commissioner Johnson nominated Commissioner Anderson to serve as the City representative for the
West Orange Health Alliance in the place of the staff member appointed last year. The vote was 5-0 in
favor.
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Ocoee City Commission Regular Meeting I i M
May 2, 2000 Li
There was discussion regarding whether the rest of the appointments should stand as they are, and
Commission agreed without objection to continue to serve in the same capacity as last year, as follows:
Citizen Advisory Council for Ocoee Police Department - Commissioner Anderson
Education Commission - Commissioner Johnson
Parks & Recreation Advisory Board - Commissioner Anderson
Personnel Board - Commissioner Howell
Educational Incentive Committee - Commissioner Parker
Innovative Idea Committee Commissioner Johnson
East Central Florida Regional Planning Council - Mayor Vandergrift
West Orange Chamber of Commerce - Mayor Vandergrift
West Orange Airport Authority - Harold Maguire (appointed to replace Mayor October 5, 1999)
DISCUSSION RE: MEETING ON CHARTER SCHOOLS WITH EDUCATION COMMISSION. (MAYOR VANDERGRIFT)
Mayor Vandergrift called attention to a letter he was drafting to Mel Martinez in response to his letter
regarding (in part) overcrowding schools, requesting the City to not annex property that has been denied
rezoning by Orange County because it would seriously impact overcrowded schools. He asked that any
Commissioner contact him who wished to have input in the letter.
STAFF REPORTS
There were no staff reports at this time.
COMMENTS FROM COMMISSIONERS
Commissioner Parker:
1) Said she is unable to attend the 2000 Florida Trails and Greenways Conference May 18-20 in
Clearwater and wanted to be sure a representative attends. City Manager Shapiro advised that he has
Staff attending and they could bring back tapes as well. Mayor Vandergrift asked that someone bring
back grant information.
2) Expressed concern about the problem of getting children to Citrus Elementary School safely with the
proposed widening of Silver Star Road and other construction. City Manager Shapiro said he had
been advised to do temporary sidewalks and they will be designed and a DOT permit will be applied
for. He said he still felt that bussing was the best solution and is still working on that.
3) Noted that the summer recreation program is being moved to Beech Recreation Center and expressed
concern that the digging for the pool would pose a danger for the children. City Manager Shapiro
advised that precautions will be taken and that the site will still be safer than the Community Center.
4) Advised that the floor at the Community Center is being worn down already.
5) Noticed that new areas of damage at the Withers-Maguire House are apparent now. City Manager
Shapiro advised that a report is being prepared showing the recommended procedure to take care of
the repair.
Commissioner Johnson:
1) Said the exit sign for Ocoee from the Beltway says Plant Street which is very wrong. City Manager
Shapiro said he has already discussed it with them and it will be changed to SR 438.
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Ocoee City Commission Regular Meeting
May 2, 2000
Commissioner Anderson:
1) Announced the Big Orange Games at West Orange High School Saturday at 8:30 a.m. and asked for
volunteers.
2) Announced the grand opening on May 5 of CFI on Professional Parkway.
3) Announced May 14 is Mothers' Day.
4) Reported that there are dangerous places in the brick paths on the Withers-Maguire House grounds and
said he would provide pictures to Staff.
5) Reported that the landscaping along the Clarke Road median looks bad now.
6) Stated for the record: "At the last Commission meeting I expressed concerns regarding the traffic
situation on SR 50 and the impact of new development. I didn't want anyone to interpret my
comments as suggesting that we should stop or slow new development on SR 50. I do think that it is
important to closely review the traffic impacts of each project and make sure that any adverse impacts
are minimized. I will personally be looking at this issue on each new project."
7) Said when Wurst Road is resurfaced he would like to see islands added. City Manager Shapiro said
Wurst Road is not wide enough for islands, and he advised Commissioner Howell that the bid opening
was delayed another week in order to get more bids.
Commissioner Howell:
1) Said that the original bid on Wurst Road included sod on the sides and he wanted the road widened to
the mailboxes so the mail vehicles would not have to drive on the grass. City Manager Shapiro said
he would check the bid and see that the sod was included and asked Commissioner Howell to get with
him regarding the road.
Mayor Vandergrift:
1) Said one of the proclamations he made earlier had to do with Housing and Community Development
and he made a booklet available which contained some programs that could be used by the City.
2) Thanked whoever got the benches for the porch.
3) Would still like to see the rails on the lakeside of City Hall lowered so that a person seated in the
chairs could see the lake.
4) Said the sand looks good on the edge of the lake.
ADJOURNMENT
The meeting adjourned at 10:20 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
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