Item #01 Approval of Minutes
MINUTES
OCOEE CITY COMMISSION
April 17, 2007 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 Keller gave the Invocation and Commissioner Hood led the Pledge of
Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner
Keller, and Commissioner Johnson.
Also Present:
City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
I B. PRESENTATIONS AND PROCLAMATIONS
Presentations
Deputy Chief McNeil - presented Battalion Chief Frank Carlsson for his 22 Years of
Service with the City of Ocoee.
Police Chief Reffett - presented certificates of gratitude to Marge Johnstone, Debra Booth,
Rosemary Wilsen, and Martha Lopez-Anderson for their tireless work on the recent Spring
Fling event and all of the volunteer work they do for the City of Ocoee. Martha Lopez-
Anderson thanked the Public Works, Police, and Parks and Recreation Departments for all
of their assistance. Commissioner Johnson and Mayor Vandergrift added that the event
was a big success again this year.
Tommy Sanders Jr. presented the City with a World War II Veteran's Memorial inscribed
photo that was given to his father at the age of 17. Tommy Jr. said his father always wanted
to get it restored and present it to the City so people would remember the World War II
veterans. He said his father, Tommy Sanders Sr., loved the City of Ocoee, he was a fourth
generation resident, and he dedicated his life to veteran's affairs for area residents.
Proclamations. (Mayor Vandergrift)
Municipal Clerks Week - April 29 - May 5, 2007
Arbor Day - April 27, 2007
I C. COMMENTS FROM CITIZENS/PUBLIC - none
I D. COMMISSIONERS ANNOUNCEMENTS
Commissioner Anderson - none
Commissioner Keller - 1) said the Ocoee High School Guard dance group is having Spring
Concert on May 2-3, 2007. 2) said the Orange County School Board rescinded its rezoning on
the Wekiva School (Apopka Relief School) and he thanked the Commission, the Homeowner
Associations, and JoAnn Zeise for their hard work toward that effort.
Commissioner Johnson - 1) said the Lions Club is having its annual golf tournament on
Saturday, May 12,2007. The cost for Foursomes is $250 and for Hole Sponsors $150. Contact
David Wheeler or Jim Sills for more information.
Commissioner Hood- thanked Ocoee High School for hosting Relay for Life this year, they did
an excellent job. 2) congratulated Coach Hamilton for receiving the Athletic Trainer of the Year
City Commission Regular
April 17, 2007
award. 3) congratulated Joel Torres, varsity baseball, who signed a letter of intent to play
baseball at a college in South Florida, 4) this Saturday, Charity Girls Softball for breast cancer
awareness will be held at Ocoee High School.
Mayor Vandergrift 1) said the Relay for Life in Orange County is expected to earn close to
$200,000 for cancer research, Ocoee and Winter Garden Fire Departments raised $1,000. The
winning business was Crawford Tire from Ocoee who raised approximately $13,000. 2) said on
Saturday night he also attended the play "You're a Good Man, Charlie Brown" at Ocoee High
School and the CACOPD Awards Ceremony at the Women's Club for outstanding achievements
in the police department. 3) announced the meeting with School Board Representative Jim
Martin on April 23, 2007, at 7:00 p.m. in the Commission Chambers.
I E. CONSENT AGENDA I
Mayor Vandergrift said staff has asked to pull items #3 and #4 off the Consent Agenda to be
heard at a later date.
Commissioner Anderson pulled Items #5, #6, #8, and #10 from the Consent Agenda for
discussion.
1. Approval and Acceptance of the Regular City Commission and Economic Development
Workshop Minutes of April 3, 2007. (City Clerk Eikenberry)
Approved on Consent. Motion carried 5-0.
2. Reappointment to the Human Relations/Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve two-year terms. The board has recently received
resignations from Members Phillip Lee Fatt and Karen Lee Fatt. Members Murray and Vereen have declined
reappointment. Due to resignations and declinations, the Human Relations Diversity Board currently has eleven
(11) members and their resolution allows for no less than seven (7) members and no more than fifteen (15)
members. The two-year terms for Members Sandra Davidson and Matt Garland are due to expire in May. Both
Members have indicated an interest in reappointment for another two-year term ending in May of 2007. There
are no applications on file.
Approved on Consent. Motion carried 5-0.
3. Approval of Amendment to Wal-Mart Plat Pertaining to Steak 'n Shake. (City
Engineer Wheeler)
This plat for Steak 'n Shake at Ocoee (the "Steak 'n Shake Plat") is a one-lot plat for a 1.076 acre commercial
site located on the south side of State Road 50, immediately west of the western entrance to the Wal-Mart at
Ocoee Plaza.
Pulledfrom the Agenda to be Heard at a Future Date
4. Approval of Plat for Citrus Medical and Executive Park. (City Engineer Wheeler)
This plat is for Citrus Medical and Executive Park which is a 5.81 acre commercial development. Citrus
Medical and Executive Park is located on the south side of Old Winter Garden Road across from the entrance to
the hospital. Blackwood A venue is the closest street to the west and Matador Drive is the closest to the east. All
required documentation pertaining to the platting of this development has been reviewed and approved by City
staff.
Pulled from the Agenda to be Heard at a Future Date
5. Approval for Intent to Annex for Water Service for Elizabeth L. Whittemore
Properties at 1137, 1143, 1149, 1155, 1161, and 1167 Clarcona-Ocoee Road. (City
Engineer Wheeler).
Mrs. Whittemore, who resides at 2026 Clarcona-Ocoee Road and who owns the aforementioned properties,
approached the City for utility service. The properties were platted as part of the North Ocoee Addition No. 1
and undeveloped until recently. Currently Mrs. Whittemore is building single family residences on the six lots
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City Commission Regular
April 17 , 2007
and wants to connect to Ocoee' s water system. 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.
Pulledfrom the Consent Agendafor Discussion and Separate Vote.
Commissioner Anderson said the about the properties that are on the water system that are not
contiguous, what happens if they should become contiguous, becomes homes area being built
right now, do they automatically come into the city? City Engineer Wheeler said according to
the agreement they are required to annex, and if they choose not to, the City has the right to
discontinue water service. City Attorney Rosenthal said that doesn't mean they have the option
not to annex, it will just give the city a backstop enforcement mechanism; for example, if they
brought a legal action against the city saying it wasn't enforceable with respect to the mandatory
annexation, the city could discontinue water service.
Commissioner Anderson, seconded by Commissioner Johnson, moved to
approve the Intent to Annex for Water Service for Elizabeth L. Whittemore
Properties on Clarcona-Ocoee Road. Motion carried 5-0.
6. Approval for Silver Glen Reclaim Water Distribution System Change Order No.2.
(City Engineer Wheeler)
The Silver Glen Reclaimed Water Distribution System project is providing reuse service to the 245 residences
in the Silver Glen subdivision. The project is a retrofit of the reuse piping into an existing development that
was completed before the City moved into the reuse distribution business and required developments to install
reuse pipelines within the subdivision. The project includes the installation of four, six, and eight inch
pipelines, appropriate fittings and valves, and service lines to the customers. Young's Communications Co.,
Inc., the contractor of record for the project, is nearing completion of the reclaim water distribution system in
the Silver Glen subdivision. During the course of the project, several small sections of sidewalk needed to be
removed to facilitate installation of pipe fittings, valves, connections, and services. Upon completion of the
distribution pipe installation, the sidewalks were replaced. This item of work was not included in the original
bid itemization for the project. The sidewalk removal and replacement was approved at each location on an as
needed basis; there were other locations that the contractor chose to remove and replace sidewalks for his
convenience that are not being reimbursed by the City. The negotiated cost for this work is $11,456.20 with no
adjustment in contract time. The new contract value including Change Order No.2 is $819,863.10 with no
adjustment in contract time. The change order is attached for review.
Pulledfrom the Consent Agendafor Discussion and Separate Vote.
Commissioner Anderson asked if they should have bid the concrete areas. City Engineer
Wheeler said there was not a line item in the bid package for that; it was an error in putting the
package together.
Commissioner Anderson, seconded by Commissioner Johnson, moved to
approve the Silver Glen Reclaim Water Distribution System Chanae Order No.2.
Motion carried 5-0.
7. Approval to Replace Grit Classifier at Wastewater Treatment. (Utilities Director
Smith)
The City of Ocoee Wastewater Plant's grit classifier, located before the oxidation ditches, efficiency has
significantly decreased due to constant malfunctions. The classifier device cannot be rebuilt and is in need of
replacement. Staff is recommending the purchase, through Sanders Company (distributor), a Smith and
Loveless Grit Classifier Model 15 Screw conveyor 304L in Stainless Steel with Ni-Hard Concentrator. The
Smith and Loveless classifier is similar in configuration to the existing unit making it possible for staff to install
the unit. The cost for the unit will be $45,643.00.
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City Commission Regular
April!7,2007
Approved on Consent. Motion carried 5-0.
8. Approval to Piggy-back off State Contract 730-650-99-1 for Upgrading Nortel Phone
System. (Information Systems Director Ross)
The City's current phone system contains components that are no longer supported by the manufacturer. The
City can upgrade the current system, completely replace the entire phone system, or do nothing. Embarq, who
maintains our current system, can upgrade the phone equipment for $90,000. The remaining budget will be
used to upgrade the network infrastructure to support the upgraded phone system and technology.
Pulledfrom the Consent Agenda for Discussion and Separate Vote.
Commissioner Anderson asked if we upgrade what we have now, are we going to have to
upgrade annually or will this upgrade last over a few years. Information Systems Director
Ross said that the upgrade is to bring us up to the latest hardware and software, and include new
technology such as voiceover IP, with the Beech Center being the first to be done.
Commissioner Anderson, seconded by Commissioner Keller, moved to approve
the Piaay-back off State Contract 730-650-99-1 for Uparadina Nortel Phone
System. Motion carried 5-0.
9. Approval for 2005-06 Resurfacing Program Close Out Change Order. (Public Works
Director Krug)
Request close out of the 2005-06 resurfacing program by issuing a change order to Orlando Paving Company in
the amount of $8,362.48.
Approved on Consent. Motion carried 5-0.
10. Approval for Addition to Contract B05- 06 with GroundTek in the Amount of
$7374.45 for City Wide Rights-Of-Way Mowing. (Public Works Director Krug)
At present the City's Rights-of-Way mowing contractor, GroundTek performs one mowing per month from
October to April (non-growing season) and two mows per month from May to September (growing season). In
order to ensure that the City's Rights-of-Way are properly maintained, staff approached GroundTek about
increasing to twice a month in April to ensure the City's Rights of Way continue to be well manicured prior to
moving into growing season. An additional cut in the month of April to all city contracted Rights of Way will
be a funding increase of$7,374.45.
Pulledfrom the Consent Agendafor Discussion and Separate Vote.
Commissioner Anderson said we were trying to keep our budget tight, why are we adding an
additional cut. Public Works Director Krug said that we can go down to one cut, but need the
option of going to two cuts if needed. We have had a few times when a second cut was
necessary. City Manager Frank said we have to monitor the rain and growth and we won't use
the second cut if we don't need to. Public Works Director Krug stated that our plan now is to
do the extra cuts because it appears we will continue to need them, and future contracts will have
the cost of additional cuts in as a contingency.
Mayor Vanderarift, seconded by Commissioner Johnson, moved to approve the
Addition to Contract 805-06 with GroundTek in the Amount of $7374.45 for City
Wide Riahts-Of-Way Mowina. Motion carried 4-1, with Commissioner Anderson
opposed.
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City Commission Regular
April 17 , 2007
11. Approval of Joinder and Consent to First Amendment to Declaration of Easements,
Covenants, Conditions, and Restrictions for Ocoee Commons PUD. (City Attorney
Rosenthal)
Ocoee Commons, LLC and Blackwood/50, LLC (collectively, the "Applicant") have requested that the City
consent to the fIrst Amendment, which upon recording in the Public Records, will serve to amend the
Declaration of Easements, Covenants, Conditions and Restrictions for Ocoee Commons PUD. The First
Amendment amends the Ocoee Commons Declaration to provide for reciprocal cross parking easements over
and across the individual parking areas located within Lots D2 and Lot Q of Ocoee Commons PUD and Lots 1
and 2 of Blackwood at Ocoee Commons (being a replat of Lot Dl ofOcoee Commons PUD). The cross parking
easements granted pursuant to the fIrst Amendment are for the benefIt of the owners of all such lots.
Approved on Consent. Motion carried 5-0.
Consent Agenda Vote:
Commissioner Keller, seconded by Commissioner Hood, moved to approve
Consent Aaenda Items #1, #2, #7, #9, and #11 as presented. Items #3 and #4 were
pulled from the aaenda by staff, and Items #5, #6, #8, and #10 were removed from
the Consent Aaenda by Commissioner Anderson and heard separately. Motion
carried 5-0.
I F. PUBLIC HEARINGS - ORDINANCE SECOND READING
12. McCully Property. (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Thursday,
April 5, 2007). (Principal Planner Rumer)
Charles McCully is requesting the annexation of a 0.8 :!: acre parcel and a change of zoning from Orange
County "A-I" (Citrus Rural) to the City of Ocoee "R-l" (Single-Family Dwelling) on a property located on
the west side of Adair Street, 155' North ofVignetti Park. The applicant is proposing two single family homes
after a short form subdivision plat is processed under a separate review. Based on the recommendations of the
DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners
adopt the ordinance to annex the 0.8 +/- acres of land known as the McCully Property, and also adopt the
ordinance to rezone the property to "R-l" Single-Family Dwelling District".
a. Annexation Ordinance
City Attorney Rosenthal read the title of the ordinance.
Principal Planner Rumer gave a summary of the request for annexation.
Mayor Vandergrift opened the Public Hearing.
James Fleming, 511 Orange Avenue, said this property is .8 acres which is about 38,000
square feet and the owner will be able to build two homes on it which will be more than 7,000
square feet for each house. He said he is in favor of approving the item and getting the property
taxes.
Mayor Vandergrift closed the Public Hearing.
Commissioner Hood, seconded by Commissioner Johnson, moved to approve
on second readina, Ordinance No. 2007-004 annexina into the City of Ocoee a
0.8 acre property owned by Charles McCully. Motion carried 5-0.
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April 17 , 2007
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE 2007-004
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE
LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.8 ACRES LOCATED WEST OF AND ADJACENT TO ADAIR STREET AND
APPROXIMATELY 155 FEET NORTH OF VIGNETTI PARK 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.
b. Rezoning Ordinance
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing.
Mayor Vandergrift closed the Public Hearing.
Commissioner Keller. seconded bv Commissioner Hood. moved to approve on
second readina. Ordinance No. 2007-005. rezonina the 0.8 acre property owned
bv Charles McCullv to R-1" Sinale-Familv Dwellina District. Motion carried 5-0.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE 2007-005
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R-l,
"SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.8 ACRES LOCATED WEST OF AND ADJACENT TO ADAIR STREET AND
APPROXIMATELY 155 FEET NORTH OF VIGNETTI PARK PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
13. West 50 Commercial Subdivision. This Public Hearim! will be continued until the Mav
1. 2007. Citv Commission Meetim!. (Advertised as Public Hearing in the Orlando Sentinel Orange
Extra on Thursday, April 5, 2007). (Senior Planner Howell)
The subject property is located east of SR 429 and north of the Florida Turnpike in unincorporated Orange
County. The applicant is proposing to develop a four lot commercial subdivision on the subject property and the
property to the north, which is currently in the City and is zoned C-3 (General Commercial). Based on the
recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor
and City Commissioners adopt the ordinance to annex 2.25 acres of land known as the West 50 Commercial
Subdivision and also adopt the ordinance to rezone the property to C-3 (General Commercial).
a.Annexation Ordinance
b.Rezoning Ordinance
c.Preliminary/Final Subdivision Plan
d.Annexation and Development Agreement
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City Commission Regular
April 17 , 2007
Mayor Vandergrift announced that this Public Hearing will be continued until a Time Certain
on May 1,2007, at 7:15 p.m. or as soon thereafter as may be heard.
I G. PUBLIC HEARING - ORDINANCE FIRST READING
14. Concurrency - Proportionate Fair-Share Mitigation Ordinance. (Advertised as Public
Hearing in the Orlando Sentinel Orange Extra on Thursday, April 5, 2007. Second reading and second Public
Hearing will be held on May 1, 2007). (planning Manager Armstrong)
The Growth Management Legislation of 2005 created the "Pay as You Grow" concept and expanded key
principles of the current growth management act, which has remained largely unchanged since it was passed
in 1985. During those twenty (20) years, Florida has maintained a growth management policy called
"concurrency." Under the new act, the concept of concurrency has been modified to include "proportionate
fair share." Local governments were directed to adopt a methodology for assessing proportionate fair share
by December 1,2006. This new concept allows concurrency to be satisfied for roads if a developer furnishes
a proportionate fair share of money, land or other developer-provided value to mitigate the impact caused by
its new project. However, this can only be applied if the roads to be improved and/or funded by proportionate
fair share are included in the local government's capital improvement plan (CIP). This concept is not an
absolute right granted to a developer. It is still ultimately subject to local government discretion either by
action amending a local CIP, to include improvements to be funded by proportionate fair share, or by
determining adequate revenue required to fund the proportionate fair share improvements is 'reasonably
anticipated.' Although local governments were directed to adopt a methodology by December 1, 2006, staff
has been in contact with the Department of Community Affairs (DCA) and we were assured the DCA is not
enforcing the directed deadline. As most local governments replicated the model ordinance crafted by the
Florida Department of Transportation (FDOT), which relies on improvements included in the CIE, staff and
the consultant needed more time to formulate a methodology that would not adversely affect development.
City Attorney Rosenthal read the title of the ordinance. He advised that because it was an
amendment to the Land Development Code it required two advertised public hearings and
tonight is the first of those two hearings.
Catherine Armstrong, Planning Manager gave a summary of the Growth Management
Legislation and the concept of concurrency. In 2005, the key principal of concurrency was
expanded to include Proportionate Fair Share. This allows concurrency to be satisfied for
roads if the developer furnishes a Proportionate Fair Share (money, land, etc.) to mitigate
the impact costs by these new projects. This only applies to roadways that are on our CIP.
Commissioner Anderson asked what if something was not on our CIP.
Nick Lepp, Renaissance Planning Group, said if it is not on the CIP you would still have
to negotiate the impacts and the developer would have to mitigate those impacts normally
or improve the road to meet concurrency. Mr. Lepp continued by summarizing the new
statutory requirements of Proportionate Fair Share, part of the concurrency section of the
Land Development Code, which applies to roads only. Commissioner Anderson asked
for clarification with the correlation between Proportionate Fair Share and Impact Fees.
City Attorney Rosenthal said this provides that if you make a payment under
Proportionate Fair Share (cash or land), you would be entitled to road impact fees credits
with respect to that proportionate fair share. We have historically not given road impact fee
credits in order to stretch the transportation dollars. To the extent that someone is
contributing land for a road project in the CIP, we must give them road impact fee credits.
It appears, in other jurisdictions, that in most cases the proportionate fair share contribution
is materially higher than the impact fees because road construction costs have raised so
much. If it happens to be a very expensive road with Proportionate Fair Share, it may be a
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City Commission Regular
April!7, 2007
very expensive payment. Commissioner Anderson said if a developer pays Proportionate
Fair Share for roadways, the City is bound by law to do road improvements within three
years. City Attorney Rosenthal said that is why many jurisdictions have been reducing
their CIP, because now there is a mandatory obligation to complete the road improvements
simply because you have completed one project in the program and started the clock
running. City Attorney Rosenthal said this is mandated by State Statute; we are included
in several other cities that missed the due date of December 1, 2006; we do not have an
option not to approve it. Mayor Vandergrift asked if education will be added to this
concurrency issue. City Attorney Rosenthal said the School Board is working on it with a
task force of stakeholders and it should be put into place next year. City Manager Frank
confirmed that Commissioner Keller and Mayor Vandergrift were appointed by the City as
the Stakeholders in the Committee.
Mayor Vandergrift opened the Public Hearing.
R.P. Monacky asked for clarification on the new legislation and how we got behind.
Mayor Vandergrift advised we are not as far behind in our road building program as
many other cities; it is very hard to keep up with the demands of the new legislation.
Mayor Vandergrift closed the Public Hearing.
I H. REGULAR AGENDA
15. Consideration for 2006-07 Resurfacing Program. (Public Works Director Krug)
The Commission approved $735,000.00 for the City road resurfacing program in the 2006-07 budget. At the
February 20, 2007, Commission meeting, $213,320.00 was transferred to the resurfacing project carried forward
from the 05-06 program for Clarke Road from SR 50 to Orlando Ave. The transfer was required to complete this
project due to the increases in asphalt production costs experienced industry wide. This transfer left a remainder of
$218,680.00 for resurfacing Clarke Road from Silver Star to A.D. Mims Rd. It is estimated that $240,416.38 will
cover the resurfacing for following programmed streets: Russell Dr., Paula Michele Ct., Spring Ave., Lakeview Dr.,
Orange Ave., Franklin St., Highland Springs Dr., Sandy Beach Rd., Spring Creek Dr. and Willow Creek Rd. The
remaining budget of $65,583.62 for the West Orange Industrial Park is insufficient to cover the estimated
$172,613.61 necessary to resurface Enterprise St., Roper Pkwy and Capitol Ct. These roads are generally
structurally sound and only have a few isolated locations where pot holes have developed in the asphalt. The repairs
have been in place for many months without additional holes developing. Based on the current cost of asphalt and
the apparent structural integrity of the programmed roads, Public Works recommends the following:
Proceed with the resurfacing of the residential streets for a not to exceed amount of $245,000.00.
Defer the resurfacing of the West Orange Industrial Park until such time as the asphalt surface begins to show
deterioration, jeopardizing the structural integrity of the roads (Approximately 2 years).
Discussion occurred regarding the resurfacing of Clarke Road from Silver Star Road to AD
Mims Road. Public Works Director Krug said it will be on next year's program. Mayor
Vandergrift said we should consider tarring some of the parking lots along Clarke Road.
Commissioner Hood asked about Russell Drive and Russell Circle, if we are coordinating to
pave the parking lot in the parks. City Manager Frank said it is not showing up on the street
resurfacing program because it is coming out of the Parks budget. Commissioner Anderson
asked if we could evaluate the need for road tables on Russell while we are preparing to
resurface it. Mr. Krug said we can look at that, however the road tables are put in by another
contractor. He said he is looking heavily at the traffic calming program and he will consider that
also. City Manager Frank said we have not had any request for traffic calming there and we
would like the neighborhood buy in, but if the Commission wishes to direct that we do that, we
can add it. Mr. Krug said they can put traffic detectors around there to collect data.
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City Commission Regular
April!7, 2007
Commissioner Hood said he is concerned mainly about the safety right in front of the park
where ducks are getting run over, so he would like to see speed tables in front of the park to keep
the kids safe. Commissioner Keller said while we are looking at traffic calming, Ingram Road
should also be studied. City Engineer Wheeler explained the timeline for the widening and
road improvements of the Ingram Road area. Mayor Vandergrift asked City Engineer Wheeler
to write a memo to the Commission stating all of the future plans for the Ingram Road area.
Consensus of the Commission was to defer the resurfacina of the roads in the
West Oranae Industrial Park and to move forward with the residential roads as
follows: Russell Dr., Paula Michele Ct., Sprina Ave., Lakeview Dr., Oranae Ave.,
Franklin St., Hiahland Sprinas Dr., Sandy Beach Rd., Sprina Creek Dr. and Willow
Creek Rd.
16. Consideration of Ex-Officio and Other Board Appointments for Commissioners and
Discussion Regarding Commission Appointments to City Advisory Boards. (City Clerk
Eikenberry)
After each Municipal Election, the Mayor and City Commission evaluate and/or reassign commissioner's
memberships to various City and outside Boards. The current list of Board includes: Citizen Advisory Council
for Fire Department, Citizen Advisory Council for Police Department, Ocoee School Advisory Board, Parks &
Recreation Advisory Board, Personnel Board, Human Relations Diversity Board, Landscape Committee,
Educational Incentive Committee, Tri-County League of Cities, West Orange Chamber of Commerce, West
Orange Health Alliance, and West Orange Airport Authority. Additionally, the Mayor requested a discussion
regarding the appointment of Ex-Officio Commission Members Serving on Various City Advisory Boards.
The consensus of the Commission was to appoint the Commissioners to Boards
as follows:
I City Boards - Ex-Officio Members
Citizen Advisory Council for Fire Department - no change
Commissioner Keller (appointed 6-6-06)
Citizen Advisory Council for Police Department - no change
Commissioner Johnson (appointed 6-6-06)
Ocoee School Advisory Board - no change
Mayor Vandergrift (appointed/reappointed since 2-05-02)
Parks & Recreation Advisory Board
Commissioner Anderson (appointed/reappointed since 12-5-95)
***changed from Commissioner Anderson to Commissioner Hood
Personnel Board - Commissioner Hood (appointed 6-6-06) - no change
Human Relations Diversity Board
Mayor Vandergrift (appointed since inception in 2004)
***changed from Mayor Vandergrift to Commissioner Keller
Landscape Committee - no change
Commissioner Anderson (appointed 8-15-06)
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City Commission Regular
April 17 , 2007
I City Committees
Educational Incentive Committee - Commissioner Hood (appointed 6-6-06)
***changed from Commissioner Hood to Commissioner Johnson
Founders' Day Committee
***added to list of boards with Commission liaison and officially appointed Commissioner Johnson
I Other (outside agencies)
Tri-County League of Cities (Orange/Seminole/Osceola) - no change
Commissioner Anderson (appointed 6-6-06)
West Orange Chamber of Commerce - no change
Commissioner Johnson (appointed 9-5-05)
City Manager Frank (appointed 01-01-07)
West Orange Health Alliance
Commissioner Anderson (appointed/reappointed since 5-2-2000)
***changed from Commissioner Anderson to Commissioner Hood
West Orange Airport Authority - Commissioner Anderson (appointed 6-6-06) - no change
I Other items discussed during Item # 16
Mayor Vandergrift asked that staff post the Monday, April 23rd Meeting with School Board
Member Jim Martin and urged everyone to attend.
Commissioner Anderson announced the Landscape and Irrigation Seminar on April 27, 2007 at
5:00 p.m. Utilities Director Smith said that they are giving trees away. Contact the Utilities
Office for reservations at 407-905-3100 ext 4000.
Mayor Vandergrift asked about Arbor Day. Parks and Recreation Director Hayes said we
are having a tree planting ceremony on Thursday at the Community Center with the Seniors and
Tiny Tots Program, and one in the afternoon at the Beech Center with the after school program.
There will be a press release on these events.
Commissioner Johnson gave an update of entertainment that they are coordinating for this
year's Founders' Day Event.
I I. STAFFREPORTS
City Manager Frank 1) announced the Chamber of Commerce Best Fest at Veranda Park on
Thursday night beginning at 5 :00 p.m. 2) reminded the Mayor and Commission about the Health
Insurance Workshop tomorrow night. 3) advised that he will be on vacation all next week and
Jamie Croteau will be Acting City Manager.
I J. COMMENTS FROM COMMISSIONERS
Commissioner Keller - no comments
Commissioner Johnson said the owners of the two story house, on comer of Delaware and
Bluford, are no longer mowing since we asked them to remove trees on the front of their
property; now it has becoming a jungle. City Manager Frank said it appears to be a code issue,
Page 10 of 12
City Commission Regular
April 17, 2007
and he will have Code Enforcement look into it. Commissioner Anderson said he reported it to
Code Enforcement last Tuesday, 2) said he would like to pursue a Veteran's Memorial
Committee to move the existing memorial to the Ison Center and add to it to become a nice
memorial park.
Commissioner Anderson. seconded by Commissioner Hood. moved to approve a
Veteran's Memorial Committee with Commissioner Johnson actina as the Board
liaison. Motion carried 5-0.
Resident James Fleming volunteered to be on the Committee. Commissioner Johnson said have
an employee, Steve Frey, in the engineering department who has come up with a great design for
a memorial and he would like to have him present it to the Commission. Mayor Vandergrift
said the committee should look at the Memorial at the cemetery on Ingram Road, which is a
bronze statue representing all four services. Commissioner Johnson said he will try to get some
names together and bring it back. 3) said the City has always purchased a foursome and a hole
sponsorship for the Lions Club Golf Tournament and he would like to do it again this year.
Commissioner Anderson. seconded by Commissioner Johnson. moved to
purchase a City Team foursome ($250) and a hole sponsorship ($150) for the
Lions Club Golf Tournament on May 12. 2007. and the $400 should be taken from
the continaency fund. Motion carried 4-0.
4) said, at the Economic Development workshop, we discussed possibly bringing someone in to
analyze the permitting and plan review procedures, and he would like to get clarification on what
direction the Commission should give to staff. Discussion followed on how to handle the
analysis. Consensus of the Commission was to have the City Manaaer brina back
cost fiaures on havina an outside professional aaency do a study. and look at the
feasibility of havina another city offerina to analyze our processes.
5) he said he would like to see the City donate to the renovation of the old theater into a cultural
center in Winter Garden because it is part of Ocoee resident's history. He said he would like to
see how we can contribute in a way that benefits Ocoee residents. Consensus of the
Commission was the Commissioner Johnson should approach them to see what
can be done.
Commissioner Anderson 1) said the Landscape and Irrigation Seminar is April 27, 2007, at the
Community Center, there are 150 seats, 50 have been reserved. There will be food and
educational materials given out.
Commissioner Hood 1) said he would like to get a total cost of replacing water pipes in District
1, for total replacement. Utilities Director Smith said there are a lot of mains we don't know
what material they are made of. We can come up with total cost, and then some type of factor to
reduce what we do or don't know. Commissioner Hood said if there is some way we can
prorate it over a two year period of time, he would like to have this information for budgetary
issues. He stated that he understands it will be very expensive, but would at least like to get the
figures together for budget time because it needs to be done. Mayor Vandergrift added that he
had a complaint in Brentwood about low pressure since the water tower was taken down.
Utilities Director Smith said he would have to look at the specific person who is complaining to
figure out the cause of the pressure drop.
2) asked about how we are progressing with the sidewalk improvements that were in this year's
budget. Public Works Director Krug, said there are three projects that were projected for this
year: a) Hawaii, Utilities Dept. is getting ready to install water lines so we are holding off; b)
Lyman is part of the Lakewood area where we are doing some work with CDBG money, so we
Page 11 of 12
City Commission Regular
April 17, 2007
are waiting for that to be finished; and c) Orlando Avenue, there are some legal issues there with
the fence relocation that we are dealing with. He said we are also looking at some other areas
that residents are requesting sidewalks, and we will see what we can do with those, depending on
funding. Commissioner Hood said he will bring up some specific areas at budget time. Mayor
Vandergrift said make sure the residents want sidewalks before you propose them, because
sometimes they don't. 3) Commissioner Hood noted that by Ocoee High School sidewalks have
been placed coming down from the northern end to the school, and now they are doing southern
end; he said he knew they are not going to put sidewalks on Fuller's Cross and West Road due to
all the development, but at least county is moving on that. City Engineer Wheeler said the
section of West Road between Ocoee Apopka road and SR 429 is supposed to be a four-lane
divided road with sidewalks going in.
Commissioner Anderson said he would like the Commission to consider an aggressive idea he
has with regard to Health Insurance, where the City would be a group health insurance plan and
offer insurance to the residents of the City. Human Resources Director Carnicella said he
spoke to Crown consulting about this because Commissioner Anderson mentioned it last week.
Crown said they would be willing to offer some very preliminary discussion on this at the
workshop tomorrow night. It is an aggressive concept, it has been done in other places, but we
would need to discuss all of the pros and cons of this type of plan.
Mayor Vandergrift said that the fence around Thornbrooke is now covered with four feet of
weeds. City Manager Frank said he will have staff look into it.
I ADJOURNMENT
The meeting was adjourned at 9:37 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
Page 12 of 12
MINUTES
OCOEE CITY COMMISSION
May 1, 2007 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: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner
Keller, and Commissioner Johnson.
Also Present:
Assistant City Attorney Palmer, City Manager Frank, City Clerk Eikenberry
I B. PRESENTATIONS AND PROCLAMATIONS - none
I C. COMMENTS FROM CITIZENS/PUBLIC
Debbie Kirkoff, Sparkling Waters Circle, said she is here on behalf of the Little League and she
would like the City to consider funding two defibrillators for their fields. The cost is
approximately 1200 - 1500 per unit. Commissioner Anderson said this is a budgetary item he
would like City Manager Frank to address, not just for Little League, but Pop Warner, soccer,
and other sports; we can look into getting grants of matching funds. Commissioner Hood said
if there were two at Central Park, one could be used for baseball and one for football. There is
one at the Beech Center but it is not accessible to the sports leagues. Mayor Vandergrift asked
Chief Firstner to look into appropriate placements for units around the City. Consensus of
the Commission without obiection was that Chief Firstner will brina a study back
to the Commission within the next month for placement and cost of AED units at
various locations throuahout the City.
I D. COMMISSIONERS ANNOUNCEMENTS
Mayor Vandergrift introduced Town Councilman John Briggs from Windermere.
Mayor Vandergrift acknowledged Assistant City Manager Jamie Croteau sitting in for City
Manager Frank.
Commissioner Anderson, 1) thanked Utilities Director Smith for the successful Landscape
Seminar, and said it was well attended and very successful. Mr. Smith said they are looking
into doing a rain barrel training seminar in the Fall 2) asked Public Works Director Krug where
we are with the study on the road tables. Mr. Krug advised the data has been tabulated and
there are a few roads that qualify, we should have a report at the next Commission Meeting.
Mayor Vandergrift added that Pine Hills has placed road tables all over their area.
Mayor Vandergrift said he would like to see the City become a Tree City. Utilities Director
Smith said we gave away about 85-95 trees at the seminar. Assistant City Manager Croteau
said Parks and Recreation Director Hayes is working on that and there is an ordinance that will
come before the Commission at a later date.
City Commission Regular
May 1, 2007
Commissioner Johnson - none
Commissioner Hood - none
Mayor Vandergrift - I) announced the Big Orange Games at Ocoee High School on Saturday,
May 5, 2007, and they are looking for volunteers
Commissioner Keller arrived at 7:29 p.m. directly from the School Board meeting.
I E. CONSENT AGENDA
Approved on Consent. Motion carried 5-0.
Members of the Ocoee School Advisory Board serve two-year terms. Currently the Ocoee School Advisory
Board has eight (8) members and their resolution allows no less than seven (7) members and no more than
fifteen (15) members. One application was received from Ms. Fay Alston with interest in serving on the board.
Approved on Consent. Motion carried 5-0.
Progress Energy is requiring the City of Ocoee to grant an easement over a portion of a stormwater pond tract
on the north side of the Maguire Road Townhome entrance located across from Wesmere Parkway in order to
relocate underground the existing overhead power. This is part of a Condition of Approval with Wesmere
Properties to underground existing overhead utilities on the east side of Maguire Road from the Turnpike to
their southern property line. Progress Energy will not locate underground utilities within public right-of-way
and requires a separate easement. Wesmere Townhomes are also granting an easement within the property
along Maguire Road to facilitate this relocation.
Approved on Consent. Motion carried 5-0.
As part of the City Hall Regional Stormwater Pond project it is necessary to demolish two houses on property
purchased for the pond site at the drainage ditch next to City Hall. Staff is requesting permission to piggyback
off of the City of Orlando's contract (BI06-2248) for these types of services. Central Environmental Services,
Inc. submitted the following costs proposals for these city facilities: (1) 33 Lakeview Street $3,600 and (2) 201
N. Bluford St. $4,000.
Approved on Consent. Motion carried 5-0.
The Grundomat directional driller and the Sullair 185 CFM air compressor which were not provided for in this
fiscal years budget, are items that will be used together for directional drilling work by the Utility Department.
This type of work is currently being contracted out to other vendors at a cost to the City of Ocoee for the use of
the equipment, labor, and parts. Wherein, the City of Ocoee's Utility Department will be performing more of
this kind of work as we retrofit and rehabilitate outdated or malfunctioning infrastructure, the purchase of this
equipment will be a cost that will be recaptured within a few months of active usage and split between the water
and wastewater CIP accounts.
Item #5 pulled by Commissioner Anderson to be heard separately.
Page 2 of 10
City Commission Regular
May 1, 2007
Commissioner Anderson asked Utilities Director Smith if we normally get a competitive bid or
do we automatically piggy back with other contracts. Mr. Smith advised that the cost of the
equipment was not much different from one vendor to another, but staff looked at the equipment
that is favored by OUC and felt this was the best source for our purposes as well.
Commissioner Anderson. seconded by Commissioner Johnson. moved to
approve the purchase of the Grundomat Directional Driller and Sullair 185 CFM
Portable Air Compressor. Motion carried 5-0.
Young's Communications Co., Inc., has completed installation of the water mains and service taps for
reclaimed water service in the Silver Glen Subdivision using directional boring techniques. With the
completion of construction, it is possible to state the final unit quantities for the project and to make changes to
the contract that reflect the actual unit quantities installed. The amount of the change order is a decrease of
$127,132.57, a cost based on the contract unit prices and City-measured quantities, with no adjustment in
contract time. The total contract price will decrease to $714,002.67
Approved on Consent. Motion carried 5-0.
Mayor VanderQrift. seconded by Commissioner Keller. moved to approve Consent
AQenda Items #1. 2. 3. 4. and 6. as presented. Motion carried 5-0.
I F. REGULAR AGENDA
The lack of a central sanitary collection system has been the limiting factor in any large scale development in
this area. Typically, the City requires the first developer to design, construct, and pay for extensions and/or
connections to the City's water, sewer, and (now) reuse systems. None of these parcels and/or projects in this
area have been big enough to make this City policy work. Staff was asked by most of the developers and the
City Manager to propose another option that may be acceptable to the development community and the City.
Staff recommends the acceptance of the West SR 50 Development Wastewater Plan as presented by Reiss
Environmental, Inc. and to authorize staff to negotiate a refunding agreement with a developer for the central
sanitary system for the west SR 50 area.
City Engineer Wheeler said that we are discussing potential development alternatives for
the West 50 Development Area, with the main problem being that development is held up
because there is no central sanitary sewer. Historically, the developers have been responsible
for putting in any central sewer system besides what they have on their property. He said
City Manager Frank and Assistant City Manager Croteau challenged staff to come up with a
plan to foster development in the West 50 area and still accomplish what needs to be done in
the way of sanitary sewers. He said they have been working with Reese Environmental to
review the system, and Ed Talton is here to present their report. Mr. Talton reviewed where
and what is "West SR 50", how to serve wastewater to the area, ERUs and Flows to the area,
and developer cost share calculations. He stated that the cost sharing for the West State Road
50/Non-Ocoee West should cover 100% funding for the SR 50 Marshal Farms Force Main.
Developer cost shares will be based on actual costs which are estimated at $700,000 and
Page 3 of 10
City Commission Regular
May 1, 2007
include engineering, contingency, and actual construction. The other piece of the cost share
will be a portion of the upgrade to Lift Station #7 pumps and West SR50 planning and legal
services. City Engineer Wheeler said that the cost was divided based on their proportionate
share (based on projected flows) and they would buy their capacity of the system. The
percentages are in place, if actual construction costs are more or less, they would still pay
their portion based on those percentages. Costs were divided amongst all the developers,
with the first developer bearing the cost of the installation and construction and being
reimbursed by the other properties as they develop and connect to the system. We will still
collect our capital charges and the developers are paying for 100% of the system. Mayor
Vandergrift asked if we have out-of-pocket expenses, and Mr. Wheeler said the only
expenses we have are with Reese Environmental and legal fees. He said the developers he
spoke to feel this is very fair. Mayor Vandergrift asked how long this will take. Mr.
Wheeler said after the first developer puts the system in place, it should all fall into place in
less than three years. City Attorney Rosenthal said there will be a Refunding Agreement on
the next agenda, and the City Code sets forth a maximum seven year pay back, but if
everyone doesn't connect and needs capacity in that seven year period, then the developer
who fronted the money does not get reimbursed and the city does not have to put any money
in. The first developer is the one who bears the risk, but they also get reimbursements from
other developers. He said there will be a detailed development agreement detailing the cost
sharing. Mr. Rosenthal added that we have never done a reimbursement like this, so we
hope this will be a template for utility expansion in other areas of the City.
Mayor Vandergrift confirmed that these properties were part of the CRA. He also asked if
anyone has connected to the 6" water main that we ran from Hwy 50 up to Apopka/Fuller's
Cross Road. Mr. Wheeler said it is 12" and no one has connected yet, they don't want to
pay the capital charges. The Mayor asked if that could be re-engineered to be used with these
sewer improvements. Mr. Wheeler said it could not be re-engineered because it would
jeopardize the operation of the water system because it provides looping between the plants
and provides a good flow to that area that had some deficiencies. Now that developers
understand we are looking at a refunding agreement it has generated interest in moving
forward in that area also. Assistant City Manager Croteau added that Utilities Director
Smith and City Engineer Wheeler should be commended for coming up with a new way to
get the pipeline done without spending money. The smaller businesses along SR50 are small
and could not bear the cost of the entire system so this allows everyone to participate. It is
good for the City and for the CRA.
Commissioner Anderson asked about a law that requires developers to hook up to this
system once it is available. Mr. Wheeler said there is a Federal Law, Public Law 92-500,
that if sewers are available to a property they are required to hook onto it. Most properties
already established are on septic and they are very interested in hooking onto it.
Commissioner Anderson asked if that meant since it would angle up Wurst Road; does that
mean it would be mandatory for the residents on septic to tie into the system? Mr. Wheeler
said those residents are already connected to our gravity system.
Mayor Vandergrift asked about the capacity of the plant with future growth. Utilities
Director Smith said the existing plant has a capacity of 3 million gallons per day and we
current have flows at approximately 1.59; the projections are that we will reach the capacity
of 3 million in about 5 years. Without doing much to the plant we can add another million
gallons of capacity to 4 million. He added that the effluent discharge is what is restricting it,
Page 4 of 10
City Commission Regular
May 1, 2007
which will hold the plant down; we need to get the reclaim system extended out into more
neighborhoods.
Mr. Monacky, 1820 Prairie Lake Blvd., asked if we are going to have to review or raise
current charges. Mr. Wheeler said everyone who comes into the city has to pay a capital
charge, but the future rate increased will depend on how much we need to increase the
capacity.
Commissioner Anderson asked if we can spread the capital charges over a ten-year period
to entice people to hook up. Mr. Wheeler said most people don't have a problem paying the
capital charge which is $1502 per Equivalent Residential Unit (ERU). City Attorney
Rosenthal said we need to be careful about the various bond covenants in terms of the rate
and revenue projections; as a practical matter the way to accomplish payments over time is
through special assessment programs where you would borrow the money up front and
spread payments out over 7 to 10 years. There are other cities in Central Florida that are
doing that to extend sewer service to areas not served.
Commissioner Anderson, seconded by Commissioner Johnson. moved to
approve the West SR 50 Development Wastewater Plan as presented by Reiss
Environmental. Inc. and to authorize staff to neaotiate a refundina aareement
with a developer for the central sanitary system for the West SR 50 area.
Motion carried 5-0.
When Martha Lopez Anderson arrived the Mayor advised her that the Commission had a
consensus earlier to have Chief Firstner bring a study back to the Commission within the next
month for placement and cost of AED units at various locations around the City. Commissioner
Anderson said he thought the consensus was also to place it in the budget. Mayor Vandergrift
said the consensus was to get a report first so that we can determine the number of units and the
costs before we decide what will go in the budget.
Commissioner Anderson moved to place the purchase of three AEDs in the
budaet, at a cost of approximately $1500 per unit. Motion died for lack of second.
I G. PUBLIC HEARINGS - ORDINANCE SECOND READING
Prior to the start of this item, Mayor Vandergrift stated that Planning Manager Armstrong
will be leaving the City on Friday, May 4, 2007. He wished her well in her new position in
Orange County and said she will be missed.
The Growth Management Legislation of 2005 created the "Pay as You Grow" concept and expanded key
principles of the current growth management act, which has remained largely unchanged since it was passed in
1985. During those twenty (20) years, Florida has maintained a growth management policy called
"concurrency." Under the new act, the concept of concurrency has been modified to include "proportionate fair
share." Local governments were directed to adopt a methodology for assessing proportionate fair share by
December 1, 2006. This new concept allows concurrency to be satisfied for roads if a developer furnishes a
proportionate fair share of money, land or other developer-provided value to mitigate the impact caused by its
Page 5 of 10
City Commission Regular
May 1, 2007
new project. However, this can only be applied if the roads to be improved and/or funded by proportionate fair
share are included in the local government's capital improvement plan (CIP). This concept is not an absolute
right granted to a developer. It is still ultimately subject to local government discretion either by action
amending a local CIP, to include improvements to be funded by proportionate fair share, or by determining
adequate revenue required to fund the proportionate fair share improvements is 'reasonably anticipated.'
Although local governments were directed to adopt a methodology by December 1, 2006, staff has been in
contact with the Department of Community Affairs (DCA) and we were assured the DCA is not enforcing the
directed deadline. As most local governments replicated the model ordinance crafted by the Florida Department
of Transportation (FDOT), which relies on improvements included in the CIE, staff and the consultant needed
more time to formulate a methodology that would not adversely affect development.
a. Proportionate Fair-Share Mitigation Ordinance
City Attorney Rosenthal read the title of the ordinance.
Planning Manager Armstrong summarized the Proportionate Fair Share "pay as you grow"
concept as part of the Concurrency Ordinance.
Nick Lepp from Renaissance Planning Group (RPG) reviewed Proportionate Fair Share with a
PowerPoint Presentation.
Commissioner Anderson asked what problems other cities have had who have approved this
already. Mr. Lepp said if you take money for Proportionate Fair Share you are obligated to do
the stated project within the three years of first certificate of occupancy.
Commissioner Anderson said he can envision having to refund money after three years if we
can't do the project and gave an example of not being able to fund a project because of the
property tax issue. He said he is not comfortable because it holds the City to the CIP which is
usually a changing document.
City Attorney Rosenthal said that is why other cities' CIPs are shrinking in terms of identified
programs, to control that risk. If you left all those "dream" projects in, that would allow the
developer to pick any program and force you to provide the funding for it. He said he feels this
program designed by RPG allows the City to limit their exposure by dividing the City into two
Infrastructure Planning Areas (IP As) so the City can pick a specific project in each of those.
Mayor Vandergrift asked if we can re-divide the City at any given time. Mr. Lepp said they
can divide the IP As up with an amendment to the ordinance. City Attorney Rosenthal said the
funds, as they are collected on a prospective basis, will be tied to and can only be used for the
specific project identified in the Proportionate Share Agreement.
Assistant City Manager Croteau said that dividing the City into two IP As allows the
Commission to pick one project in each of those, or if they do want to go with Proportionate
Share, they can do that. She also stated they have been taking a hard look at the CIP and there
will probably be some revamping of it over the next six months.
Mayor Vandergrift opened the Public Hearing.
R. P. Monacky, 1820 Prairie Lake Blvd., said he thinks this is a good way to have controlled
growth, so that all of the incidentals are taken care of before the construction starts.
Commissioner Johnson. seconded bv Commissioner Hood. moved to adopt on
second readina. Ordinance 2007-006 amendina the Land Development Code bv
creatina a new section entitled "Section 9.9 Proportionate Fair Share Mitiaation of
Development Impacts on Transportation Corridors." Motion carried 5-0.
Page 6 of 10
City Commission Regular
May 1, 2007
Mayor Vandergrift-said that everyone should email state legislature and tell them to adjourn.
He advised that the top students at UCF are here because taxes in several other states are 5 times
higher, and now we are considering lowering them more. Weare opening Pandora's box for
people to pour into Florida.
Commissioner Anderson-said they should do to themselves first. They are not considering
cutting their own budget, but they are severely cutting budgets on county and municipal levels
across the state.
Commissioner Johnson-we need to go to Tallahassee and be heard, we are not doing that
enough. He also said he has not heard much from our lobbyist or the League of Cities.
Commissioner Keller-said when he went up to Tallahassee the Florida League of Cities was
there trying to push hard on the tax issues with regard to the Bill in the House. They are doing
something by pushing the tax issues, but the individual cities should do more.
Mayor Vandergrift-said he encourages all of the commission to be more involved with Florida
and Tri-County League of Cities, and some of their sub-committees.
Assistant City Manager Croteau-said we have an RFP out at this time for Legislative
Consulting Services and it will be coming before the Commission in the next few months. We
want the new lobbyist to sit down with the City staff and work with the Commission to develop a
legislative plan.
I H. ORDINANCE FIRST READING
The subject property is located on the south side of White Road, 1300' west of the intersection of S. Clarke
Road and White Road. Albert Sonntag is requesting the annexation of a 0.85 :I: acre parcel and a change of
zoning from Orange County "A-I" (Citrus Rural) to the City ofOcoee "R-lAA" (Single-Family Dwelling) on a
property located on the south side of White Road, 1300' west of the intersection of S. Clarke Road and White
Road. Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that
Honorable Mayor and City Commissioners adopt the ordinance to annex the 0.85 +/- acres of land known as the
Sonntag Property, and also adopt the ordinance to rezone the property to "R-lAA" Single-Family Dwelling
District" .
a. Annexation
City Attorney Rosenthal read the title of the Ordinance. Mayor Pro Tern Johnson
announced that the Second Reading and Public Hearing are scheduled for May 15,2007.
b. Rezoning
City Attorney Rosenthal read the title of the Ordinance. Mayor Pro Tern Johnson
announced that the Second Reading and Public Hearing are scheduled for May 15,2007.
East side of Ocoee Apopka Road, 2,500 feet southeast of the intersection of Ocoee Apopka Road and Fullers
Cross Road. The City of Ocoee is requesting the annexation of a 37.12 :I: acre parcel and a change of zoning
from Orange County "A-I" (Citrus Rural) to the City ofOcoee "R-lAA" (Single-Family Dwelling). The City
of Ocoee is proposing to develop a recreational park on the subject property. Based on the recommendations of
the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City
Commissioners adopt the ordinance to annex the 37.12 +/- acres ofland known as the Rogers Property, and also
adopt the ordinance to rezone the property to "R-lAA" Single-Family Dwelling District".
Page 7 of 10
City Commission Regular
May 1, 2007
a. Annexation
City Attorney Rosenthal read the title of the Ordinance. Mayor Pro Tern Johnson
announced that the Second Reading and Public Hearing are scheduled for May 15,2007.
b. Rezoning
City Attorney Rosenthal read the title of the Ordinance. Mayor Pro Tern Johnson
announced that the Second Reading and Public Hearing are scheduled for May 15, 2007.
The subject property is located on the north side of SR 50 (W. Colonial Drive) and between Blackwood
A venue and Clark Road. The City of Ocoee is requesting the annexation of a 1.95 ::l: acre parcel and a change
of zoning from Orange County "A-I" (Citrus Rural) to the City of Ocoee "C-2" (Community Commercial).
The city is proposing to construct a future right-of-way and stormwater abatement area. Based on the
recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor
and City Commissioners adopt the ordinance to annex the 1.95 +/- acres of land known as the FDOT Surplus
Property, and also adopt the ordinance to rezone the property to "C-2" Community Commercial District.
a. Annexation
City Attorney Rosenthal read the title of the Ordinance. Mayor Pro Tern Johnson
announced that the Second Reading and Public Hearing are scheduled for May 15, 2007.
b. Rezoning
City Attorney Rosenthal read the title of the Ordinance. Mayor Pro Tern Johnson
announced that the Second Reading and Public Hearing are scheduled for May 15,2007.
Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic) is being revised to provide
more effective parking enforcement measures within the city limits of Ocoee. The revisions include, but are not
limited to: increasing parking citation fines from $10 to $40 per violation, providing for procedures and
requirements for contesting parking citations, providing enforcement for non-compliance, creating a parking
infraction hearing board, imposing a $5 surcharge to help offset the City's costs of the School Crossing Guard
program, and prohibiting parking of vehicles offered for sale in road rights of way.
City Attorney Rosenthal read the title of the Ordinance. Mayor Pro Tern Johnson
announced that the Second Reading and Public Hearing are scheduled for May 15,2007.
I I. STAFF REPORTS - none
I J. COMMENTS FROM COMMISSIONERS
1) stated that the School board came up with 8 proposals, mostly from
portions of the previous plan that had been passed. There were 8 maps and from those, none of
them included the land between Clarcona Ocoee and McCormick. He stated that he requested
two additional maps with that area included and excluded. He added that next year there will be
as many portables at Wekiva as there are now at Ocoee. All eight maps will be brought back to
the Board tomorrow. Most maps have what we would like as far as getting the Ocoee students
back, with the exception of 15 students. He stated that he asked about his presentation and they
told them if he can get six people to give their time at tomorrow night's meeting, he would be
Page 8 of 10
City Commission Regular
May 1, 2007
able to do his presentation. Mayor Vandergrift inquired about the RFQ for the Charter School
and if there were any responses. Assistant City Manager Croteau stated she would check into
that, they have had many interested parties but she is unsure how many responses we received.
Mayor Vandergrift stated that he went to a Community Meeting in Pine Hills with the School
Board and there were 150-200 people present. The School Board is asking for assistance from
the community now, but seemed confused about what they are going to do with Evans. There
were around 15 people that said they did not want to move their school and wanted to know what
they could do to make it stay. The School Board immediately stated that was not what the
meeting was about. He added that he would love to find an attorney who would take on the
School Board as pro bono work, with regard to the Evans school move.
2) stated that regarding the recent insurance discussions, he would like to look at the Pension
Plan for current retirees or a 13th check. He added that if you get to the 12%-13% mark, any
money made in that percentage would be given back to retirees in the form of a 13th check.
Anything over 13% would stay in the plan. Mayor Vandergrift stated that sounded like
something that should be addressed at a work session. Commissioner Anderson inquired if that
was something that needed to go before the Pension Board. Consensus of the
Commission. without obiection. is that staff should look into arranaina a ioint
work session with the Pension Board.
3) announced that the OHS Dance group has their last performance of the year at 7:00 p.m. for
1) inquired about the Lions Club Golf Tournament. Staff Engineer
David Wheeler announced that the Lions Club golf tournament is on May 1ih at 8 a.m. with a
shotgun start. The cost is $75/player or $250/team. There are hole sponsor positions available at
$150 per hole. He stated to call him with any questions.
2) stated that the Police Awards Banquet was very nice and commended Police Chief Reffett. 3)
said that many tickets are being written on Palm Avenue where the speed limit reduces to 25
mph when you leave Crown Point Road. He requested that Police Chief Reffett look into
increasing the speed. He added that he saw a Winter Garden police officer doing 45 mph down
that road. Police Chief Reffett stated that he requested that Public Works Director Krug do a
speed study on that street and that study is in progress. 3) said that they also need to place speed
bumps by the gazebo because someone could easily get run over the way traffic cuts through that
area between the stop sign and HR. Public Works Director Krug stated that the work on
Lakeshore Drive should be completed in a few weeks and he can look into that; it may be people
cutting through to avoid construction. Commissioner Johnson said the problem was there
before the construction and will continue to be there; we still need to look into speed bumps. 4)
said the Colony Plaza situation is dangerous and he is worried that someone will get hurt. Kids
are holding parties over there no one is keeping anyone out of that building. City Attorney
Rosenthal stated that there will be an agenda item at the next meeting that will address the
whole issue of Colony Plaza. 5) asked about the status of the house on Bluford which is Ex-
Mayor Howell's old property. Assistant City Manager Croteau stated that there is Code
Enforcement action on that property, but she will look into it further. 6) asked about the paving
of Pioneer Key 2. Public Works Director Krug stated that they have been grading it and
maintaining it to keep it smooth. He is going to be getting quotes on construction of the project,
but they are trying to keep up with the temporary fixes in the mean time. 7) asked about possibly
looking into widening Lakeshore Drive by Oakland, while they are doing the current
construction, to help boaters make turns easier. Public Works Director Krug stated that they
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City Commission Regular
May 1, 2007
need to look into that because there may be water lines and other things that would have dictated
street location.
1) inquired about the grant that was given to WMFE. Assistant City
Manager Croteau stated that they just made the request for that and the City has been given
certain programming times. She stated that she can ask Joy to bring that information to the next
meeting 2) stated that West Orange County Partners are having an appreciation luncheon on May
14th at the Maxey Community Center at 11 :30 a.m.
1) inquired if anyone could recall why the Fire Station was taken from
Adair Street. Mayor Vandergrift stated that they did not need it and the plan was to have four
Fire Stations in the City. Commissioner Hood stated that he would like to see a substation
worked into the budget for District 1 until the Coke Property station is open. Assistant City
Manager Croteau stated that they do not anticipate having a Fire Station on the Coke Property
any time soon. They are looking at where the Fire stations are located and if they actually need a
fourth station or if moving one of the existing stations would be a better solution. They have
looked at the run times of the northern area and they seem fairly good. Commissioner Hood
requested that this be looked into at budget time because there has been a lot of growth in that
area. Assistant City Manager Croteau stated that they have looked at the station on Clarke
Road being moved to a more centrally located area to service the northern portion of the City.
2) inquired as to when Jamela would be cleaned up after the leak as there are some concerns
with its current status. Utilities Director Smith stated that the temporary jumper will be
changed if they can not move forward soon. They will look into closing up the hole out there.
Mayor Vandergrift asked about the sidewalks. He stated they put some stabilizing material
down and cleaned it up and the sidewalk needs to be put back in.
3) inquired about the schedule with the Little League Fields. He heard that the City is going to
start at the end of the season to revamp the fields. Parks and Recreation Director Hayes stated
that there will not be an impact on the fields this year. The changes that are to occur will mainly
deal with bleachers and other accessibility issues.
1) asked how the pool was doing. Parks and Recreation Director Hayes
stated that there is water back in the pool now and they are working on the levels. They still plan
to open the pool this weekend. 2) stated that he would like Planning and Zoning to look into
putting up lighted signs for the Elementary Schools. Assistant City Manager Croteau stated
that she believes that is prohibited in the current Land Development Code and would require an
amendment. Mayor Vandergrift stated that he understands that, he would like for that to be
looked into. 3) requested that Code Enforcement take down the signs posted along roadways
saying "College Hunks who Pick Up Junk" with a phone number.
I ADJOURNMENT
The meeting adjourned at 9: 13 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
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