HomeMy WebLinkAboutIII (A) Acceptance and Approval of Minutes of the Regular Meeting held March 21, 1995 and meeting between Commission Glass and Gleason held on March 14, 1995 AGENDA 4-4-95
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MINUTES F THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR
MEETING HELD MARCH 21, 1995
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission
chambers. Commissioner Foster delivered the invocation. Boy Scout Troop 197, under the
leadership of Scout Master Leon Terry, presented the colors and, after posting the colors, led
in the pledge of allegiance. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason, and Johnson. Also
present were City Manager Shapiro, City Attorney Rosenthal, Administrative
Services Director Beamer, City Engineer/Utilities Director Shira, Recreation
Director Beech, Building Official Flippen, Planning Director Wagner, Police
Chief Mark, Personnel Director Psaledakis, Concurrency Analyst Resnik, and
City Clerk Grafton.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
PRESENTATIONS
Donation to Recreation Department - Mary White, NELCO Central.
Mrs. Mary White, owner of NELCO Central, presented a check in the amount of$1613.00 to
Recreation Director Beech. The donation represented the results of a dart tournament held on
March 5 to benefit the Recreation Department and was intended for use in furnishing equipment
for the new recreation center. Mr. Beech presented Mrs. White a plaque in appreciation for
her efforts on behalf of the children of Ocoee.
NON-AGENDA ITEM - LIONS CLUB PRESENTED CENTRAL FLORIDA FAIR
MANAGER'S TROPHY
Mr. Mike McEvers, President of Ocoee Lions Club, introduced other Lions present, then
explained that the Lions Club prepares the display for the City of Ocoee at the Central Florida
Fair each year, consistently winning first place. Mr. McEvers presented the Managers Trophy,
which they won as well this year, to the City. Mayor Vandergrift and Commissioner Johnson
(also a Lion) accepted the trophy for the City.
PROCLAMATIONS
Mayor Vandergrift read proclamations proclaiming Law Day, May 1, 1995 and Know Your
Neighbor Month - April.
CONSENT AGENDA
The consent agenda consisted of items A and B. Commissioner Gleason, seconded by
Commissioner Glass, moved to approve and accept the consent agenda as presented. Motion
carried 5-0.
A. Acceptance and Approval of Minutes of the Regular Meeting held March 7, 1995.
Ocoee City Commission RegularMeeting
March 21, 1995
B. Acceptance and Approval of Reflections Unit I - Developers and Homeowners
Association Agreement for Upgraded Street Lights.
COMMENTS FROM CITIZENS/PUBLIC
Former Commissioner Combs, 310 Sabinal Street, expressed dissatisfaction with the
audio/visual system as it has been operated since being in the new building, and also with the
art on display in City Hall.
Ms. Patty Dunford, 968 Hawthorne Cove Court, asked that the sign ordinance be revised as
she felt it was unfair that citizens are not allowed to display garage sale signs but yet are
required to look at political signs for a long time. City Manager Shapiro responded that
several staff members have been reviewing the issue and, after discussing it with them on
Thursday, he will come back with a date for the proposed revision. Commissioner Gleason
said he had asked for a revision to the sign ordinance some time ago due to the
developers/realtors signs and, depending on Mr. Shapiro's report, may ask for a workshop or
discussion soon.
PUBLIC HEARINGS
ORDINANCE NO. 95-08, DESIGN-BUILD YOUTH MULTI-PURPOSE RECREATION CENTER.
This ordinance was presented by title only for the second reading and public hearing.
Administrative Services Director Beamer gave the staff report.
The public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, mentioned
a state or federal plan to save cities money by having plans available for their use and asked if
the program was still in effect. Ms. Beamer advised that it is still in effect, but the plan must
have a reuse clause. However, when a wall is moved or a room is changed it is no longer in a
reuse mode. The public hearing was closed.
There was a discussion about the location of the site or alternate site, and Commissioner
Gleason moved to table the ordinance until Commission has had an opportunity to review
alternate sites and debate before going out to hire a Design Criteria Professional. After it was
clarified that the ordinance puts Commission in a position to hire or not hire a Design Criteria
Professional but does not obligate them, Commissioner Gleason withdrew his motion.
Commissioner Foster, seconded by Commissioner Johnson. moved to adopt Ordinance No.
95-08, related to Design-Build Youth Multi-Purpose Recreation Center, as presented and
authorize Mayor and City Clerk to execute. Motion carried 5-0.
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Ocoee City Commission Regular Meeting
March 21, 1995
Commissioner Gleason, seconded by Commissioner Glass, moved to have alternate sites
brought back before Commission within 30 days and before proceeding with hiring. Motion
carried 4-1 with Commissioner Johnson voting no.
MAYOR VANDERGRIFT ANNOUNCED THE PHONE NUMBER FOR TV AUDIENCE
TO CALL IN QUESTIONS.
ORDINANCE No. 95-09, LIMITING CONSTRUCTION HOURS.
This Ordinance was presented by title only for the second reading and public hearing. Building
Official Flippen gave the staff report and explained that this will provide citizens some hours
of peace and quiet after normal working hours and on weekends and holidays.
The public hearing was opened. Mr. R. P. Mohnacky asked if this ordinance pertains to new
development only. Mr. Flippen said this applies to working with construction that requires a
building permit, not painting or repairs to a person's home.
Mrs. Nancy Reilly, 1335 Olympia Park Circle, expressed concern about noise in neighborhoods
and told of a pump running in her neighborhood that she reported. Mr. Shapiro advised that
sound buffers can be required.
The public hearing was closed.
Commissioner Foster expressed concern that the ordinance would affect the new mall and he
felt it was imperative to permit them to do what is necessary to open in October.
Mr. Jim Grant, Homart Development Co., thanked Commissioner Foster for his concern but
said he expected that 7:00 a.m. to 9:00 p.m. would provide sufficient time for the workers to
finish by the scheduled date.
Commissioner Glass noted that neither "construction related activities" nor "routine household
maintenance" were defined and said a noise ordinance would more readily serve the purpose
intended.
Mr. Shapiro said that the noise was not considered the only problem, that the transporting of
things in and out of the area was a valid concern as well.
Mr. Daniel Coleman, 112 Hercules Court, said it was not the construction that was a problem,
but rather the worker that arrives at 7:00 a.m. and turns up Led Zeppelin.
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Ocoee City Commission Regular Meeting MHT, Li
March 21, 1995
Mayor Vandergrift, seconded by Commissioner Gleason, moved to adopt Ordinance No. 95-
09, relating to limitations on construction and construction related activities, and authorize
Mayor and City Clerk to execute. Motion carried 5-0.
RECESS 8:35 P.M. TO 8:45 P.M.
OTHER BUSINESS
LAKE OLYMPIA SQUARE - FAST FOOD.
City Attorney Rosenthal reviewed the staff report, giving the history of the approval of Lake
Olympia Square - Land Use/Preliminary Subdivision Plans, and the supplemental material
distributed which consisted of letters from James A. McNabb, Jr., with Trickel, Leigh&Mann,
P.A., representing Lake Olympia Square. The Plan was approved on May 17, 1994 by the City
Commission subject to Condition No. 22 which imposed restrictions on the proposed out-lots:
". . .Proposed used may include "full Service, sit down" restaurants, banks and other permitted
uses under the C-2 zoning. "Fast Food" restaurants are hereby specifically prohibited." Since
that date correspondence between Mr. Ronald Henson, Design Service Group, and staff
regarding the definition of fast food restaurants and whether McDonald's is considered a fast
food restaurant had taken place. Mr. Rosenthal, after outlining the issue, said that it ultimately
goes back to a need to clarify what was intended at the time Commission considered Lake
Olympia Square-Land Use/Preliminary Subdivision Plans with reference to fast food restaurants.
Mr. James McNabb, speaking for Lake Olympia Square, after a lengthy presentation, said that
the argument was not whether they had agreed to no fast food but rather the definition of fast
food.
Mr. Ronald Henson, project engineer, said he has been involved with the project since the
beginning and a major concern of staff had been traffic generation. He said that McDonald's
is proposing a building matching the architectural design of Lake Olympia Square, but twice
the size of their usual buildings with twice the seating. They would have a drive through as an
auxiliary use.
Commissioner Gleason expressed concern that a letter was sent out defining fast food without
first consulting with Commission.
Commissioner Johnson quoted page 3 of Mr. Rosenthal's memo regarding defining McDonald's
as a fast food restaurant.
Commissioner Glass said there was no ambiguity, as a full service restaurant provides a waiter
who takes the order, brings the food, and cleans up; and he said he has never left a tip at a
McDonald's for such service.
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Ocoee City Commission Regular Meeting
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March 21, 1995
Planning Director Wagner noted that, in the May 17, 1994 meeting, staff's position was to
limit the outlots and they came into the meeting with a plan showing an additional outlot than
the staff wanted. Note 22 was added by the developer to the best of his recollection.
The following citizens spoke to the issue:
O Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, said McDonald's can be considered both
full service and fast food.
0 Mr. Daniel Coleman, 112 Hercules Court, was for full service only.
0 Mr. Lewis Dundas, no address given, reviewed history and was not in favor of fast food.
0 Mr. Gary Hall, Lake Olympia Club, expressed concern about what they may do a year from
now.
O Telephone question asking how McDonald's and Hardee's were classified in the building
permits. Building Official Flippen responded, "restaurant."
O Mr. Steve Martyniuk, 153 Hercules Court, spoke against McDonald's.
0 Ms. Pamela Burke, Lake Olympia Club, said she attended May meeting and no one
misunderstood the intent of Commission at that time.
Mr. Rosenthal said that, as a participant in the staff response to Mr. Henson's question
regarding McDonald's and the definition of fast food, they had made an effort to fit the
definitions in the Land Development Code and the definition in the Code would not fit. He said
it was staff's job to support the City Commission but they had not at that point. As soon as it
was pointed out to them they notified Mr. McNabb and Mr. Henson. He expressed regrets that
their action brought the Commission to this position.
Commissioner Foster spoke against the argument and in favor of McDonald's. He said that if
a person purchases a house near a major intersection they should expect development at that
intersection.
Commissioner Gleason, seconded by Commissioner Johnson, moved to hold firm to the
decision of May 17, 1994 and turn down the request for reconsideration of the matter regarding
a fast food restaurant in Lake Olympia Square. Motion carried 4-1 with Commissioner Foster
voting no.
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Ocoee City Commission RegularMeeting
March 21, 1995
RECESS 10:15 P.M. TO 10:20 P.M.
Furor DISTRIBUTION -BOY Scours/GIRL Scours. (This item was considered after Agenda
Item VI F - Naming of City Parks, but is recorded here for clarity.)
Mr. Shapiro gave the staff report. Conunissioner Foster, seconded by Conunissioner
Johnson, moved to make the checks to each of the 7 or 8 troops/packs that are designated as
located in Ocoee for their specified sums with the stipulation that the money go to the troop and
not the headquarters. Motion carried 5-0.
Commissioner Gleason, seconded by Commissioner Johnson, moved to amend the motion by
asking the girl scouts to provide the same information regarding the location of the scouts as
the boy scouts provided and instruct staff to proceed when the information comes in. Motion
carried 5-0.
LAKE LOTTA MALL PUD FINAL SUBDIVISION PLAN/FINAL SITE PLAN PROCESSING
AGREEMENT.
(This item was considered immediately following the Lake Olympia Square - Fast Food item.)
City Attorney Rosenthal reviewed his memorandum dated March 15, 1995 which highlighted
the provisions in the proposed agreement to allow the processing in incremental portions of a
final subdivision plan and/or final site plan. Mr. Jim Grant, Homart Development Co., was
present but had no comment.
Mayor Vandergrift, seconded by Commissioner Glass, moved to approve the proposed Lake
Lotta Mall PUD Final Subdivision Plan/Final Site Plan Processing Agreement and authorize
execution thereof by the Mayor and City Clerk, subject to Ordinance No. 95-02 becoming
effective. Motion carried 5-0.
LAKE LOTTA MALL CLEARING, GRUBBING, EROSION CONTROL AND MASS GRADING PLANS,
A PORTION OF THE FINAL SUBDIVISION/SITE PLAN.
Mr. Jim Grant said that he plans to start this phase on April 10. Planning Director Wagner
pointed out that the DRC recommendations have been incorporated into the plans.
Commissioner Glass, seconded by Commissioner Foster, moved to approve the Lake Lotta
Mall Clearing, Grubbing, Erosion Control and Mass Grading Plans, being a portion of Final
Subdivision Plans for Lake Lotta Mall PUD as date stamped by the City on March 15, 1995,
with consideration of the recommendation of the Planning and Zoning Commission to revise note
20 on Sheet 1 to prohibit construction vehicles from accessing Clarke Road and/or the project
site from White Road. Motion carried 5-0.
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Ocoee City Commission Regular Meeting
March 21, 1995
LAKE BENNET CENTRE TRANSPORTATION CAPACITY RESERVATION CERTIFICATE.
Capital Projects/Concurrency Analyst Resnik presented the staff report indicating that this is
an application for Transportation Capacity Reservation Certificate for Lots 1, 3, 4, 6, and 8 of
Lake Bennet Centre with Special Conditions. She noted the City Attorney's Opinion dated
March 15, 1995 indicating that "...the City may issue a Transportation Capacity Reservation
Certificate for a commercial project prior to issuance of a Final Certificate of Concurrency,
subject to the following conditions:
(i) the Developer must submit an application for a TCRC;
(ii) the project must have received Preliminary Plan approval;
(iii) a Final Certificate of Concurrency must be obtained and a Final Site Plan
approved for each lot prior to issuance of a building permit for development of
such lot; and
(iv) special conditions applicable to the particular project should be attached to the
TCRC and those conditions should be approved by the City Commission prior to
the TCRC becoming effective."
Commissioner Glass, seconded by Commissioner Johnson, moved to approve the issuance of
the Transportation Capacity Reservation Certificate with the Special Conditions as outlined and
authorize the Mayor and City Clerk to execute. Motion carried 5-0.
DISCUSSION/ACTION TO NAME CITY PARKS.
Recreation Director Beech asked for direction regarding the naming of several parks. After
discussion Mayor Vandergrift, seconded by Commissioner Foster, moved to name the parks
according to street or location. Motion as amended by two amendments following carried 5-0.
Commissioner Glass, seconded by Commissioner Johnson, moved to amend the motion to
officially name Palm Drive Park and Silver Glen Park and establish a policy of preference in
naming parks according to location. Motion for this first amendment carried 5-0.
Commissioner Foster, seconded by Commissioner Glass, suggested amending the motion to
include the name Central Park for the park at the Youth Center on Flewelling Street and Russell
Drive Park for the park on Peach Lake. Motion for this second amendment carried 5-0.
Mr. Beech was directed to determine a name for the park at Johio Shores which is intersected
by several roads.
**IT WAS AT THIS POINT THAT THE AGENDA ITEM CONCERNING BOY/GIRL
SCOUTS FUND DISTRIBUTION WAS CONSIDERED. For clarity the action taken is
recorded at its normal place on the agenda.**
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'' jj163Ocoee City Commission Regular Meeting
March 21, 1995
DISCUSSION OF PURCHASE OF UHF RADIO EQUIPMENT FROM CITY OF WINTER GARDEN.
Ma or Vander s ift seconded b Commissioner Johnson moved to .urchase radio e.ui•ment
from the City of Winter Garden, as proposed by City Manager Shapiro, at a cost of $2,948.
Motion carried 5-0.
APPOINTMENTS TO BOARDS.
General Employees' Retirement Trust Fund Board - Mickey Shiver resigned - term expires
October 1995. Tabled from February 21 and March 7, 1995.
Commissioner Johnson, seconded by Mayor Vandergrift, moved to appoint former Mayor
Lester Dabbs to complete Mickey Shiver's unexpired term on the General Employees'
Retirement Trust Fund Board. Motion carried 5-0.
STAFF REPORTS
There were no staff reports at this time.
COMMENTS FROM COMMISSIONERS
Commissioner Foster: No comments at this time.
Conunissioner Glass:
1) Thanked City Manager Shapiro, Chief Mark, Officer Conyers, and Mayor Vandergrift
for attending the Pioneer Key Park II meeting on Monday night. He handed a notebook
and other material to City Manager to be passed on to staff members.
2) Announced an art exhibit and reception for West Orange Arts and Historical Association
on Sunday, April 2, from 1 p.m. to 5 p.m. at City Hall.
3) Said he has the utmost respect for Commissioner Foster, but he felt it was inappropriate
for Commissioner Foster to imply that he acted on the basis of political expediency this
evening. Conunissioner Foster said he was just trying to urge people to not be
persuaded by political expediency.
4) Asked about bus ridership. Mayor Vandergrift said when he met with Paul Skoutelas
yesterday he reported that Ocoee is meeting or exceeding the expectations and that an
official report will be presented in several weeks.
Recreation Director Beech asked permission to interrupt commission remarks to correct a
statement he had made earlier in the meeting. He apologized to Mr. Vignetti, his family and
friends for saying that Mr. Vignetti was deceased, as that was not so.
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Ocoee City Commission Regular Meeting [i FE;l� J
March 21, 1995 J
Commissioner Gleason:
1) Asked if the issue of providing benches could be revisited now that the bus service is
active. City Manager Shapiro said he could get some prices and put some up, but until
the ordinance is changed it would be illegal for advertising to be on the benches.
2) Asked if it would be possible to waive the fees for the West Orange Service Center as
was done for the churches in the past. Mr. Shapiro said it would be discussed Thursday
with the attorney and a report will be made.
3) Noted that Starke Lake has dropped dramatically in relation to the other lakes in the area,
and asked if the drains are still open. Mr. Shapiro said he will have a written report
on that. Mayor Vandergrift said there was a 2 x 10 standing in the drain waiting to go
down it, and he suggested draining Lake Olympia into Starke Lake. Mr. Switzer, from
the audience, said that this would not be possible because Lake Olympia is lower than
Starke Lake.
4) Asked that Code Enforcement make a sweep of the all the developments and check into
the high grass and weeds, particularly debris dumped at lot 5, Rose Mist Court.
5) Said he was approached about the Bluford Ave/Silver Star Road intersection and the lack
of a button cross walk to enable pedestrian crossing east and west. Mr. Shapiro said
that he will initiate the communication with the state to get approval.
6) Asked for a report on the City's investment of surplus funds.
7) Noted that there was a hurricane conference scheduled in Tampa as well as Atlantic City
and wondered why the group did not attend the one closer to home. Mr. Shapiro said
that the County is allowing our emergency management team to go to the FEMA
meeting in Quantico free. There are building code issues covered at the Atlantic City
conference that will not be covered at Tampa.
Commissioner Johnson: No comment at this time.
Mayor Vandergrift:
1) Reported a problem with the drainage on Center Street that needs to be addressed, as a
recent rain severely affected the homes on Silver Star Road because of the retention ditch
which needs attention.
2) Wants the parking lot lights in the old police parking lot to be lighted.
3) Said that the Planning and Zoning Commission has requested a work session and asked
for one to be scheduled. Mr. Shapiro will direct his secretary to coordinate the meeting
date. Mayor Vandergrift, seconded by Commissioner Gleason, moved to have a joint
workshop with the Planning and Zoning Commission to be coordinated by Fran Gosnell.
Motion carried 5-0.
4) Suggested having sponsors provide food and volunteers to prepare a meal/cookout for the
volunteer boards. Commissioner Gleason recalled that this was to be considered at
midyear budget.
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Ocoee city Commission Regular Meeting
March 21, 1995
5) Announced that the Little League opening ceremonies will be shown on Cable 16
following this meeting.
6) Announced that the phone-in system during the meeting was to receive questions from
the public that Commission could respond to and not for citizens to vent with unpleasant
comments.
ADJOURNMENT
The meeting adjourned at 11:21 p.m.
APPROVED
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
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AGENDA 4-4-95
I it Item III A
MINUTES OF THE MEETIN BETWEEN COMMISSIONER GLASS AND
COMMISSIONER GLEASON ON MARCH 14, 1995
This meeting between Commissioner Glass and Commissioner Gleason was called by
Coipmissioner Gleason for the purpose of discussing the Senior Citizens Program and City
Personnel Matters. Although scheduled to be held in the commission chambers conference
room, due to the large number of citizens in attendance the meeting was moved to the
commission chambers. The meeting was scheduled to begin at noon and, while waiting for
Commissioner Glass to arrive, Commissioner Gleason explained to the 27 citizens present that
this method of communicating had been employed to accommodate the Government in the
Sunshine law and still provide a means for two commissioners to exchange ideas on matters
important to them. In response to questions from the audience, Commissioner Gleason
explained that the same method of noticing this meeting had been used as that used for the
regular Commission meetings: the press had been advised regarding the participants, the time
and the place, and an agenda had been posted on the City Clerk's official bulletin board at least
twenty-four hours in advance of the meeting. He explained further that the meeting would be
recorded, the minutes would be transcribed for the permanent record, and then would be placed
on an upcoming Commission agenda for full Commission information.
Commissioner Glass arrived at 12:10 p.m. and Commissioner Gleason informed him that he had
advised the public about the procedure of this meeting.
Commissioner Gleason reviewed the history of the Senior Program (Over 65 Program) and said
that he has never advocated taking any one off the program, but he did feel that some method
should be devised to draw the program to a close. The most obvious method seemed to be
putting an ending date for the period when new applications are taken.
Commissioner Glass echoed Commissioner Gleason's remarks about not wanting to take anyone
off the program. He stated that it is a very expensive program and that in reviewing the packet
he had learned that the program tripled in cost the first ten years and again the second ten years.
He said he felt that the young people who would be supporting the program 10 years from now
would not be able to afford it. Commissioner Glass also advocated setting a cut off date for
new applications and talked about the possibility of being sued by someone who is old enough
to receive the benefits but who has not lived here 10 years.
In summary, Commissioner Glass said that, as a lawsuit is a potential problem and that rebating
ad valorem taxes is violating the Florida Constitution, he would be in favor of restructuring the
program to provide the same benefits but in a different manner. He said further that he may
move for a committee (made up of an attorney, several seniors, and several young people) to
review the program.
Commissioner Gleason noted that the minutes reflect that the Senior Program Committee was
to remain active but there was no evidence that has happened. He said he wants to see this
matter on a future agenda (possibly April) to debate putting a committee back together to review
and recommend action to Commission.
C9mrissioner Gleason then announced that the City Personnel matter he wished to discuss had
to do with a letter he had written to City Manager Shapiro expressing his concerns about the
current administration. Mr. Shapiro had advised him that he had distributed both Commissioner
Gleason's letter and his written response to the Commission, and the reason this item was on
the agenda was to give him an opportunity to ask Commissioner Glass if he had received both
documents. Commissioner Glass responded that he had received the letters and that Mr. Shapiro
had suggested a senior staff/commission workshop. Commissioner Gleason said that the role
of Commission is to make policy and the role of staff is to carry it out and that time will tell
whether his concerns will continue to be addressed by Mr. Shapiro.
Commissioner Glass handed Commissioner Gleason a card with the name and telephone number
of the man who makes his golf clubs and explained that he had promised this information when
they were attending a function and were discussing their golf games.
Commissioner Gleason announced the end of the meeting at 12:55 p.m., thanked those in the
audience for attending and then said he would be available to answer any questions following
the close of the meeting.
Jelin Grafton, City Perk
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