HomeMy WebLinkAboutIII (A) Acceptance and Approval of Minutes of the Regular Meeting held September 19, 1995 c_,... AGENDA 10-3-95
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M OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR
4 .; MEETING HELD SEPTEMBER 19, 1995
CALL TO ORDER
Mayor Vandergrift introduced Mayor of the Moment Steven Terrill of Spring Lake Elementary
School. MOM Terrill called the regular meeting to order at 7:30 p.m. in the commission
chambers. Commissioner Foster led in the prayer and Mrs. Frances Watts led in the pledge of
allegiance. The roll was called and a quorum declared present. MOM Terrill introduced his
family and school principal and conducted the early part of the meeting.
CLERK'S NOTE: SEVERAL ITEMS ON THE AGENDA WERE TAKEN OUT OF
ORDER FOR CONSIDERATION. FOR THE SAKE OF CLARITY THE ACTION
TAKEN WILL BE LISTED IN THE ORDER THE ITEMS APPEARED ON THE
AGENDA RATHER THAN THE ORDER IN WHICH THEY WERE CONSIDERED.
There was a recess taken from 8:13 p.m. - 8:20 p.m. following the Girl Scout presentation.
PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason and Johnson. Also
present were City Manager Shapiro, City Attorney Rosenthal, Administrative
Services Director Beamer, Personnel Director Psaledakis, Building Official
Flippen, Planning Director Wagner, City Engineer/Utilities Director Shira,
Concurrency Analyst Resnik, and City Clerk Grafton.
ABSENT: None.
PRESENTATIONS AND PROCLAMATIONS
LANDSCAPING THE WITHERS-MAGUIRE HOUSE FOR GOLD AWARD: GIRL SCOUT TROOP 300,
CAROL MCGOwIN, LEADER
Mrs. McGowin's group was not present until later in the meeting. However, they arrived at
approximately 8:05 p.m. at the close of citizens' comments and presented their proposal to
landscape the Withers-Maguire House in order to earn their Gold Award. City Manager
Shapiro advised that they probably could not begin their project until the contractor has finished
with the renovation. Mayor Vandergrift, seconded by Commissioner Gleason, moved to
sill 'ort the Girl Scouts in their re a uest and to direct staff to coo.erate. Motion carried 5-0.
The scouts were then directed to contact the Historical Commission in order to schedule their
project.
CONSENT AGENDA
The consent agenda consisted of items A, B, C, D, E, F, G, and H. Item H was pulled for
separate consideration. After a brief discussion during which Chief Strosnider explained the
purpose of the OPTICOM system, Mayor Vandergrift, seconded by Commissioner Glass,
moved to a. 'rove items A, B, C, D, E, F, and G of the consent agenda as 'resented. Motion
carried 5-0.
A. Acceptance and Approval of Minutes of the Regular Meeting held September 5, 1995.
B. Acceptance and Authorization for Mayor and City Clerk to execute Development
Agreement for Water Service with Lake Olympia Square Partnership.
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Ocoee City Commission Regular Meeting
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C. Acceptance and Authorization for Mayor and City Clerk to execute Development
Agreement for Sewer Service with Lake Olympia Square Partnership.
D. Acceptance and Authorization for Mayor and City Clerk to execute Disaster Relief
Funding Agreement with the State of Florida Department of Community Affairs.
E. Acceptance and Authorization for Mayor and City Clerk to execute OPTICOM
Interlocal Tri-County Agreement.
F. Approval and Authorization to Transfer Funds for Above-Ground Tanks Emergency
Generator at Public Works Facility.
G. Approval and Authorization for Mayor and City Clerk to execute Addendum No. 95-3
in the not-to-exceed amount of $35,185.05 in accordance with PEC's Proposal No.
P-5073 dated September 1, 1995 regarding Reuse Feasibility Study and Related
Permitting.
MAYOR VANDERGRIFT ANNOUNCED THE TELEPHONE NUMBER FOR CITIZENS
TO CALL IN WITH ANY QUESTIONS DURING THE MEETING.
H. APPROVAL AND ACCEPTANCE OF MAGUIRE ROAD CORPORATION VESTED RIGHTS
APPEAL ORDER AS PRESENTED BY ATTORNEY SCOTT CLARK. This item was discussed at 8:40
p.m.
Scott Clark, Attorney for Maguire Road Corporation, said he had drafted the proposed order
in connection with the Appeal of Vesting Certificate No. 95-01 as directed by Commission at
the last meeting. The proposed order included (1) numbers provided by the traffic engineer
which reflect the traffic which could be generated by the approved uses from the commercial
bases 2 and 3, (2) the change in the multi-family rate which had moved from less than 6 to 6.47
in the 5th edition of the ITE manual, (3) the change in square footage in the commercial to
107,541 sq. ft., (4) a change in paragraph 6 adding the word "substantial" in regard to changes
made to the land use, (4) a section for clarification stating that, since the City was not making
any finding as regards common law vested rights, they reserved the right to make application
in the future if they felt it necessary on that issue, and (5) should the City change the
methodology for calculating trips they intend to count the trips that their uses would generate.
City Attorney Rosenthal pointed out for the record the documents provided for Commission
review: (1) a memorandum from Mr. Shapiro dated September 15, 1995 entitled Maguire Road
Corporation Vested Rights Appeal with a proposed recommended order submitted by Mr. Clark
attached, (2) a second memorandum from Mr. Shapiro dated September 19, 1995 entitled City
of Ocoee Certificate of Vesting No. CV-95-01 which has attached to it a letter from Mr. Clark
to Mary Doty of Foley and Lardner dated September 19, 1995, the report from Transportation
Consulting Group to Mr. Clark dated September 18, 1995, and the revised proposed order which
supersedes the order provided in the memo dated September 15, 1995. He stated that the action
taken at the September 5, 1995 meeting was "to grant the appeal and direct the applicant to bring
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Ocoee City Commission Regular Meeting
September 19, 1995
back a recommended order to the next Commission meeting with fmdings of fact and
conclusions of law, which recommended order will modify the commercial square footage and
the average daily trip calculations set forth in the Certificate of Vesting consistent with the
evidence presented by the applicant."
Following a lengthy discussion during which an error was found in the square footage
calculation, Commissioner Foster, seconded by Commissioner Glass, moved to accept and
approve the proposed order submitted by Mr. Clark under the cover of his letter dated
September 19, 1995 with the correction in item 3 changing the vested number to 107,541 sq.
ft. of commercial space, and authorizing execution thereof by the Mayor and City Clerk. Motion
carried 4-1 with Commissioner Gleason voting "no."
Commissioner Glass stated for the record, "I just want to reiterate, my position was that they
did not meet their burden of proving by substantial and competent evidence. But the issue we
are voting on now is whether this proposed order accurately reflects the decision of this
Commission, so I will vote in favor of this."
COMMENTS FROM CITIZENS/PUBLIC
Former Commissioner Vern Combs, 310 Sabinal Street, pointed out that Rutland Homes is
advertising the homes in Admiral Pointe as being in NW Orlando and asked that the Mayor and
City Manager speak to them. Mr. Combs then addressed the "Over 65 Program" and the
budget.
Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, talked about the money to be made in
recycling and suggested that the City change their current arrangements to take advantage of the
market.
PUBLIC HEARINGS
SCOTTY'S - PRELIMINARY/FINAL SUBDIVISION PLAN.
Planning Director Wagner presented the staff report and explained that Scotty's Ocoee seeks
to split off a portion of their tract, and in order to expedite the review process the City is
processing the Preliminary and Final Subdivision Plans concurrently.
The public hearing was opened. Mr. Dennis Wood, representing Scotty's Ocoee, was present
to answer any questions. He said they were in the platting process and had not been aware
originally that it would be necessary to plat it to sell one piece of the parcel to someone else.
Mayor Vandergrift asked about concurrency and Mr. Wood said that they had provided traffic
data for approval. Concurrency Analyst Resnik said that they are proceeding at their own
risk and are hoping there will be trips available for whatever use is finally chosen.
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Commissioner Gleason, seconded by Commissioner Foster, moved to approve the,Scotty's
Ocoee Preliminary /Final Subdivision Plan as date-stamped received by the City on August 29,
1995. Motion carried 5-0.
LAKE OLYMPIA SQUARE-LAND USE/PRELIMINARY SUBDIVISION PLAN-FIRST AMENDMENT.
Planning Director Wagner presented the staff report, explaining that the developer is proposing
a number of revisions to the Land Use/Preliminary Subdivision Plan to include (1)
reconfiguration of the space within individual retail spaces, (2) a change to the common
boundary line of lots 1A and 2A, (3) revisions to the construction phasing schedule, (4) minor
modifications to the parking lot and driveways, and (5) the addition of more brick screening wall
with landscaping along Olympus Drive as part of Phase III of the development. During this
presentation Mayor Vandergrift left the table, surrendering the gavel to Mayor pro tem Johnson.
Mr. Ron Henson, Design Service Group, Inc., representing The Miller Group, said that the
developer has specific tenant uses he wishes to accommodate, and 1.1 acres would be shifted
from the Phase 3 area into the Phase 2 area (lot 1A). Mr. Henson said that they agree with the
staff report and also to the Planning and Zoning Commission stipulation that the brick screening
wall in Phase III shall be constructed prior to the commencement of any Phase III site
development activities.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Gleason thanked Stacy Miller for her help with Lake Olympic Club
Homeowners.
Commissioner Foster, seconded by Commissioner Glass, moved to approve the first
amendment to the Land Use/Preliminary Subdivision Plan of Lake Olympia Square as date
stamped received by the City on September 8, 1995, with the Planning and Zoning Commission
recommendation that the brick wall in Phase III be constructed prior to the commencement of
any Phase III site development activities. Motion carried 4-0.
Mayor Vandergrift returned to the table and wished to have his vote recorded on this issue.
Commissioner Gleason, seconded by Commissioner Foster, moved to reopen the issue so that
the Mayor's vote could be recorded. Motion carried 5-0.
Commissioner Foster, seconded by Commissioner Glass. restated his motion to approve the
First Amendment to the Land Use/Preliminary Subdivision Plan of Lake Olympia Square
as date stamped received by the City on September 8. 1995. with the Planning and Zoning
Commission recommendation that the brick wall in Phase III be constructed prior to the
commencement of any Phase III site development activities. Motion carried 5-0.
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Ocoee City Commission Regular Meeting
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LAKE OLYMPIA SQUARE, PHASE II-FINAL SUBDIVISION SITE PLANS.(This item is not a public
hearing).
Planning Director Wagner presented the staff report recommending approval as the stipulations
included in the staff report have been fulfilled.
Commissioner Gleason, seconded by Commissioner Glass, moved to approve Lake Olympia
Square, Phase II - Final Subdivision Site Plans as date-stamped received by the Ci on
Se,tember 8 1995 sub'ect to amendin. existin. Sewer and Water A.reements shiftin. reserved
trips to the sho. •in. center •ortion of the •ro'ect and •a ment of a• pro.riate concurrenc -
related fees prior to Final Plan approval. Motion carried 5-0.
LAKE OLYMPIA SQUARE PARTNERSHIP -SPECIAL EXCEPTION APPLICATION FOR CHILDCARE
FACILITY IN C2 ZONING.
Planning Director Wagner presented the staff report noting the conditions of approval on the
preliminary plan that should be a part of the approval, i.e., (1) place limits on the number of
children occupying the facility, (2) provide for drop-off and pick-up of children only at the
front of the facility, (3) establish specified hours for the operation of the facility, (4) establish
specified hours for the operation of the outdoor playground area, and (5) provide significant
landscape screening for the proposed outdoor playground area, as well as the changes to the
existing Land Use/Preliminary Subdivision Plan that are necessary to accommodate the facility.
He added that the Planning and Zoning Commission recommended also increasing the height of
the fence from 5 feet to 6 feet.
The public hearing was opened.
Mr. Ron Henson, Design Service Group, representing The Miller Group, introduced Mr.
Michael Weise, CEO of Tutor Time Child Care Systems, Inc., the tenant providing the childcare
facility, and both talked about having statements from the neighbors on record. Mr. Henson
said that the daycare center is a 10,000 sq. ft. building area west of the Winn Dixie and has a
5,000 sq. ft. playground area to the rear that is enclosed and they are in agreement with the
conditions of both the staff and Planning and Zoning Commission.
Mr. Nick Pagano, president of the Lake Olympia Homeowners Association, said that no one
in his association had any objections to the daycare center.
The public hearing was closed.
Commissioner Gleason, seconded by Commissioner Glass, moved to approve the Lake
01 m.is S a uare Partnershi. S'ecial Exception Application to operate a childcare facili within
Retail Space "F" in accordance with the Preliminary Site Plan as date stamped received b the
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Ocoee City Commission Regular Meeting
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City on September 8, 1995 including the Conditions of Approval as identified thereon and with
consideration of the Planning and Zoning Commission recommendation. Motion carried 5-0.
OTHER BUSINESS
FIRST READING OF ORDINANCES. SECOND READING AND PUBLIC HEARING WILL BE OCTOBER
17, 1995.
The following ordinances were presented by title only for the first reading. Mayor Vandergrift
announced that the second readings and public hearings would be held on October 17, 1995 at
approximately 7:30 p.m. in the commission chambers.
Ordinance No. 95-22, Case No. AR-94-12-10:Chinaberry Cove Annexation.
Ordinance No. 95-23, Case No. AR-94-09-09:Thompson/Still Annexation.
Ordinance No. 95-24, Case No. AR-94-09-09:Thompson/Still Rezoning.
Ordinance No. 95-25, Case No. AR-95-06-02:Jernigan Annexation.
Ordinance No. 95-26, Case No. AR-95-06-02:Jernigan Rezoning.
DISCUSSION RE: EASEMENT AGREEMENT BETWEEN FLORIDA AUTO AUCTION AND THE CITY
OF OCOEE PROVIDING ACCESS TO WOFFORD ROAD/APOSTOLIC WORSHIP CENTER.
Mayor Vandergrift announced that the Church had requested that this item be deferred until
the next meeting (October 3, 1995).
DISCUSSION RE: FOUNDERS DAY.
Mr. John Resnik, Chairman of Founders Day, advised that commemorative bricks will be on
sale during the Founders Day celebration on October 7 and, noting that the sale would go better
if the purchasers knew where the bricks would be placed, he asked for Commission's decision
regarding that. After discussing several suggestions, Commissioner Foster, seconded by
Commissioner Gleason, moved to place the bricks at the new recreation center upon its
completion. Motion carried 5-0.
Mr. Resnik also requested that consideration be given to closing certain roads and the boat ramp
for the purpose of traffic control. Mayor Vandergrift, seconded by Commissioner Glass,
moved to close Lakeshore Drive from the boat ramp to Oakland Avenue and Oakland Avenue
from Bluford Avenue to Lakeshore Drive for traffic control and to close the municipal boat ramp
on Lakeshore Drive for the day. Motion carried 5-0.
DISCUSSION RE: DRAFT OF PROPOSED CHANGES TO SIGN ORDINANCE.
Building and Zoning Official Flippen presented the staff report. Following discussion
Conunissioner Foster, seconded by Conunissioner Gleason, moved to authorize the Building
and Zonin. Director to •roceed with the •rocess to ado•t these chanes to the sin ordinance
b_.lacement on the next Plannin. and Zonin. Commission A.enda for a sublic hearin. as the
L.P.A. and then placement on the City Commission Agenda for a first and second readin' b
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Ocoee City Commission Regular Meeting
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next November incorporating the provisions of the Planing and Zoning Commission stipulations.
Motion carried 5-0.
RESOLUTION No. 95-16, ADOPTING INFRASTRUCTURE DEFICIENCIES REPORT.
The Resolution was presented by title only. Concurrency Analyst Resnik apologized that the
tables just distributed had not been included in the packet and then gave the staff report.
Commissioner Johnson raised the issue of the County not observing the concurrency laws and
permitting trips that impact the City and proposed that a resolution be prepared to send to the
State and County expressing Commission's views. City Attorney Rosenthal suggested
communicating with the County rather than the State at least until the Comprehensive Plan
Amendment has been approved. Mayor Vandergrift asked for a draft letter from City Manager
Shapiro to the Orange County Commission.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to accept the Annual
Concurrency Report and adopt Resolution No. 95-16 which includes the attached report as the
formal assessment of infrastructure and services and the Infrastructure Deficiencies Map
depicting the two areas of deficiencies in the area of traffic circulation: Good Homes Road
(County Road) from State Road 50 to White Road and Silver Star Road (State Road 438) from
Clarke Road to Good Homes Road. Motion carried 5-0.
REVIEW NEW/REVISED JOB DESCRIPTIONS.
RESOLUTION No. 95-17, ADOPTING REVISED JOB DESCRIPTIONS FOR ACCOUNTING CLERK,
DEPUTY FIRE CHIEF, MUNICIPAL INSPECTOR, POLICE RECORDS CLERK, PUBLIC WORKS
DIRECTOR, REFUSE COLLECTOR, SANITATION DRIVER I, SANITATION DRIVER II, SOLID
WASTE/FLEET MAINTENANCE SUPERVISOR, AND NEW JOB DESCRIPTIONS FOR EXECUTIVE
SECRETARY, PERSONNEL TECHNICIAN, AND POLICE RECORDS CLERK II.
This Resolution was presented by title only. Personnel Director Psaledakis advised that the
job descriptions were changed after auditing the jobs and recommended adoption of the
Resolution.
Commissioner Foster, seconded by Commissioner Johnson, moved to adopt Resolution No.
95-17 revisin. 'ob descri I tions for Accountin. Clerk De su Fire Chief Municisal Ins.ector
Police Records Clerk, Public Works Director, Refuse Collector, Sanitation Driver I, Sanitation
Driver II, Solid Waste/Fleet Maintenance Supervisor, and adding new job descriptions for
Executive Secretary, Personnel Technician, and Police Records Clerk II. Motion carried 5-0.
STAFF REPORTS
There were no staff reports at this time.
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Ocoee City Commission Regular Meeting
September 19, 1995
APPOINTMENTS TO SENIOR PROGRAM (OVER 65) COMMITTEE
Commissioner Johnson announced his appointees to the Senior Program Committee: Danny
Howell, 895 Marlene Street and Melvin Shaner, 615 Orange Avenue, Phone #656-8091.
Mayor Vandergrift announced that he appointed William H. Winsemann, 2702 Coventry Lane
and Bill Stinnett, 349 N. Bluford Avenue.
There was discussion about whether the members should attend the next meeting in order to be
charged by Commission with the task, but the majority determined that staff should contact the
appointees, determine a meeting date and come back to Commission with any questions the
members have of Commission.
COMMENTS FROM COMMISSIONERS
COMMISSIONER GLEASON:
Asked when the B. C. Terry vacation is coming before Commission. Approximately 6 weeks.
Mr. Shapiro advised also that two residents have not responded to the water transfer contract
and that is the holdup to completing the changeout to front yard water meters.
COMMISSIONER GLASS: No comments at this time.
COMMISSIONER JOHNSON:
1. Neighbors have reported their cats have been poisoned and he asked that citizens call
animal control rather than putting out poison.
2. Teenagers are roaming at night and he asked for more protection in his district at night.
3. The trees/shrubs in Lake Olympia Square are dying and the developers should be
reminded to take care of the irrigation. Mr. Shapiro advised they have been put on
notice and will take care of it later in the year. Albertsons has a tree down also.
COMMISSIONER FOSTER: No comments at this time.
MAYOR VANDERGRIFT:
1. Asked about the Public Works Director position. Mr. Shapiro advised that the person
he had interviewed decided not to come here so he may have to re-advertise.
2. Orange County will review the Animal Ordinance on September 26 at 4:00 p.m. at
Boone High School.
3. Budget Final Hearing is scheduled for Wednesday, September 20, at 7:00 p.m.
4. Enclave legislation will be proposed this year which will allow municipalities to take in
enclaves.
5. Said that 10 tickets (face value $35.00 value each) to the opening of the Seminole Mall
had been given to the City by the developers of the Mall and would be made available
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Ocoee City Commission Regular Meeting
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to Commissioners. As most of the Commissioners declared previous commitments,
Commissioner Foster said staff should use them so the City would have representation.
6. Asked Mr. Shapiro to provide copies of last year's City Manager evaluation for
Commission along with the appropriate forms for this year and place his evaluation on
the next agenda. Mr. Shapiro said it would be appropriate to distribute the forms as
requested but wait a while to place it on agenda to allow time for completion of the
forms. Mayor Vandergrift agreed.
7. Said he is talking with the railroad people regarding a trail along the railroad track into
Forest Oaks to Johio Shores and along A. D. Mims Road to Clarcona.
Mr. Shapiro raised the question of attire for Commission as the custom in the past has been to
change to coats and ties following Labor Day Holiday. There was consensus to continue casual
dress until cooler weather.
ADJOURNMENT
The meeting adjourned at 10:40 p. m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
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