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HomeMy WebLinkAboutIII(A) Approval and Acceptances of Minutes of City Commision Regular Meeting of September 3,1996 and Special Session of September 5,1996 AGENDA 9-17-96 Item III A MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD SEPTEMBER 3, 1996 I U.f . CALL TO'ORDER U J u u�. l i� Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers. Dr. Mark Matheson led in prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared.present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass and Gleason(arrived at 8:00 p.m.). Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Personnel/Employee. Relations Director Psaledakis, Planning Director Wagner, Public Works Director Corwin, Capital Projects/Concurrency Analyst Resnik, and City Clerk Grafton. ABSENT: Commissioner Johnson PRESENTATIONS AND PROCLAMATIONS - None CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, and I. City Clerk Grafton explained that in item A, a sentence on page 4 in the Minutes of the August 20th Commission Meeting had been moved to follow the third paragraph on page 5 in'order to clarify the action taken in the adoption of Ordinance No. 96-12, relating to juvenile curfew. Mayor Vandergrift. seconded by Commissioner Glass. moved to adopt and approve the consent'agenda with the amendment in item A. Motion carried 3-0. (Commissioners Gleason and Johnson were not present.) A. Approval and Acceptance of Minutes of City Commission Regular Meeting of August'20. 1996. B. Approval and Authorization for Mayor and City Clerk to execute Recision of SunTrust Development Permit ProcessingA reement dated March 19. 1996. C. Approval and Authorization for Mayor and City Clerk to execute Western Beltway: Indemnity Agreement with Orlando-Orange County Expressway Authority. D. Approval and Authorization for Mayor and City Clerk to execute Emergency Water Supply Interconnect and Easement Agreement with Orange County. E. Approval and Authorization for Mayor and City Clerk to execute Wesmere Vil1ag a 11 - Hampton Woods Final Plat. F. Approval and Authorization for Mayor and City Clerk to execute Wesmere Village 12 & 13 - Brookhaven Oaks - Final Plat. G. Approval and Authorization for Mayor and City Clerk to execute Scottvs Ocoee - Final Plat. IL Approval and Authorization for Mayor and City Clerk to execute Wedgewood Commons. Phase One - Developers and Homeowners Association Agreement for Upgraded Street Lights. I. Approval and Authorization for Mayor and City Clerk to execute Wedgewood Commons. Phase One - Final Plat. Ocoee City Commission Regular Meeting September 3, 1996 j U .0 CITY MANAGER SHAPIRO INTRODUCED AND WELCOMED NEW EMPLOYEE- INFORMATION SYSTEMS MANAGER RANDY SUTTON. COMMENTS FROM CITIZENS/PUBLIC Mr. Irvin J. Stephens, President of Ocoee Rotary Club, said that the Rotary Club had observed a need for bicycle safety devices and information, helmets, etc. in Ocoee, and they wished to help satisfy that need. Toward that end the West Oaks Mall, Disney, and others are sponsoring Rotary in a SAFETY FEST, Saturday, October 26, 1996 at the West Oaks Mall. He challenged Mayor Vandergrift to take part in the First Annual Tricycle Tournament for Management during that day's events,and he accepted. PUBLIC HEARINGS SECOND READING: ORDINANCE NO. 96-13, SYSCO SMALL SCALE COMPREHENSIVE PLAN AMENDMENT (CPA-96-002). This Ordinance was presented by title only for the second reading and public hearing. Planning Director Wagner gave the staff report and, displaying a map on the overhead, he pointed out the West Orange Girls' Club location which has been purchased by Sysco Food Services for their planned plant expansion. He.explained that this is a small scale plan amendment (less than 10 acres) that has been reviewed and unanimously adopted by the Planning and Zoning Commission at a public hearing. Mr. Wagner advised that the subject property has historically been zoned I-2, Heavy Industrial, but that during the time it was owned by the Girl's Club it had been designated Recreation on the Land Use Map. He said that such a land use was inappropriate as it is located within an area of intense commercial and industrial development. Mr. Wagner added that the future land use designation assigned during the adoption of the 1991 Comprehensive Plan should have remained Heavy Industrial to be consistent with the underlying zoning. Mr. Wagner said that staff recommended that the City Commission find the application of SYSCO in case #CPA-96-002 to be consistent with the Ocoee (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) surrounding land uses, and approve the requested future land use designation change from Recreation to Heavy Industrial. The public hearing was opened. Mr. Richard Doss, 576 Kissimmee Avenue, advised that he lived across the street from Sysco and the noise level from horns and the traffic from trucks was already disruptive to the peace and quiet in the neighborhood. He objected to any change that might increase the discomfort caused by heavy traffic. He said that he had made many attempts to talk to the management at Sysco to ask if they would do something about the noise and had been unsuccessful. He also objected to the taxpayers having to pay any part of the improvement to the roadway at that location. City Manager Shapiro advised for the record that no public funds are being spent for that improvement as Sysco is paying for their own turn-lane. 2 Ocoee City Commission Regular Meeting M CT September 3, 1996 LI Commissioner Gleason arrived at the meeting at 8:00 p.m. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked about the improvements to be made to the road and parking lots and Mr. Wagner explained the plan. City Manager Shapiro gave the history of the parcel since FMC left the area. He said that the City will do the paving because the intersection already needs improvement, but that Sysco will pay for it and make their improvements at the same time in order to avoid the inconvenience and expense of treating the same area twice. Mayor Vandergrift read a letter from Mr: Larry Boice who wished to go on record as not wanting the Girls' Club to be rezoned for heavy construction. Mayor Vandergrift asked staff to look for 12 to 15 acres for the Girl's Club to relocate within Ocoee. Mr. Stephen Smith, President and CEO of Sysco Food Services of Central Florida, said he has been here since November 17 and has not heard from Mr. Doss regarding concerns about the horns blowing, but that he would address the problem immediately. Mr. Smith talked about the benefit to Ocoee in having Sysco and its 524 employees actively involved in the economy of the area. He said that one of the planned improvements was a double lane to get the trucks off the highway more quickly and, with the use of the Girls' Club parcel, their expansion will accommodate the trucks. The public hearing was closed. Commissioner Glass advised that he had received messages from George Bailey and Carry Herdick asking that this issue be tabled so several issues could be resolved between the Girls' Club and Sysco. Dr. Mark Matheson also left a message for him, indicating that the issues have been resolved. He suggested that Mr. Smith adopt some kind of penalties for truckers who blow their horns at 3:00 a.m. to put an end to that part of the noise. City Manager Shapiro advised that he would find out if police officers check in that area for noise and traffic and see if the City can be good neighbors to Mr. Doss. Following discussion, Commissioner Glass. seconded by Commissioner Anderson. moved to find the application of Svsco in Case #CPA-96-002 to be consistent with the Ocoee's (1) Comprehensive Plan: (2) Future Land Use Man: (3) Land Development Code: and (4) surrounding land uses, and approve the requested future land use designation change from Recreation to Heavy Industrial and to adopt Ordinance No. 96-13. Motion carried 4-0. (Commissioner Johnson was not present.) 3 o Lij L-1 Ocoee City Commission Regular Meeting .� September 3, 1996 FIRST READING: ORDINANCE NO. 96-14. MORATORIUM ON CELLULAR COMMUNICATION TOWERS. The second reading and public hearing will be September 17, 1996 at 7:30 p.m. This Ordinance was presented by title only for the first reading and public hearing. City Manager Shapiro advised that this issue was brought to the attention of Florida cities by the Florida League of Cities several times during the past year and a half and the attorney handling this recommended that a moratorium be put in place to give time to develop adequate regulations. City Attorney Rosenthal stated that his firm was not involved in this matter as they represent American Portable Telecommunications and he had notified City Manager that the City should engage other counsel. Mr. Shapiro advised that Fowler, Barice, and Feeney represent the City in this issue. Mayor Vandergrift asked how this affects those who had approached the City already for wireless communication devices as noted in the staff report. Planning Director Wagner advised that those were casual inquiries but nothing came from them. The public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, said the towers he had seen do not have safety lights and could be a hazard to low flying planes. The public hearing was closed. Mayor Vandergrift announced the time and place for the second reading and public hearing. OTHER BUSINESS DISCUSSION/ACTION RE: RESOLUTION No. 96-24, ADOPTING EIGHT (8) REVISIONS TO JOB DESCRIPTIONS AND TEN (10) NEW JOB DESCRIPTIONS. This Resolution was presented by title only. Mayor Vandergrift left the table and handed the gavel to Commissioner Gleason. Personnel/Employee Relations Director Psaledakis stated that every year job descriptions are reviewed and department heads are asked for any changes needed in existing job descriptions and classifications. This Resolution presents those changes that were necessary as well as the new job descriptions authorized. Commissioner Glass. seconded by Commissioner Anderson, moved to approve and adopt Resolution No. 96-24. adopting eight (81 revisions to iob descriptions and ten (101 new iob descriptions, as presented. Motion carried 3-0. (Mayor Vandergrift was not present at the table and Commissioner Johnson was not present at the meeting.) 4 Ocoee City Commission Regular Meeting September 3, 1996 DISCUSSION/ACTION RE: AWARD OF BID FOR HORIZONTAL CONTRACTS -PHASE I DRAINAGE CAPITAL IMPROVEMENT PROGRAM. City Engineer/Utilities Director Shira gave the staff report, advising that bids were received for the first four horizontal projects, which had been combined into two bid groups, and he recommended awarding bids to two firms (the low bidder and the second low bidder) rather than just one in order to complete the work in a timely manner. He explained that the four projects are located in the Coventry, Sawmill, and Forest Oaks Subdivisions. Mayor Vandergrift returned to the table during this presentation. • In accordance with the staff recommendation, Commissioner Gleason. seconded by Commissioner Glass. moved to authorize the Mayor and City Clerk to (1) execute a contract • with Sunshine Building and Development Corporation in the amount of$52,510.53 for projects 19 and 31 in accordance with their bid, and (2) execute a contract with Georgetown Enterprises. Inc. in the amount of $149.735.30 for projects 1 and 6 in accordance with their bid. Motion carried 4-0. (Commissioner Johnson was not present.) DISCUSSION/ACTION RE: CONCURRENCY MANAGEMENT DRAFT REPORT. Capital Projects/Concurrency Analyst Resnik gave the staff report summarizing the findings of the Concurrency Assessment Infrastructure and Services Report and asked for direction to prepare a Resolution and Infrastructure Deficiencies Map which depicts the concurrency levels of service as outlined in the concurrency report. Ms. Resnik pointed out that the same two road segments that were on the Infrastructure Deficiencies Map for FY 95/96 will remain on the map. Silver Star Road from Clarke Road to Good Homes Road and Good Homes Road from State Road 50 to White Road are at 122 and 119 percent of capacity respectively. Mayor Vandergrift, seconded bv. Commissioner Glass, moved to direct staff to prepare a Resolution to include the attached report as the formal assessment of infrastructure and services, and to also include as part of the Resolution an Infrastructure Deficiencies Map depicting the two areas of deficiencies in the area of traffic circulation: Good Homes Road from State Road 50 to White Road and Silver Star Road from Clarke Road to Good Homes Road. Motion carried 4-0. (Commissioner Johnson was not present.) DISCUSSION/ACTION RE: PURCHASE OF GRAVELY ATM 72" SLOPE MOWER FROM GRAVELY INTERNATIONAL, INC. City Manager Shapiro gave the staff report advising that after Commission approval of the DeWeese 72" Slope Mower there was a change in the company ownership and a modification in the structure of the mower resulting in an increase of $5,079.00 in the price. He recommended approval of the purchase as presented. Mayor Vandergrift, seconded by Commissioner Gleason. moved to (1) authorize the purchase of a Gravely ATM 72 Slope 5 Ocoee City Commission Regular Meeting 111 September 3, 1996 Mower for $20,079.00 from Gravely International, Inc. and (2) authorize the use of $5.079.00 of the remaining $16.227.07 in Stormwater Account 103-538-6400 for the purpose of covering the resultant price increase for.the conversion of the budgetarily approved DeWeese mower to a Gravely mower. Motion carried 4-0. (Commissioner Johnson was not present.) APPOINTMENTS TO BOARDS: GENERAL EMPLOYEE RETIREMENT TRUST FUND: TANYA MILLER/MCALLISTER - TERM EXPIRES SEPTEMBER 30, 1996. Mrs. Miller/McAllister has advised that she does not wish to be reappointed. As there were no applications to consider for this position, this item will be placed on a future agenda. POLICE/FIRE RETIREMENT TRUST FUND: NORA GLEDICH - TERM EXPIRES SEPTEMBER 30, 1996. Commissioner Glass, seconded by Commissioner Gleason, moved to reappoint Mrs. Nora Gledich as Trustee to the Police/Fire Retirement Trust Fund with a term expiring September 30. 1998. Motion carried 4-0. (Commissioner Johnson was not present.) STAFF REPORTS - There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Anderson: No comments at this time. Commissioner Glass: 1) Reported that a constituent expressed concern about Lake County Correctional Facility work crews working in front of elementary schools and asked if we have any control over where they work. City Manager Shapiro advised that before a prisoner is allowed to be on one of those work crews the state corrections office does a complete psychological review and the prisoner must be classified as a non-risk person. Mr. Shapiro said that if. however. it would make the citizens more comfortable he would be sure they were scheduled away from the schools. Commissioner Gleason: 1) Presented a plaque he had received in August for the City of Ocoee expressing appreciation for continuing support from the Ocoee Jr.-Sr. Football Program and Cheerleading Program. 2) Expressed appreciation to Sysco for their action regarding the Girls' Club. 3) Expressed concern regarding the length of time taken to respond to the request for a permit that brought about the solicitation lawsuit. City Manager Shapiro advised that the request had been granted and returned in a timely manner by the Police Department. but was misfiled by the Building Department. From that time until the lawsuit was filed, 6 Ocoee City Commission Regular Meeting o P3, September 1996 L. there was no contact made by the petitioner or there would have been a search conducted and the oversight corrected. - 4) Said that his request to City Manager Shapiro for a thumbnail sketch of the fees involved when someone comes into Ocoee resulted in a complete fee guide that was beyond anything he had anticipated, and he expressed his appreciation to the staff responsible. He said that when he presented the fee guide to the Economic Development Committee, it was well received and neighboring communities would be hard pressed to provide the same type of information. City Manager Shapiro gave credit to the City Clerk's office and Judie Lewis in particular, who had dedicated much of her time for a week to process the information and assemble the booklets. Mayor Vandergrift: 1) Said that the fee guide booklet should also show the author and he would like to see a similar booklet of information with needed telephone numbers, statistics regarding the City, etc. for new residents. 2) Announced the budget public hearings on September 7 and September 18, 1996 at 7:00 p.m. 3) Cautioned citizens to be careful through Hurricane Fran and to call the Fire Department if they have problems. 4) Asked when Clarke Road will be done. City Manager Shapiro advised that we are waiting for an approval from St. Johns River Water Management District for a particular permit to do the drainage for that area. Mr. Rosenthal advised that part of the permitting process involved a change in the design of the intersection of Clarke Road and Clarcona-Ocoee Road in order to reduce some land acquisition requirements, and it involves the acquisition of three strips of land along Clarcona-Ocoee Road. Mr. Shapiro said it would be another six months before the road is opened. Commissioner Anderson asked when the dock will be open. Mr. Shapiro said he will check with staff Thursday and report back. ADJOURNMENT The meeting adjourned at 9:20 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 7 AGENDA 9-17-96 Item III A - MINUTES OF THE OCOEE CITY COMMISSION SPECIAL BUDGET SESSION HELD SEPTEMBER 5, 1996 �. CALL TO ORDER Mayor Vandergrift called the Special Budget Session to order at 7:00 p.m. in the commission chambers. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass and Gleason (arrived at 7:05 p.m.) Also present were City Manager Shapiro, City Attorney Rosenthal, Finance Director Horton, Personnel Director Psaledakis, Recreation Director Beech, Public Works Director Corwin, Finance Supervisor Carter, and City Clerk Grafton. ABSENT: Commissioner Johnson Mayor Vandergrift announced that this was a public hearing on the tentative budget and the proposed millage rate for the City of Ocoee. The notice for this hearing was contained in the Notice of Proposed Property Taxes mailed by the Property Appraiser. The City Commission has previously set a proposed millage rate of 4.0 mills which represents a 8.1081% increase in millage over the rolled-back rate of 3.7 mills. Finance Director Horton announced that the proposed millage rate of 4.00 mills to fund the budget proposed for FY 96-97 will generate revenues to be used for: • the purchase of a city-wide computer system, • increase in personnel and equipment in the Police, Fire, Inspection, Planning, City Clerk, and Public Works departments for increased service delivery, • making substantial improvements to the parks throughout the City and provide funding for the construction of the Recreation facility, • funding to acquire a Public Works facility, • resurfacing a portion of Orlando Avenue and Professional Parkway, • acquiring the bathrooms for Starke Lake, • paying Debt Service on the 800 MHz radio system used city-wide. The public hearing was opened and Mayor Vandergrift asked for comments from the citizens. Comments by Citizens " Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked if the City was still committed to Orange County for the recycling program. City Manager Shapiro responded that it was. Comments by Commissioners There were no Commission comments at this time, nor were any amendments to the tentative millage proposed. Clerk's note: As there were no changes proposed it was not necessary to take a recess to recompute the proposed millage and rolled-back percentage increase. Ocoee City Commission Special Budget Session D ii L,z1 September 5, 1996 City Attorney Rosenthal announced that, based upon the proposed budget, there is a proposed millage rate of 4.0 mills which represents an 8.1081% increase in millage over the rolled-back rate of 3.7 mills. Read title to Ordinance No. 96-15 regarding millage rate. • City Attorney Rosenthal read the title only of Ordinance No. 96-15 regarding the millage rate. Motion to adopt the tentative millage rate. Commissioner Glass. seconded by Commissioner Anderson, moved to adopt a tentative millage rate of 4.0 mills for the fiscal year beginning October 1, 1996 and ending September 30. 1997. Before the vote was called for, both citizens and Commissioners were given an opportunity to comment. As no one wished to speak the vote was taken without further discussion. Motion carried 3-1 with Mayor Vandergrift voting no. (Commissioner Johnson was not present.) Read title to Ordinance No. 96-16 regarding budget.. The Ordinance was presented by title only for the first reading. Motion to adopt the tentative budget. Commissioner Anderson, seconded by Commissioner Glass, moved to adopt the tentative budget of the City of Ocoee distributed along with the budget message of the City Manager dated July 30. 1996. as amended with the changes resulting from the budget workshops, such tentative budget being for the fiscal year beginning October 1, 1996 and ending September 30. 1997. Commissioner Gleason asked for confirmation from City Attorney that a vote of yes for this motion would in no way, shape or form, be a vote for, or support of, the Over 65 Program as it is presented. City Attorney Rosenthal responded that he had presented a written memorandum opinion to Commission regarding the budget as presented and how it relates to the Senior Program. He said it was his understanding that this budget does not appropriate any funds for the Senior Program. There is a large amount of fund in contingency so that if, following adoption of the budget, the City Commission, through normal procedures chooses to move funds from contingency to the Senior Program, that would be within the discretion of the City Commission. But there is no obligation or.commitment because a discussion of the Senior Program may have influenced the amount set in the contingency fund. He said further that until such time as a motion is made to move funds from contingency and to provide funding for the Senior Program, from a legal standpoint, this budget does not appropriate any funds for the Senior Program. There was no public comment and the vote was called for. Motion carried 3-1 with Commissioner Gleason voting no. (Commissioner Johnson was not present.) 2 Ocoee City Commission Special Budget Session ( D 6 5, September 1996 P Motion to schedule the public hearing on September 18, 1996 at 7:00 p.m. in the commission chambers to adopt the final millage rate and budget. Mayor Vandergrift: seconded by Commissioner Anderson. moved that a Public hearing to consider the final millage rate and final budget be scheduled for September 18. 1996 at 7:00 p.m. at a Special Meeting of the City of Ocoee Commission to be held at the Ocoee City Hall Commission Chambers. that the hearing be advertised in accordance with the provisions of Section 200.065. Florida Statutes, and Section 7 of Article VI of the Ocoee City Charter. that the appropriate Resolutions or Ordinances necessary to adopt the final millage rate and the final budget be prepared by the City staff, and that all other action necessary to comply with the reauirements of Section 200.065. Florida Statutes. be undertaken: Motion carried 4-0. • (Commissioner Johnson was not present.) Announcement by Mayor Vandergrift of end of hearing and date for final millage and final budget hearing. Mayor Vandergrift closed the public hearing and announced that the public hearing to adopt the final millage rate and final budget for fiscal year 1996-97 would be held September 18, 1996 at 7:00 p.m. at Ocoee City Hall. ADJOURNMENT The meeting adjourned at 7:15 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor •