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HomeMy WebLinkAboutIII (A) Approval and Acceptance of Minutes of City Commission Regular Meeting of March 18, 1997 AGENDA 4-1-97 n 7 c ,- Item 111 A r MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD MARCH 113, 1997 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers. Mr. Robert Stuart, Christian Service Center/West Orange Life Center, led in prayer and Mrs. Hilda Ems led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Planning Director Wagner, Recreation Director Beech, Public Works Superintendent Solomon, City Engineer Shira, Assistant City Engineer Wheeler, Building/Zoning Official Flippen and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATION: PRESENTATION OF ROCKING CHAIR TO COMMISSIONER JOHNSON. Mayor Vandergrift thanked Commissioner Johnson for 11 years of service to the City and presented him with a rocking chair. Commissioner Johnson gave statistics from the time he started his terms in office until present, recognized other leaders who held office and their accomplishments, and thanked all the citizens who supported him throughout the years. Commissioner Johnson then called his wife Marilyn to the lectern and expressed his appreciation for her support especially during his terms in office and explained that he would still be involved in the community. PLAQUE OF APPRECIATION FROM LITTLE LEAGUE TO CITY DEPARTMENTS. Recreation Director Beech displayed the plaque that was presented to him on opening day by the Little League, and explained that the plaque really belonged to the City Commission and the people in other departments of the City that made the league possible. Mr. Beech then thanked Commissioner Johnson for his dedication to the City and its Citizens. NON AGENDA ITEMS THE OCOEE LIONS CLUB. Lions Sam Woodson, Hartle Bowness, and Ed Gordon of the Ocoee Lions Club presented Mayor Vandergrift with the Community Exhibits Ribbon won by them for the Ocoee Exhibit at the Central Florida Fair. Mayor Vandergrift expressed his appreciation for the ribbon and for all the work that the Lions Club does for the community. THE WINTER GARDEN ELKS CLUB. Commissioner Johnson Advised that Mr. James Cothern was unable to attend this meeting to request that the City purchase a $100 ad in the Annual Charity Ball Program benefiting the Crippled Children's Home. 111 Ocoee City Commission Regular MeetingI. March 18, 1997 Commissioner Anderson, seconded by Commissioner Glass, moved to budget $100 from Community Promotions to run a full page ad in the Winter Garden Elks Club Annual Charity Ball Program benefiting the Crippled Children's Home. Motion carried 5-0. GOVERNMENT FUNCTION OF THE WEST ORANGE STUDENT COUNCIL. Commissioner Johnson explained that the West Orange Student Council was hosting the National Student Council Conference and they had requested support from the City. Commissioner Glass, seconded by Commissioner Parker, moved to grant $250 from the Community Promotion Fund to the West Orange High School Student Council in support of this event. Motion carried 5-0. PRESENTATION: CHRISTIAN SERVICE CENTER/WEST ORANGE LIFE CENTER- REQUEST FOR ASSISTANCE. Robert Stuart, Executive Director of the Christian Service Center, reported that the Christian Service Center/West Orange Life Center would occupy their building in early May, and requested that the City Commission donate the sidewalk that would connect the adjacent properties as required by the City's Zoning Department. Mayor Vandergrift, seconded by Commissioner Anderson, moved to transfer $3300 from the General Fund Contingency Budget to build the required sidewalk in front of the new West Orange Life Center as requested by the Christian Service Center/West Orange Life Center. Motion carried 5-0. PROCLAMATION Day of Remembrance - Yom Hashoah, May 4, 1997. Mayor Vandergrift proclaimed May 4, 1997 Yom Hashoah Day in remembrance of the Holocaust. National Occupational Therapy Month - April 1997. Mayor Vandergrift proclaimed April 1997 National Occupational Therapy Month. CONSENT AGENDA Commissioner Anderson. seconded by Commissioner Glass, moved to approve the Consent Agenda as presented. Motion carried 5-0. The consent agenda consisted of items A, B, C, D, E, and F. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of March 4, 1997 and Canvassing Board Minutes of February 26, 1997. B. Approval and Authorization for Mayor and City Clerk to execute Renewal of 2 Ocoee City Commission Regular Meeting March 18, 1997 Preventive Maintenance Agreement with General Projection Systems for Commission Chambers Audio-Visual Equipment. C. Approval and Authorization for Mayor and City Clerk to execute Renewal of Florida Department of Transportation Maintenance Contract #AD603 State Job #75906- 9241. D. Approval and Authorization for Temporary Closing of a Public Street - Silver Glen Subdivision. E. Approval and Authorization for Mayor and City Clerk to execute Change Order No. 2 with Georgetown Enterprises Inc. for the Continuing Horizontal Construction Capital Improvements Project Nos. 1 & 6. F. Approval and Authorization for Reappointment to Boards: 1. Planning & Zoning Commission: Pat Bond and Darlene Rhodos, 3 year terms expire April 1997. 2. Recreation Advisory Board: Fred "Tip" Daughtry - 2 year term expires April 1997. COMMENTS FROM CITIZENS/PUBLIC Mrs. Martha Lopez-Anderson, President of the Silver Bend Homeowners Association, read a presentation asking for an earlier than scheduled right-of-way acquisition of Silver Star Road for the six (6) lanes from Hiawassee to Apopka/Vineland Road and four (4) lanes from Apopka/Vineland Road to Clarke Road. Mayor Vandergrift asked Mrs. Lopez-Anderson to leave her petitions with the City Clerk for the citizens to pick up. PUBLIC HEARINGS CELEBRATION BAPTIST CHURCH - SPECIAL EXCEPTION CASE NO. 1-6SE-96 (CONTINUED FROM FEBRUARY 18, 1997). The continued public hearing was re-opened. Planning Director Wagner presented the Staff Report and explained that the Celebration Baptist Church had requested permission to conduct church services for a congregation of 40- 50 persons at the former Nautilus Center in the Orange Tree Plaza until a permanent location was found. The Ocoee Land Development Code (LDC) permits churches within the C-2 zoning district upon approval of a Special Exception. Proposed uses of the facility would include church services Wednesday evenings and Sunday mornings and weekday pastoral office facilities. Mr. Wagner stated that based upon this limited use during off-peak hours, existing parking facilities at the Plaza should be adequate to accommodate the proposed use. On March 11, 1997, the Planning and Zoning Commission reviewed the Special Exception Application in detail. Based upon this review, the Planning and Zoning Commission unanimously recommended approval of the project in accordance with Staff's recommendation to approve subject to nine (9) Conditions of Approval: 3 J . J j I iLit Ocoee City Commission Regular Meeting L U March 18, 1997 1) This Special Exception is for the benefit of the Celebration Baptist Church and the rights granted hereunder do not run with the land. In the event the Celebration Baptist Church ceases to use the subject property, then this Special Exception shall automatically terminate. 2) The Special Exception is temporary and shall expire twelve months from the date of approval by the City Commission. Upon issuance of the building permit, the owner or its agent shall diligently proceed in good faith to complete construction in accordance with the terms thereof. Failure of the owner or its agent to proceed as aforesaid shall provide a basis for revocation of the Special Exception by the City Commission. 3) Approval of this Special Exception does not authorize commencement of development. Prior to issuance of a building permit, it will be necessary to obtain site plan approval pursuant to the provisions of Article IV of the Ocoee Land Development Code. Further, compliance with all other applicable provisions of the Ocoee Land Development Code shall be required. 4) Should the uses permitted by this Special Exception be terminated or substantially modified or expanded in a manner inconsistent with the Condition of Approval for the Special Exception, then said Special Exception may be revoked by the City Commission at its sole discretion. 5) The approval is subject to issuance of a Final Certificate of Concurrency prior to the issuance of a building permit or an occupational license for the proposed use. 6) The number of patrons to be permitted within the Celebration Baptist Church shall be limited to that permitted by the Ocoee Building and Fire Safety Codes. 7) The Celebration Baptist Church shall be limited to operating between the hours of 7:00 a.m. and 10:00 p.m., seven days a week. 8) The applicant shall make a good faith effort to obtain a Certificate of Occupancy for the proposed use within six months of issuance of the building permit. 9) All buildings shall conform to Florida Uniform Fire Safety Codes and Standards and the Standard Building Code, and the main building shall be protected by an automatic sprinkler system if required by the Ocoee Fire Department. 4 r r-, Ocoee City Commission Regular Meeting March 18, 1997 Mr. Wagner added that notices of the public hearing were sent to residents within a 1000 foot radius rather than 300 feet as required by the Land Development Code. Mayor Vandergrift left the table. Tim Gunter, Silver Glen resident and Pastor of the Celebration Baptist Church, apologized for not being able to attend the last meeting and causing this delay; and thanked the Commission for considering their request. The public hearing was closed. Mayor Vandergrift returned to the table. Commissioner Glass seconded by Commissioner Anderson moved to approve the Special Exception Application of the Celebration Baptist Church to operate a church at the Nautilus Center within the Orange Tree Plaza in accordance with the foregoing Conditions of Approval. Motion carried 5-0. OTHER BUSINESS PURCHASE OF SENSUS METERS. This item was pulled from the agenda by City Manager Shapiro. MULTI-PURPOSE RECREATION CENTER LOCATED ON A.D. MIMS ROAD SITE. SCHEMATIC DESIGN FOR RECREATION BUILDING. LOCATION OF PARK FACILITIES ON SITE. Recreation Director Beech presented the Staff Report and explained that this report was a request for directions to proceed with Gee & Jenson in the development of the Schematic Site Master Plan - Scheme #2a for the Ocoee Recreation Master Park Plan at the Wastewater Treatment site on A.D. Mims Road. He noted that the construction of the project will be in phased improvements beginning with Phase #1 Recreation Center Building, Entrance Drive and Parking lot, with Phase #la: Multi-sport field, to be delineated as a Bid Alternate. Mr. Beech then introduced Miss Laura Nemethy, R.A., Project Manager/Senior Associate for Gee and Jenson, and Miss Beverly Garrett, Civil Engineer for Gee and Jenson. Miss Nemethy presented the Schematics on the layout for the Recreation Center Building, and was present to answer questions. Miss Garrett spoke about the wetlands and explained that they were able to get in all improvements without encroaching on the wetlands. 5 9 L L J Ocoee City Commission Regular Meeting March 18, 1997 Mr. John Linebarier, 1308 Center Street, asked about dressing rooms and locker space for visiting teams. Miss Nemethy showed that area on the Schematic and said it would go in the future addition. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked what the outside of the building was made of. Miss Nemethy said that it was a combination of metal and concrete. Mr. Mohnacky then asked about a swimming pool. Mr. Beech explained that a pool and tennis courts were not in phase one. Mrs. Carleen Bryant, Recreation Advisory Board, asked what would happen if the upper portion of the wetlands was not buildable. Mr. Beech explained that playgrounds, picnic areas and nature trails could be put in toward the north end of the park area. Former Commissioner Jim Gleason, 856 Hammocks Drive, expressed concern about volleyball netting being installed without using receptors. Miss Nemethy said that it would be addressed. Commissioner Johnson, seconded by Commissioner Glass, moved to approve the proposed work orders 3 & 4 for design criteria and bidding and contract negations giving Gee &Jenson directions to move forward with Phase #1 and Phase 1A so that the project could be drawn up and released for bidding to design/building firms. Motion carried 5-0. CHANGE ORDER NO. 1 WITH SOUTHLAND CONSTRUCTION COMPANY FOR THE KISSIMMEE AVENUE/STORY ROAD AND MARSHALL FARMS/MAGUIRE ROAD INTERSECTION IMPROVEMENT PROJECT. Assistant City Engineer/Utilities Director Wheeler presented the Staff Report and explained that this change order request was initiated by City Staff at the request of Sprint Telephone Company due to conflicts with the Sprint duct bank under the pavement for Maguire Road. The totals for this change order were $39,296.40 and an additional fourteen day extension. In addition, the PEC fees for redesign are approximately $4,500. The total cost of the additional work to relieve the conflicts with Sprint's duct bank was $43,796.40. Sprint has agreed to reimburse the city $35,000 of this cost with the City absorbing the remainder. The cost of $8,796.40 is construction dollars which the City would have realized due to conflicts between the City's forcemain and the proposed storm water system regardless of the alignment. Staff recommended that the City Commission accept Sprint Telephone Company's offer to participate in this change order in the amount of $35,000, to cover all of PEC's expenses and the majority of the construction costs; and in addition, that the City Commission approve 6 Ocoee City Commission Regular Meeting March 18, 1997 Change Order No. 1 with Southland Construction, Inc. by increasing the contract amount by $39,296.20, with an extension in contract time of fourteen days, and authorize the Mayor and City Clerk to execute Change Order No. 1. Commissioner Johnson, seconded by Commissioner Anderson, moved to accept Sprint Telephone Company's offer to participate in this change order in the amount of $35,000, to cover all of PEC's expenses and the majority of the construction costs. And in addition, to approve Change Order No. 1 with Southland Construction, Inc. by increasing the contract amount by $39.296.20 with an extension in contract time of fourteen days and to authorize the Mayor and City Clerk to execute Change Order No.l. Motion carried 5-0. STAFF REPORTS Commissioner Glass left the table during this report as he had at an earlier meeting declared a conflict of interest on this issue. City Manager Shapiro recalled earlier discussions regarding the Local Gas Tax Distribution and the proposed Interlocal Agreement between the City of Orlando and Orange County, wherein concern had been expressed regarding the language in Section 6 of the proposed agreement. City Attorney Rosenthal had prepared language that, if adopted, would overcome the problem of bonding future revenues. Commissioner Johnson, seconded by Commissioner Parker moved to urge the Orange County Commission to reject the February 20,1997, draft of the Orlando/Orange County 1997 Interlocal Agreement on Local Fuel Gas Tax Distribution and that the Orange County Commission proceed with the proposed agreement only if the last sentence of Section 6 of the draft is deleted; i.e., Not withstanding the foregoing, should the Florida Legislature amend Section 336.025 Florida Statute to provide for an alternate Local Option Fuel Gas Tax Distribution method. this 1997 Interlocal Agreement shall terminate upon the effective date of any such amendment or upon such other date as mutually agreed to by the parties. Motion carried 4-0. (Commissioner Glass was not present.) RECESS 9:25 - 9:40 COMMENTS FROM COMMISSIONERS Mayor Vandergrift said that when he had called on Commissioner Johnson to go first with his comments at most meetings, Commissioner Johnson generally had wanted to go last, so he turned the gavel over to Commissioner Johnson and asked him to conduct this last portion of the meeting so that he could be in control of the order in which comments were made. Mayor pro tem Johnson then asked Mayor Vandergrift to begin with his comments. 7 Ocoee City Commission Regular Meeting L L .- March 18, 1997 Mayor Vander2rift: 1) Reported that Charter Review Chairman Beatty is also head of the Disney Volunteers and they want to begin a project in Ocoee during the month of April. He suggested possibly planting trees (in recognition of Arbor Month) or cleaning up around the lake. Interim City Manager Shapiro responded that he had a meeting set up with Public Works Director Corwin and Recreation Director Beech for March 24 to go forward with the planning of this group's project. 2) Asked if thought had been given to the intersection of Roberson Road and Maguire Road in relation to the opening of the new school being built to relieve the Windermere School. He added that it could possibly need some improvements (such as a right-hand turn lane) to accommodate the increased school traffic. Mr. Shapiro responded that the design is 50-60% complete and extends up to the Belmere property line. He said when complete it will be submitted to the County to see if they will assist with the construction. 3) Re: Highway 50/Bluford intersection: The right-hand turn lane going west on Highway 50 is I car length and does not nearly serve the traffic needs. Mr. Shapiro responded that when DOT was questioned they advised it was according to state statute. He then reported that a 2 phase light is soon to be installed at Fuller's Crossing. 4) Reported that the light at White/Clarke Road intersection going east on White Road is very long. 5) Asked when Spring Cleanup is scheduled. Public Works Supervisor Solomon reported that it would be 2 weekends: April 12/13 and April 19/20. 6) Asked about the Surplus Sale. Buyer Brace has requested the information from department heads and the sale will probably be scheduled in May. 7) Reported a rumor that the Girls Club had bought 15 acres of property in Ocoee just north of the Funeral Home on Apopka Road. 8) Asked when the 5 year CIP would be ready for review. It is at the department head level now and will go before the Planning and Zoning Commission, then to this Commission. 9) Noted the lack of TV coverage due to the school Spring Break and said we should have someone to cover the broadcasting even if we have to pay. He asked adults to get involved in the training classes. 10) Announced the Run-Off Election Tuesday, February 25 and that the polling place is at the Community Center and open during the hours from 7 a.m. to 7 p.m. Commissioner Parker: 1) Announced the RSVP number, 656-2218. 8 Ocoee City Commission Regular Meeting March 18, 1997 - - Commissioner Glass: 1) Regarding the Disney Volunteer Program, he noted that there were many fire hydrants that look very beat up and he said he would not object to Disney characters being painted on them, if that group would like to take on the refurbishing of the hydrants. 2) Recalled that at the last meeting he had mentioned that Prima Vista residents had requested a gate at the back side of Tiger Minor Park. Mr. Shapiro responded that a gate already exists, but that it needs repair as well as a schedule for the opening/closing. First though, proper notice would have to be posted that the gate would be locked at certain hours. 3) Encouraged any civic minded group to volunteer to man the telephones again so that citizens could call in their comments during televised meetings. 4) Thanked Commissioner Johnson for the privilege of working with him on the Commission. He noted that they had agreed more than they disagreed, and they had left any disagreements on the dais when they walked away. I-Ie said he looked forward to having Commissioner Johnson in his district. Mayor Vandergrift mentioned at this point that a television should he put in his office for the volunteers to watch the meeting in progress while they are taking messages for the Commission. He mentioned also that, in driving through Wesmere, he had learned that Sprint had installed unnecessarily huge boxes in front of homes. Commissioner Anderson: 1) Concurred with Commissioner Glass regarding his comments to Commissioner Johnson. 2) Thanked Martha Lopez-Anderson for her presentation regarding the expansion of Silver Star Road. 3) Asked about the TV production crew. Mr. Shapiro explained that they were on Spring Break. 4) Encouraged voters to vote on February 25 in the District 1 Run-Off Election. Commissioner Johnson: I) Announced the Easter egg hunt Saturday, March 29 at 10 a.m. at Vignetti Park for different age groups and advised that the Commission would be present in bunny outfits. 2) Reported that the road that ends behind Food Lion needs work. 3) Reported more statistics showing the growth of Ocoee: there were 260 Occupational Licenses in 1985 and now there are 915. 4) Wished the candidates for his district good luck. 9 Ocoee City Commission Regular Meeting March 18, 1997 5) Said that city employees usually stay with the City when they get here and he has enjoyed working with them during the last 11 years. 6) Suggested that when the Western Beltway land goes in some be set aside for ball players. 7) Said that the County is helping subsidize the Winter Garden Park at Fuller's Cross Road and asked why they could not help with Ocoee's facility. 8) Thanked Don for checking the lights on Ocoee Hills Road. 9) Announced that his telephone number is no longer to be used for complaints. 10) Thanked each Commissioner in turn for working with him, then expressed appreciation to the City Manager, City Attorney, City Clerk, and all of Staff. He said he had enjoyed working with and for all citizens. ADJOURNMENT The meeting adjourned at 10:05 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 10