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HomeMy WebLinkAboutIII(A) Approval And Acceptance Of Minutes Of City Commission Regular Meeting Of April 1, 1997 --� Ada 4-15=97 r �3 j Itemgen III A MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD APRIL 1, 1997 Commissioner Howell was sworn in by City Clerk Grafton at 7:10 p.m.just prior to the opening of the regular meeting. CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers. Pastor Lance Laird 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, Howell, and Parker. Also present were Interim City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Personnel/Employee Relations Director Psaledakis, Planning Director Wagner, Public Works Superintendent Solomon, Recreation Director Beech, Concurrency Analyst Resnik, and City Clerk Grafton. • ABSENT: None. Mayor Vandergrift announced that he would take Agenda Item VI. F - Election of Mayor pro tempore-out of agenda order and that item was considered at this time. ELECT MAYOR PRO TEMPORE. Mayor Vandergrift, seconded by Commissioner Anderson, moved to nominate Commissioner Glass Mayor pro tem. There were no other nominations. Motion carried 5-0. PRESENTATIONS AND PROCLAMATIONS PRESENTATION OF ROCKING CHAIR TO COMMISSIONER GLEASON: Mayor Vandergrift invited Mayor pro tem Glass to present the retirement rocking chair to former Commissioner Gleason and then left the room until the end of Commissioner Gleason's address. Former Commissioner Gleason.spoke expressing appreciation to all the Commissioners and City Staff with whom he had been privileged to work, and thanking all Citizens of Ocoee who supported him in the election and through the time he spent in office. CHARTER REVIEW COMMISSION UPDATE, CHAIRMAN BRUCE BEATTY Bruce Beatty, Chairman of the Charter Review Commission, reported that there had been some citizen input in response to the requests for opinions on issues for the Charter Review, but that the members felt that more should be done to contact and advise citizens regarding this process. They had considered a mailout to all residents with a straw ballot to be returned. He asked for Commission's advice. 13) Ocoee City Commission Regular Meeting LJ tfi L, LI April 1, 1997 City Manager Shapiro said that it was too soon for a straw ballot but he did recommend taking $3500 from the Contingency Fund to get the word out to the public, by advertising two or three public hearings. Commissioner Glass, seconded by Commissioner Anderson, moved to approve a budget of up to $3500 to be taken out of the Contingency Fund for use by the Charter Review Commission in the most efficient manner they could find to notify the public. Motion carried 5-0. Mayor Vandergrift announced that there would be further reports at a later date. PROCLAMATIONS: • Mayor Vandergrift read the following proclamations: • Crime Victim's Rights Week-April 13 - 19, 1997. • National Records and Information Management Week, March 31 - April 4, 1997. CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Anderson, seconded by Commissioner Parker, moved to approve the consent agenda as presented. Motion carried 4-0. (Commissioner Glass was not present.) A. Approval and Acceptance of Minutes of City Commission Regular Meeting of March 18, 1997. B. Approval and Authorization to Reappoint Carleen Bryant to another 2 year term on the Recreation Advisory Board. COMMENTS FROM THE CITIZENS/PUBLIC Jeff Griffin, 101 Miller Court, expressed concern about the dumping at Vignetti Park by the street sweeper, and said that he had informed Recreation Director Beech about the problem; and that Mr. Beech had tried to clean it up, but the street sweeper had come back and dumped again. City Manager Shapiro explained that the property is owned by the Utility Department rather than by the Recreation Department, and was in use as a staging area before the lots were used for practice fields. Mr. Shapiro said, however, that the City could fence off the dump site for safety to those who are using the practice fields, reroute the street sweeper, and that dumping would stop immediately. PUBLIC HEARINGS PROPOSED SALE OF SURPLUS PROPERTY. (This issue was continued from March 4, 1997 in order to advertise for a public hearing.) City Attorney Rosenthal presented the Staff Report and the history of this issue, and explained that, pursuant to the direction of the City Commission, City Manager Shapiro, City Engineer Shira, Mr. Tom West and he had met to discuss the possible future use of a portion of the bid property in connection with an extension of the West Orange Trail. In connection with these discussions, Mr. Shira advised that a 60 foot wide right-of-way 2 LL'' ! l u i�� 7 Ocoee City Commission Regular Meeting b i' April 1, 1997 adjacent to the railroad right-of-way should be obtained in order to be consistent with the width of the former railroad right-of-way on other lands owned by the City. After discussion regarding several options with Mr. West, it was agreed, in concept, that the best approach would be for the City to reserve in the deed of conveyance an unconditional right to repurchase, for a term of three years, the aforementioned 60 foot wide strip. In the event the City Commission concurs with the above proposal and desires to award the bid to Tom West. It is then recommended that the following action be taken: That the Honorable Mayor and Board of City Commissioners award Ocoee Site No. 2, identified as 102 West Ohio Street, to Tom West for a bid purchase price of$84,100 with the condition that the deed of conveyance reserve in favor of the City of Ocoee a right to repurchase, for a term of three years, a 60 foot wide strip of land adjacent to the railroad right-of-way with the repurchase price being on a gross square foot basis based upon the gross square foot purchase price paid by Tom West for the subject property and with the final documentation for such right of repurchase being acceptable to the City in its discretion, and further, that the Mayor and City Clerk be authorized to execute all necessary closing documents in connection therewith. Mr. Rosenthal said that a new development had come into existence this day in the form of an offer from Attorney Richard Trismen, representing an anonymous donor who wished to purchase the land at its appraised value and present it to the First Baptist Church of Ocoee. The public hearing was opened. Pastor Lance Laird, First Baptist Church of Ocoee, spoke in favor of awarding the property on 102 West Ohio Street to Tom West. Mr. Bruce Beatty, 1327 Olympia Park Circle, spoke in opposition to the City's disposing of the property on West Ohio Street for less than fair market value. Mr. John Baley, 240 E. Bahama Road, Winter Springs, spoke in favor of awarding the property to Mr. West, explaining that the value of what the church would do with the property would certainly outweigh the present true market value of the property. Ms. Paula Collier, 1619 Beatrice Drive, spoke in favor of the sale. Mr. Alfred Luck, 711 Pine Street, spoke in favor of the sale. Former Commissioner Johnson, 21 Delaware Street, explained the whole process that the bidding had gone through for this property while he was commissioner, and spoke in favor of the sale. 3 Lp,Ocoee City Commission Regular Meeting113 April 1, 1997 Former Commissioner Betty Hager, 511 Orange Avenue, explained why the City paid $150,000.00 for the property and said she would like to see Cumberland, on the west side of the property, open so that Mr. Milton would have access to his driveway. Ms. Margarita McKinsey, 807 Apricot Drive, spoke in favor of the sale to Mr. West. Former Commissioner Vern Combs, 310 Sabinal Street, spoke in favor of the sale to Tom West. Mr. Rod Greewelsh, 3540 Walker Road, Apopka spoke in favor of selling the property to Mr. West. Mrs. Martha Lopez-Anderson, 1796 Cassingham Circle, said that Commissioner Anderson should abstain from voting on this issue. City Attorney Rosenthal explained that, as long as there is no financial gain for Commissioner Anderson, there is no conflict and he is required to vote. The public hearing was closed. Commissioner Glass stated for the record that he received a letter from Neville Hemsley of 1893 Clarcona Road, supporting the sale of land to Mr. West and handed it to the City Clerk. He then responded to Pastor Laird's question (by phone at home) saying that he would be supporting the sale of the property to Tom West and keeping the three year buy back of the 60 foot wide strip of land adjacent to the railroad. Commissioner Parker asked City Attorney Rosenthal about the last minute bid that was put in. Mr. Rosenthal explained that if the City was interested in the new bid, the property would have to go out to bids again, which would be difficult given the circumstances. Commissioner Anderson, seconded by Commissioner Howell, moved to award Ocoee Site No. 2, identified as 102 West Ohio Street, to Tom West for a bid purchase price of $84,100 without the condition that the deed of conveyance reserve in favor of the City of Ocoee a right to repurchase, for a term of three years, a 60 foot wide strip of land adjacent to the railroad right-of-way with the repurchase price being on a gross square foot basis based upon the gross square foot purchase price paid by Tom West for the subject property and with the final documentation for such right of repurchase being acceptable to the City in its discretion, and further, that the Mayor and City Clerk be authorized to execute all necessary closing documents in connection therewith. Motion lost 2-3. (Mayor Vandergrift, Commissioners Glass and Parker voted no.) Commissioner Anderson, seconded by Commissioner Glass, moved to award Ocoee Site No. 2, identified as 102 West Ohio Street, to Tom West for a bid purchase price of $84,100 with the condition that the deed of conveyance reserve in favor of the City of Ocoee a right to repurchase, for a term of three years, a 60 foot wide strip of land adjacent 4 Ocoee City Commission Regular Meeting I u Lr- April 1, 1997 to the railroad right-of-way with the repurchase price being on a gross square foot basis based upon the gross square foot purchase price paid by Tom West for the subject property and with the final documentation for such right of repurchase being acceptable to the City in its discretion, and further, that the Mayor and City Clerk be authorized to execute all necessary closing documents in connection therewith as recommended by Staff Motion carried 4-1. (Commissioner Parker voted no.) RECESS 9:15 P.M. - 9:30 P.M. • Mr. Tom West expressed his gratitude for the Commission's vote. PROPOSED CLOSING OF A PORTION OF PALM DRIVE IN CONJUNCTION WITH CONSTRUCTION OF THE WESTERN BELTWAY. Planning Director Wagner presented the issue regarding the vacation of that portion of Palm Drive where the Western Beltway will cross; and related to that, the drafting of a reimbursement agreement with the Expressway Authority for the property generally known as Pine Street. In order to bring the new Commissioners up to date, Mr. Wagner put the proposed closing of a portion of Palm Drive in context with the larger issue of the City's overall transportation network, giving a summary of what has occurred as follows: On February 20, 1996, the City Commission voted 5-0 to support Staffs recommendation on several issues regarding the Western Beltway and its impact on the future local transportation network. At that meeting, several items were discussed, and Staff was directed to meet with the Expressway Authority to relay the City's position. Those items included: 1. The City's desire for an underpass on Roberson Road, west of Windermere Road. 2. The City's desire for an additional underpass on Marshall Farms/Tomyn Road. 3. The City's desire that a signalized intersection at S.R. 50 for the proposed frontage road running north from S.R. 50 to Silver Star Road be incorporated in the Beltway plans. 4. The City's desire to adjust a retention pond to accommodate that same frontage road. 5. The City's desire to incorporate the intersection of the frontage road at Silver Star Road. 6. The City's desire that the underpass at Palm Drive be deleted. 7. the City's desire that an underpass be added north of Palm Drive. Capital Projects/Concurrency Analyst Resnik presented the Staff Report and explained that the bridge over Pine Street was initially proposed by the City to coincide with the road plans outlined both in the City's Comprehensive Plan and on the City's Future Transportation Projects Map. The future roadway network in this area is proposed to include the extension of Wurst Road west from Lakewood Avenue to Ocoee-Apopka Road and then from Lakewood Avenue to East Crown Point Road. This roadway is planned as a collector facility which will carry a significant amount of the traffic created by the eventual growth in this area. As such, it is anticipated that significant portions of this road would be developer funded. The Pine Street bridge is a critical part of this road 5 i1 p ,,,.i Ocoee City Commission Regular Meeting J•J u U� April 1, 1997 network, ensuring that local east/west traffic movement is guaranteed in the future and not blocked with a two mile detour. Staff and the City's consultants believe this is the best alternative to ensure that future transportation needs are met. In order to ensure the least amount of inconvenience to the people living and working in this area, it would be desirable to make Pine Street a public access. Although the road appears to be widely used and a portion of it has been maintained by Orange County for many years, some of it is privately owned. The purchase of public right-of-way would guarantee access rights to all people who want to use the road. Although Pine Street would not be paved immediately, it could be placed on a maintenance schedule until that time. The purchase of this property is an important part of the issue of Palm Drive and the future transportation network because it addresses the immediate concerns of alternative access provisions as well as the long range concerns that the property will be available for future road improvements as the area develops. A formal agreement is needed between the City of Ocoee and the Authority to deal with the purchase of this property. The authority has agreed to purchase the remaining land to make this dirt road public, with the City to reimburse a portion of the costs at some time in the future. Staff recommended that the Mayor and City Commission direct Staff to: (1) initiate the vacation process for that portion of Palm Drive where .the Western Beltway will cross, (2) notify the Expressway Authority of this action and draft a proposed agreement with the Expressway Authority for the future reimbursement for right-of-way acquisition costs for the existing Pine Street, and (3) place the vacation resolution on a subsequent City Commission agenda together with the proposed reimbursement agreement. The public hearing was opened. Mr. Alfred Luck, 711 Pine Street, expressed concern about people speeding on Pine Street, and also, that there are no lights on Palm Drive. Mayor Vandergrift said that the City Manager would address the problem. Mr. Robert Morrison, 105 E. Robinson Street, Representing Britt Farming Company, proposed bridging both roads. Mr. Harold Switzer, 609 E. Lakeshore Drive, supported the closing of Palm Drive, as opening a bridge over the Western Beltway would provide the City with the east/west movement that it needs. Mr. Milton West, 3975 W. Ocoee/Apopka Road, spoke against closing Palm Drive because of the intensity of commercial development and he supported keeping both roads opened. Mr. Jack Gibson, 75 Sand Dollar Key, spoke in favor of bridging Palm Drive because of the problems that it would remedy. 6 I J 11 I'I Ocoee City Commission Regular Meeting - Liu r,�-� Li JI April 1, 1997 Mr. Frank McCort, 97 Sand Dollar Key, spoke against the closing of Palm Drive unless the City was willing to pave Pine Street. The public hearing was closed. City Attorney Rosenthal advised that this was not a meeting at which the Commission could legally make a decision to close Palm Drive, as this meeting was advertised in order to give direction to Staff. Capital Projects/Concurrency Analyst Resnik explained that she needed direction on whether to begin discussions on land acquisition. Commissioner Glass, seconded by Commissioner Parker, moved to (1) initiate the vacation process for that portion of Palm Drive where the Western Beltway will cross, (2) notify the Expressway Authority of this action and draft a proposed agreement with the Expressway Authority for the future reimbursement for right-of-way acquisition costs for the existing Pine Street, and (3) place the vacation resolution on a subsequent City Commission agenda together with the proposed reimbursement agreement. Motion carried 3-2. (Mayor Vandergrift and Commissioner Anderson voted no.) OTHER BUSINESS PURCHASE OF SENSUS METERS. Interim City Manager Shapiro presented the Staff Report and recommendation and explained that the Water Department had submitted a requisition for the acquisition of 360 meters which are produced by a company named Sensus Technologies, Inc. of Dallas, Texas, noting that it was possible to piggy-back on Fort Walton Beach's RFP #96-153 at$70.00 rather than pay the current price of$71.06. Commissioner Glass, seconded by Mayor Vandergrift, moved to authorize the purchase of 360 meters from Sensus Technologies, Inc. in the amount of $25,200.00 utilizing RFP # 96-153 from Fort Walton Beach, Florida. Motion carried 5-0. RESOLUTION No. 97-03 IN SUPPORT OF CITIZEN EFFORTS TO RESTORE EDUCATIONAL FUNDING THAT WAS WITHDRAWN AFTER PASSAGE OF THE FLORIDA LOTTERY. City Attorney Rosenthal read the title only of Resolution No. 97-03. Mayor Vandergrift explained that County Commissioner Clarence M. Hoenstine from District #4 was seeking support from political entities to ask our state representatives to restore Educational Funding that was withdrawn after passage of the Florida Lottery. Mayor Vandergrift, seconded by Commissioner Glass, moved to adopt Resolution 97- 03 in support of Citizen efforts to restore Educational Funding that was withdrawn after passage of the Florida Lottery. Motion carried 5-0. RECESS 11:07 p.m. - 11:13 p.m. 7 Ocoee City Commission Regular Meeting April 1, 1997 ARCHITECTURAL DESIGN SERVICES AGREEMENT WITH MR. SWICKERATH FOR LAKE FRONT BATHROOMS. Interim City Manager Shapiro presented the Staff Report, explaining that, since this issue was last discussed, there have been several discussions with the architect regarding his concerns over ADA requirements. The difference of opinion between the architect and our Building Official and City Engineer dealt with the ADA requirements and the span of those requirements due to the placement of this facility on the City Hall campus. An amended agreement has been worked out between the architect and the City that holds the architect harmless with regard to any ADA complaints regarding the design of the building, as Staff was sure that this building meets all the requirements necessary for this site. Staff recommended approval of the Architectural Design Services Agreement with Mr. Swickerath for lake front bathrooms. Commissioner Anderson, seconded by Commissioner Glass, moved to approve the Architectural Design Services Agreement with Mr. Swickerath for lake front bathrooms. Motion carried 5-0. CHANGE ORDER No. 2 WITH SOUTHLAND CONSTRUCTION COMPANY FOR THE KISSIMMEE AVENUE/STORY ROAD AND MARSHALL FARMS/MAGUIRE ROAD INTERSECTION IMPROVEMENT PROJECT. Assistant City Engineer Wheeler presented the Staff Report and explained that this change order request was initiated by City Staff to enhance the project, provide better water service, and provide for additional safety to the public during construction. The items included in this change order are: No. 2-A- Replace the blow-off air release valves with fire hydrants. No. 2-B- Install a water main along Geneva Street from the intersection to the Stout Ditch. No. 2-C- Addition of temporary curbing along Kissimmee Avenue. No. 2-D-Addition of two 45 degree bends on the water main on Maguire Road. The total cost for this change order is $22,650.22 with a time extension of seven days on the contract time. The dollars for this change order will come from the project's construction contingency. This change order amounts to approximately 1.95 percent of the original bid price of$1,163,718.10. The total cost for all change orders, to date, will transfer $31,446.62 from the construction contingency to Southland's contract. The $35,00 difference between the actual amount and the City's share is a reimbursement from Sprint Telephone Company. To date approximately 2.70 percent of the construction contingency has been committed to the project. Staff recommended that the City Commission approve Change Order No. 2 with Southland Construction, Inc. by 8 Ocoee City Commission Regular Meeting "Pj • April 1, 1997 increasing the contract amount by $22,650.22,with an extension in contract time of seven days, and authorize the Mayor and City Clerk to execute Change Order No. 2. Commissioner Anderson, seconded by Commissioner Glass, moved to approve Change Order No. 2 with Southland Construction, Inc. by increasing the contract amount by $22,650.22, with an extension in contract time of seven days, and authorize the Mayor and City Clerk to execute Change Order No. 2. Motion carried 5-0. CITY MANAGER CONTRACT. Mayor Vandergrift said that this matter had been held in abeyance until after the election and then he asked the Commissioners what they wished to do. Commissioner Anderson, seconded by Commissioner Howell, moved to keep Ellis Shapiro as City Manager. Motion lost 2-3. (Mayor Vandergrift, Commissioners Glass and Parker voted no.) Mr. Nick Pagano, 201 Olympus Drive, spoke in favor of keeping Mr. Shapiro as the City Manager and read a letter he had sent to Mayor Vandergrift. Mr. Bruce Beatty, 1327 Olympia Park Circle, praised Mr. Shapiro for the work that he has done for the City and spoke in favor of keeping him as manager until December 31, 1997. Former Mayor Lester Dabbs, 619 Caborca Court, spoke in favor of keeping Mr. Shapiro as City Manager for another two years. Former Commissioner Gleason, 856 Hammocks Drive, said that keeping Ellis Shapiro as City Manager would give Mayor Vandergrift the final piece of ammunition for a Strong Mayor Form of Government. Pastor Lester Weldon, City Chaplain, explained that he tries to abstain from politics and that he appreciated Mr. Shapiro, even though he did not always agree with him. Mrs. Ann Whittle, 715 E. Lakeshore Drive, recalled that Mr. Shapiro had announced at a meeting that he did not intend to renew his contract and she understood that that was why there was a search for a new City Manager. Following a discussion period during which each Commissioner expressed a position, Commissioner Anderson moved to keep Mr. Shapiro as City Manager until the Charter Review Commission determined whether to place the issue of a strong mayor form of government on a referendum. Motion died for lack of a second. Commissioner Anderson, seconded by Commissioner Glass, moved to retain the present City Manager in order to give the new Commissioners an opportunity to 9 Ocoee CityCommission Regular Meeting _J U u b g April 1, 1997 interview Mr. Broughton sometime within two weeks. Motion carried 4-0. (Mayor Vandergrift was not present.) Consensus was reached to schedule a workshop to brief the new Commissioners, either on Thursday, April 3 or Tuesday, April 8, depending on the date that Mr. Reynolds Allen could be available. CITY COMMISSION BOARD RESPONSIBILITIES. Commissioner Howell, seconded by Commissioner Anderson, moved to table this discussion until the next Commission meeting. Motion carried 4-0. (Mayor Vandergrift was not present.) STAFF REPORTS Interim City Manager Shapiro addressed the Commission about the mid-year budget. Mr. Shapiro said that he felt it was in great shape, but that he and Finance Director Horton needed direction from the Commission on whether to continue putting together a Comprehensive Mid-Year Plan or to just let the budget stay where it is and balance it. After brief discussion, Commission reached consensus to move on and put together a Comprehensive Mid-Year Plan. COMMENTS FROM COMMISSIONERS Commissioner Anderson: 1) Thanked Martha Lopez-Anderson for putting together an excellent flyer about the Charter Review Commission for mail out. 2) Expressed concern about the trees being cut down in the Spring Lake Subdivision. City Manager Shapiro explained that this project was working with plans from 1986/87 and was governed by those laws. They had agreed to replace many more trees than would normally have been required under our Arbor ordinance. Mayor Vandergrift suggested including a hold harmless clause in future agreements. Mr. Rosenthal said the Code currently includes a provision that subdivision plans expire in one year. In this particular case the City Commission had granted extensions. It is already the prerogative of the City Commission simply not to grant extensions. Mr. Rosenthal advised that the Land Development Code could be changed to include requirements suggested by the Mayor as the City does not have agreements with every developer. 3) Reported a loaded dump truck moving too fast to be able to stop at the Bluford/Silver Star intersection. Asked if the City could pass an ordinance to restrict heavier vehicles to a lower speed limit. Mr. Shapiro said the classification of the road would determine the City's rights under the uniform traffic, and that staff would look into to it to see if anything could be done. 4) Will bring up status on the air conditioning and siding at the next meeting. 5) Asked who designed the new police logo. Mr. Shapiro said it had been done by members of the police department. 6) Apologized to the Mayor for using the word"ammunition" earlier in the meeting. 10 - 7 JI LII JOcoee CityCommission Regular Meeting April 1, 1997 Commissioner Glass: 1) Said it had been reported to him that the alley behind the church on Floral was gathering debris and asked that it be cleaned up. 2) Expressed thanks for the newly added wall clock in the Chambers. Commissioner Parker: 1) Mentioned that the extension of Clarke road was waiting on inspection being accepted and asked about the timing on it. Mr. Shapiro said it should be taken care of in the next two weeks. 2) Asked about the timing on the end of Sawmill Boulevard and if there had been any discussions with developers. Mr. Shapiro said he could not give an answer, but would ask Director of Planning Wagner to report back on it. Commissioner Howell: 1) Asked the status of the Ursula Walker water problem on Lady Avenue. Mr. Shapiro said he would provide a report on it. 2) Announced the RSVP line phone number 656-2218. Mayor Vandergrift: 1) Asked that parking on the sidewalks in the vicinity of 1804 Adair Street would be checked out with the police department. 2) Said the Districting Committee should begin its meetings, possibly considering both five and four districts. 3) Should be considering Christmas decorations for the City now. 4) Would like to see a memo on the update of the gas tax, possibly weekly. Mr. _Shapiro said the City has been officially advised by Jack Douglas that, based upon our last position, that we are now the sole voice against it. Will contact Jean Bennett about when the issue will be considered by County Commission. 5) Had attended a portion of a Winter Garden City Commission meeting and noticed pictures of past Commissioners on the walls of the Commission Chambers and would like to see the same thing in Ocoee's Commission Chambers. ADJOURNMENT The meeting adjourned at 12:35 a.m. Attest: APPROVED: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 11