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HomeMy WebLinkAboutIII (A) Approval and Acceptance of Minutes of City Commission Regular Meeting of December 19, 2000 Agenda 01-02-2001 Item III A MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD DECEMBER 19, 2000 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Commissioner Parker led in prayer and Mrs. Frances Watts led in the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton, City Engineer/Utilities Director Shira, Code Enforcement Supervisor Simon, Community Relations/Projects Director Shira, Information Systems Manager Ross, Planning Director Wagner, Principal 'Transportation Planner Friel, and Public Works Director Smith. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Appreciation to POWR Float Volunteers. (Community Relations/Projects Director Shira) Community Relations/Projects Director Shira expressed appreciation to the Utility Department Staff volunteers who had formed a committee to prepare and present a float in the Christmas Parade. She displayed a Power Point presentation showing the float under construction and getting ready for the parade, and then placed the trophies won by the float in the parades -2nd place from the City of Winter Garden and 3rd place from the City of Ocoee - on display in the Chambers. As Mrs. Shira read the names of the committee members, the Mayor and Commissioners presented certificates of appreciation to those members present. St. Johns River Water Management District Presentation of Funds to City of Ocoee for the POWR Program - Katherine Pordeli, Water Conservation Project Manager Mr. Don Brandes represented Ms. Pordeli, who was unable to he present. Mr. Brandes said that Ocoee's POWR Program is shaping up to he a model for other communities and he presented a grant check in the amount of$7,500 to pay for one-half of the expenses to develop the POWR campaign. He said they are committed to $2,500 more, and they will also assist in making the Xeriscape landscape demonstration in front of City Hall through their SJR Xeriscape Landscape Demonstration cost sharing program. Non-Agenda Item Mr. Edward Campanero, on behalf of the Reflections Home Owners Association, presented a picture of their group in front of a recent project to Commissioner Parker and thanked her for all her help through the years. Commissioner Parker expressed her appreciation for this particular HOA for their active support and work in the community. CONSENT AGENDA The consent agenda consisted of items A, B, and C. City Manager Shapiro pulled item C, Plat for Windsor Landing Subdivision, from the agenda, as it was not yet ready to be considered. He asked that item D, Temporary Closing of a Public Street, Lumberjack Lane, Ocoee City Commission Regular Meeting December 19, 2000 Sawmill Subdivision, be added as an emergency item as the application came in after the agenda for this meeting was prepared and the request was for a closing for a New Year's Eve block party. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of December 5, 2000, and Commissioners Anderson/Howell Meeting of December 8, 2000. (City Clerk Grafton) B. Approval and Authorization to Waive Fees for First Spanish Christian Church. (Senior Planner McGinnis) • The First Spanish Church of Winter Garden intends to file an application for a Special Exception to permit the church to be located in a C-2, Neighborhood Commercial Zoning District and has requested waiver of the required $750 fee and other related fees. The subject property is located at 325 Ocoee-Apopka Road. In the past, the City Commission has granted fee waivers for annexations, rezonings and special exceptions which were initiated by church sponsors. Emergency Item D. Approval and Authorization for Temporary Closing of A Public Street Lumberjack Lane, Sawmill Subdivision. (Building and Zoning Official Velic) • This request to close Lumberjack Lane from 5 p.m. on December 31, 2000, until 1 a.m. on January 1, 2001, for a New Year's Eve block party was presented by Mr. Rick Hill of Sawmill Subdivision. Staff recommends approval subject to the following requirements: (I) All residents that will be affected by the blockage must be notified in advance; (2) Health Central Ambulance must be notified of the road closure in advance; (3) Roads must be blocked with proper barricades; and (4) An emergency lane must be maintained during the event. Pulled for consideration at a later date: C. Approval and Authorization for Mayor and City Clerk to Execute Windsor Landings Subdivision (Ica Ocoee Crossings) Final Plat. (Engineer I Gavrilovic) • Windsor Landing Subdivision is a 214 lot single family subdivision located on the east side of Maguire Road, northwest of Parkridge-Gotha Road. All required documentation pertaining to the platting of this subdivision has been received and approved. Ma or Vandererift, seconded by Commissioner Parker, moved to approve items A, B, and D of the consent agenda. Motion carried 4-0. Commissioner Howell was away from the dais. Page 2 of 10 Ocoee City Commission Regular Meeting December 19, 2000 COMMENTS FROM CITIZENS/PUBLIC Former Mayor Tom !son, 6 Delaware Street, expressed his appreciation for the contribution Mr. Shapiro has made for the growth and well-being of the City of Ocoee and also asked that consideration be given to naming the intersection of Florida's Turnpike, East-West Expressway, Western Beltway, and State Road 50 "Veteran's Interchange." Reverend Ricardo Orsini thanked the Commission for waiving the processing fees for his church. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Mayor Vandergrift announced that funds to help upgrade the trees at Ocoee Middle School must he in by January 31, 2001. PUBLIC HEARINGS Health Central Hospital, Parking Lot Expansion and SR 50 Access - Preliminary/Final Site Plan, Project No. LS-99-008. (Planning Director Wagner) Planning Director Wagner presented the staff report, advising the employee parking lot expansion for Health Central is a proposed 427-space addition to the existing parking facility of 754 spaces. The property is zoned C-2 and PS, Community Commercial and Professional Service/Office District. The property is adjoined by Old Winter Garden Road on the south and State Road 50 on the north. To the west is the proposed Super Walmart site located on the other side of Blackwood Avenue. The area of the parking expansion and new entry roadway is east of the existing hospital site. The subject property is located within the Ocoee State Road 50 Activity Center. As a result, the project is required to conform to the Special Development Plan and Private Area Special Regulations that are incorporated within the Activity Center. Mr. Wagner advised most of the Development Review Committee's concerns had been addressed and resolved prior to the Planning and Zoning Commission's review of the plans. The plan currently shows 3:1 side slopes with swale drainage along a portion of State Road 50, which would not facilitate an urban roadway section design or a future sidewalk. In order to clarify that an urban section and sidewalk is built in the future, a note has been added to the plan to reflect this. Mr. Wagner advised further the Planning and Zoning Commission had held a public hearing and recommended approval with the stipulation that tree preservation efforts on the site should be inspected and enforced prior to construction and subject to the note being added to the plan as follows: "Enclosed drainage and a sidewalk will he provided along the S.R. 50 frontage to maintain an urban roadway cross-section east of the new entrance as part of the design of the abutting development site." The public hearing was opened and, as no one wished to speak, was closed. Page 3 of 10 Ocoee City Commission Regular Meeting December 19, 2000 In response to Commissioner Anderson's question regarding what would be done to increase security as the parking area is enlarged, Richard Irwin, President of Health Central, said they were putting in a guard shack and employees would have to use identification cards to access the lots. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the Preliminary and Final Site Plan for the Health Central ParkingLot Expansion and State Road 50 entrance, subject to the Division Avenue right-of-way vacation being approved, and subject to a note being added to the plan as follows: "Enclosed drainage and a sidewalk will he provided along the S.R. 50 frontage to maintain an urban roadway cross-section east of the new entrance as part of the design of the abutting development site." Motion carried 4-0. Commissioner Howell was away from the dais. Resolution No. 2000-17, Vacating a Portion of Division Avenue Right-of-Way, Case No. VAC-00-004. (Principal Transportation Planner Friel) Principal Transportation Planner Friel gave the staff report, advising Health Central had requested the vacation of a portion of a 60 foot wide, unused, unimproved road right-of-way that is bounded by the applicant's property to the north, east and west. Mr. Friel said notices were mailed to all utility providers and there were no objections to the proposed vacation provided a utility casement is provided for Florida Power Corporation. The property owners within 300 feet of the road right-of-way were mailed a notification of this public hearing and an advertisement appeared in the Orlando Sentinel. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Parker, seconded by Commissioner Anderson, moved to approve and adopt Resolution No. 2000-17, vacating a 60 foot wide unimproved public right-of-way known as Division Avenue, located west of Lot 1 Westover Farms and cast of Lot 7 Westover Farms as recorded in Plat Book 0, Page 120 of the Public Records of Orange County, Florida, subject to the reservation of a public utility easement over the vacated roadway. Motion carried 5-0. Variance Request: Strosnider II, 2420 Liela Lee Court: Case No. 07VR-2000. (Zoning Coordinator Harper) Zoning Coordinator Harper gave the staff report, advising the applicant has two unpermitted accessory structures within the 7.5 foot rear setback, and requests they be allowed to remain. The two structures are a 12 foot x 16 foot enclosed shed situated 39 inches from the rear property line and a 3 foot x 6 foot equipment lean-to situated immediately adjacent to the rear property line. The applicant built both structures over a period of time without first obtaining a building permit, thus no structural, electrical, or mechanical inspections have been made. Mr. Harper said both the Board of Adjustment and Staff recommend denial of the request to Page 4 of 10 Ocoee City Commission Regular Meeting December 19, 2000 allow the structures to remain, as the structures are in violation of the City Code. lie added that several of Mr. Strosnider's neighbors had been cited as well and they were willing to move their structures forward in order to comply. Mr. Ronnie Strosnider II, the applicant, asked for a favorable response from Commission, as there was no place else in the yard to put the structures. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Parker said she has lived this personally, spending $1,000 to put a shed 7 '/x feet from the property line and create 7 'h feet of unusable space. She said there was a definite need to review the ordinance. Later in the meeting, Commissioner Parker. seconded by Commissioner Anderson, moved to direct staff to see what other communities do regarding sheds and set backs. Motion carried 5-0. Commissioner Parker, seconded by Commissioner Howell, moved to grant the variance rcquest made by Ronnie Strosnider in Case No. 07VR-2000:Strosnider IL 2420 Liela Lee Court. Motion carried 4-1 with Mayor Vandergrift voting no. OTHER BUSINESS First Reading of Ordinances. Second Readings and Public Hearings Scheduled for January 2, 2001 at 7:15 p.m. City Attorney Rosenthal read the titles only for the first reading of the following three ordinances. There was no discussion. Mayor Vandergrift announced the time and place for the second readings and public hearings as noted above. Ordinance No. 2001-01, West Oaks Square, Land Use Plan Amendment, Project No. LS-98-005A. (Planning Director Wagner) Ordinance No. 2001-02, Amendments to Chapter 7 of the Ocoee Code of Ordinances (Code Enforcement) Based on Recent Legislation Changes. (Assistant City Attorney Cookson/Code Enforcement Supervisor Simon) Ordinance No. 2001-03, Amendments to Chapter 43 of the Ocoee Code of Ordinances (Animals). (Assistant City Attorney Cookson/Code Enforcement Supervisor Simon) Resolution No. 2000-18, Relating to the Acquisition by Eminent Domain of Property Located Generally along the West Side of Bluford Avenue between Orlando Avenue and Columbus Street. (Assistant City Attorney Doty) Assistant City Attorney Doty gave the staff report, noting she had been directed by this Commission in July to pursue acquisition of the Cortez and Barley parcels necessary for the Page 5 of 10 Ocoee City Commission Regular Meeting December 19, 2000 relocation of the existing Fire Station One to the Bluford Avenue location. She reported since that time updated appraisal reports on the two properties had been obtained and written offers were sent to the owners. To date (well past the required 30 days) no response has been received from the owners, making it necessary to file an eminent domain petition. Ms. Doty asked for approval of proposed Resolution No. 2000-18 which authorizes the filing of a condemnation action. Commissioner Parker seconded by Commissioner Johnson, moved to (1) adopt Resolution No. 2000-18, which authorizes the filing of a condemnation action, (2) authorize the Mayor and City Clerk to execute the Resolution, and (3) further authorize the City Attorney to file the necessary condemnation action and proceed to acquire the properties by a quick-take proceeding. Motion carried 4-1 with Commissioner Anderson voting no. Approval of Wal-Mart Supercenter, Lot 1 Final Site Plan and Final Subdivision Plan, Project Nos. LS-97-008 and LS-07-009. (Planning Director Wagner) Planning Director Wagner gave the staff report, noting the proposed Wal-Mart Supercenter is to be developed on a 35.9 acre tract located at the southwest corner of State Road 50 and Blackwood Avenue. The parcel, zoned C-2, Community Commercial District, is accessible on the south from Old Winter Garden Road. It is also bound on three sides by other commercial uses; i.e., Ocoee Commerce Center to the west, Lake Bennet Centre to the north and Health Central Hospital to the east. The development is within the State Road 50 Activity Center and is subject to the upgraded standards of the Commercial and Industrial development regulations. The development for the Wal-Mart Supercenter involves (1) construction of the 213,611 s.f. Supercenter building itself with associated site improvements including an integrated Tire Lube Express facility, and (2) development of five outparcel lots, three facing State Road 50 and two fronting Blackwood Avenue. Uses for the two outparcels on Blackwood Avenue have been voluntarily limited to professional offices. All other outparcels are permitted from C-2 uses except that car lots, boat lots and pawn shops have been voluntarily restricted. Lot 4 has been further restricted by Wal-Mart from development of automobile service stations or convenience stores with gas sales. The Development Review Committee recommended approval of the Lot 1 Final Site Plan and Final Subdivision Plan for the Super Wal-Mart Site, subject to the items listed in the DRC staff memoranda being provided and/or added to the Plans prior to the pre-construction conference. subject to Staff administrative approval. Those items relate to various stormwater management details, timing of traffic signals, conveyance of right-of-way for transportation improvements, and provisions related to the water feature ponds and fountains. The Planning and Zoning Commission recommended approval with the same stipulations. Mr. Wagner advised those are small changes and can be made subsequent to this Commission's approval. Hal Kantor, representing Wal-Mart Supercenter, said he agrees with staff recommendation. Page 6 of 10 Ocoee City Commission Regular Meeting December 19, 2000 Commissioner Howell, seconded by Commissioner Parker, moved to approve the Lot 1 Final Site Plan and Final Subdivision Plan for the Super Wal-Mart Site plans date-stamped by the City on December 7, 2000, subject to the attached DRC staff memoranda items being provided and/or added to the Plans prior to the pre-construction conference, said changes and conditions being subject to Staff administrative review subsequent to City Commission action. Motion carried 4-0. Commissioner Johnson was away from the dais. Discussion re City Manager Contract. (Commissioner Johnson) City Manager Shapiro advised he felt it was time for him to retire effective December 28, 2000, and he expressed appreciation for the friendships he has made. He called attention to a consultant contract he had asked City Attorney Rosenthal to prepare and asked that it be given consideration at this time. Commissioner Anderson, seconded by Commissioner Parker, moved to (I) approve Mr. Shapiro's Retirement Agreement and Consulting Agreement, (2) authorize execution thereof by the Mayor and City Clerk, and (3) authorize funding from the appropriate department's budget. Motion carried 5-0. Discussion ensued regarding the appointment of an Acting City Manager and the need for a work session to discuss advertising procedures and Commissioner Anderson stressed the need to give staff direction to get the ads going. Mayor Vandergrift, seconded by Commissioner Anderson. moved to appoint City Engineer Jim Shira Acting City Manager effective December 29. 2000, through January 3, 2001, or until such earlier time as this Commission appoints someone else. Motion carried 5-0. RECESS 8:37 P.M. - 8:57 P.M. Approval and Authorization to Use $7,000 from Contingency Fund for Interactive Voice Response Software from Chrysalis. (Information Systems Manager Ross) Information Systems Manager Ross gave the staff report, advising the City's Request for Proposal #99-002 for a City-wide Telecommunications System included an Interactive Voice Response (IVR). However, the IVR was not provided in its entirety by Sprint, who provided only the hardware, and software is needed to make the system functional. Sprint offered to have Chrysalis provide the software for an additional cost of development in the amount of $37,000. Mr. Ross requested a transfer of$7,000 from contingency to add to $30,000 in his budget to make up the funds. Page 7 of 10 Ocoee City Commission Regular Meeting December 19, 2000 Mayor Vandergrift, seconded by Commissioner Howell, moved to authorize the transfer of $7,000 from contingency to acquire IVR software from Chrysalis as requested. Motion carried 4-0. Commissioner Johnson was away from the dais. Approval and Authorization for Mayor and City Clerk to Execute Necessary Documents to Purchase Vactor Truck. (Public Works Director Smith) Public Works Director Smith gave the staff report, advising funds had been authorized in the 2000/01 CIP Budget for the lease/purchase of a jet vacuum truck for the Public Works Stormwater division. There were three quotes presented and after a thorough analysis of the three major vendor's trucks, his staff recommended the Vactor at a price of $189,545 which is available by piggybacking on Metro-Dade County hid Y5668-4/02. Mayor Vanderarift, seconded b Commissioner Parker, moved to authorize proceeding with the lease/purchase of the Vactor jet vacuum truck for $189,545 from funds allocated in 103- 538-20-6401, as requested. Motion carried 5-0. Approval and Authorization for Mayor and City Clerk to Execute Necessary Documents for the Purchase and Sale Agreement re Professional Parkway between City of Ocoee and Heller Bros. (City Engineer/Utilities Director Shira) City Engineer/Utilities Director Shira gave the staff report, advising this Agreement covers several parcels of land owned by Heller and required for various purposes by the City for the construction of the Professional Parkway widening project. He explained there are various parcels to be conveyed to the City and the legal descriptions and exact dimensions for the Slope and Water & Sewer Easements will be developed as roadway design progresses. The Agreement establishes a total purchase price for the needed right-of-way of$199,163.81, based on a total right-of-way area of 88,150.6 square feet and Mr. Shira advised this figure may increase or decrease slightly which would result in a corresponding increase or decrease in the total right-of-way cost. Commissioner Howell, seconded by Commissioner Anderson, moved to authorize the Mayor and City Clerk to execute the Purchase and Sale Agreement with Heller Bros. Groves and further authorize the Mayor and City Clerk to execute such additional documents as are necessary to close the transaction. Motion carried 5-0. Discussion re Requesting Haskell to Represent the City Before Orange County School Board on an Hourly Basis. (Commissioner Anderson/Commissioner Parker) Commissioner Parker clarified her remarks made at the December 8, 2000, meeting, saying her question was whether this Commission wished "to have Haskell present with us" when meeting with the Orange County School Board, not "to have Haskell represent us." She said Page 8 of 10 Ocoee City Commission Regular Meeting December 19, 2000 she was interested in having them there on an hourly basis. City Manager Shapiro advised there was a concern about the January 1 deadline for the appeal of a charter review, and the deferral of a charter is the same as a denial legally. He added that Haskell probably needs to work with staff and the attorney to put together an appeal to have in place to protect the City's interest in case a decision in favor cannot be reached. He recommended having Mr. Rosenthal contact Mrs. Miller to determine an hourly rate to be there, and he added that Bond Counsel will be present as well. Mayor Vandergrift read a letter from Mr. Kruppenbachcr requesting public records regarding the charter school issue and gave it to City Clerk Grafton to provide. He then read a letter from Mrs. Stacy Miller reinforcing Mr. Shapiro's remarks regarding the need to prepare promptly for appeal. Mayor Vandergrift, seconded by Commissioner Anderson. moved to authorize and direct the appeal of the Oran County School Board deferral or refusal to act on and •rant the City of Ocoee charter school application, and authorize City Manager Shapiro to take such action necessary in order for that appeal to be filed, including the retaining of Haskell Educational Consulting Services as a consultant on an hourly basis for that purpose for an amount not to exceed $2,000. Motion carried 5-0. Commissioner Anderson asked about getting the information about their discussions regarding charter schools from the School Board, and City Manager Shapiro directed Mr. Rosenthal to request the information and have it sent to City Clerk Grafton to distribute. City Attorney Rosenthal raised the question of whether Haskell had been authorized to attend the meeting on January 3 and Mr. Shapiro said the intent was to include them and they had been contacted by him already. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Parker made the motion at this point which was recorded in the discussion regarding the Strosnider request for a variance on sheds. Commissioner Johnson: 1) Advised that some of the Christmas lights are out. City Manager Shapiro advised the Florida Power and City crews would he working on them. Page 9 of 10 Ocoee City Commission Regular Meeting December 19, 2000 2) Said although he has enjoyed having Mr. Shapiro as City Manager, he has not shared a friendship relationship with Mr. Shapiro since he has been here, but he welcomed the thought that they could now be friends. Commissioner Anderson No comment at this time Commissioner Howell No comment at this time Mayor Vandergrift: I) Thanked Fire Department for hat and card as all elected officials put their hats on. 2) Proposed that the policy for holiday pay for shift-work employees be changed (in the case of holidays that are celebrated on the day before or after the calendar holiday) so that those who work on the actual holidays be paid overtime pay. This prompted a lengthy discussion and Commissioner Anderson asked that staff review the City's policy, compare it with other cities' policies and take it to the Employee Committee. Mr. Shapiro suggested directing staff to give a full report and make a decision at the next meeting (January 2) whether to pay retroactively. Without objection, Mayor Vandergrift so directed. ADJOURNMENT The meeting adjourned at 9:45 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 10 of 10