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HomeMy WebLinkAboutIII (A) Approval and Acceptance of Minutes of City Commission Regular Meeting of March 4, 2003 and Canvassing Board Meeting of March 12, 2003 DF u Agenda 3-18-2003 Item III A MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD MARCH 4, 2003 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers. Pastor J. Geron Rogers, Ocoee Church of the Nazarene, led in prayer and Frances Watts led the Pledge of Allegiance to the Flag. Taylor Elliott, 7th Grader at Circle Christian School, sang the National Anthem. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Assistant City Attorney Doty, Assistant to the City Manager Shira, City Clerk Grafton, Community Development Director Wagner, Fire Chief Strosnider, Assistant Fire Chief Firstner, Support Division Chief O'Neil, Parks/Recreation Director Farmer, Planning Manager Lewis, Police Chief Goclon, and Sergeant McCosker. ABSENT: None PRESENTATIONS AND PROCLAMATIONS MVP Awards—Approval of Agreement and Presentation of Checks Assistant to the City Manager Shira advised three of the nine applications approved by this Commission for MVP grants have been deemed to be complete and she invited representatives of those homeowner associations to come forward and receive their checks. 1. Lake Olympia Club—not present 2. Admiral Pointe 3. Sleepy Harbour Homeowner Association Communicator Awards to Police, Fire and Communications Staff, and special acknowledgement of Bill Suchy for winning the video awards. Mrs. Shira explained this award is an annual international awards program founded by communications professionals to recognize excellence in the communications field. This award of excellence was won for the video for public safety produced last year through the efforts of Bill Suchy, TV Station Manager, and she presented the award to him. Mr. Suchy recognized his ()cry team, Ken Goldberg, Tim Blazezyk, Jerry Freeman, Ray Clips, Michael Sythe, and student interns Christian Blom, Melissa Cooper, Charlene Colon and Christine Skosky. He introduced and also presented awards to his co-producers on the award winning videos: Police Chief Goclon, Fire Support Division O'Neil, and Chief Communications Supervisor Simanski. Mayor Vandergrift read a proclamation proclaiming March 2003 to be American Red Cross month in the City of Ocoee. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Anderson, seconded by Commissioner.Johnson moved to approve the consent agenda as presented. Motion carried 5-0. Ocoee City Commission Regular Meeting J1 n k u ir March 4,2003 A. Approval and Acceptance of Minutes of City Commission Regular Meeting of February 18,2003. (City Clerk Grafton) B. Approval of Proposal for Bidding and Construction Phase Services for the Old Winter Garden Road Project with Professional Engineering Consultants, Inc., and Authorization for Mayor and City Clerk to Execute Addendum No. 03-01 in the Amount of$431,472.00. (Public Works Director Wheeler) Addendum No. 03-01 to the Agreement for Consulting Engineering Services between the City of Ocoee and Professional Engineering Consultants, Inc. covers bidding and construction phase services for the Old Winter Garden Road Project. The components of the Addendum and the services covered arc enumerated in the staff report. Staff recommends authorization of the Addendum for the amount stated above in accordance with PEC's proposal dated February 27, 2003. C. Approval and Authorization for Purchase of New Air Conditioning Unit at the Wastewater Treatment Plant. (Public Works Director Wheeler) The existing 2-ton air conditioning unit, which is pan of a"split system," malfunctioned and needed to be repaired.The unit could not be restored to working condition and, in order to not overload the primary unit in the FIVAC system, must be replaced. Three quotes were obtained for this replacement. Staff recommends purchasing from Apple Air Conditioning at a cost of $2,981.00 a new 2-ton air conditioning unit with a 10kw heat strip. This cost covers the removal and disposal of the existing unit and installation of the new unit. Staff requests authorization to transfer funds from the Wastewater Operating account to Wastewater CIP account to cover this purchase and installation. COMMENTS FROM CITIZENS/PUBLIC Frances Watts reported on the Sadie Hawkins Day dance, thanked Mayor Vandergrift for renewing the vows of several couples that day, and encouraged people to buy breast cancer stamps. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced the Relay for Life begins at 6:00 p.m. Friday at West Orange high School and the Woman's Club of Ocoee's annual corned beef and cabbage dinner will be held Friday, March 14, from 11:00 a.m. to 7:00 p.m. for$7.00. Mayor Vandergrift read an invitation from Leibowitz and Associates to their annual Cable and Telecommunication Law Seminar to be held Thursday, March 13 at the Renaissance Orlando Hotel in Orlando. City Manager Gleason advised that Janet Shira would be attending for the City. PUBLIC HEARINGS Second Readings of Ordinances Page 2 of 8 Ocoee City Commission Regular Meeting nA(F7' March 4,2003 Ordinance No. 2003-09, MultiFamily Development Standards, Amendment to the Land Development Code. (Community Development Director Wagner) Upon adoption, this Ordinance creates a new Section 6-15 in the Land Development Code. These standards will apply to all multi-family development in all zoning districts, including areas with PUD zoning. City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner said the staff report was given at the first reading of the Ordinance and the direction given to staff at that meeting was to add language regarding two additional issues: prohibiting short term rentals and the use of garages within multi-family developments. Those issues became Sections 15 and 16 on page 4 of the Ordinance. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell, seconded b Commissioner Parker moved to adoot Ordinance No. 2003-09 aonrovin_ the proposed amendment to the Land Development Code establishing Multi- family Development standards Motion carried ed 5-0. Ordinance No. 2003-10,Ocoee Church of the Nazarene, Project No. LS-99-015, PUD Zoning/PUD Land Use Plan. (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner gave the staff report. The site includes about 4.7 acres and is located on the east side of Clarke Road, about half way between Silver Star Road and White Road. "Ihe site will ultimately include a worship center, a family life center, religious education and child day care. The Church anticipates building its facilities in three phases and the Applicant has requested one waiver involving the 50 foot building setback along the southern property line. The Applicant believes that a 25 foot setback along the southern property line is justified because the entire southern boundary is adjacent to a retention pond rather than residential homes, and it allows more flexibility to provide landscaped open space in the interior of the site. Staff supports this request and recommends approval. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson second b Commissioner Parker, moved to adopt Ordinance No, 2003-10 approving PUD Zoning and the PUD Land Use Plan for the Ocoee Church of the Nazarene including the proposed waiver of a 25 foot setback along the southern nrooert line as date stamped received b the Cit on February 6 2003 subject to the execution of the Development Agreement Motion carried. Commissioner Howell was away from the dais. Development Agreement(not a public hearing) Commissioner Anderson, seconded by Commissioner Parker,moved to appLgvC lbc Development Agreement with the Ocoee Church of the Nazarene as presented and authorize the Mayor and City Clerk to execute. Motion carried 4-0. Commissioner Howell was away from the dais. Page 3 of 8 DRAFT Ocoee City Commission Regular Meeting March 4,2003 THIS ITEM WAS TAKEN OUT OF AGENDA ORDER. Glad Tidings Church Property located at 1701 Adair Street: Discussion Regarding Acquisition. (City Manager Gleason and Parks/Recreation Director Farmer) City Manager Gleason reported, in response to Commission direction, that staff had evaluated the benefit of the property and building to the city's recreation department and found both could benefit the department, and since the land and buildings were already located next to Sorenson field, there would be minimal impact to the area residents. The appraisal acquired valued the property at$425,000 versus the church's appraisal of$432,000. Commissioner Anderson seconded by Commissioner Johnson, moved to direct staff to meet with re fir- --ntatives of the Glad Tidings Church to negotiate a purchase agreement to briny back to.the City Commission. Motion carried 5-0. Commissioner Howell stated for the record he was a member of this church, but that he had been advised by counsel there was no conflict of interest. THIS ITEM WAS TAKEN OUT OF AGENDA ORDER. Approval of Purchase Contract with Joanne Poer(Crown Point). (City Attorney Rosenthal and Community Development Director Wagner) Community Development Director Wagner advised Joanne M. Poer owns approximately 34.6 acres of land which is adjacent to the City's proposed Crown Point PUD. This land consists of uplands and wetlands and is believed to be suitable for residential development and incorporation into the residential portion of the Crown Point PUD. He added that Staff recommends approval of this purchase. Commissioner Anderson. seconded bv_Commissioner Johmon,_moxed to npprovcshe Agreement for Sale and Purchase between Joanne M. Poer and the City of Ocoee and authorize execution thereof by the Mayor and City Clerk and further authorize the City stall'to pursue all necessary due diligence investi ations with respect to the real property and provide a report back to the City Commission prior to the expiration of the Inspection Period under the terms of the Contract with funding for the foregoing corning from the Coke property loan. Motion carried 4- 0. Commissioner Howell was away from the dais. Professional Parkway/Old Winter Garden Road Widening Project. (Assistant City Attorney Doty) Resolution No. 2003-08, Acquisition by Eminent Domain of Parcels 113, 711 (Bruce), 115 (Potter), 122, 123, and 124 (Bowers). City Attorney Rosenthal read the title only of the Resolution. Assistant City Attorney Doty advised she believes she can negotiate an acquisition from the Bruces within the next two weeks, but requested authorization to proceed with acquisition by eminent domain with these parcels (which are 100% in the County)just in case. Mayor Vandergrift, seconded by Commissioner Anderson, moved to adopt Resolution No. 2003-08 authorizing execution thereof b the Mayor an _ ityClerk and further authorizing all necessary actions in order toproeecd to acquire the property by quick take proceeding. Motion carried 3-0. Commissioners Howell and Johnson were away from the dais. Page 4 of 8 Ocoee City Commission Regular Meeting DRAFT March 4,2003 Resolution No.2003-09,Acquisition by Eminent Domain of Parcels 112, 713, 114, 117, 118, 119, and 121 (West Orange Healthcare District). City Attorney Rosenthal read the title only of the Resolution. Assistant City Attorney Doty said this is still under negotiation and she hopes to resolve this short of eminent domain and should know within a couple of weeks. These parcels are 100% in the County. Ma -or Vandergrift seconded by Commissioner Parker moved to adopt Resolution No, 2003- 09 authorizing execution thereof by the Mayor and City Clerk and further authorizing all necessary actions in order to proceed to acquire the property by quick take proceeding. Motion carried 3-0. Commissioners Howell and Johnson were away from the dais. Resolution No. 2003-10, Acquisition by Eminent Domain of Parcels 602 and 706 (1555 Boren, LLC). City Attorney Rosenthal read the title only of the Resolution. Assistant City Attorney Doty advised these parcels are in the City/County split portion of the acquisition and she believed she had reached an agreement with the property owners this afternoon for acquisition at the appraised value with a small payment for attorney's fees and appraisal costs, but she needed the Resolution just in case. Mayor Vandergrift seconded b Commissioner Anderson moved to adopt Resolution No. 2003-10. authorizinesxgcution thereof by the Mayor and City Clerk and further authorizing all necessary_actions in order to proceed to acquire{he_properly by quick lake_proceeding. Motion carried 4-0. Commissioner Johnson was away from the dais. OTHER BUSINESS First Readings of Ordinances (Community Development Director Wagner) Kent Property —AR-02-07-01 Ordinance No. 2003-11, Annexation Ordinance No. 2003-12, Initial Zoning Ocoee Commons PUD —AP-02-02-01 Ordinance No. 2003-13—Annexation Ordinance No. 2003-14—Initial Zoning City Attorney Rosenthal read the titles only of each of the above ordinances in order. As Mayor Vandergrift was away from the dais, Mayor pro tem Anderson announced the second reading and public hearings of these ordinances would be held March 18, 2003, after 7:15 p.m. As there were citizens present who wished to speak regarding the above items, City Attorney Rosenthal advised their comments could be made at this time and brought forward to the public hearing March 18 to be a part of that record. Sean Scott, 648 Butterfly Creek Drive, spoke for the Shoal Creek Homeowners Association, and voiced their objection to having their area open to vehicular traffic. Page 5 of 8 Ocoee City Commission Regular Meeting March 4,2003 Don Newhauser, 864 Hammocks Drive, spoke for the Hammocks Homeowners Association, and stated they were opposed to the planned proposed extension of Blue Spruce Road through the Hammocks Subdivision. Mayor pro tem Anderson read an e-mail from Catherine Carpenter from the Hammocks expressing the same opinion and also concerning sidewalks, but he did not specify what that concern was. City Manager Gleason said there was a form being distributed by the HOA to the Hammocks residents for their opinions which would be assembled by the HOA and probably available by March 18. Towne Square Shopping Center (Chef Depot)—SS-2003-004, Development Agreement. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, advising the location is at the northwest corner of SR 50 and Maguire Road and specifically the space formerly occupied by Wal-Mart before the Wal-Mart Supercenter was built. Chef Depot, specializing in sales of commercial and residential kitchen equipment and supplies, is the new tenant, and the shopping center owner, in connection with the internal building improvements, intends to make site improvements to the parking lot and common areas surrounding the Chef Depot store as well. Mr. Frank Cannon, owner, addressed Commission about his plans. Commissioner Howell, seconded b Commissioner Johnson, moved to aoorove the Towne Square ShonpmLCenter Development Agreement sub'ect to making the minor revisions identified in thememos from the Assistant City Attorney and from the Planning Division to administratively reviewed and approved by Staff. Motion carried 5-0. Deeper Life Assembly—AR-02-08-04, Pre-Annexation Agreement. (Community Development Director Wagner) Community Development Director Wagner gave the staff report. This church is located on a 5.2 acre tract at 8825 A.D. Mims Road and is in unincorporated Orange County, but within the Ocoee-Orange County Joint Planning Area and the Ocoee utility service area. Built under Orange County development regulations, the metal-sided building and surrounding site do not meet the Ocoee design standards that have been applied to churches recently developed within the City. In order to secure municipal water service, the Church has agreed to annex into the City and the proposed agreement outlines clean-up improvements that would be accomplished within 60 days of the agreement and more significant improvements to bring the property up to City standards which would be accomplished within two years, or prior to Phase 2 development of the site. Dr. Rambisoon, Minister of the Church, agreed to all items except that he would like the improvements to the church building itself to be completed within three years, not two. Dr.Rambisoon has not signed the Pre-Annexation Agreement, as he wished to discuss this issue with Commission. Page 6 of fn [\F Ocoee City Commission Regular Meeting March 4,2003 Following discussion about revisions to the agreement requested by the petitioner, City Attorney Rosenthal summarized the agreed-to changes: Change 60 day improvements to 6 months, and change item 1. the 2-year improvements on realignment of the entrance road to I year. Leave the 2-year improvements listed as 2 years, but provide the right to come hack to the City Commission to request an additional 1-year extension, which would bring it to 3 years, upon some demonstration that they are moving forward. All of this is to trigger on Phase 2. Commissioner Anderson. seconded by Commissioner Johnson moved to a rove the Pre- Annexation Agreement for Dee ep r Life Assembly subject to execution by the annro ri�tate official of the church congregation with the following changes changingthe 60 da improvements to 6 month improvements changin item 1. the 2- ear improvements to 1 year improvements and with respect to the remaining 2- ear improvements the owner would have the rim to come into request a 1- ear extension from the City Commission. Motion carried 5-0. Occupational License Classification and Revenue Report. (Community Development Director Wagner) Community Development Director Wagner gave the staff report. Mayor Vandergrift asked if the figures in Mr. Wagner's report included the amount the City receives from Orange County. Mr. Gleason said he would ask Finance Director Horton to have that report ready for the next meeting. Mayor Vandergrift. seconded by Commissioner Anderson. moved to table this item until the March 18 re ular meetine Motion carried 3-2 with Commissioners Johnson and Parker voting no. STAFF REPORTS—None at this time. COMMENTS FROM COMMISSIONERS Commissioner Howell said he needs to talk to Public Works Director Wheeler about flooding on Lady Avenue. Commissioner Johnson said the sidewalk at Silver Star Road and Kash & Karry needs repair, as right now it is not handicap accessible. Mayor Vandergrift raised the issue of the$30.00 reconnect fee charged by the utility department and moved to roll back all charges to what they were and do an audit to find out if it costs the City that much. Motion died for lack of a second. However, Commissioner Johnson said he was not opposed to a study being done, and Commissioner Howell asked for a workshop. Commissioner Parker reminded all the report on the effectiveness of the $25.00 late fcc would be available at the March 18 meeting. Mayor Vandergrift said he received a fax from P & i. Commercial Corporation, apparent low bidder for the Fire Station, asking what the holdup is on the letting of the bid. City Attorney Rosenthal said he had communicated with that firm advising that it violates the bidding procedures to have direct communication with elected officials prior to that. He said he had prepared a memorandum addressing a number of legal issues associated with this, which will be presented to the City Commission when the report of the selection committee comes forward. Page 7 of 8 Ocoee City Commission Regular Meeting II 7 F March 4,2003 I✓ Mayor Vandergrift asked about the status of the test street signs that had been authorized some months ago. ADJOURNMENT The meeting adjourned at 9:30 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page8 of 8 Agenda 3-18-2003 Item III A MINUTES OF THE CITY OF OCOEE CANVASSING BOARD MEETING HELD MARCH 12,2003 CALL TO ORDER Mayor Vandergrift called the Canvassing Board to order at 12:00 p.m. in the Commission Chambers Conference Room. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioner Johnson, City Attorney Rosenthal, City City Clerk Grafton, Deputy City Clerk Green, and Deputy City Clerk Whitford, City Manager Gleason (arrived at 12:08 p.m.). Also present were Martha Lopez-Anderson, Victoria and Edna Laney, and Commissioner/Candidates, Anderson, Parker, and Wilsen. ABSENT: Commissioner Howell was not present. Mayor Vandergrift announced a quorum was present. He stated that he had a discussion regarding his support of two of the candidates with the City Attorney to determine if he should sit on the canvassing board. City Attorney Rosenthal explained the City Charter provisions regarding the Canvassing Board and stated in his opinion any participation in the election campaigns by any member of the canvassing board would not be a basis to create a conflict to participate as a member of the canvassing board. Similarly there is no basis for abstaining unless in the case of the Mayor it would be the Mayoral results that were being canvassed. City Clerk Grafton presented Mayor Vandergrift with the sealed City Commission envelopes containing the tabulator tape print outs from District # 2 and District #4. She stated they were presented to her by the Election Clerks. City Attorney Rosenthal stated this was consistent with the City Charter that one set of envelopes be delivered to the Mayor and one set to the City Clerk. Mayor Vandergrift read the results of the tapes from Districts # 2 and # 4. City Clerk Grafton stated her tapes were in agreement with those figures. City Clerk Grafton stated she had just picked up the absentee ballots from the Supervisor of Elections (SOE). The report shows 5 ballots that were rejected by the SOE. Ms. Grafton stated the rest of the ballots were properly signed and witnessed. The total of absentee ballots received by the SOE was 121 and the total accepted was 116. City Attorney Rosenthal recommended the Canvassing Board accept those absentee ballots that have been reviewed by the SOE and determined by the SOE to comply with Florida law. Mayor Vandergrift stated withoutobjection the board would accent those ballots as recommended by the SUE Ocoee Canvassing Board March 12, 2003 The Canvassing Board reviewed each of the 5 rejected absentee ballots. Without objection 4 of the ballots were rejected and 1 ballot was accepted. City Clerk Grafton confirmed the number of absentee ballots received matches the number of ballots shown on the SOP report which is 116 plus the one ballot accepted by the canvassing board for a total of 117 absentee ballots. Mayor Vandergrift stated for the record that the City Attorney and the City Clerk verified the results as the other members observed and the Canvassing Board would be counting 117 ballots. The entire Canvassing Board and some of the guests relocated to the Water Department area to use the automatic envelope opener to open the outer envelopes of the absentee ballots. Deputy City Clerk Green remained in the conference room with the tabulator tapes. The audio recording was slopped at 12:22 p.m. The Canvassing Board returned to conference room and the audio recording of the meeting resumed at 12:37 p.m. The absentee ballots were sorted and counted by district. There were 18 absentee ballots for District#4 and 99 absentee ballots for District#2 for a total of 117 ballots. Mayor Vandergrift stated for the record the absentee ballot totals given by the SOE for each district on election night were incorrect. The absentee ballots were removed from their secrecy envelopes and sorted by candidate and counted. City Clerk Grafton asked Deputy City Clerk Green to read the totals of the ballots cast for each district. City Attorney Rosenthal stated the results of District #2 race being the election of Scott Anderson and the results of the District #4 race being the election of Nancy Parker. District#2 Tabulator Count Absentee Ballot Count Total Scott Anderson 508 28 536 Rosemary Wilsen 274 70 344 Rejects 1 unmarked Totals 782 99 881 2 Ocoee Canvassing Board March 12,2003 District#4 Tabulator Count Absentee Ballot Count Total Rick Bowen 340 4 344 Nancy Parker 386 14 400 Rejects 0 0 0 Totals 726 18 744 Commissioner Johnon, M s seconded sy .vor Vandergrift- moved to accent the official tabulation and certify the results of the election Motion carried 3-0 City Clerk Grafton stated she was often asked about the percentage of voter turn out and asked Deputy City Clerk Green to give the percentage of the registered voters that voted in each district. Deputy City Clerk Green stated the percentage for District #2 it was 26% and for District# 4 the percentage was 21%. Mayor Vandergrift congratulated both Commissioners Anderson and Parker. Adjournment. The meeting adjourned at L 12 p.m. APPROVED Attest: City of Ocoee Sally Whitford, Deputy City Clerk S. Scott Vandergrift, Mayor 3