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HomeMy WebLinkAboutV(A) Approval and Acceptance of Minutes of City Commission Regular Session October 7, 2003 DRAFTAgenda 10-21-2003 Item VA MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD OCTOBER 7,2003 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. Wayne Humphrey led in prayer and Frances Watts led the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Building Official Phelps, Assistant to the City Manager Shira, City Clerk Grafton, Community Development Director Wagner, Fire Chief Strosnider, Human Resources Director Diedrich, Parks/Recreation Director Farmer, Public Works Director Wheeler, and Deputy Public Works Director Zaitoonie. ABSENT: Commissioner Johnson(ill) PRESENTATIONS AND PROCLAMATIONS Proclamation—Fire Prevention Week—October 5-11,2003 Mayor Vandergrift read the Proclamation proclaiming October 5-11, 2003 to be Fire Prevention Week. Presentation—Video Presentation Regarding Navigating Sidewalks and Cross Walks on Clarke Road—Louis Fazio. (Commissioner Parker) Commissioner Parker and Louis Fazio presented a video demonstrating the difficulties encountered by persons depending on wheels for transportation(wheel chairs, roller blades, bicycles, etc.) due to the condition of some major roads and sidewalks. Their goal was to point out the need for improvements such as sidewalks, concrete paths to provide access to the street crossing buttons, ramps to the intersections, repair cracks in sidewalks,provide steel handrails at strategic corners by the West Orange Trail and other areas, signage indicating ADA users may be in the area, and holding the speed limit to 35 MPH until all of these improvements are taken care of. Mayor Vandergrift said he would like to appoint a committee to address these issues and he appointed Commissioner Parker to work as liaison to that group. He also asked Mr. Fazio to work with staff to find grants. Presentation—Invitation to Attend the Celebration of the Roper YMCA Groundbreaking on October 25,2003—Wayne Humphrey. (City Manager) Wayne Humphrey extended the invitation to all to attend the groundbreaking ceremony for the Roper YMCA on October 25 and said to call the Y for details regarding the all-day event. COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court,thanked the City for fixing the Christian Service Center parking lots, and announced the West Orange Seniors Club will again have coffee and donuts at the Community Center during the Founders' Day Celebration on October 18. Mark Scalzo, 6938 Cross Cut Court, asked if the prospective appointees to the CACOFD would be able to meet before the minimum number of 15 appointees has been made. City Attorney Rosenthal advised, if it should be the desire of this Commission, such direction could be given Ocoee City Commission Regular Meeting DRAFT October 7,2003 when the appointments are made. Staff was directed to put the CACOFD appointments on the October 21 agenda—early. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker 1. Announced the dates and times for the Founders' Day Festival events in detail (5K Run, Golf Tournament, Poker Run, parade and entertainment on the big day). 2. Announced Homes in Partnership Dinner Thursday, October 23, advising the City has a sponsorship table and she asked Commission to let Gee know if they planned to attend. Mayor Vandergrift announced the Tri-County League of Cities meeting in Windermere on October 16 at Noon. A panel discussion on charter schools will be the program. Commissioner Howell announced a fund-raiser for Coach Brewer's wife October 19 at Mount Plymouth Golf Course. CONSENT AGENDA The Consent Agenda consisted of items A,B, C,D,E,F, G, H,I, and J. Staff pulled items B and J from the consent agenda in order to make changes and present again at a later meeting. (City Manager Gleason said Commissioner Johnson asked that item VII.G. be pulled as well as he wished to be present for that discussion on the Take Home Vehicles Plan.) Commissioner Anderson raised several questions to which staff responded. Mayor Vandergrift asked that future staff reports have more details. ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF CITY F. COMMISSIONERS AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION,IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. A. Approval and Acceptance of Minutes of the City Commission Regular Meetings of September 2,2003, and September 16,2003; and Take Home Vehicle Workshop of August 25, 2003. (City Clerk Grafton) The Minutes of the City Commission Regular Meeting of September 2, 2003, and the Take Home Vehicle Workshop of August 25, 2003, were pulled at the last Commission meeting and were never approved. B. Pulled by Staff—See Below. C. Approval and Authorization of Emergency Repairs to Lift Station#22 and Transfer of$29,323.95 from Wastewater Operating Reserves for Contingency Account to Capital Improvements Account to Pay for Repairs. (Public Works Director Wheeler) The gravity sewer pipeline to the lift station failed and broke away from the wet well causing the ground around the station to settle. The damaged pipe was located approximately 12 feet below the service and required well pointing to perform the repair. Since the City does not have the type of equipment required for this type of Page 2 of 7 4 Ocoee City Commission Regular Meeting DIF October 7,2003 R. LLA work and because of the need for a quick repair, DeWitt Excavating, Inc. was contacted to assist. A. Approval of Intent to Annex for Water Service for Mr. Randy Lazarus at 121 11th Street and Authorization for Mayor and City Clerk to Execute Annexation Agreement. (Public Works Director Wheeler) Mr. Lazarus,president of Classic Homes, Inc., owns the property at 121 11th Street, and has approached the City for utility service. The property is currently undeveloped and Mr. Lazarus intends to build a house on the property. No new main pipelines need to be installed to serve this property, only an individual service line. The procedure for obtaining water service was discussed with Mr. Lazarus and the Development Review Committee has approved the Intent to Annex at a meeting held on September 30, 2003. The Engineering/Utility Staff recommends that the Mayor and Commission approve this Intent to Annex request, direct the Mayor and City Clerk to execute the Annexation Agreement, and direct staff to proceed with the process to provide Mr. Lazarus with City water service. B. Approval of Right-of-Way Utilization Agreement with The Ryland Group for the Construction and Maintenance of a Retaining Wall and Authorization for the Mayor and City Clerk to Execute the Agreement. (Community Development Director Wagner) During construction of the Westchester Subdivision on the east side of Clarke Road, at the southeast corner of its intersection with Hackney Prairie Road, problems with the grading have created the need for a small retaining wall adjacent to the sidewalk just south of the intersection. C. Approval and Authorization for the Mayor and City Clerk to Execute the Interlocal Agreement with OCPS for Public School Facility Planning. (Community Development Director Wagner) The purpose of the agreement is to approve and authorize execution of the Interlocal Agreement required by Sections 163.31777(1)(a) and 1013.133(2)(a), Florida Statues, to promote planning and coordination between Orange county Public Schools (OCPS) and the affected local governments in Orange County. D. Approval and Acceptance of New and Revised Job Descriptions. (Human Resources Director Diedrich) These are the new and revised job descriptions for the positions of Battalion Chief, Plans Examiner/Building Inspector, and Zoning Inspector in connection with the approved annual budget for the City. E. Approval and Authorization of Leasing of the Christmas Pole Decorations for Budgeted Amount of$30,000.00. (Deputy Public Works Director Zaitooni) Clark Displays Sales has provided the City of Ocoee with the Christmas decorations for the past(5) years. The services include installation, maintenance, and removal of the displays at the conclusion of the holiday. F. Approval and Authorization of a Change Order to City Hall Carpet Contract. (Deputy Public Works Director Zaitooni) Due to excessive noise created by the existing tile flooring in the upstairs waiting area between the elevator and the City Manager's office, it is proposed that the area be carpeted as part of the current renovations. G. Pulled by Staff—See Below. Page 3 of 7 ER F Ocoee City Commission Regular Meeting LI A October 7,2003 Mayor Vandergrift, seconded by Commissioner Parkerimove 1 to approve items A, C, D, E,F, G, H, and I of the consent agenda as presented. Motion carried 4-0. Commissioner Johnson was not present. THESE ITEMS WERE PULLED BY STAFF TO BE BROUGHT BACK WITH REVISIONS AT THE NEXT MEETING. B. Approval and Authorization for Mayor and City Clerk to Execute Service Agreement with Motorola Incorporated in the Amount not to Exceed $25,093.56. (Chief Goclon) The current service maintenance agreement for the Motorola 800 MHz Radio system being utilized by the City expires on September 30, 2003. The cost for the service agreement for the next 12 months is $2,091.13 per month for a total of$25,093.56. J. Approval and Authorization of Change Orders 7 & 8 to the Groundtrek Contract#B03-01 for Mowing Services. (Deputy Public Works Director Zaitooni) The Parks &Recreation Department and the Public Works Department currently utilize a private contract for mowing services. The proposed Change Orders 7 & 8 represent the additional work requested by the City and negotiated for addition to the current contract. PUBLIC HEARINGS Living Waters Church—Special Exception Case No. 1-3SE-2002. (Community Development Director Wagner) Community Development Director Wagner presented the staff report regarding this request by Living Waters Church for a Special Exception to permit a church in a C-2 Community Commercial District. Mr. Wagner noted a list of conditions recommended by the City Attorney. The subject property is located approximately 100 feet east of the intersection of Kissimmee Avenue and McKey Street on the south side of McKey Street. The parcel has a building with several commercial spaces. The Planning and Zoning Commission had recommended approval of the Special Exception with the following conditions: 1) limit the church services to Sunday only; 2) relocate the church bus to a more appropriate location. Staff recommended approval of the Special Exception with the conditions of approval listed by the City Attorney and Planning and Zoning Commission. Kimberly Brown, Architects in Partnership, 108 N. Wymore Road, Winter Park, representing Living Waters Church, said they had no problems with the conditions with the exception of the one limiting them to Sunday services only, since they would like to also meet in small groups through the week. Commissioner Howell, seconded by Commissioner Parker,moved to approve the Special Exce.tion with the deletion of the fir t condition limitin' the church to Sunda onl meetin•s. Motion carried 4-0. Commissioner Johnson was not present. OTHER BUSINESS Page 4 of 7 D [RAFT Ocoee City Commission Regular Meeting October 7,2003 First Reading of Ordinances. Second readings and public hearings scheduled for October 21,2003 at 7:15 p.m. Westyn Bay Townhomes PUD—Ordinance No. 2003-42 Rezoning/Land Use Plan. (Community Development Director Wagner) West Orange Professional Center. (Community Development Director Wagner) Ordinance No. 2003-40 - Annexation Ordinance No. 2003-41 —Initial Zoning Annexation Agreement Ordinance 2003-43,Amending Chapter 78 of the Code. (Fire Chief Strosnider) City Attorney Rosenthal read the titles only of each of the Ordinances in turn. Mayor Vandergrift announced the second readings and public hearings are scheduled for October 21, 2003 at 7:15 p.m. EMERGENCY ITEM TO APPROVE EMERGENCY REPAIRS TO LIFT STATION NO. 16 LOCATED AT 131 OLYMPUS DRIVE Public Works Director Wheeler gave the staff report, advising this was the lift station which malfunctioned in the past and there was a major concern that it may do so again. He requested fi waiver of the bidding process according to the Purchasing Manual due to the emergency nature of the repair of this lift station and approval of a transfer of$24,627.00 from Wastewater R&R to the Wastewater Capitol general ledger account, and to consider this as a high priority request due to the prior incidents of flooding in the area. Commissioner Anderson, seconded by Commissioner Howell,moved to waive the bidding process according to the Purchasing Manual due to the emergency nature of the repair of this lift station and approve a transfer of$24,627.00 from Wastewater R&R to the Wastewater Capitol general ledger account Motion carried 4-0. Commissioner Johnson was not present. Appointment of City Commissioner to the CRA Consultant Selection Committee. (Assistant to the City Manager Shira) Commissioner Parker, seconded by Commissioner Anderson,moved to appoint Commissioner Johnson to serve on the CRA Consultant Selection Committee. Motion carried 4- 0. Commissioner Johnson was not present. Recommendation of Transfer of Funds from Contingency to Over 65 Programs. (City Manager Gleason) Mayor Vand•r'rift;, seconded by Commissioner Anderson.moved to transfer $86 935.00 from Contingency to the Water Tax, Water Fees, and Solid Waste accounts. Motion carried 3-1 with Commissioner Parker voting no. Commissioner Johnson was not present. Code Enforcement Matters. (Building Official Phelps) Request for Reduction of Fines and Liens - Code Enforcement Board Case No. 02-063 McCoy Page 5 of 7 DAAF Ocoee City Commission Regular Meeting October 7,2003 Building Official Phelps gave the staff report advising this case involved violations at 375 Enterprise Street, owned by Gilbert R. McCoy. Mr. McCoy had asked that the accumulated fines of$15,700.00 be reduced and the lien be removed now that the property is in compliance with the Code. Mr. Phelps said this case was heard by the Code Enforcement Board, which recommended the fine be reduced to $106.00. Mr. Phelps said Chapter 162, Florida Statutes, provides that the cost of enforcement could be considered and he recommended the fine be reduced to $500.00 as that amount should cover the cost incurred. Commissioner Anderson, seconded by Commissioner Parker,moved to reduce the fine in Code Enforcement Case No. 02-063:McCoy to $500.00 and full payment of that amount must be made by October 27, 2003 in order for the lien to be removed, or the fine reverts to the full amount. Motion carried 4-0. Commissioner Johnson was not present. Appointments to Parks and Recreation Advisory Board—There are three vacancies and Rob McKey would like to serve a two-year term. (City Clerk Grafton) Commissioner Parker said she would like to hold off on appointments to this board until some applications from District 3 have come in. Mayor Vandergrift, seconded by Commissioner Anderson, moved to appoint Rob McKey to serve on the Parks/Recreation Board for a term ending October 1, 2005. Motion carried 3-1 with Commissioner Parker voting no. Commissioner Johnson was not present. Commissioner Howell, seconded by Commissioner Anderson, moved to appoint Anthony Caraway,to serve on the Parks/Recreation Board for a term ending October 1, 2004. Motion lost 2-2 with Commissioners Anderson and Parker voting no. Commissioner Johnson was not present. Appointment of a Voting Delegate For the National League of Cities' Annual Business Meeting. (City Clerk Grafton) Commissioner Anderson, seconded by Commissioner Howell, moved to appoint Mayor Vandergrift to serve as voting delegate for the national League of Cities Annual Business Meetin. and Commissioner Parker to serve as alternate votin' del- !ate. Motion carried 4-0. Commissioner Johnson was not present. Police Take Home Vehicle Proposal. (Chief Goclon) (Continued from September 16, 2003) AT COMMISSIONER JOHNSON'S REQUEST (PRESENTED BY CITY MANAGER GLEASON EARLIER IN THE MEETING), THIS ITEM WAS PULLED FROM THE AGENDA TO BE BROUGHT BACK OCTOBER 21,2003. STAFF REPORTS City Manager Gleason 1. Reported the Feasibility Study—Interim Report from Kevin Ratigan, Senior Vice President ADG,regarding the use of the United Methodist Church property as a location for the police department shows the cost to renovate and add the additional square footage to be not feasible. Page 6 of 7 rRAFfir Ocoee City Commission Regular Meeting October 7,2003 He said he is reviewing an alternative site on Maguire Road(where the police vehicles have been being parked for some time) and will bring back a report at the November 4 meeting. 2. Asked for direction regarding placing an ad in the West Orange Times for the Winter Garden Centennial. Mayor Vandergrift, seconded by Commissioner Parker,moved to buy a full page ad for $725.00 using funds from Contingency. Motion carried 4-0. Commissioner Johnson was not present. 3. Asked for authorization to replace the legislative digital cameral which is broken and also asked for authorization to get a second to be used when needed. Commissioner Anderson said he would prefer to keep the same type of camera they have been using rather than a later model and he wanted to talk to Mr. Ross regarding this before a decision was made. Without objection. COMMENTS FROM COMMISSIONERS Commissioner Parker 1. Announced the Founders' Day activities again. 2. Said she was aware that she could not bring up the issue as she was not on the prevailing side, but she would like to revisit the appointment of the Mayor to the Chamber of Commerce done at the last meeting. Commissioner Howell said when considering the Take Home Vehicle Plan at the next meeting to add Fire Inspectors to it. Commissioner Parker said it should include any department that qualified. ADJOURNMENT The meeting adjourned at 9:07 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift,Mayor Page 7 of 7