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HomeMy WebLinkAbout02-20-96 . . . MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD FEBRUARY 20, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the Commission Chambers. Roger Mills, Pastor of Ocoee Church of Christ, 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, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Administrative Services Director Beamer, Planning Director Wagner, Building Official Flippen, Planner Horne, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PROCLAMATION: Mayor Vandergrift read a proclamation proclaiming March as Violence Free Community Month. PRESENTATIONS: "WE CARE .ABOUT YOUTH" Mrs. Elois McKnight addressed Commission regarding a basketball camp to be conducted by We Care About Youth, Inc. at West Orange High School on March 23, 1996 similar to camps held at Edgewater High and Jones High recently to help teach respect, responsibility and right behavior to youth, and asked that the City help to sponsor the program. Commissioner Anderson. seconded by Mavor Vandere:rift. moved to give $250 to the organization from Contingency Account. Motion carried 5-0. FRIENDS OF LAKE APoPKA Mr. John Nabers, representing Friends of Lake Apopka, presented a video tape showing the history and present condition of Lake Apopka and the efforts currently being made by the Friends of Lake Apopka to restore it to its earlier productive condition. He advised that the next "picnic" is scheduled for March 2, 1996 beginning at 8:30 a.m. for work with food served at midday at Tanner Auditorium in Winter Garden. Mr. Nabers responded to several questions raised by Mr. R.P. Mohnacky about the project and its support. Mayor Vandergrift noted that the City limits of Ocoee now extend to Lake Apopka and he encouraged citizens to take an active interest in the condition of the lake and its survival. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, and F. City Attorney Rosenthal pointed out that page 2 item 2 of his memo on agenda item B concerning Kenjen, Ltd. should read "The City would approve a future median break with turnlane and a curb cut for access to the Kenjen property. . ., such median break with turnlane and curb cut being comparable to other median breaks with turnlane and curb cuts along Clarke Road." There was discussion regarding the . Ocoee City Commission Regular Meeting February 20, 1996 process of land swap v. eminent domain v. donation of land and the comparative cost. Mr. Shapiro stated for the record "At the point in time this was going to happen we had no idea that we were going to do the intersection at Ocoee-Clarcona Road and Clarke Road. The initial agreement with Silvestri was to go down to the Apopka-Vineland area and A.D. Mims and put the intersection there. However, as a result of the fact that that was a county road joining a county road and they were doing nothing to assist us, while this was a city road joining a county road it was to our economic benefit to go up to the Clarke Road area and do the intersection improvements at Silvestri's expense to make Clarke Road and Ocoee-Clarcona Road a safe intersection. We would never have thought about getting the clips if we hadn't changed that; but it was to our financial benefit for the citizens of our community to improve that intersection instead." Mr. Rosenthal said that the county is not sure just where the road is and is still searching their records. There is a possibility there will be more land to acquire. Commissioner Anderson asked if there was someone present to clarify a question about the American Medical Associates item and Sally Luke, representing Coordinated Care, clarified the point raised. . After several questions were answered regarding other consent agenda items, Commissioner Gleason. seconded by Commissioner Glass. moved to approve the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Work Session of January 4. 1996. B. Approval and Authorization for Mayor and City Clerk to execute A~reement with Kenjen. Ltd. re: Proposed Development A~eement and Temporary Easement. C. Approval and Authorization for Mayor and City Clerk to execute Second Development A~reement with Lake Lotta. Ltd. D. Approval and Authorization for Mayor and City Clerk to execute Professional En2ineerinl: Proposal -HV AC System for City Hall and Police Department with Brian Cummin~ & Associates. Inc. E. Approval and Authorization for Mayor and City Clerk to execute Termination of Temporary Construction Easements for Clarke Road. F. Approval and Authorization for Mayor and City Clerk to execute American Medical Associates Development Processin~ A~eement. COMMENTS FROM CITIZENS/PUBLIC There were no citizens comments at this time. However, when Administrative Services Director Beamer arrived at the lectern to present the next item on the Public Hearing agenda, Mr. Shapiro announced that Ms. Beamer had accepted a position as Assistant City Manager in the City of Oviedo and would be leaving soon. He said that she was one of the most brilliant people . 2 . . . Ocoee City Commission Regular Meeting February 20, 1996 he has ever known and it has been an honor to have worked with her. He said he has learned a lot from her and what she has brought the City has been invaluable (but that maybe when she's gone we will have less boring reports). He stated for the record that she has been one fine staff member. Commissioner Gleason echoed Mr. Shapiro's comments and said he had found her honesty and candor to be refreshing. He said she was one of the finest custodians of public funds he had ever seen and Oviedo's gain would be our community's loss. He wished her well and said he hoped Ocoee could find someone who would bring the same integrity to the job that she had brought. Commissioner Glass said he found Ms. Beamer to be second to none and he had worked with a lot of very qualified financial people. He said the depth and breadth of her information is scary and her move was definitely Oviedo's gain. Commissioner Johnson said that Ms. Beamer has a lot of technical knowledge and she tells you what you need to hear, not what you want to hear, which is good. He said she has always represented Ocoee well and Oviedo is getting more than just a good employee, they are getting a good person. Commissioner Anderson said he has not found anything Ms. Beamer has said to be boring and he appreciated all the information she had provided. Mayor Vandergrift said he would hold his remarks until later except to say, "Oviedo?" He said he jokes about taking his vacation there and he has some bumper stickers regarding a mall that he will give Ms. Beamer. Ms. Beamer promised some coupons for shopping at their mall during his vacation. PUBLIC HEARINGS SECOND READING AND PuBLIC HEARING-ORDINANCE No. 96-01, RELATING TO ROAD IMPACT FEES. City Attorney Rosenthal presented the Ordinance by title only for the second reading and public hearing. Administrative Services Director Beamer gave the staff report which included the history of the impact fees from the beginning to the current position of $6.4M in Road Impact Fees with the Kissimmee/Story Road Intersection and improvements on Maguire Road from the Turnpike down to Roberson in the works. She reported that there is an indebtedness that runs $660k for Clarke Road that was started in 1990 and $1.2M is kept in reserve to cover that debt service for 2 years if necessary. She then noted that a correction on page 28 in the Final Study for the item Total Improvements to the Year 2010: the $356800 should be $35,680,000. She then introduced Mr. Ken Hooper with PEC who answered several questions regarding the report. Mr. Rosenthal pointed out that when the ordinance was drafted the Study was the Update Study and it has gone through several changes, so the motion should include a change to all references in the ordinance to the Road Impact Fee Update Study dated 1995 to Traffic Impact Fee Final Study dated January 19, 1996. The public hearing was opened. As no one wished to speak, the public hearing was closed. 3 . . . Ocoee City Commission Regular Meeting February 20, 1996 Commissioner Gleason. seconded by Commissioner Johnson. moved to adopt Ordinance No. 96-01 with the change in the Ordinance each time "Road Impact Fee Update Study dated 1995" appears to "Traffic Impact Fee Final Study dated January 19. 1996." Motion carried 5-0. CHANGE OF LAND USE AND AMENDMENT TO COMPREHENSIVE PLAN. -ORDINANCE No. 96-02. City Attorney Rosenthal presented this Ordinance by title only for the second reading and public hearing. Planner Horne presented the staff report and stated that Planning Staff had been contacted by DCA Staff regarding the draft Objections, Recommendations, and Comments (ORC) Report and was told that overall the draft aRC Response appeared to answer their objections; however, they asked that the following note be added to the Legend of the Future Land Use Map: The areas outside of the JP A are for Planning purposes only, they do not confer any development rights, and would require a Comprehensive Plan Amendment upon incorporation into the City of Ocoee. Mrs. Horne outlined the process which led up to the adoption of the subject Comprehensive Plan Amendments (CPA-95-1-1 and CPA-95-1-2) and further explained the proposed amendments as follows: CPA-95-1-1 makes the changes to the Comp Plan required by the JPA Agreement; including: (1) the Future Land Use Map revisions to individual properties; (2) revisions to the Future Land Use Element text and policies; (3) the Future Land Use Map shows JPA boundary; (4) the Appendix A Maps show the JPA boundary; and (5) Appendix E was added which contains the JPA Agreement. CPA-95-1-2 makes the Scrivener's Error changes to the Future Land Use Map to make it consistent with the 1991 zoning map or approved development orders. Planner Horne summarized DCA's aRC Report, the City's response to each objection, and the staff report and requested that the City Commission: * * * * APPROVE Ordinance #96-02 ADOPT the subject Comprehensive Plan Amendments (CPA-95-1-1 and CPA-95-1-2) AUTHORIZE the execution of Ordinance #96-02 by the Mayor & City Clerk DESIGNATE the Director of Planning as the person to transmit the letter to DCA outlining all required information as specified by the Florida Statutes for Comprehensive Plan Adoption. 4 . . . Ocoee City Commission Regular Meeting February 20, 1996 City Attorney Rosenthal clarified that by adoption of Ordinance No. 96-02 the Commission would also be approving the ORC Response and authorizing staff to transmit it to the Department of Community Affairs along with the Ordinance. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason. seconded by Commissioner Glass. moved (1) to approve Ordinance No. 96-02 which adopts the Comprehensive Plan Amendments. upon finding such amendment to be consistent with the Ocoee Comprehensive Plan and the requirements of the JP A Agreement. (2) authorize execution of Ordinance No. 96-02 by the Mayor and City Clerk. (3) designate the Director of Planning as the person to transmit a letter to DCA outlining all required information as specified by the Florida Statutes for the adoption of Comprehensive Plan Amendments. and (4) also to add the note to the Future Land Use Map per DCA's request. Motion carried 5-0. OTHER BUSINESS DISCUSSION RE: PuBLIC TRANSPORTATION BENCH ADVERTISEMENT SIGNS AND NEW HOMES GUIDE SIGNS. Building Official Flippen gave the staff report indicating that two proposals had been received (West Orange Jaycees and Mega Media Inc.) for the installation of benches with advertisement thereon at public transportation locations and asked for direction whether to proceed with one of these companies or to advertise further. City Attorney Rosenthal pointed out that this action is not an action to award a contract to anyone but instead to give direction to staff on how to proceed, noting that the Florida Statute does authorize entering into an agreement in this particular area without going out to competitive bidding. Mayor Vandergrift asked the representatives of each company to give a brief presentation, which they did. Mr. Mark Rapp spoke for West Orange Jaycees and Mike Coss represented Mega Media Inc. Ms. Carol Davis, with the West Orange Jaycees, also spoke. Building Official Flippen said that he and Planning Director Wagner would come back with two submittals for approval. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, suggested that the City enter into a short term contract rather than long term in order not to be bound by today' s prices in tomorrow's economy. 5 . . . Ocoee City Commission Regular Meeting February 20, 1996 When the subject of kiosks was brought up City Attorney Rosenthal pointed out that kiosks do not have the same statutory exemption from the competitive process as the previous subject and he recommended following the standard procedure for giving notice that the City may be looking for expressions of interest. City Manager Shapiro stated for the record, "That was the person advertising telling us about it, not us asking for it, because we do have to go out to competitive bid on it. " Mr. Shapiro said that, given direction, staff would begin working on it. Mayor Vandergrift talked about design and that when the developers/builders eventually leave, other advertising would be necessary. Building Official Flippen said that if the intent was to have any type of business advertise other than builders, developers and real estate the ordinance would have to be revised. Commissioner Glass said he would not want commercial advertising other than that already approved and he would be more interested in tapping into the creative juices of the commercial market for design rather than giving design criteria. There was discussion about a sign in front of City Hall Complex on Bluford and Mr. Shapiro said that it just had not been designed and funded, that it should be a part of the budget review. DISCUSSION/AcTION RE: FuTuRE TRANSPORTATION PROJECTS. Planning Director Wagner gave the staff report regarding the transportation projects for the next 10 - 15 years which the City will need to undertake. He asked for the following action by Commission: (1) direction regarding the projects identified for the Expressway Authority and FDOT with regard to the Western Beltway and endorsement for Staff to discuss concerns for future local transportation network requirements to them, and (2) endorsement for Staff to give input regarding items related to Silver Star Road, i.e., the portion from Clarke Road to Hiawassee Road, and west of Clarke Road, which is the subject of a PD & E study for the portion of Silver Star leading west to Winter Garden, (3) authorize Staff and consultants to continue working with the County and developers on the comprehensive listing prepared of the range of needs for the future, including intersection improvements, small extensions of streets, improvements to existing roads. Mr. Wagner then displayed a map on the overhead pointing out the Expressway Authority items to be considered, i.e., Western Beltway- (E-l on the map)Roberson Road-West of Windermere Road: addition of underpass, (E-2)Marshall Farms/Tomyn Road: addition of underpass, (E-3)State Road 50 Frontage Road: signalized intersection, (E-4)North of Enterprise Street: adjustment to retention pond, (E-5) State Road 438: intersection with new frontage road, (E-6) Palm Drive: deletion of underpass, (E-7) 1/2 mile north of Palm Drive: addition of underpass, 6 . . . Ocoee City Commission Regular Meeting February 20, 1996 East-West Expressway- (E-8) Good Homes Road: half-diamond interchange, (E-9) State Road 50 off-ramp: west-bound fly-over ramp, (E-lO) Florida Turnpike Terminus: connection to Moore Road, State Road 438 - (S-I)West of Ocoee-Apopka Road: 4-1ane realignment, and (S-2) Clarke Road to Ocoee-Apopka Road:4-lane realignment. After a brief discussion during which it was agreed that an overall review of the transportation plan for the whole city by Commission in a work session would be in order, Mavor Vandere:iift. seconded by Commissioner Anderson. moved to adopt as recommended above by staff. Motion carried 5-0. ApPOINTMENTS TO PERSONNEL BOARD (3 YEAR TERMS): Debbie Bertling, Jean Grafton, Betty Hager, and John Resnik terms expire March 1996. (Commissioner Johnson has already been reappointed.) Mayor Vandere:rift. seconded by Commissioner Johnson. moved to reappoint Debbie Bertling. Jean Grafton Bett Ha er and John Resnik to serve another 3 ear term on the Personnel Board said terms to ex ire March 5. Motion carried 5-0. 11i}~ STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Gleason: 1) Advised that he had received a phone call asking if the City could make available some of the land at the wastewater treatment plant for the schools to use for recreation. Mr. Shapiro said he would call the principal at Spring Lake School to let them know it was all right. He said that Ocoee Elementary and Middle Schools are already aware and using the area. 2) Announced City Clerk Grafton's birthday this week. Mayor Vandergrift said there were others that would be recognized as well at the end of the meeting. 3) Said he hoped Commissioner Glass would have an announcement to make soon that there was a new baby at his house, as the stress of waiting for the call was becoming heavy. Commissioner Glass: Announced the surplus auction at the Public Works facility on February 24, 1996 at 10:00 a.m. 7 . . . Ocoee City Commission Regular Meeting February 20, 1996 Commissioner Anderson: 1) Announced the RSVP phone number to remind citizens that they can call in with a problem or a commendation. 2) The drainage well at Oakland Avenue and Lakeshore Drive is stopped up. Commissioner Johnson: 1) A neighbor of the Middle School asked that the trash be picked up from the piece of land where the workout stations had been and that a no littering sign be placed in that area, as the litter blows onto their land. Mr. Shapiro said he would call the principal and advise him that the property was school property. 2) Recalled that Paul Lewis with Florida Power had promised that concrete poles would be used when the poles were replaced on Clarke Road and they are putting up regular poles instead. Mr. Shapiro said there was a problem with the traffic lights when they tried that. but he would have a report from the City Engineer. 3) Reported someone has put "We Buy Mortgages" signs on City property on Clarke Road. Mayor Vander~rift: 1) Announced that Florida Legislature would be broadcasting live this session and he hoped our cable would be carrying it. 2) Magic won 123-104. 3) Nancy Bride, Pioneer Key I, called to advise that there are groups of kids running around all night and to ask if the Commission is going to establish a curfew. Commissioner Glass recalled that Chief Mark was preparing a report to determine a target area to focus on which will be presented during a meeting in March. 4) Mrs. Bride called again and asked when a meeting would be held about problems that need immediate attention rather than talking about future problems. Mayor Vandergrift noted that Mrs. Myers has a meeting scheduled for Monday, February 26 in the Police Department Training Room. 5) Reported on a meeting he had with LakeWatch this week, where a person from the University of Florida commended our staff on the job they are doing taking samples from the lakes and then reported that our lakes are stable. Said he found a lot of debris around the lakes when showing her around the area and would like to schedule a workday in April to coincide with the Spring cleanup the Sanitation Department schedules each year to benefit the residents. 6) Advised that Barbara Pennington, Ocoee Middle School teacher, had asked him to judge a project (2 Saturdays in March) for Odyssey of the Mind and he is unable to attend and 8 . . . Ocoee City Commission Regular Meeting February 20, 1996 he asked if someone could take over that task. He said if anyone is interested they could contact either him or Commissioner Gleason. 7) Former Commissioner Woodson called to remind staff that it is time to clean up the cemetery for Memorial Day. 8) Catherine Carpenter, Forest Oaks Subdivision, called to ask if Hackney Prairie Road is going to be paved. Mr. Shapiro said that had been taken off the chart last year. that the road to Clarke Road had been paved instead which satisfied the responsibility to the development. 9) Said he would make his copy of the Governor's Budget Recommendations from the East Central Florida Regional Planning Council available to the rest of Commission as soon as he had finished reviewing it. 10) The Ocoee Rent-a-Choir sang Happy Birthday to Betty Hager in the audience, Beth Vandergrift at home, and Jean Grafton. ADJOURNMENT The meeting adjourned at 10:30 p.m. Attest: APPROVED: City of Ocoee ~5' 5::.;t;1" !1~, II- S. Scott Vandergrift, Mayof( 9