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HomeMy WebLinkAbout05-21-96 . . . MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD MAY 21, 1996 CALL TO ORDER Mayor Vandergrift called the meeting to order at 7:34 p.m. in the commission chambers. Commissioner Anderson led in prayer and Mrs. Hilda Ems led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, and Gleason. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Planning Director Wagner, Personnel Director Psaledakis, Finance Director Horton, Public Works Director Corwin, Building and Zoning Official Flippen and Acting City Clerk Green. ABSENT: Commissioner Johnson was absent due to illness. PRESENTATIONS AND PROCLAMATIONS - None CONSENT AGENDA The consent agenda consisted of items A and B. Concerning item B, Mayor Vandergrift questioned the need for additional soil borings, as he thought the RIBS (rapid infiltration basins) were not being used. Mr. Shapiro said additional information was needed for continuation of the contract and Mr. Shira said the RIBS were being used about 40% of the time. Mavor Vanderlrrift. seconded by Commissioner Glass. moved to approve and accept the consent agenda as presented. Motion carried 4-0. (Commissioner Johnson was absent) A. Approval and Acceptance of Minutes of City Commission Re~lar Meetinl: of May 7. 1996. B. Approval and Authorization for Mayor and City Clerk to execute Addendum No. 96-01 to the Geotechnical Services Contract with Professional Service Industries. Inc. in the not-to-exceed amount of $2.900.00 for additional soil borines at Forest Lakes Golf Course. City Manager Shapiro introduced Mr. Richard Corwin, Ocoee's new Public Works Director. COMMENTS FROM CITIZENS/PUBLIC Mr. Fred Gardner, Construction Manager for West Oaks Mall, reported that the project was going well and was set to open in early October. He introduced Ms. Kay Behrens, a new member of the mall development team. Ms. Behrens, who will be general manager for the mall, said it was company policy to become a partner in the community and toward that end a free meeting room will be available in the mall. She also said 80% of the mall space had been leased. She said she will move from her temporary office in the construction trailer to her office int the mall around June 10th, and that those who are interested in jobs or leasing space may call her at 294-9090 until that date. . Ocoee City Commission Regular Meeting May 21, 1996 Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked if the City needed five new police officers and said he felt more money should be spent on putting away those who are apprehended instead of hiring more officers. Mr. Shapiro said ten officers were needed, especially in light of the opening of the mall. Commissioner Gleason said it was important to add officers to keep pace with the growth of the City. He pointed out that this year the legislature had emphasized the building of prisons with the goal of having felons serve 85 % of their sentences. Ms. Martha Lopez-Anderson, speaking as president of the Silver Bend Homeowners Association, thanked the Commission, Mr. Shapiro, and Mr. Shira for the closing of Bexley Boulevard at Natchez Trace. She reported problems with compact vehicles going around the barrier and with a change in the school bus stop which was causing very young children to have long walks to catch the bus. Mr. Shapiro said that Mr. Corwin, Mr. Shira and Chief Mark would meet on Wednesday, May 22nd to discuss options to solve the problems with vehicles. He also said that, due to an oversight, the school board had not been notified about the street closing, but that the City would contact the school board about other possible routes to solve the bus stop problem. . PUBLIC HEARINGS AND SECOND READINGS SPECIAL EXCEPTIONS CHRISTIAN SERVICE CENTER OF CENTRAL FLoRIDA, INc. - CASE No. 1-5SE-95:CSC Planning Director Wagner presented the staff report for the application to utilize the Tru-Value Hardware Store for an outreach facility. He noted the Planning and Zoning Commission's recommendation for approval subject to further scrutiny of drainage retention, parking and site access as part of the Final Site Plan review by Staff. The public hearing was opened. As no one wished to speak, the public hearing was closed. Mayor Vandergrift said he shared the sentiments expressed by Planning and Zoning members. He asked if the extra grass parking area might be designed as a swale and if turn lanes might be added. He suggested adding more trees and butterfly plants. Mr. Wagner said turn lanes would have to be approved by FDOT. Mavor Vanderl!rift. seconded by Commissioner Gleason. moved to approve the Soecial Exception Application of the Christian Service Center of Central Florida. Inc. to operate a child care and community use facility at the former Tru-Value Hardware property. located at the . 2 L . . . Ocoee City Commission Regular Meeting May 21, 1996 southwest corner of Franklin Street and Taylor Street. in accordance with the Preliminary Site Plan as date stamped received by the City on April 26. 1996 including the Conditions of Approval as specified thereon and to direct that. in connection with the Final Site Plan review. Staff further scrutinize drainage retention. parking and site access. Motion carried 4-0. (Commissioner Johnson was absent.) MOBIL OIL CORPORATION - CASE No. 1-6SE-95:MOBIL Planning Director Wagner presented the staff report for the proposed convenience store, car wash and gasoline sales facility to be located on a .96 acre commercial outparcellocated within the Plantation Grove PUD. The public hearing was opened. As no one wished to speak, the public hearing was closed. Donald E. Fass, of MDM Engineering, as agent for Mobil, was present to answer questions. Commissioner Glass said Mobil had done an excellent job with their proposed landscaping and the project would be aesthetically consistent and compatible with the Publix shopping center. Commissioner Glass. seconded by Commissioner Anderson. moved to approve the Special Exception application of Mobil Oil Comoration to construct a commercial convenience store. gasoline sales facility and car wash on Lot 3. OPUS South. located within the Plantation Grove Shopping Center. in accordance with the Preliminary Site Plan as date stamped received by the City on May 1. 1996 including the Conditions of Approval as specified thereon. Motion carried 4-0. (Commissioner Johnson was absent.) PRELIMINARY SUBDIVISION PLANS WESMERE PUD VILLAGES 6 & 7 - FENWICK COVE - PROJECT No. 94-009 WESMERE PUD VILLAGES 8 & 9 - CHESIRE WOODS - PROJECT No. 94-008 Planning Director Wagner presented a combined staff report for Preliminary Subdivision Plans for Wesmere Villages 6 and 7 and Villages 8 and 9, noting that the two projects would require separate public hearings and approvals. He said development of the four villages would add a total of 162 more lots within the Wesmere PUD. The public hearing was opened for Villages 6 & 7 - Fenwick Cove. As no one wished to speak, the public hearing was closed. Commissioner Glass commended the developer for an excellent example of what can happen when the developer works with the neighbors and the surrounding property. 3 . . . Ocoee City Commission Regular Meeting May 21, 1996 Mayor Vandergrift, noting that the hardpan in the area was about two feet under the topsoil, expressed concern about drainage problems and loss of oak trees. Commissioner Glass said there was definitely hardpan, but the underdrains at his home were working well. He said the problem with the oak trees was due to Arvida's method of installation. Commissioner Glass. seconded by Commissioner Gleason moved to approve the Preliminary Subdivision Plan for Villages 6 and 7 of Wesmere PUD in accordance with Plans date stamped received by the City on May 9. 1996. Motion carried 4-0. (Commissioner Johnson was absent.) In response to the Mayor's questions about lot size, Mr. Wagner said both projects have standard seven and one half foot side yards, standard front and rear yards of 20 feet, and minimum house size of 1400 square feet. The public hearing was opened for Villages 8 and 9 - Chesire Woods. As no one wished to speak, the public hearing was closed. In response to a comment from Commissioner Glass, Mr. Gary Jahraus, project manager, said the street signs will be changed to be consistent with the existing neighborhood. Commissioner Glass. seconded by Commissioner Gleason. moved to approve the Preliminary Subdivision Plan for Villages 8 and 9 of Wesmere PUD in accordance with Plans date stamped received by the City on May 9. 1996. Motion carried 4-0. (Commissioner Johnson was absent.) Recess: 8:25 p.m. - 8:35 p.m. In response to a citizen's call-in question about what schools the children in the new Wesmere villages would attend, Commissioner Glass said that, as the districts are now, they would attend Windermere Elementary, Lakeview Middle, and West Orange High Schools. He urged those who are concerned about overcrowding in Windermere Elementary to call Bill Spoon, Don Shaw and Bert Carrier at the School Board and Linda Chapin and Bob Freeman at Orange County. He said Ocoee is working with developers to address school needs, but that Orange County was not. He said the school board staff had declined to respond to repeated efforts since November 1, 1995 to arrange a meeting of the school board staff and our planning department to plan appropriate sites for new schools. Mr. Shapiro pointed out that, prior to approval, a copy of every development plan was sent to the School Board planning staff. 4 . . . Ocoee City Commission Regular Meeting May 21, 1996 ORDINANCE No. 96-07, AMENDING BUDGET FOR FY95-96 The ordinance was presented by title only for second reading and public hearing. City Manager Shapiro advised that staff was present to answer questions. Commissioner Glass said he was more concerned with items that had been discussed but not included in the budget, especially the funding of the Deputy City Manager position, and asked what it would cost to include it. Mr. Shapiro said the cost for the remainder of the year would be about $30,000. to $35,000. Commissioner Glass said the position was needed for transitional and redundancy purposes and for backup in emergency situations, especially in light of the City's size, growth rate and the issues to be faced. Commissioner Gleason agreed with the need for a Deputy City Manager position, but suggested funding it in the new budget and having the position filled by the new City Manager. Commissioner Glass said he had confidence in Mr. Shapiro's ability, with the help of the Commission, to find a compatible person for the position. He said he thought it was very important to provide consistency. In further discussion, Mr. Shapiro said a Deputy City Manager could be hired with the understanding that he/she would not be a candidate for the City Manager position when it became available. Mayor Vandergrift pointed out that Commission would have to cut something from the budget as listed in order to add a Deputy City Manager at this time. He also said he advocated having a full time in-house City attorney. Commissioner Glass agreed to opening dialogue about the attorney when the new budget is considered. Commissioner Anderson said he thought Mr. Shapiro would pick the right person to do the job, and that the next City Manager could hire or fire as needed. Commissioner Anderson asked if Commission might hire a contract person as Deputy City Manager and Mr. Rosenthal pointed out possible legal complications if the position were filled with a contract employee. In discussion about funding the Deputy City Manager position, Mr. Shapiro suggested that funds might be taken from contingency. 5 . . . Ocoee City Commission Regular Meeting May 21, 1996 Commissioner Gleason requested staff to provide a job description for Deputy City Manager/Assistant City Manager along with a survey of salary ranges and data on the number of cities comparable in size that have a Deputy City Manager position. Clerk's Note: Mayor Vandergrift left the table from 9:25 to 9:35. Commissioner Gleason chaired the meeting in his absence. In discussion of the $3,000. allotted for a sidewalk to the lakeside entrance of the City Hall Complex, Mayor Vandergrift asked, if there were funds for the sidewalk, if there might also be funds to deal with the acoustics problems in the City Hall lobby . He suggested some possible solutions. Commissioners agreed to decrease the funds allotted for the Municipal Complex Sign from $10,000. to $5,000. and to increase the funds allotted for the City Manager Search from $5,000. to $10,000. There were no other changes. The public hearing was opened. As no one wished to speak, the public hearing was closed. Mayor Vandergrift asked the status of the Kissimmee Avenue/Story Road intersection improvements. Mr. Shapiro said a portion of it would have to be reengineered due to a contaminated area. Mr. Rosenthal said the design was being fine tuned in order to identify the parcels that would need to be acquired. He said the City Engineer would meet with the individual property owners who were affected. If the City Engineer can get a contract signed based upon the appraisals, then we can proceed without the need for condemnation. If he is unsuccessful, resolutions for condemnation will be brought to Commission. Mr. Shira said he estimated the appraisal reports would be in hand within two or three weeks, and, in response to the Mayor's question, said they could count on work to be underway on the improvement of the intersection before the end of 1996. Mayor Vandenrrift. seconded by Commissioner Gleason. moved to approve Ordinance No. 96-07. amending the budget for FY95-96 as presented with one change to decrease funds allocated for the Municipal Complex Sign to $5.000. from $10.000. and to increase the City Manager search fund from $5.000 to $10.000. Motion carried 4-0. (Commissioner Johnson was absent. ) OTHER BUSINESS FIRST READING OF ORDINANCE No. 96-08, SUBSTANTIAL AMENDMENT TO THE PRAIRIE LAKE PUD - LAND USE PLAN - PROJECT No. 86-001. City Attorney Rosenthal read the proposed ordinance by title only. Mayor Vandergrift announced the second reading and public hearing was scheduled for June 4, 1996 at 7:30 p.m. 6 . . . Ocoee City Commission Regular Meeting May 21, 1996 DISCUSSION RE: LIBERTY INvESTMENT PROPERTIES, INC.lSHURGARD INc. APPLICATION WITH ORANGE COUNTY FOR SPECIAL EXCEPTION TO DEVELOP A SELF STORAGE MooW AREHOUSE F ACIUTY. City Attorney Rosenthal presented the staff report. Commissioner Glass asked if the concerns were that the County might reach a settlement agreement with Shurgard adverse to the City's interests. Mr. Rosenthal said that was a concern and that City staff felt the prudent thing to do was to intervene and to be able to at least monitor and be a participant. Commissioner Glass. seconded by Commissioner Anderson. moved to authorize the City Attorney to file a Motion to Intervene in Case No. 96-2561 in the matter of Shurgard/Liberty Investment Properties. Inc. vs. Board of County Commissioners of Orange County. Florida. on the City's behalf pending certiorari action. Motion carried 4-0. (Commissioner Johnson was absent.) APPOINTMENTS TO BOARDS. Code Enforcement Board Commissioner Anderson. seconded by Commissioner Gleason. moved to appoint Code Enforcement Board Alternate Member Bruce Holmes as a full member to complete Mr. Jim Sills' term which will expire January. 1999 and to appoint Mr. Robert H. Godek as an alternate member to complete Mr. Holmes' term which will exoire October. 1998. Motion carried 4-0. (Commissioner Johnson was absent.) STAFF REPORTS None. COMMENTS FROM COMMISSIONERS COMMISSIONER GLEASON: 1. Asked if street lights were included in the plans for the portion of White Road from the Hammocks to Clarke Road. Mr. Shapiro said the lights were not part of the plans. but would be ordered from the utility company when construction of the road was completed. 2. Announced the City's Memorial Day Ceremony to be held on Monday, May 27th at 8:00 a.m. at the Cemetery and 8:30 a.m. at the gazebo on Starke Lake. COMMISSIONER GLASS: 1. Inquired about the possibility of the City filing a petition in the Belmere matter and asked to be kept informed, as he felt it was a very important matter not only to his district but to the City as a whole. Attorney Rosenthal said a Notice of Intent had been filed with 7 . . . Ocoee City Commission Regular Meeting May 21, 1996 Orange County to file a Writ of Certiorari to preserve the City's rights. Based on conversation with staff. it was likely the legal course of action would not be continued. but that DCA would be relied upon to make a finding of non-compliance. Mr. Shapiro said response was expected from DCA by next week. 2. Thanked the coordinators of the Ocoee picnic. Mr. Shapiro noted that Commission Glass' entry, "a made-from-scratch-cherry pie" had won the Bake-Off contest at the picnic. 3. Asked the status of the youth protection ordinance and the bicycle patrol. Mr. Shapiro said that Chief Mark would have both ready for consideration at the next meeting:. Commissioner Glass noted that the ACLU was going to proceed with their challenge of Orlando's youth protection ordinance even though they lost on the preliminary injunction. 4. Congratulated the Odyssey of the Mind team from Ocoee Middle School for the recognition they received in the IBM Golden Circle A wards conference held in Puerto Rico. COMMISSIONER ANDERSON: 1. Said a dumpster was needed at Russell Park. Mr. Shapiro said one would be provided. MAYOR VANDERGRIFT: 1. Encouraged all to send "get well" wishes to former Commissioner Sam Woodson who was back in the hospital. 2. Announced that, in addition to Ocoee's program, he would be participating in a Memorial Day ceremony scheduled at Woodlawn at 9:30 a.m. on the 27th and would be placing a wreath for the City. 3. Thanked everyone who had assisted in the lake clean-up. He said about 25 people had participated and had cleaned up a 25 to 30 foot area. He asked that the City consider acquiring a "chopping machine" to remove hyacinths. Mr. Shapiro will check into the cost of such equipment. 4. Asked about the results of the municipal complex air-conditioning study. Mr. Shapiro said the study should be finished this week and he would check into it. 5. Announced volunteer needs at Ocoee Middle School. Those who wish to volunteer may contact Judy Frank at 877-5035. 6. Read a letter from the Enzian Theater in support of his efforts to save the Starlite Drive- In Theater. He announced a meeting on Wednesday, May 22nd at 8:00 p.m. for individuals who want to support the cause. 8 . . . Ocoee City Commission Regular Meeting May 21, 1996 ADJOURNMENT The meeting adjourned at 10:45 p.m. Attest: 'M 0Ju.' JIJ -IL j J.A (Jbv. ) Manan Green, Acting City Clerk APPROVED: City of Ocoee <5 s:~ ~ s. Scott Vandergrift, May' 9