Loading...
HomeMy WebLinkAbout07-06-04 Minutes MINUTES OF THE OCOEE crrv COMMISSION REGULAR SESSION HELD JUL V 6, 2004 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:1,8 P.M. in the Commission Chambers. Commissioner Parker led in prayer and Keith Hendrix 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, Johnson, and Parker. Also present were Acting City Manager Williford, City Attorney Rosenthal, Assistant City Attorney Horan, City Clerk Grafton, Community Development Director Wagner, Finance Supervisor Carter, Information Systems Director Ross, Principal Planner James, Customer Service Supervisor Sills, Public Works Director Wheeler, and Deputy Public Works Director Zaitooni. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Years of Service Award - Keith Hendrix - 1 0 Years of Service. (Mayor Vandergrift) Mayor Vandergrift presented Keith Hendrix with a gift certificate and plaque of appreciation for his ten years of service to the City. Parks Supervisor Alice Tate-Barnett gave a little history coupled with high praise for the work Mr. Hendrix has done in beautifying the city grounds. Audit and Comprehensive Annual Financial Report for Fiscal Year 2003 - Mr. Elden McDirmit. (Finance Director Horton) Finance Supervisor Carter introduced Elden McDirmit, McDirmit Davis Puckett & Company, LLC, who presented the auditor's comments on the Comprehensive Annual Financial Report (CAFR) for the year ended September 30, 2003. Mr. McDirmit said the City received an unqualified opinion, which is the cleanest or best opinion that can be given for the financial statements and that overall the City's finances are in good order and very stable. Without obiection, Commission accepted the report. COMMENTS FROM CITIZENS/PUBLIC Mavor Vander2rift, seconded bv Commissioner Anderson, moved to pull item B - Quarterlv Financial Report - Second Quarter Fiscal Year 2003-2004 from the consent agenda for separate consideration later in the meeting. Motion carried 5-0. Bob Goll, 215 S. Swope Avenue, Maitland, 32751, president of Maine Street Properties, developer and builder of Forest Ridge Subdivision, distributed a paper concerning his position regarding the requirement for reclaimed water meters and subsequent monthly charges in an area where the City has no plans to provide reuse water. He said he had appeared before this Commission November 18,2003, requesting relief and staff had been directed to come back with a report regarding the impact to the City. He said he had not received any information or response yet. He has spent $25,500 for 51 irrigation meters which will not be used and they are also paying approximately $8.00 monthly per installed meter. City Commission Regular Meeting July 6, 2004 Discussion ensued. Commissioner Johnson said the Ordinance should be changed to not charge the monthly charge until the meter was in use. Commissioner Parker said it should be changed for those who could not use the meter. Without obiection, staff was directed to report back to this Commission by August 17 regular meeting and Mr. Goll was invited back to that meeting. Mayor Vandergrift read an e-mail message from Fran Watts, 43 Shell Key Court, asking if there is going to be a grocery store at the Kash 'N Karry site. Community Development Director Wagner responded he had asked MI Ranchito but had not received a response. He said he thought Save-Rite might be appropriate for that location and Mayor Vandergrift directed him to contact the owner of Save-Rite and inquire. EMERGENCY ITEMS Mayor Vandergrift declared the following to be an emergency item. DATA CONNECTION BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY GOVERNMENT Information Systems Director Brian Ross presented the staff report advising the Commission of the need for a data communications circuit between the City of Ocoee and Orange County Government to provide computer access for the Fire, Dispatch, Police, and Community Development departments. The circuit will cost the City $540 per month for service and $35.60 for installation and setup. Commissioner Johnson, seconded by Commissioner Howell. moved to approve (under protest) the purchasing of telecommunications equipment and services totaling $1.655.60 this fiscal year from Sprint as described by Mr. Ross, and authorizing the execution of all necessary agreements. Motion carried 5-0. Commissioner Johnson advised that, in preparation for Founders Day security, he would like to take Fire Inspector Butch Stanley to The Florida Festivals and Events Association 10th Annual Convention and Trade Show at Delray Beach Marriott on July 14 -16, 2004. He said they would share a room and he would cover Stanley's meals with his credit card, but needed authorization for payment of the $250 registration fee by this Commission. Commissioner Parker, seconded by Commissioner Johnson, moved to approve the request and authorize payment ofthe $250 registration fee. Motion carried 5-0. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Without obiection, Mavor Vander2rift directed staff to make it a policy to put board appointments on the consent agenda except when there is a choice to be made between applicants. Page 2 of8 City Commission Regular Meeting July 6, 2004 CONSENT AGENDA As item B had been pulled from the consent agenda at the beginning of the meeting for separate consideration, the consent agenda consisted of items A, C. D, E. and F. Commissioner Parker, seconded by Commissioner Johnson, moved to approve items A, C, D, E, and F of the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of the Minutes of City Commission Regular Session of June 15.2004; Work Sessions of June 1 and June 16; and Special Session of June 21.2004. (City Clerk Grafton) B. Pulled for separate consideration - See below. C. Approval and Authorization for Expenditure of $11,368.21 for Installation of Street Lights Within the Ocoee Crown Point pun Phase I Development. (Public Works Director Wheeler) As the developer, the City is responsible for the installation of the streetlights within the road right-of- way. The cost for the installation of street lighting is $11,368.21 and includes the fixtures in accordance with the Land Development Code for commercial complexes. The funds to pay for these streetlights will come from the Ocoee Crown Point PUD project fund. This cost will be shared by Orange County Public Schools based upon our agreement for our mutual projects, D. Approval and Authorization of a 90-Day Extension for the Approved Conceptual Plans of Villas at Woods mere - Project #CP-OI-01-04. (Community Development Director Wagner) On March 16,2004, the City Commission approved the conceptual Plan for the Villas of Woods mere. Condition of Approval #2 of that approval stipulates that a Preliminary Subdivision Plan for the project be submitted within 90 days of the City Commission action unless the City Commission grants an extension. The prospective developer of the Villas of Woods mere is requesting a 90-day extension for the Conceptual Approval for this project in order to complete the Preliminary Subdivision Plan. E. Approval and Authorization to Grant a 10' Wide Distribution Easement to Pro2ress Ener2V for Burial of Power Lines on Bluford Avenue, North of McKey Street; and Authorization for Mayor and City Clerk to Execute the Agreement. (Deputy Public Works Director Zaitooni) As a critical component of the McKey Street revitalization project, Progress Energy has agreed to bury the overhead power lines and poles at the intersection of Bluford A venue and McKey Street. The underground duct bank along Bluford Avenue for the burial of the lines between existing service poles will require granting a distribution easement to Progress Energy. F. Approval and Authorization for Retainage of a Gatewav SOLO 2500 Laptop Computer for Use in Diagnostic Operations for Public Works Facilities Maintenance. (Deputy Public Works Director Zaitooni) In FY 03-04 budget, the City Commission approved replacement of a Gateway SOLO 2500 laptop, The intended plan was to surplus the laptop upon replacement; however, the operation of the new air conditioning units in City Hall and Police Department require communication through diagnostic software, which requires a laptop computer. The laptop will not be a part of the City computer network and will no longer be supported by I.S. but will be primarily used for field operations by Public Works. Consent Agenda Item B. Quarterly Financial Report - Second Quarter Fiscal Year 2003- 2004. (Finance Director Horton) This report summarizes financial activity for the period of January 2004 through March 2004. Page 3 of8 City Commission Regular Meeting July 6, 2004 Revenues are being collected as anticipated for all funds and expenditures are being closely monitored and are within expected ranges Mayor Vandergrift raised questions regarding the Financial Report. Finance Supervisor Carter responded and clarified issues as they were raised. Mayor Vander2rift, seconded by Commissioner Anderson, moved to approve the Financial Report as presented. Motion carried 5-0. PUBLIC HEARINGS Barra2an Child Care - Special Exception Case No. I-11-SE-003. (Community Development Director Wagner) , Community Development Director Wagner gave the staff report, displaying the details on the overhead. The petitioner is asking for approval of a Special Exception to allow a Child Care Facility within the Ocoee Flea & Farmer's Market (a.k.a. Thrifty Acres Shopping Center and the Ocoee Shopping Center) that is located in Community Commercial (C-2) District, north of Silver Star Road Extension and west ofOcoee-Apopka Road. Mr. Wagner reviewed the specifications and conditions, noting the DRC had imposed a condition to allow for a minimum of 20 feet between the childcare facility's fenced playground area and the warehouse to the north for the purpose of fire-safety access. The Planning and Zoning Commission recommended approval subject to the conditions contained on the Preliminary Site Plan for Special Exception of a solid vinyl fencing, concrete-filled bollards, and the DRC condition regarding the 20 foot spacing between the fence and the warehouse. There was discussion about the unsightly condition of the area. Without obiection, Staffwas directed to have Code Enforcement to check on the buildings and enforce the Code. The public hearing was opened. Melissa Barragan, 464 Northern Durango, petitioner, said Mr. Costantino had cleaned up the back and has made improvements to the property already. R. P. Mohnacky, 1820 Prairie Lake Boulevard, remarked about the hard surface. The public hearing was closed. Mayor Vander2rift. seconded by Commissioner Johnson, moved to approve the Special Exception for the proposed childcare facility in the Ocoee Shopping Center Space 14 within the Community Commercial (C-2) zoning district subiect to the conditions indicated on the (Preliminary) Site Plan for Special Exception: Ocoee Shopping Center Space 14 date stamped May 27,2004, and the additional condition imposed by the DRC for a minimum of20 feet between the fenced playground area and the warehouse for fire-safety access. Motion carried 5- O. OTHER BUSINESS Page 4 of8 City Commission Regular Meeting July 6, 2004 Approval of Settlement Agreement for Ryan, Inc. Eastern vs. City of Ocoee (City Attorney Rosenthal) Assistant City Attorney John P. Horan gave the details and history of the case and recommended approval of the settlement as this would result in the City paying bout 2% more than the amount of the Engineer's original estimate for the entire project and would approximate that estimate considering the time value of the money that is now being paid. Commissioner Johnson, seconded by Commissioner Anderson, moved to (1) approve the settlement of the lawsuit brought by Ryan Incorporated Eastern against the City and the third party action brought by the City against Florida Power Corporation on the basis of a $600,000 final payment by the City to Ryan Incorporated Eastern with Florida Power Corporation paying the City the amount of $125,000 to be applied towards the settlement and (2) authorize the Mayor, City Clerk and Assistant City Attorney John Horan to sign all documents necessary to implement the settlement including but not limited to the releases, subiect to approval of such documents by the Assistant City Attorney. Motion carried 5-0. Water/Wastewater Fund Analvsis. (Finance Director Horton and Public Works Director Wheeler) (Continuedfrom June 15,2004, Regular Commission Meeting) Finance Supervisor Carter gave the staff report for the Water/Wastewater Fund Analysis and Public Works Director Wheeler presented the Water Usage Analysis. Mayor Vandergrift discussed the usage report and asked for a full report comparing the water pumped out of the ground vs how much is being billed. Customer Service Supervisor Sills reported the City has 82 meters being measured. Discussion ensued regarding the comparisons provided and Mayor Vandergrift said he wanted to see more figures and those should include the reclaimed water usage as well. He said he would like to have a Consumer Advocate on staff to go to the Homeowner Association meetings and to the high users to help them learn how to reduce their usage. Commissioner Johnson suggested using the money being spent for the POWR Program to hire a Consumer Advocate. Without obiection staff was directed to put together a work session to discuss water use. The Commission and the public were invited to contact Public Works Director Wheeler by e- mail at dwheelerCiV,ci.ocoee.fl.us to submit specific questions and issues they wished to have covered in this work session. Review and Update of City's Traffic Policies and Criteria for Implementation of Traffic Calming on Residential Streets. (Deputy Public Works Director Zaitooni) (Continued from June 15, 2004, Regular Commission Meeting) Deputy Public Works Director Zaitooni presented the revised draft of the Traffic Policies and said he had received input from citizens. He reviewed the changes made as a result of remarks made at the last meeting and that of citizen input. Commissioner Anderson suggested including road/traffic calming devices in the next budget. Page 5 of8 City Commission Regular Meeting July 6, 2004 Commissioner Parker read an e-mail message from Robert Kastner, 869 Marlene Drive, strongly objecting to speed bumps. Mayor Vander2rift. seconded by Commissioner Parker, moved to adopt the Traffic Policy as presented. Motion carried 5-0. Recommendation from the Education Commission Regarding Televising their Meetings - Education Committee Chairman David Morris. This item was taken out of agenda order. Mayor Vander2rift, seconded by Commissioner Johnson, moved to approve the request to fund the televising of the Education Commission meetings for the rest of this fiscal year and to include it in the budget for next year. Motion carried 4-0. Commissioner Howell was away from the dais. The Commissioners agreed to approach the rest of the boards and see if they were interested in being televised on a regular basis as well. RECESS 9:05 - 9:12 P.M. Approval and Authorization of $22,000 from Stormwater Operating Contingency for Stormwater Improvements; and Authorization to Award the Reconstruction of the Curb and Gutter to Meadors Concrete Construction, Inc. for $14,000. (Deputy Public Works Director Zaitooni) Deputy Public Works Director Zaitooni gave the staff report and requested approval. Commissioner Howell, seconded by Commissioner Johnson, moved to approve $22,000 (including $14,000 for curb and gutter) from Stormwater Contingency Funds for the drainage improvements on South Lakeshore Drive, and to award the reconstruction of the curb and gutter to Meadors Concrete Construction, Inc. for $14,000. Motion carried 5-0. Discussion Re: Setbacks for Accessory Structure. (Commissioner Howell) Without obiection, Commissioner Howell pulled this item from the agenda. Appointments to Human Relations/Diversity Board (HRDB). (City Clerk Grafton) Commissioner Parker, seconded by Commissioner Anderson, moved to appoint Dorcas Dillard, Phillip A. Lee Fatt, and James Fleming, Sr., with each to serve a two year term ending July 1. 2006 on the Human Relations/Diversity Board. Motion carried 5-0. STAFF REPORTS Acting City Manager Williford reported Louis Rotundo had contacted him regarding a trip on July 20 with Parks/Recreation Director Johnny Farmer to Washington related to the funding for the SeniorN eteran' s Center and he asked if it was the custom for a member of the Commission to go as well. Commissioner Anderson said he planned to attend. Commissioner Johnson, seconded by Commissioner Parker, moved to pay for Commissioner Anderson's trip to Washington for this purpose. Motion carried 5-0. Page 6 of8 City Commission Regular Meeting July 6, 2004 COMMENTS FROM COMMISSIONERS Commissioner Johnson 1) Said he had received word on Sunday of the passing ofOcoee's oldest citizen, Mrs. Willie Field (103 years), and he expressed sympathy to the family. 2) Said he had some brochures he wanted to distribute to the Commission regarding a clock tower he would like to see incorporated into the downtown renovation. Commissioner Anderson advised Jim Fleming he was forwarding the phone message he had called in regarding speeding on Orange A venue from Flewelling to Silver Star Road to the right person to handle. Commissioner Howell thanked Public Works for providing the big cooker for his church cookout. Mayor Vandergrift said he had distributed papers just prior to this meeting regarding the proposed amendment to the County Charter relating to school overcrowding and he reported on the current status. He said, if there were no objections, he would continue to maintain this Commission's policy regarding infrastructure. Commissioner Anderson said he had been waiting for the committee (as suggested by Rob McKey) concerning impact fees and it has been about three months since it was authorized. He said if there is to be no meeting within the next two months he wants to move forward with adopting the fees staff had proposed and come back and change them after the committee meets, if necessary. Commissioner Johnson said he wants to consider the fee schedules as well. Commissioner Parker recalled that staff had been directed to tell this Commission what the makeup would be of a committee that would study and recommend what the impact fees should actually be, and the plan was to have all the developers, etc. come in and say (after the argument is done) what they could live with. However, no information or recommendation has come regarding what the makeup of that committee should be. Commissioner Anderson, seconded by Commissioner Parker, moved to direct staff to move forward with scheduling advertised public hearings per the staff recommendations on impact fees. Motion carried 3-2 with Mayor Vandergrift and Commissioner Johnson voting no. City Attorney Rosenthal said they could have the ordinances ready for a first reading at the August 3 meeting. Mayor Vandergrift said Mrs. Kelly, 525 North Lakewood Avenue, has contacted him regarding a problem with a department. City Attorney Rosenthal said his research showed this Commission had previously granted a special exception for this address so Mrs. Kelly will be able to do that which she had petitioned to do. Commissioner Howell said there is a problem in his district with drug rehab houses bringing down the value of homes in the neighborhood, and the State has passed a bill that overrides the City ofOcoee's home rule. He said he will go to the State Legislature to appeal. Commissioner Page 7 of8 City Commission Regular Meeting July 6, 2004 Parker recalled when the bill was passed there were limitations on the number of rehab houses within certain distances, and if this limitation was being violated it should be investigated. She asked for a report. ADJOURNMENT The meeting adjourned at 10:30 p.m. Attest: APPROVED: City of Ocoee ~:<'C-:C""'" , '. t c- / S. Scott Vandergrift, Mayor Page 8 of8