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HomeMy WebLinkAbout11-04-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD NOVEMBER 4, 2003 6:45 P.M. Ocoee Firefighters IAFF Local 3623 Presentation Commissioner Anderson hosted the presentations of monies earned at the boat races: Ocoee Computer Club to Ocoee IAFF #3623 Florida Outboard Association to Ocoee IAFF #3623 Ocoee IAFF #3623 to a. Mayor for picnic tables b. Ocoee Woman's Club c. Professional Engineers Corp - for course survey d. Health Central Ambulance REGULAR CITY COMMISSION MEETING CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 18 p.m. in the Commission Chambers. Commissioner Anderson 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, Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Building Official Phelps, City Clerk Grafton, Community Development Director Wagner, Fire Chief Strosnider, Human Resources Director Diedrich, Information Systems Director Ross, Parks/Recreation Director Farmer, Police Chief Goclon, Principal Planner James, and Public Works Director Wheeler. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Proclamation - General American Education Week - November 16,2003 Mayor Vandergrift read the proclamation proclaiming November 16 - 22 to be General American Education Week. This was taken out of af!enda order COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson announced the Veteran's Day program at the Gazebo November 11 at 11 :00 a.m. with Colonel Joe Kittinger (Ret.) as the guest speaker. Mayor Vandergrift displayed on the overhead a series of pictures he had made of the heavy equipment working to clear the land on the new Ocoee High School site. He followed that presentation with pictures submitted by Alexander Vance, aged 7 years, who had sent a letter to the Mayor regarding a minnow that had moved into a coke can in the lake and had grown too large to exit through the opening. Alexander's father had opened the can to free the minnow and Alexander wanted to let people know they should be more careful about throwing things in the lake. Ocoee City Commission Regular Meeting November 4, 2003 COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court, expressed her appreciation for her family and friends, and for the attention the City pays its senior citizens in so many ways. She said the senior Thanksgiving program will be November 20 at 1 :00 p.m. and she asked that it be videotaped to be broadcast over Channel 10. OPEN DISCUSSION FROM CITIZENS REGARDING THE INCREASED WATER RATES A number of citizens had received high water bills because of the increase in water rates that became effective October 1, and some of them were present to express their views and/or ask for help. Others simply wished to state their opinions about how the increase was handled. The following citizens addressed the Commission and filled out speaker forms. District 1 None District 2: Mike Lucas, 407 578-1500 1847 Rachels Ridge Loop Rosemary Wilsen, 407 298-1574 1019 Shady Maple Circle E-Mails: Jose Iglesias, 400 Misty Meady Drive, iosigles@msn.com Lives in area not scheduled for reclaimed water, but has two meters. Wants someone to explain to him why he should not feel this is unfair that he will be paying more for the same volume of water than those on reclaimed water will pay. Don Covey, 889 Keaton Parkway, Admiral Pointe, dgcovey@cfl.rr.com Thinks City should have used more economical means to advise of rate increase. Melinda Covey, 889 Keaton Parkway, Admiral Pointe, mcovevl@cfl.rr.com Thinks the rate increase should have been explained CLEARL Y. Thinks Council should have given them the option of reclaimed water. District 3: None District 4: Elaine Concepcion, No phone listed 2711 Coventry Lane Moulton Poplin, 407 292-1816 2622 Coventry Lane 2 Ocoee City Commission Regular Meeting November 4, 2003 Charlene Robey, 407 298-0865 2618 Coventry Lane Candi Eberle, 407-521-7230 2621 Coventry Frank Siaio, 407 292-7922 2640 Cedar Bluff Lane Randy St. Clair, 407 523-7827 2701 Kris Crossing, Asked someone to call on their cell phone to help with water: 407 970- 8815 After hearing the comments of those present and reading the e-mails sent in, Commissioner Parker pledged to work with the citizens who needed help to get their water bills under control. City Manager Gleason reported on the history of the notices to the citizens and the efforts made by this Commission and the employees to educate the citizens to conserve water through the POWR Program and other means. Commissioner Howell said the rates did have to go up, but he felt the rates were higher than necessary to satisfy the SJRWMD requirement for block rates. He said he had talked with Ted Sauerbeck in the Office of the Auditor General, who had assured him he had been misinformed about the state's taking over when a city's utility fund situation is bad. He said they look at the whole picture and send an advisory group in to make recommendations. Commissioner Johnson said if that was the will of this Commission he would move to change back to the old rates, but that this Commission would have to be prepared to live with the consequences. After a brief exchange regarding the effects of reducing the rates, City Attorney Rosenthal advised that at the next meeting a public hearing is scheduled regarding a utility bond issue and if the Commission is considering changing the rates, that should be looked at now and the issuing of bonds be postponed, as the City's credibility in the bond market would be questioned if the City attempted to lower rates after the bond issue. He described the procedure and asked for direction. Commissioner Anderson read a message from Angela Sampaio, 519 Shoal Creek, regarding her bill and said he would give it to Cathy Sills. Mayor Vandergrift read a message from Myrna Maher, 1935 Rachel's Ridge Loop. Frank Ceano, 2640 Cedar Bluff Lane, said he has lost confidence in the meters and the meter readers. Mr. Gleason said he would send the utility staff into the Coventry Subdivision to check out the area. 3 Ocoee City Commission Regular Meeting November 4, 2003 Mayor Vandergrift said he felt the rates were punitive and he proposed using his program (which would be more reasonable) and teaching the citizens how to conserve. He added he had asked for a report on the City's internal water use and still has not received it. He passed his plan to the clerk for the file. Commissioner Howell said he would like to see the results if Mayor Vandergrift's figures were calculated. Mr. Gleason said he would see that the report was done. Commissioner Anderson said he wants to not take action at this time and see if the current rates make a difference in the usage. Mayor Vandergrift read an e-mail message from Jim and Brenda Hooker, 1616 Ison Lane, ibdolphins@cfl.rr.com that included pictures of a city retention pond and asked that someone take care of this before it gets out of control. RECESS 9:20 - 9:34 P.M. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF CITY 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. The consent agenda consisted of items A, B, C, D, E, and F. Commissioner Anderson pulled items E and F for separate consideration. Mavor Vander!!rift nulled items Band C for senarate consideration and moved to anDfove the consent agenda excent for those items. Commissioner Howell. seconded bv Commissioner Anderson moved to amend the motion to exclude items E and F as well.. Motion carried 4-1 with Commissioner Johnson voting no. Vote on the original motion as amended was 4-1 with Commissioner Johnson voting no. A. Approval and Acceptance of Minutes of City Commission Regular Session of October 21, 2003. (City Clerk Grafton) B. Pulled for separate consideration. See below. C. Pulled for separate consideration. See below. D. Approval and Authorization to Issue a Special Event Permit for the Temporary Closing of a Portion of A.D. Mims Road for a Homecoming Parade. (Building Official Phelps) This event will be held on November 22,2003, from 10:00 a.m. to 10:25 a.m. and the applicant understands the requirements: 1) All residents that will be affected by the road blockage must be notified in advance; 2) Health Central Ambulance must be notified of the road closure in advance; 3) An emergency land must be maintained at all times; and 4) Proper barricades must be used for blocking the road. E. Pulled for separate consideration. See below. F. Pulled for separate consideration. See below. 4 Ocoee City Commission Regular Meeting November 4, 2003 B. Approval and Authorization for Mayor and City Clerk to Execute Chanf!e Order No. lR-2 to Wharton-Smith. (Fire Chief Strosnider) Change Order No. l-R-2 represents the additional work requested by the City to meet the drainage requirements of the Lake Lotta Basin Study. The proposed fee for this change order is $69,012.10 with $54,190.78 coming from Engineering (Storm Water Reserve) and $14,821.32 coming from Fire Station (Contingency). After brief discussion with questions raised by Mayor Vandergrift and responses from Fire Chief Strosnider and Public Works Director Wheeler, Mavor Vander!!r4ift. seconded bv Commissioner Howell. moved to aODfove item B with funds to come from the Storm Water R & R fund. Motion carried 5-0. C. Approval and Authorization to Amend Existing Policy to Sif!n Release of Lien Documents. (Building Official Phelps) Should the existing policy be amended to allow the Mayor or Mayor Pro-Tern to sign release of lien documents when the established Code Enforcement Board fines and costs, or weed code violations are paid in full. This amendment would expedient the release of a lien upon payment of all monies and would reduce staff time. Mayor Vandergrift said he felt a charter change was required to add the Mayor pro tern as a signor of official documents for the City. City Attorney Rosenthal suggested deleting the reference to Mayor pro tern and adding City Clerk, as the signing of a release of lien was an administrative procedure that need not come before the Commission for action and this would provide the appropriate authorization for the signatures. Commissioner Howell. seconded bv Commissioner Anderson. moved to amend the existim! oolicv to shm release of lien documents bv authorizim! the Mavor and Citv Clerk to execute release of lien documents when the established Code Enforcement Board fines and costs. or weed code violations. are oaid in full. Motion carried 5-0. E. Approval and Authorization to Waive the Formal Bid Process for Network Upgrades. (Information Systems Director Ross) Authorization for staff to waive the formal bid process and authorize purchase of network equipment by piggybacking off the Florida State Contract 250-000-03-1 that was CIP budget approved in the amount of $15,900 for network upgrades which are the final phase of the network modernization project. Commissioner Anderson raised several questions to which Information Systems Director Ross responded. Commissioner Anderson. seconded bv Commissioner Howell. moved to aODfove item E with the amendment to usinQ: this state contract "or its successor." Motion carried 5-0. F. Approval and Authorization to Waive the Formal Bid Process for Computers. (Information Systems Director Ross) Authorization for staff to waive the formal bid process and authorize purchase of Dell computers from the Florida State Contract 250-000-03-01. Dell's state contract pricing is the lowest of all possible vendors and continuing to purchase Dell computers also helps keep support costs minimized as we standardize on one vendor across the City for this fourth and last phase of the computer upgrade cycle 5 Ocoee City Commission Regular Meeting November 4, 2003 Commissioner Anderson expressed concern with staying with this vendor. Commissioner Parker. seconded bv Commissioner Parker. moved to aoorove item F as oresented. authorizim! staff to waive the formal bid orocess and authorizinl! ourchase of Dell comouters from the Florida State Contract 250-000-03-01. Motion carried 4-1 with Commissioner Anderson voting no. PUBLIC HEARINGS Resolution No. 2003-22, Adelphia Cable Television Franchise Agreement (Assistant to the City Manager Shira) City Attorney Rosenthal read the title only of the Resolution and recommended continuing this public hearing until the November 18 meeting. The public hearing was opened. Commissioner Johnson. seconded bv Commissioner Parker. moved to continue the oublic hearinl! for Adelohia Cable Television Franchise Al!reement until November 18. 2003. at 7:15 o.m. or as soon thereafter as oractical. Motion carried 5-0. Second Reading of Ordinances (Community Development Director Wagner) Byblos Development/West Oranf!e Professional Center (Continuedfrom October 21, 2003) Ordinance No. 2003-40, Annexation Ordinance City Attorney Rosenthal read the title only of Ordinance No. 2003-40. Community Development Director Wagner stated the staff report had been given at the October 21 meeting. The public hearing was opened. Chip Bolschers, 3700 34th Street, Orlando, representing Byblos, said he was delivering the signatures of the four property owners and the signature from Suntrust would be delivered tomorrow. The public hearing was closed. Commissioner Parker. seconded bv Commissioner Johnson. moved to aoorove Ordinance 2003-40 annexinl! the subiect orooertv into the Citv. subiect to the execution of an Annexation Al!reement. Motion carried 4-0. Commissioner Howell was away from the dais. Ordinance No. 2003-41, Initial Zoning City Attorney Rosenthal read the title only of Ordinance No. 2003-41. The public hearing was opened and, as no one wished to speak, was closed. 6 Ocoee City Commission Regular Meeting November 4,2003 Commissioner Parker. seconded bv Commissioner Johnson. moved to adoot Ordinance No. 2003-41 zonin2: the subiect orooerties C-2/Communitv Commercial. Motion carried 4-0. Commissioner Howell was away from the dais. Annexation Agreement City Attorney Rosenthal said this agreement insures the properties in Phases 1 & 2 (developed under Orange County standards) and the newer property on Phase 3 (that will be developed under Ocoee standards) are compatible with each other and also insure the entire West Orange Professional Center is compatible with the proposed development plans in the surrounding area. It provides for $175,000 payment to the City in lieu of road, police and fire impact fees for the existing development in Phases 1 & 2. The development will be connected to the City's water/sewer system and will be paying regular water/sewer connections and any other impact fees. Commissioner Parker. seconded bv Commissioner Johnson. moved to aoorove the Annexation A2:reement as oresented and authorize the Mavor and Citv Clerk to execute. Motion carried 5-0. OTHER BUSINESS Kane's Furniture at Ocoee, Alternative Road Impact Fee Calculation. (Planning Manager Lewis) Community Development Director Wagner gave the staff report, advising that Kane's Furniture had agreed to limit the use of the building to a furniture store only for 50 years, because of a waiver to allow fewer parking spaces than would normally be required for a retail building of its size. The Code allows an Applicant to propose an alternative road impact fee calculation for a new development project if the Applicant believes that the impact of the new development will be less than that derived using the standard schedule of fees provided in the Code. An alternative road impact fee calculation for Kane's Furniture, using the rate suggested by the City's Traffic Consultant, which is $905.41 per 1,000 square feet ($54,3234.60), has been agreed to by the developer, but must be approved by the City Commission. Commissioner Howell. seconded bv Commissioner Parker. moved to aoorove the orooosed alternative road imoact fee calculation of$905.41 oer 1.000 sauare feet for a total road imoact fee of$54.324.60 for Kane's Furniture at Ocoee. based on the Aoolicant's a2:reement to limit the use of the buildin2: to a furniture store onlv for 50 vears. subiect to an administrative review of the rate if the Citv Commission increases the rate schedule orior to issuin2: a buildin2: oermit. Motion carried 4-1 with Commissioner Anderson voting no. First Reading of Ordinances (Second Readings and Public Hearings will be held on November 18,2003) City Attorney Rosenthal read the title only of each of the following ordinances in turn. At the end of the reading Mayor pro tem Anderson announced the second readings and public hearings were scheduled for November 18 at 7: 15 p.m. or as soon thereafter as practical. EQuimax Realty. Inc. (Community Development Director Wagner) 7 Ocoee City Commission Regular Meeting November 4, 2003 Ordinance No. 2003-46, Annexation Ordinance No. 2003-47, Initial Zoning Cemetery adioininf! Forest Ridf!e (Community Development Director Wagner) Ordinance No. 2003-44, Annexation Ordinance No. 2003-45, Initial Zoning T. Milton West-606 Ocoee Apopka Road (Community Development Director Wagner) Ordinance No. 2003-48, Annexation Ordinance No. 203-49, Small Scale Comprehensive Plan Amendment Ordinance No. 2003-50, Initial Zoning T. Milton West-531 Ocoee Apopka Road (Community Development Director Wagner) Ordinance No. 2003-51, Annexation Ordinance No. 2003-52, Small Scale Comprehensive Plan Amendment Ordinance No. 2003-53, Initial Zoning T. Milton West-850 Ocoee Apopka Road (Community Development Director Wagner) Ordinance No. 2003-57, Annexation Ordinance No. 2003-58, Small Scale Comprehensive Plan Amendment Ordinance No. 2003-59, Initial Zoning T. Milton West-888 Ocoee Apopka Road (Community Development Director Wagner) Ordinance No. 2003-54, Annexation Ordinance No. 2003-55, Small Scale Comprehensive Plan Amendment Ordinance No. 2003-56, Initial Zoning First Amendment to Development Af!reement with Manheim Remarketing Limited Partnership (Florida Auto Auction). (City Attorney Rosenthal) City Attorney Rosenthal explained in November 2000 the City entered into an agreement with Florida Auto Auction with respect to some improvements they were making. At that time Florida Auto Auction made a financial contribution to the City to go towards certain improvements to Maguire Road north of State Road 50, which is now referred to as Maguire Road Phase 5. At that time it was anticipated construction ofthat project would be underway in November 2003. Now that anticipated time to commence has been moved forward to November 2005. This amendment cleans up the time line in the Developer Agreement so it corresponds with the timeline of the City. Staff recommended approval. Commissioner Johnson declared a conflict of interest as he is employed by Florida Auto Auction; therefore he would abstain from voting on this issue. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to aODfove the First Amendment to the Develooment Al!reement with Florida Auto Auction of Florida. Proiect Number LS-00-008 between the Citv and Manheim Remarketinl! Limited Partnershio and 8 Ocoee City Commission Regular Meeting November 4, 2003 authorize execution thereofbv the Mavor and Citv Clerk. Motion carried 4-0. Commissioner Johnson abstained from voting. Bus Shelter Af!reement with Culver Amherst (City Attorney Rosenthal) City Attorney Rosenthal directed attention to the revised Bus Shelter Agreement and staff report that had been distributed just prior to the meeting. Staff recommendation was to place any proceeds from the agreement in a fund for MVP Grants and Community Grants. Mavor Vander!!rift. seconded bv Commissioner Howell. moved to aoorove the AQreement with Culver Amherst as oresented and to authorize the Mavor and Citv Clerk to execute. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to amend the motion to out the oroceeds into the Qeneral fund. Motion carried 5-0. Motion as amended carried 5-0. Commissioner Johnson. seconded bv Commissioner Parker. moved to use the Victorian Stvle to QO with the orooosed stvle in downtown Ocoee. Motion carried 5-0. Commissioner Parker said in her neighborhood there has been discussion about whether or where to place bus shelters and she thought it would be appropriate to work with the homeowner associations in each neighborhood. Discussion of Commission Action October 21, 2003, Regarding the "Police Take Home Vehicle Policy". (Commissioner Howell) Commissioner Howell said many hours have been invested in this issue and the motion made at the last meeting for the Policy to cover three miles from the Police Department does not get the area outside the City at all, so he wished to readdress the Policy. Discussion ensued about the reasons for the decisions made and possible alternatives. Commissioner Howell. seconded bv Mavor Vander!!rift. moved to amend the Take Home Vehicle Policv to include a 5 mile buffer from the citv boundaries instead of the 3 mile radius from the Police Deoartment. as adooted at the orevious meetinQ. Motion carried 3-2 with Commissioners Johnson and Parker voting no. ST AFF REPORTS City Manager Gleason said he had been negotiating with Mr. Doss for the purchase of his property and his price of $35,000, although above the appraised price, could provide better expansion of the drainage for the new firehouse. Commissioner Johnson. seconded bv Commissioner Parker. moved to direct staff to neQotiate for $32.500. and brinQ back a contract for aooroval. Motion carried 3-2 with Commissioners Anderson and Howell voting no. City Manager Gleason advised the CSX and RR line is looking for options for expanding routes and he asked for direction regarding alignment. Mayor Vandergrift said he would like to 9 Ocoee City Commission Regular Meeting November 4, 2003 have time to review the paperwork before giving direction and this will be put on the November 18 agenda. Mr. Gleason proposed having a contract with West Orange High School pledging a lump sum to the school to be distributed among the many organizations that approach this Commission for donations rather than having each of the organizations within the school come in separately. Without objection, he was directed to bring this back on the December 2 meeting and include all the schools. COMMENTS FROM COMMISSIONERS Commissioner Parker asked that the agenda packets be available on Wednesday and that the Commissioners have all their questions answered before the meeting. Commissioner Anderson announced the Veteran's Day program at the gazebo again. Commissioner Howell thanked Public Works for helping with Glad Tidings' fall festival again. Mayor Vandergrift: 1. Said it was the Commission's duty to ask questions in public. 2. Asked Code Enforcement to do something about the US Brick and Block Company on the northeast comer of Blackwood and Highway 50, as they are building blocks on the premises. Building Official Phelps said they have discussed it and have been holding off because there is some proposed development coming there that will clean it up. He said he could meet with them and ask them to clean up their operation. Then if the development does not come forward in a timely manner he would ask them to screen the area. 3. Said again the plants on the porch need to be watered or buried. 4. Said the lights on the porch and fountain and the irrigation systems need to be adjusted for daylight savings time. ADJOURNMENT The meeting adjourned at 11 :21 p.m. Attest: APPROVED City of Ocoee S. Scott Vandergrift, Mayor 10