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HomeMy WebLinkAbout01-21-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR SESSION HELD JANUARY 21, 2003 A video entitled STATE OF THE CITY MESSAGE, presented by Mayor Vandergrift, was shown in the commission chambers at 6:30 P.M., followed by refreshments in the lobby. CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:20 p.m. 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 (arrived at 7:28 p.m.), Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Assistant City Attorney Doty, City Clerk Grafton, Community Development Director Wagner, Information Systems Director Ross, Parks/Recreation Director Farmer, Police Chief Goclon, Public Works Director Wheeler, and Senior Planner Grimms. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Certificate of Appreciation presented to WalMart - Police Chief Goclon Police Chief Goclon presented a Certificate of Appreciation to Gayla Burgess, General Manager of WalMart, for the donation to the Police Department from WalMart in the amount of $1,675.00, which represented a percentage ofWalMart's receipts on their Holiday Charity event following Thanksgiving Day. CONSENT AGENDA The Consent Agenda consisted of items A, B, C, D, E, and F. Commissioner Anderson pulled item C for separate consideration. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of January 7,2003. (City Clerk Grafton) B. Approval and Authorization for the Mayor and City Clerk to Execute the Sidewalk Easement Agreement and the Non-Exclusive Temporary Easement Agreement with Dr. Mark T. Machuga, Professional Association, and Authorization for the Payment to Dr. Machuga in the Amount of $3,856.75 and to Lynn Walker Wright in the Amount of $250.00. (Assistant City Attorney Doty) Based on the Project Design prepared by PEC for the Professional Parkway/Old Winter Garden Road Widening Project, the City needs to acquire a Sidewalk Easement and a Non-Exclusive Temporary Easement from Dr. Mark T. Machuga, P.A., a property owner along Professional Parkway. Dr. Machuga has agreed to convey these interests to the City for $439.50 (for the Sidewalk Easement) and $3,417.25 (for the Temporary Construction Easement) and $250.00 in attorneys' fees. D. Approval and Authorization to Award Bid B03-03 Purchase of One Reel Mower to Wesco Turf Supply for the amount of $18,840.86. (Buyer Tolbert) Ocoee City Commission Regular Meeting January 21, 2003 The Capital Improvement Plan includes $20,000 for the lease-purchase of one new reel mower for the Parks & Recreation Department with $5,000 budgeted for the first year's lease payment. Wesco Turf Supply submitted the sole response to the advertising of the bid. Staff recommends approval and requests authorization to proceed with the procurement of this equipment. E. Approval and Reappointment of Members of CACOPD Whose Terms End February 1,2003. The following members terms end February 1,2003, and they are willing to serve another 3-year term if appointed: Sherrall Applegate, Mel Shaner, Jim Sills and Gene Snow. The terms of Ruth Aycock, Phil Fiedler and Tom Slimick end February 1 as well, but they do not wish to be considered for reappointment. Reappointment of the four named above will leave the membership ofCACOPD at 22 of25 possible members. F. Approval and Authorization to Purchase a Kiosk to be Placed in the POWR Park. (Assistant to the City Manager Shira) Last year the City ofOcoee partnered with St. Johns River Water Management District to design and build the POWR Park located along Bluford Avenue in front of City Hall. Showcasing plants that are either native to Florida or drought tolerant, it serves as a demonstration project for what people can plant in this area to help conserve water. Staff would like to add a kiosk in the park in order to provide general information on the POWR Program, and specific information about the plants in the park. Three proposals were received for different types of structures. Staff recommends purchasing the kiosk from RCP Shelters, Inc. for $4,200. There is a current balance in the POWR account of $1 0,000. Mavor Vander!!rift. seconded bv Commis~ioner Anderson. moved to aDDrove items A. B. D. E. and F of the consent alZenda. Motion carried 4-0. Commissioner Howell had not yet arrived. This item was considered separately C. Approval and Authorization to Waive the Rental Fee of the Jim Beech Recreation Center for the Orange County Sheriff's Department to Hold a Wrestling Match. (Parks/Recreation Director Farmer) The Orange County Sheriff s Office is requesting to use the Beech Recreation Center on Saturday, March 1,2003, from 12:00 p.m. to 12:00 a.m. to host a professional wrestling match. That Office will receive 50% commission of the first 400 tickets and 80% on anything above this along with 100% of the concession sales for the event. Those proceeds will go to the American Cancer Society's Relay for Life. They ask that the fees be waived for this event. Upon Commission approval Staff will ensure the event is covered with general liability insurance with the City listed as an additional insured. Commissioner Anderson. seconded bv Commissioner Parker. moved to aDorove item C. of the consent alZenda. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Page 2 of 10 Ocoee City Commission Regular Meeting January 21, 2003 Mayor John Vanderley, Town of Oakland, addressed the Commission regarding the design of SR50, the West Orange/South Lake Transportation Task Force, and the rail siding at Florida Auto Auction, asking that Ocoee stay on board with the Task Force. Mavor Vander!!rift. seconded bv Commissioner Parker. moved to authorize th~ $5.000 exDenditure that is budlZeted and with the stiDulation that the committee be urlZed stronlZlv to lZive consideration to the allocation. Motion carried 5-0. Frances Watts, 43 Shell Key Court, expressed her disappointment that the street crossing guards had been omitted again from the State of the City address. She also said the card room is wonderful with new tables and chairs and she asked that they not be lent out so they will continue to look good. Cathie Starn, 408 Kaila Court, asked about the Florida Auction cars parked on city property and asked what happened to the 5% of land dedicated to the city for recreation by developers. City Manager Gleason and Commissioner Parker responded to her questions. R.P. Mohnacky, 1820 Prairie Lake Blvd., reported a problem with the timing on the traffic light at the intersection of Clarke Road and A. D. Mims Road. Mr. Gleason will have it checked. Rosemary Wilsen, 1019 Shady Maple Cir., expressed concern that the Commission would consider payment of Commissioner Anderson's legal fees (or any bill) without seeing the paperwork first, as it appeared to be happening at the last meeting. Commissioner Parker clarified for her that the document that was asked for was the letter from the Commission on Ethics, but the results had already been announced in the paper, and the Commission had seen the invoice. City Manager Gleason addressed the Commission on Communication. Mayor Vandergrift asked for a verbatim transcription of his comments and said he would respond at the February 4 meeting. Commissioner Parker and Commissioner Anderson added comments and Mayor Vandergrift requested a verbatim transcription of their remarks as well. Recess 8:17 - 8:31 p.m. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell stated he would make his comments at the end of the meeting. Commissioner Anderson thanked the Mayor and Staff for the great State of the City address. He said it was very well done and he thought the Citizens would appreciate the information. Commissioner Johnson said the lights are still not working on Maguire Road. He said Mr. Fazio is in a wheel chair and has to cross at Maguire and Roberson Road and at Maguire and 50. Chief Goclon asked if the light cycles were long enough. Commissioner Johnson replied even if they were, people were running the red lights. Public Works Director Wheeler asked ifit was the section south of the bridge. Commissioner Johnson indicated it was and Mr. Wheeler advised he would contact Florida Power and Orange County as they were already supposed to have taken care of it last week. Page 3 of 10 Ocoee City Commission Regular Meeting January 21, 2003 Commissioner Parker gave a brief report on her meeting with Orange County Commissioner Jacobs. She said Police Chief Goclon and Building Official Washington had attended with her, and they also met with Director of Environmental Services, the Acting Director of Animal Control, and the Assistant Director of Animal Control to work on getting better response from them and to work with our staff regarding reported strays. She said the SpaylNeuter Bus would continue to come to Ocoee on a regular schedule. It can be advertised on Channel 10 as well as the City's web page. Commissioner Parker said that Orange County Animal Control is very short handed and the night shift has only one person for the entire county. She said Commissioner Jacobs has agreed to address this issue in the budget. She said they would meet again in six months, and they may consider forming a West Orange County Zone of animal control. Mayor Vandergrift 1. Wished Mrs. Fields a Happy 102nd birthday. He encouraged anyone in the audience who so desired to give her a call and wish her a happy birthday. He said he had written a proclamation proclaiming January 7, 2003, Mrs. Fields Day in Ocoee. 2. Stated he was invited as a representative of the Council of Mayors to attend a meeting in West Palm Beach regarding school concurrency. He said the County was willing to undertake a study re: school concurrency. He said it was a 4-year ordeal for Palm Beach County. Commissioner Parker asked about not being able to bond for schools until they are full. Mayor Vandergrift stated he would leave the "plethora of information" with Gee and she would copy it for anyone who wanted it. Lester Dabbs, 619 Caborca Ct., said that in 1991 Broward County enacted the school concurrency legislation and it was subsequently declared unconstitutional. He asked if that had been mentioned at the meeting and if so why was it unconstitutional and what are they doing differently. Mayor Vandergrift stated he did not recall any discussion regarding Broward County . PUBLIC HEARINGS Second Reading of Ordinance No. 2003-02, Crown Point Annexation. (Continued/rom January 7, 2003) (Community Development Director Wagner) The subject property is located approximately 650 feet west of the intersection ofOcoee-Apopka Road and the Western Beltway (SR429). The 14-acre parcel is vacant, formerly used as a citrus grove. The West Orange Trail (50 feet wide) traverses the subject property in a northeast- southwest alignment. This parcel would become part of the proposed Crown Point PUD mixed- use development, which encompasses approximately 368 acres of the former Coca Cola property . City Attorney Rosenthal read the title only of Ordinance No. 2003-02. Community Development Director Wagner gave the staff report, advising that the Development Review Committee, Planning and Zoning Commission, and Staff recommend adoption of Ordinance No. 2003-02, and annexing the parcels described therein. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson. seconded bv Commissioner Johnson. moved to adoDt Ordinance 2003-02 Der staff recommendation. Motion carried 5-0. Page 4 of 10 Ocoee City Commission Regular Meeting January 21, 2003 Wentworth & Westchester, Project No. LS-99-008, Preliminary/Final Subdivision Plan Amendment. (Community Development Director Wagner) During most of the review process this subdivision was known as Prairie Lake PUD, Tract "E." As it was completing the review process, the single family home portion of the subdivision, containing 60 lots, was named Westchester and the town home portion, containing 106 lots, was named Wentworth. The Preliminary Subdivision Plan, approved November 2000, included a note and a Condition of Approval indicating that the Developer will construct left and right turn lanes into both Clarke Road entrances. The Final Subdivision Plan, approved February 2002, showed left and right turn lanes at both Clarke Road entrances, consistent with the approved Preliminary Subdivision Plan. Mr. Jeff Perlman, Ryland Homes, has proposed an amendment to the Preliminary and Final Subdivision Plans, requesting to not construct the two south-bound left turn lanes at the Clarke Road entrances at this time, and to construct only the right turn lanes. Staff recommended denial of the requested amendment. Although the staff report indicated he proposed making a monetary contribution to the City for the future construction of the left turn lanes when Clarke Road is widened to four lanes, Mr. Perlman said he had not offered any money. There was lengthy discussion regarding the cost of completing the lanes at current prices and the cost of delaying the completion of the lanes until the road is widened in the future, and just whose responsibility it should be to bear the cost. Ultimately a suggestion was made to split the difference in those two figures with Mr. Perlman, and insert $45,000 in the blank space in the Attorney's staff report. In his staff report, Assistant City Attorney Cookson had prepared an additional condition of approval to be added to the revised Preliminary Subdivision Plan and the revised Final Subdivision Plan which stated in part".. .At the request of the Developer, the City has agreed that in lieu of the Developer designing, engineering, permitting and constructing the aforementioned southbound left turn lanes at both entrances on Clarke Road (the "Turn Lane Improvements"), the Developer has agreed to pay to the City the sum of $ (the "Turn Lane Payment") within thirty days of final approval of this plan. The Developer shall not be entitled to receive any Certificates of Occupancy on the property prior to the date of payment of the Turn Lane Payment. ..." When the public hearing was opened, Max Jacobs, Jr., 2247 Mountain Spruce Street, R. P. Mohnacky, 1820 Prairie Lake Boulevard, and J. Lester Dabbs, Jr., 619 Caborca Court, addressed the issue. The public hearing was closed. After a lengthy discussion and prior to the vote, City Attorney Rosenthal said Mr. Perlman indicated the condition of approval as contained in the City's staff report is acceptable with the insertion of $45,000 in the blank space. Mayor Vandergrift asked the Developer if that was correct and the Developer responded yes. Commissioner Parker. seconded bv Commissioner Howell. moved to recommend aDoroval of the Plan Amendment with the condition of aDDroval referenced in Assistant City Attornev Cookson's staff reDort dated December 20. 2002. with the blank beinlZ comDleted with $45.000.00. Motion carried 3-2. Commissioners Anderson and Johnson voted no. Page 5 of 10 Ocoee City Commission Regular Meeting January 21, 2003 OTHER BUSINESS Resolution No. 2003-01, Relating to Acquisition by Eminent Domain of a Parcel Owned by the Unknown Heirs of J. H. Sadler for the Professional Parkway/Old Winter Garden Road Widening Project. (Assistant City Attorney Doty) Based on the final project design prepared by PEC, the City needs to acquire a portion of the Orange County property located on the north side of Old Winter Garden Road directly north of the Hempel Avenue intersection. After the Interlocal Agreement between the City of Ocoee and Orange County Board of County Commissioners had been approved it was discovered that when the property was granted to Orange County in 1924, the grantor, J.H. Sadler, retained a reversionary interest in the property, providing that the title of the property would revert back to the donor when the property ceases to be used for park purposes. Even though the property is not currently used as a park, the reversionary interest and the plat dedication conflict with the proposed use of the property. In order to proceed with the Project, the reversionary interest now held by the heirs of Mr. Sadler must be condemned. As the heirs of Mr. Sadler are unknown, no offer to purchase this interest has been made. This Resolution authorizes the filing of a condemnation action. City Attorney Rosenthal read the title of Resolution No. 2003-01. Assistant City Attorney Doty presented the staff report regarding Eminent Domain and recommended approval of Resolution No. 2003-01, authorizing execution thereof by the Mayor and City Clerk, and further authorizing all necessary actions in order to proceed to acquire the reversionary interest by quick take proceeding. Mavor Vander!!rift. seconded bv Commissioner Parker. moved to adoot Resolution Number 2003-01 Der staff recommendation. Motion carried 4-0. Commissioner Howell was away from the dais. Resolution No. 2003-02, Relating to Acquisition by Eminent Domain of Various Parcels Owned by Usmani Family, LLC., Westlake Partners, Ltd., Oak Forest Partners, Ltd. for the Professional Parkway/Old Winter Garden Road Widening Project. (Assistant City Attorney Doty). City Attorney Rosenthal read the title of Resolution No. 2003-02. Assistant City Attorney Doty presented the staff report for Resolution No. 2003-02, advising that the information regarding the parcel numbers, property owners, interest needed, location of property and each parcel's appraised value was included in that report, and that negotiations were ongoing. However, in the event voluntary sales cannot be accomplished by February 1, 2003, a quick take proceeding would be in order, and this Resolution provides for that need. Ms. Doty recommended approval of Resolution No. 2003-02, authorizing execution thereof by the Mayor and City Clerk, and further authorizing all necessary actions in order to proceed to acquire the property by quick take proceeding. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to adoot Resolution Number 2003-02 Der staff recommendation. Motion carried 4-0. Commissioner Parker was away from the dais. Page 6 of 10 Ocoee City Commission Regular Meeting January 21, 2003 Discussion re 7th Avenue-Nutt Property, Possible Condemnation. (City Attorney Rosenthal, Assistant City Attorney Doty) City Manager Gleason reported the difficulties with the sidewalk and road access to Thorne Brooke School and said he was meeting with Orange County Commissioner Jacobs and Orange County School Board Member Ardaman on January 31 to gauge their partnership in the process of solving the problem. He said it was important to get this resolved before the next school year starts in August. Discussion ensued regarding traffic studies and other related issues. Without objection staff was directed to talk with Orange County Commissioner Jacobs and Orange County School Board regarding their participation level and report back. Prior to discussion of the next item on the agenda, City Manager Gleason stated he did not recall receiving clear directions to go forward with the appraisals for the Glad Tidings Church property. All the Commission recalled the vote had been to go forward with the appraisals. Discussion re Annexation of Historical Negro Cemetery. (Community Development Director Wagner, City Attorney Rosenthal) City Attorney Rosenthal gave the staff report regarding the annexation of the abandoned cemetery and described the procedure. Julian Harper reported on his research regarding the cemetery, and Rev. Bryan Stamper discussed the Task Force's position. Mayor Vandergrift asked about an easement into the cemetery and whether there is a memorial in the works, stating he would prefer for it to be an active cemetery. Rev. Stamper said preliminary research shows it would be very difficult to locate the occupants and it would cost about $10,000 for a study/excavating that would end in unsatisfactory results. Commissioner Johnson proposed appointing a Commissioner to serve with the task force and said he was ready to annex. Commissioner Howell indicated he wanted to serve on the task force being formed in reference to the cemetery. Without objection Commissioner Howell was appointed to serve on the task force. Commissioner Johnson. seconded bv Commissioner Parker. moved to direct staff to DreDare an annexation aDDlication and Drocess that throulZh the aDoroDriate Drocedure. waivinlZ all aDDlication fees in connection therewith. Motion carried 5-0. Recess 10:50 p.m. -11:03 p.m. Discussion re Reduction or Waiver of Application Fee for Site Plan Review for Non-Profit Organizations - Glad Tidings Church. (Community Development Director Wagner) Community Development Director Wagner gave the staff report-recommending denial of the request made by Glad Tidings Assembly of God to reduce or waive the Site Plan Application Page 7 of 10 Ocoee City Commission Regular Meeting January 21, 2003 Fee. He suggested the following policy be put in place by the City Commission regarding payment of fees by non-profit organizations: Applicants representing non-profit organizations may request that only the following application fees be waived: Annexation, Rezoning, Joint Planning Area Amendment, Comprehensive Plan Amendment, and Special Exception. If the applicant would like to request a waiver of fee payment, it must be done prior to City Commission action on the application and there will be no retroactive reimbursement. Applicants will pay all other application fees, such as Site Plan and Concurrency Management, all reimbursable fees, as well as the $1,000 deposit per project. Non-profit organizations will continue to benefit from not paying transportation impact fees. Staff will inform applicants of this policy at the pre-application meeting. Commissioner Johnson. seconded bv Commissioner Anderson. moved to waive the fees that have been historically waived (to refund the fees Dreviouslv Daid bv Glad TidinlZs Church as reauested) and adoDt the Dolicv as recommended bv staff from this time forward. Motion carried 4-0. Commissioner Howell was away from the dais. STAFF REPORTS City Manager Gleason 1) Distributed papers to the Commission showing the six requests submitted last week through State Representatives Johnson, Brummer, and Webster, and also copies oflast year's three submissions to the State and one to the Federal. He said a complete report on grants would be ready for the February 4 meeting. He talked about the "Mobility 20-20 Plan" and said that Blackwood to Story Road has been included, not exactly Blackwood, but rather another little loop that would match up directly with the hospital's new entrance due to some new development coming on the back side. He said that's an estimated 10 million dollars that is in there for Ocoee that wasn't before. If the sales tax were to pass Ocoee would receive a little over 5 million dollars based on our population for intersections and pedestrian sidewalks. 2) Talked about an Orange County Public Schools document that Orange County adopted called the Code of Civility. He said it didn't deal with students as much as it dealt with parents, teachers, and staff. He thought it might be something the Commission would want to look at and possibly adopt. He said it could be modified to use within the City citing irate customers at the utility counter as one example of where it could be posted. Without objection staff was directed to look at it and modifY it for City use. 3) Announced Commissioner Johnson has been chosen by the Florida League of Cities to serve on the Leadership Committee for the National League of Cities. He said it was an honor to have one of our Commissioners to serve on the National level. He congratulated Commissioner Johnson. 4) Spoke briefly about the letter a citizen had brought in to show how Florida Power solicits funds from their customers to set up a separate account to help people with their bills. He said he was just putting it out as an idea as research is being done. The Mavor declared the followinl! item to be an emerl!encv item. Mayor Vandergrift said that since City Hall was closed for a Holiday on Monday and it was inconvenient for anyone wishing to qualify as a candidate for the upcoming election, he asked if the Commission would be willing to extend the qualifying date to Monday instead of the current Page 8 of 10 Ocoee City Commission Regular Meeting January 21, 2003 cut off time of Friday at noon. City Attorney Rosenthal said the opening and closing of qualifying is set in the City Code and he explained the 46 calendar days. He said it appears that qualifying should have opened on Thursday noon rather than Friday noon. He said you couldn't go back and fix it because Thursday noon to open is clearly gone and the correct closing date is Friday noon as the Code does not allow for extending the qualifying time. He said while qualifying appears not to have opened on the correct date it has been properly advertised to close on the correct date so, absent some amendment to the code notwithstanding the failure of qualifying to open correctly, it has been advertised to close on Friday this week. You can't fix the failure to open on the correct date by extending the closing date absent an amendment to the Ordinance. If there is no action taken by the Commission tonight qualifying closes at noon on Friday. If the Commission desires it could adopt an Emergency Ordinance to amend Section 5-3 which would require a 2/3 vote of the Commission, and which essentially waives the advertisement requirements. Mayor Vandergrift moved to adopt an emergency Ordinance amending Section 5-3 in the City Code in 2003 to close qualifying Monday, January 27 at noon, the basis being the opening of qualifying was a day late. Motion died for lack of a second. COMMENTS FROM COMMISSIONERS Commissioner Parker 1. Spoke about Health Central Auxiliary and how it augments services and needs that are not provided for in their budget. She said they donate a lot of volunteer hours to this community. She announced they are having their 2003 Golf Tournament and the City ofOcoee has never sponsored this event or had the City's name associated with the event, but she proposed being involved in this one. Commissioner Parker. seconded bv Commissioner Johnson. moved to do a Platinum sDonsorshiD for $1.000.00. which includes a lZolffoursome. to be taken from the Community Promotions fund. Motion carried 3-0. Mayor Vandergrift and Commissioner Howell were away from the dais. 2. Asked that staff be directed to provide specific information regarding the cost of brick street options for new residential developments. Those options being full brick street, brick intersections, brick crosswalks, and/or brick entry way into private roads. 3. Regarding the job description changes currently adopted by resolution, asked if they could be brought back before the Commission in some form other than a resolution in order to be on the Consent Agenda, so as not to make staff wait through the entire meeting for consideration of their item. In this way the item could still be pulled for discussion if the Commission deemed it necessary. Without objection staff was directed to find a way to implement this. 4. Said one of the biggest issues and concerns of employees and employers is the cost of dependent health insurance. She said she would like staff to look at holding the line on the percentage coverage for dependent coverage at 70-30 to include old and new employees and bring a report back on that. Without objection staff was directed to do this. Commissioner Johnson asked City Manager Gleason to send an email to Orange County Commissioner Jacobs to see if she is aware of the condition of Story Road from the Orange County Services building on. Page 9 of 10 Ocoee City Commission Regular Meeting January 21, 2003 Commissioner Anderson 1. Said the Commission will be gettirig a plan from Recreation Director Farmer and Public Works Director Wheeler regarding Montgomery Avenue and trees. 2. Said there was going to be a neighborhood meeting January 27, 2003, in the Commission Chambers regarding the traffic issues in the area of Ocoee Elementary and Middle Schools. 3. Thanked Bill Suchy for the excellent job he did putting the State of the City Video together. City Manager Gleason said he would encourage any of the Commission to go up Hiawassee Road north of Clarcona where it has been widened and see what the County has done with the median. He said what the City has planned for Maguire Road is going to be very labor intensive and what the county has done will require much less maintenance. ADJOURNMENT The meeting adjourned at 11 :38 p.m. Attest: APPROVED City of Ocoee Page 10 of 10