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HomeMy WebLinkAbout02-18-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR SESSION HELD FEBRUARY 18, 2003 CALL TO ORDER Mayor Vandergrift called the meeting to order at 7:15 p.m. in the Commission Chambers. Pastor Ruth Diehl, Adams Chapel African Methodist Episcopal Church of Ocoee, 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, Assistant to the City Manager Shira, City Clerk Grafton, Community Development Director Wagner, Finance Director Horton, Human Resources Director Diedrich, Parks/Recreation Director Farmer, Police Chief Goclon, Public Works Director Wheeler, and Financial Consultant Galvin. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Certificate of Accomplishment to Commissioner Johnson for his appointment to the 2003 Leadership Training Council of the National League of Cities. City Manager Gleason made this presentation. Update on School Facilities and Instructional Issues - Daniel C. Buckman, Senior Executive Director, Planning and Governmental Relations, Orange County Public Schools. Mr. Buckman introduced Rosita Riley, Area Superintendent. Ms. Riley then presented a report on West Orange County Schools, inviting several of the principals of each school in turn to discuss their own school's particular statistics, accomplishments, and issues. Those present were Louise Brown, Citrus Elementary, Danny Axtel, Thornebrooke Elementary, Shiela Johnson, Ocoee Elementary, Dr. Kate Clark, Ocoee Middle School, Dr. Osborne (not present), Spring Lake Elementary, and Mark Armbruster, West Orange High School. Mr. Buckman closed the presentation by thanking the local government for the initiatives taken to coordinate and cooperate with the schools for the betterment of the education of the children. Mayor Vandergrift asked the principals, the teachers and aids, and the parents and students to stand and receive a standing ovation from the rest of the audience. Boy Scout Troop 776 was present in the audience to earn a communications merit badge. Pastor Diehl presented a certificate of appreciation to the City of Ocoee for the officials attending the opening service of the Adams Chapel African Methodist Episcopal Church on February 2,2003 at 2:00 p.m. Presentation of Community Merit Awards. (Assistant to the City Manager Shira) Mayor Vandergrift, assisted by Assistant to the City Manager Shira, presented the $500 awards to Rotary Club of Ocoee, West Orange High School Renaissance Program, Seniors First, Inc., West Orange High School Soccer Club, Ocoee Elementary School, American Cancer Ocoee City Commission Regular Meeting February 18, 2003 Society (Ocoee Relay for Life Team), Orlando United Soccer Club, and Ocoee Middle School 8th Graders. Recess 8:15 p.m. - 8:27 p.m. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, and H. Mayor Vandergrift announced a correction had been made on page 7 of the minutes in item A. Commissioner Anderson. seconded bv Commissioner Johnson. moved to aDorove the consent alZenda as corrected. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of February 4, 2003. (City Clerk Grafton) B. Approval and Authorization for the Mayor and City Clerk to Execute the Non- Exclusive Temporary Easement Agreement with Falcon Pointe Homeowners Association, and a Payment of $650.00 to the Falcon Pointe Homeowners Association for the Appraised Value of the Easement. (Assistant City Attorney Doty) Based on the Project Design by PEC, the City needs to acquire a Non-Exclusive Temporary Easement Agreement from the Falcon Point Homeowners Association for Parcel 719 along Old Winter Garden Road, and Falcon Pointe has agreed to grant this interest to the City at its appraised value of $650.00, along with the commitments from the City that the construction plans will direct the contractor to erect this fence immediately after completing its work on Parcel 719 and the City will also extend its planned fence along the Old Winter Garden Road frontage to connect with the existing Falcon Pointe brick wall. C. Approval and Authorization to Purchase a Lodal "EVO" Cab and Chassis Recycling Collection Truck from Container Systems and Equipment, Inc. in the Amount of $147,754.00. (Public Works Director Wheeler) This was included in the budget and Container Systems & Equipment Co., Inc. is the only authorized dealer in the State of Florida for Lodal recycling/refuse collection trucks. Vendors of other types of equipment were contacted but staff was unable to obtain price quotes from them. Staff recommends the City's Purchasing Policy of obtaining at least three written quotes for this purchase be waived and allow the Public Works Department to purchase the vehicle by sole source procurement. D. Approval and Authorization to Purchase a Life Fitness LC8500 Upright Lifecycle Exercise Equipment from Precision Fitness Equipment as Sole Source Provider for the Amount of $1,780.00. (Parks/Recreation Director Farmer) Staff requests also authorization to transfer $1780.00 from Account No. 001-572- 5230 to Account No. 001-572-00-6400. E. Approval and Authorization for Staff to Meet with West Oaks Academy and Draft an Agreement Similar to the Thornebrooke Elementary School Agreement to Partner with Them for the Use of their Athletic Fields. (Parks/Recreation Director Farmer) This will be brought back to the Commission for consideration. Page 2 of8 Ocoee City Commission Regular Meeting February 18,2003 F. Approval and Authorization for the Utilities Department to Proceed with the Budgeted Purchase of a Portable Generator for the Amount of $27,300.00 and a Stationary Generator at Lift Station No. 16 for the Amount of $22,652.00. (Public Works Director Wheeler) Both of these purchases are well within the allocated amount in the 2002-03 Wastewater CIP budget. Staff requests authorization to waive the bid process and piggyback on the contracts from Orange County and Polk County. G. Policy for Non-Profit Organizations Wishing to Request a Waiver of Development Review Application Fees. (Community Development Director Wagner) This Policy has been prepared by staff in response to City Commission direction at the January 21,2003, meeting. H. West Oaks United Methodist Church - Clarke Road, Project No. LS-99-017. (Community Development Director Wagner) The original Preliminary Site Plan was approved February 6,2001. According to the Land Development Code the Plan expires after one year. Pastor Ernie Post of the West Oaks United Methodist Church has advised the congregation intends to bring in their final plans within the next several months and requests an extension. Staff has determined that no significant code changes affecting this site have occurred during the intervening two years and recommends an extension be granted until February 6, 2004. COMMENTS FROM CITIZENS/PUBLIC Mayor Vandergrift recognized Pastor Ernie Post, United Methodist Church, and later he recognized Jay Evans, Town Manager of the Town of Oakland. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Johnson announced the Relay for Life golf tournament and said to call 407 656- 2034 for more information. Commissioner Parker said that at the last CACOPD meeting they had asked for a workshop with the City Commission and she would like to see one scheduled. Mayor Vandergrift said the City Commission could schedule and advertise a workshop with CACOPD in the Chambers and staff should work on the schedule. Mayor Vandergrift announced his son works in a circuit judge's office and is an editor of a quarterly magazine, "The Sound Block." He called attention to an article in that magazine about the Neighborhood Restorative Justice Program in Ocoee. Mayor Vandergrift said he was going on a short cruise with his wife to celebrate her birthday this weekend. PUBLIC HEARINGS Second Readings of Ordinances Ordinance No. 2003-07, Amending Section 143 of the Code regarding Solid Waste. (City Attorney Rosenthal) Page 3 of8 Ocoee City Commission Regular Meeting February 18,2003 City Attorney Rosenthal read the title only of the Ordinance and said this ordinance amends the City Code to provide the Commission with the authority, should they decide to do so, to utilize the uniform method of non-ad valorem assessments for the collection of residential solid waste base fee. Then that could be collected on the tax bill rather than by monthly billing. The public hearing was opened. Mr. R.P. Mohnacky, Mr. Max Jacobs, Ms. Cathy Starn, and Mr. James Fleming asked questions, to which Commission and Staff responded. The public hearing was closed. Discussion ensued regarding the advantages and disadvantages of moving the solid waste rates and stormwater rates from the water/wastewater bill to the tax bill and consensus was reached that more information was needed in order to make an informed decision. Commissioner Anderson asked what it would cost the City when citizens would pay the first month the tax bill is due and save 4%. Mayor Vandergrift asked for an opt-out option. Mr. Rosenthal advised such an option was not permitted by law. Commissioner Anderson. seconded bv Commissioner Parker. moved to table Ordinance No. 2003-07 with direction to staff to cancel the Februarv 27 SDecial Session and schedule a work session instead. Motion carried 5-0. Ordinance No. 2003-08, Amending Section 150 of the Code regarding Stormwater Management. (City Attorney Rosenthal) City Attorney Rosenthal read the title only of the Ordinance and advised this Ordinance accomplishes the same thing as the previous Ordinance for Stormwater fees. The public hearing was opened. Mr. Max Jacobs and Mr. R.P. Mohnacky raised questions. The public hearing was closed. Commissioner Howell. seconded bv Commissioner Anderson. moved to table Ordinance No. 2003-08 with direction to staff to cancel the Februarv 27 Soecial Session and schedule a work session instead. Motion carried 5-0. Mayor Vandergrift said he still wants to change the legislature to include an opt out opportunity. First Reading of Ordinance No. 2003-09, MultiFamily Development Standards, Amendment to the Land Development Code. (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner gave the staff report and advised the proposed Multi-Family Development Standards ordinance will adopt a new Section 6-15 in the Land Development Code and these Page 4 of8 Ocoee City Commission Regular Meeting February 18,2003 standards would apply to all multi-family development in all zoning districts, including areas with PUD zoning. He said the Planning and Zoning Commission had recommended raising the minimum square footage of each dwelling from 650 square feet to 1000 square feet and also the required trees be increased in size to 4 inches in diameter at breast height. He said they had also discussed short term rentals and the use of garages for storage rather than parking cars. As Mayor Vandergrift had stepped out of the room for a few minutes, Mayor pro tem Anderson opened the public hearing. As no one wished to speak, he closed the public hearing. Commissioner Parker said she wanted to include prohibition of short term rentals (nothing less than 6 months) and also prohibit the rental of any portion of a townhome for less than 6 months. Mayor Vandergrift announced the second reading and public hearing scheduled for March 4, 2003, at 7:15 p.m. Windsor Landing-Preliminary Subdivision Plan, Case No. LS-99-003 (f/kla Ocoee Crossings). (Community Development Director Wagner) Community Development Director Wagner gave the staff report and advised the developer has agreed to give up 10 feet of his land to the Orange County School Board in order to provide pedestrian access to the new Thornebrooke Elementary School. and he is asking for approval of two waivers, as the dimensions of the all the lots adjacent to Tract P and the comer lots have been changed, leaving them less than the required minimum lot size. The first waiver would be from the minimum lot width to allow these lots to be 82.5 feet wide. The second waiver is from the street side yard setback on corner lots to allow these lots to have a 15 foot setback rather than the normal 25 foot setback. The public hearing was opened. Mr. Frank Goeckel, 9805 Mohr's Cove Lane, Windermere, addressed the issue of a barbed wire fence adjacent to the proposed sidewalk. The public hearing was closed. At Mr. Rosenthal's request Mr. Wagner stated an additional waiver of the 35% ofthe building coverage requirement in the Building Code would go up to 40% for Phase 2. Commissioner Anderson. seconded bv Commissioner Johnson. moved to anDfove the orooosed amendment to the Preliminarv and Final Subdivision Plan for Phase 2 of the Windsor LandinlZ Subdivision. includinlZ the two orono sed waivers. and the additional waiver as stated bv Communitv Develooment Director WalZner. as date stamoed received bv the Citv on Februarv 7. 2003. Motion carried 5-0. OTHER BUSINESS First Readings of Ordinance No. 2003-10, Ocoee Church of the Nazarene, PUD Zoning/PUD Land Use Plan. (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Mayor Vandergrift announced the second reading and public hearing scheduled for March 4,2003, at 7:15 p.m. Page 5 of8 Ocoee City Commission Regular Meeting February 18, 2003 Recess 10:10 -10:15 p.m. This item was taken out of agenda order. Presentation for Culp Construction Companies - Mr. Culp, Vice President Mr. Culp gave a powerpoint presentation for Sandspur Housing Partners, Ltd. and discussed the multi-family development, Victoria Sound Apartment Homes, they wished to initiate. There was discussion regarding a form Mr. Culp had submitted at an earlier date which required the signature of the City Manager, and Mr. Gleason asked for direction regarding this. This form was needed for the developer to qualify for low interest bonds through the state, which is used as a funding mechanism for multi-family development. No action was taken on this item. Refinance of the 1993 Utility Bond Issue and Proposed Projects to be Constructed with the Available Funds. (Public Works Director Wheeler) Public Works Director Wheeler gave a power point presentation showing the regulatory agency issues, capital improvement needs and funding alternatives for the water/sewer utilities issues. He directed attention to letters from Florida Department of Environmental Protection (PDEP) concerning the condition of the Jamela water treatment plant and elevated tank. In addition, the City's permit with FDEP on the wastewater system is limiting the City's disposal capacity because the City does not have an adequate wet-weather site. The City's Consumptive Permit with St. Johns River Water Management District has been an ongoing issue for many years and the expansion of the reuse distribution system would help the City reach compliance. The Finance and Public Works Departments have looked at the 1993 Utility Bond issue concerning refinancing to either lower debt service payments or extend the term of the bonds and gain extra capital, which could be used on projects to improve and enhance the City's utility systems. Ms. Cathy Starn and Max Jacobs asked questions to which staff responded. Mark Galvin, First Southwest, Inc., said when they go to the insurance company it is necessary to identify the use of the funds and the fact that the use will solve the problem. Mavor VanderlZrift. seconded bv Commissioner Parker. moved to authorize staff and First Southwest. Inc. to oroceed with the refinancinlZ of the bonds in order to maximize the caoital funds available to the Citv and to oreoare aoorooriate resolutions and actions to be broulZht back to the Commission for action. Motion carried 4-1 with Commissioner Howell voting no. Mavor Vander!!rift. seconded bv Commissioner Parker. moved to authorize staff to oroceed with oroiects listed in Mr. Wheeler's oresentation in order to continue with the desig:n oforoiects oreviouslv authorized bv the Citv Commission and to obtain necessarv orooosals with resoect to oroiects listed in the oresentations that have not had the desilZn oreviouslv aooroved and. subiect to the availabilitv of funding: and the issuance of bonds. oroceed with the obtaininlZ of the necessarv orooosals and bids to construct oroiects as desig:ned for the oumose of resolvinlZ relZulatorv issues with FDEP and SJRWMD with the clarification that all desig:n and construction contracts and exoenditure of funds are subiect to the aooroval of the Citv Commission unless oreviouslv authorized. Motion carried 4-1 with Commissioner Howell voting no. Page 6 of8 Ocoee City Commission Regular Meeting February 18,2003 Mayor Vandergrift read an e-mail from Sgt. McCosker commenting on the affordable housing presentation. Resolution No. 2003-05, Reversing Resolution No. 91-03 Requiring Adopting and Approving Job Descriptions for City Positions. (Human Resources Director Diedrich) This item was pulled from the agenda by staff at the beginning of the meeting. STAFF REPORTS City Manager Gleason 1. Asked for direction regarding the Big Orange Games Golf Tournament of March 9. Commissioner Anderson. seconded bv Commissioner Parker. moved to buv tickets for four (at $60.00 each) and soonsor a hole ($50.00) for a total of$290.00 with funds to come from Commission ContinlZencv. Motion carried 5-0. 2. Asked for direction and reported staff met with Orange County Commissioner Jacobs regarding the 7th Avenue issue. Commissioner Jacobs had said she will either pursue with the landowners who had granted a one-year easement for the sidewalk regarding purchasing that land for a permanent sidewalk to provide access to ThorneBrooke School, or the City could pursue eminent domain condemnation procedures regarding ih Avenue. The County has agreed to reinstate the deal they made with the City about cold paving the road, putting the sidewalk in, and maintaining it for five years, then turning it over to the City of Ocoee. Without objection, Commission elected to wait and see what kind of progress Commissioner Jacobs makes with the sidewalk. COMMENTS FROM COMMISSIONERS Commissioner Parker - no comments Commissioner Johnson - no comments Commissioner Anderson - presented an application for the temporary closing of a public street for the purpose of a Winter Carnival at the First Baptist Church on Ohio Street and asked that it be declared an emergency item due to time constraints. The request was to close Ohio Street between Cumberland Street and Kissimmee Avenue on Sunday, February 23,2003, from 10:45 a.m. to 4:00 p.m. Without obiection. Mayor Vanden!rift declared this to be an emereency item and. without obiection. the request was eranted. Commissioner Howell- no comments Mayor Vandergrift asked about the report on the $25.00 Utilities late fee. City Manager Gleason advised they had added another month to the report due to the Christmas holidays and he would present it next month. Mayor Vandergrift said he wanted to see a report showing the numbers on the month that 1100 people were late and were charged $5.00 and suggested moving Page 7 of8 Ocoee City Commission Regular Meeting February 18,2003 back to the $5.00 charge and then using a graduated scale: late twice in a year charge $10.00, three times $15.00, and take it up to $25.00 over a period of time, but give a year at least before charging more. Mr. Gleason responded that some of these accounts have been consistently late in their payments as much as 12 years. Mayor Vandergrift announced the birthdays of Betty Hager on February 20, Beth Vandergrift on February 20, and Jean Grafton on February 22. He did not disclose their ages, however. ADJOURNMENT The meeting adjourned at 11 :55 p.m. Attest: APPROVED: City of Ocoee S. Scott Vandergrift, Mayor Page 8 of8