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HomeMy WebLinkAbout04-16-02 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD APRIL 16, 2002 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Commissioner Parker led the prayer and Frances Watts led the Pledge of Allegiance to the Flag. Deputy City Clerk Whitford called the roll and declared a quorum to be present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell (arrived at 7:42 p.m.), Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, City Clerk Grafton, Human Resources Director Diedrich, Recreation Director Farmer, City Engineer/Utilities Director Shira, Community Relations/Projects Director Shira, Assistant City Engineer Wheeler, Principal Planner Lewis, Police Chief Mark, Building/Zoning Official Velie, Public Works Director Smith, Information Systems Manager Ross, and GIS Technician 0' Halloran. PRESENTATIONS AND PROCLAMATIONS Presentation of Flag by Girl Scout Troop 828. Angie Mercer of Troop 828 presented the Commission with a flag made of cutouts of the troop's handprints. Samantha Privett read a statement entitled "What the Flag Means to me." Mayor Vandergrift received the Flag on behalf of the Commission. Years of Service Awards for 5 Years of Service. Mayor Vandergrift presented Deputy City Clerk Whitford, Building Clerk Cam Hall, and Public Works Director Smith with a plaque, watch and gift certificate for their 5 years of service. He read a brief statement about each employee telling when they came to work for the city and spoke about their respective achievements. He congratulated each one and acknowledged those family members who were present. Each employee received their award and thanked the Commission. Dreamers and Doers and Teacher of the Year - Spring Lake Elementary School. Mayor Vandergrift introduced Principal of Spring Lake Elementary, Dr. Angela Osborne, who helped pass out the awards and commented briefly about each of the students and the Spring Lake Teacher of the Year. Those presented with awards were Josh Brooks, Sara Wilson, Rachel Thompson, Shauna Tibby, Dylan King, Richard Tarvin, Michael Showalter, Rebecca Herring, Miguel Loayza and Amariles Rosario. Nancy Van Valkenburg was Spring Lake's Teacher of the Year. Following the presentations a time was set aside to allow for pictures to be taken of the award recipients. Recess 7:25 p.m.-7:35 p.m. This item was taken out of order. MVP Grant Award-Cross Creek (Community Relations/Projects Director Shira) Ms. Shira presented Cross Creek Home Owners Association President Spencer Solomon with a check for $2,500.00. Mr. Solomon received the check on behalf of the homeowners association Ocoee City Commission Regular Meeting April 16, 2002 and gave a brief overview of the project Cross Creek Subdivision was going to do. He thanked the City for the opportunity to participate in the MVP grant program and improve his neighborhood. What We're All About - First in a Series. Police Chief Mark Chief Mark gave a power point presentation previewing all the divisions within the Police Department. He gave a breakdown of the types of crimes and the staff hours needed to solve each type of crime. His presentation presented statistics of calls per officer per year from 1994 through the present. He explained how many sworn officers were employed how many and in what divisions they worked and overview of all of the volunteer programs affiliated with the Police Department. Following the presentation Chief Mark responded to questions from the audience. This item was taken out of order. Ordinance No. 2002-13, Amendment to Police Officers and Firefighters' Retirement Trust Fund. (Police Captain Wilson) City Attorney Rosenthal read only the title of the ordinance. Attorney Lee Dehner explained the changes and what changes were mandated by the State and or Federal Legislature. He explained this Ordinance amends and brings the plan into compliance with the Economic and Tax Relief Reconciliation Act of2001 and adds additional prior service buyback opportunities. Mr. Dehner responded to questions from the Commission. Commissioner Parker, seconded by Commissioner Anderson, moved to adopt Ordinance Number 2002-13. Motion carried 4-0. Commissioner Howell was away from dais. Mayor Vandergrift declared this item to be an emergency item. Forest Ridge PUD Final Subdivision Plan Extension Project No. LS-99-004 (item III D pulled from the April 2, 2002, City Commission Agenda). City Attorney Rosenthal responded to questions from the Commission and explained the property owner's need for the extension. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the 12 month extension. Motion carried 5-0. CONSENT AGENDA The Consent Agenda consisted of items A, B, C, D, E, F, G, H, and I. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the Consent Agenda with a correction in the wording of item III B. from auctioneer to auction. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of April 2, 2002. (City Clerk Grafton) B. Approval and Authorization to Declare Old Computers Surplus and Dispose of Them. (Information Systems Manager Ross) Information Systems Department has just replaced 52 outdated computer systems and requests that they be declared surplus in order to offer them for sale to employees and Page 2 of 10 Ocoee City Commission Regular Meeting April 16, 2002 then engage an auctionUf-service to dispose of the remainder at the next available auction. C. Approval and Authorization for the Temporary Closing ofE. Oakland Avenue April 27, 2002, from 6:30 a.m. to 9:00 a.m. for Arts and Crafts Festival. (Building/Zoning Official Velie) This authorization requires: (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) Roads must be blocked with proper barricades; and (4) An Emergency lane must be maintained. D. Approval and Authorization to Enter into Mutual Aid Agreement with Law Enforcement Agencies of the City of Apopka, City of Eatonville, City of Edgewood, City of Maitland, Town of Oakland, City of Orlando, University of Central Florida, Town of Windermere, City of Winter Garden and the City of Winter Park. (Police Chief Mark) Municipalities and legal entities have the authority under Florida State Statutes 23.12 through 23.127, Florida Mutual Aid Act, to enter into a mutual aid agreement with each other which permits voluntary cooperation and assistance of routine law enforcement nature across jurisdictional lines and provides for the rendering of assistance in law enforcement emergencies. Staff requests authorization for the Mayor, City Clerk and Police Chief to execute. E. Approval and Authorization to Enter into a Revised Combined Voluntary Cooperation Agreement and Requested Operational Assistance Agreement. (Police Chief Mark) Previous agreements have been reviewed and this agreement contains changes that will more clearly state the responsibilities of the participants. Staff requests approval to enter into this revised extended mutual aid agreement with the Orange County Sheriff s Office, and authorization for the Mayor, City Clerk and Police Chief to execute. F. Approval and Authorization for Mayor and City Clerk to Execute the Annexation Agreements for Water Service. (Assistant City Engineer Wheeler) 1. Mr. and Mrs. Iglesias at 1505 Clarcona-Ocoee Road. 2. Mr. and Mrs. Amaran at 1521 Clarcona-Ocoee Road. 3. Mrs. Martha Hartley at 521 First Street. The first two applicants have had trouble with their wells, the third is ready to build on an undeveloped lot and would prefer to have City water. In each case there is a water main close by their property and no new main pipelines would need to be installed to provide this service. The differences between resident service and non-resident service and the procedure for obtaining water service have been discussed with each applicant. Staff requests authorization for Mayor and City Clerk to execute the agreements and direct staff to proceed with the process to provide the City water service as requested. G. Approval and Authorization to Install a Paging System within City Hall. (Information Systems Manager Ross) Page 3 of 10 Ocoee City Commission Regular Meeting April 16, 2002 This will enable staff members to find each other when roaming. Staff requests approval and authorization for Mayor and City Clerk to execute all contracts regarding Sprint installing a paging system within City Hall. The cost for equipment and installation is $6,215.51. H. Approval and Authorization for Mayor and City Clerk to Execute Final Plat for Brookestone Unit 3. (City EngineerlUtilities Director Shira) Brookestone Unit 3 is a 92 lot single-family subdivision located west of Maguire Road, south of the Florida Turnpike. All required documentation pertaining to the proposed plat has been reviewed and approved by City Staff. A performance bond has been provided to guarantee the workmanship of the improvements that will be maintained by the City. I. Approval and Authorization for Mayor and City Clerk to Execute Developers and Homeowners Association Agreement for Upgraded Street Lights for Brookestone Unit 3. (City EngineerlUtilities Director Shira) The developer intends to install upgraded streetlights in this subdivision. City Code requires the developer and homeowners association to enter into an agreement with the City regarding payment of the difference in cost between standard streetlights and upgraded streetlights. COMMENTS FROM CITIZENS/PUBLIC 1. Mr. Pablo J. Quinones, 720 Lakeview Dr., Ocoee, addressed the board and expressed his belief that the procedure followed to select the TV Operations Manger position was not handled appropriately. His concerns were addressed by City Manager Gleason and Human Resources Director Diedrich. 2. Ms. Frances Watts, 43 Shell Key Ct., Ocoee, announced the Senior Citizen's picnic to be held April 18, 2002, at 12:00 p.m. in the Community Center. She invited the Mayor and Commissioners. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced that at the "Relay for Life" event that took place the previous weekend was well attended by Ocoee citizens and the City of Ocoee team was in full force. She said due to the their efforts through fundraisers the city team was able to raise $5,011.00 for the cause. She said the goal had been $5,000.00 and they surpassed that without the aid of any major sponsors and she commended them for a job well done. Commissioner Johnson said he had spent the night in a pup tent right behind the speakers at the "Relay for Life" event and got no sleep. He said his group raised approximately $3,600.00. He said everyone there was really enthused and it was interesting to watch everyone get involved. He said the overall total raised was $203,000.00 with the goal having been $170,000.00. He said the Wise, Best, and Crawford families in the Crawford Tire/Silver Springs team collected the most, $23,000.00 plus. Mayor Vandergrift said hats off to all the participants. He said he had walked two laps and felt himself gaining speed on the second lap, but he could not walk the next day. Page 4 of 10 Ocoee City Commission Regular Meeting April 16, 2002 Commissioner Anderson 1. Announced the grand opening of the pool at the Beech Center Friday, April 19, 2002. He said the children's games would be at 3:00 p.m., the ribbon cutting at 4:00 p.m., and food will be served. 2. Reiterated the Senior Citizen's picnic information. Commissioner Howell None at this time. Mayor Vandergrift I. Read a letter from the Florida League of Cities regarding Information Systems Manager Brian Ross. Florida Local Government Information Systems Association (FLGISA) complimented the City for being represented in the association by Mr. Ross. Mayor Vandergrift said it was his understanding that only a handful of people in the entire state are in FLGISA. He thanked Mr. Ross for his participation. He said he had given some information about a conference in Atlanta to the City Manager and suggested someone from Ocoee attend. 2. Announced the Historic Commission is offering an opportunity to sponsor chairs for the front porch of the Withers-Maguire house. He said the cost is $130.00 and a plaque is put on the chair with whatever name the person desires. He said he was sponsoring one for his mother and father, Mr. and Mrs. Foots-Vandergrift. He said he would like to reopen a discussion where the same type of thing could be done for the porches at City Hall. Recess 9:05 p.m.- 9:20 p.m. This item was taken out of order. Districting Commission Report. (Chairperson Martha Lopez-Anderson) Ms. Lopez-Anderson addressed the Commission on behalf of the Redistricting Committee. She gave an overview of the options that were discussed and of the recommendations being presented to the Commission for their decision. GIS Technician Mike O'Halloran explained the difference in the boundaries on the maps and responded to questions from the Commission. Commissioner Parker, seconded by Commissioner Johnson, moved to approve Public Plan #1 and direct staff to proceed with the preparation of an adopting ordinance and advertising. Motion carried 4-0. Commissioner Howell was away from the dais. This item was taken out of order. B.P. Amoco #60677 (Silver Star Road) Waiver Requests, Case No. SS-2001-009. (Acting Planning Director Lewis) Mr. Lewis gave a report detailing Waivers 1,2,5,9, and 10 waivers which have typically been approved by the City Commission, and waivers 3, 4, 6, 7, 8, and II which have not been typically approved. Requested waivers 3,4,6,7,8, and II were covered separately to avoid confusion, but all the waivers were voted on collectively. Waivers number 3 and 4 dealt with the size of signage on the building, Waiver number 6 was related to the intensity of the lighting on the site, Waiver number 7 was related to the percentage of landscaped area required. Waiver number 8 referred to the requirement that the gas pump canopy be attached to the main building Page 5 of 10 Ocoee City Commission Regular Meeting April 16, 2002 and integrated into the architectural roof design. Waiver number I I related to the requirement that landscape islands separating two perpendicular rows of parking must be large enough that one parking space does not face the side of another parking space. Commissioner Parker, seconded by Mayor Vanden!rift, moved to approve the waivers requested by the applicant B.P. Amoco in the waiver table being waivers one (1) through eleven (11) with the following modifications, with respect to waiver number 6 that the waiver would allow the photometric plan based upon the unique canopy configuration and the other justifications set forth by the applicant and be subject to the condition that the area outside of the canopy will have a thirty (30) foot candle maximum and with the further modification of waiver number eight (8) being subject to the condition that the facility will be developed with a solar canopy. Motion carried 5-0. This item taken out of order. Maguire Road Self Storage-Pre-Annexation Agreement for Water with ACJR Investments. (City Attorney Rosenthal) City Attorney Rosenthal gave an overview of the staff report and explained the owner and City staff have been engaged in discussions regarding the possible annexation of the subject property in order to obtain water service to eliminate the need for a water tank. He explained the impact fee issues arising from properties approved in Orange County and developed or partially developed in Orange County. He reviewed the conditions in the pre-annexation agreement with the Commission and talked about the differences ifthe project had been developed within the City. ACJR Investments representative Attorney Scott Glass responded to questions from the Commission. City Attorney Rosenthal said the main timing on the annexation may be the need for a JP A amendment with Orange County to sort out the inconsistencies. Mayor Vander2rift, seconded by Commissioner Johnson, moved to approve the Pre- Annexation Agreement for Water with ACJR Investments. Motion carried 5-0. This item taken out of order. Consideration of New City Logo. (Community Relations/Projects Director Shira) Ms. Shira presented to the Commission the three different logos based on the direction given at a previous Commission meeting. There was a brief discussion with Commissioner Anderson suggesting several changes he would like to see. Commissioner Johnson indicated the changes he would like to see. Mayor Vander2rift, seconded by Commissioner Parker, moved to approve the logo with butterfly, canoe and to change the center building roofline to resemble the Withers-Maguire house. Motion failed 2-3. Commissioners Howell and Johnson and Anderson voted no. Commissioner Parker, seconded by Commissioner Anderson, moved to approve the logo without butterfly, with a change to the water line making it smaller, changes to the roofline of the center building in order that it more closely resemble the Withers-Maguire house, and more blue in the water. Motion carried 4-1. Commissioner Howell voted no. Page 6 of 10 Ocoee City Commission Regular Meeting April 16, 2002 PUBLIC HEARINGS Second Reading of Ordinances. Ordinance No. 2002-10, Amendment to LDC-Setback Requirements for Accessory Structures. (Building/Zoning Official Velie) City Attorney Rosenthal read the title only of the Ordinance. Building Official Velie explained after many requests from citizens in the form of variance procedures, and complaints during the permitting process, staff was asked to review reducing this requirement of seven and one half (7 1/2) feet. Research by staff included contacting other jurisdictions and reviewing other code books to learn what was considered an "industry standard". The most commonly used setback requirement for accessory structures with the jurisdictions contacted by staff was five (5) feet. Mr. Velie responded to questions from the Commission. The public hearing was opened and, as no one wished to speak, the hearing was closed. Commissioner Parker, seconded by, Commissioner Anderson, moved to adopt Ordinance Number 2002-10. Motion carried 4-0. Commissioner Howell was away from dais. Ordinance No. 2002-12, Crown Point Property Annexation, Case No. AX-OI-I0-01. (Acting Planning Director Lewis) City Attorney Rosenthal read the title only of the Ordinance The public hearing was opened and, as no one wished to speak, the hearing was closed. Mr. Lewis stated the subject property is comprised of approximately 6.25 acres and is located west of the Western Expressway and north of Fullers Cross Road. He said the property is proposed to be developed for an entry road and for stormwater management as part of the Crown Point Planned Unit Development. He responded to a few brief questions from the Commission. Commissioner Anderson, seconded by Commissioner Johnson, moved to adopt Ordinance Number 2002-12. Motion carried 4-0. Commissioner Howell was away from the dais. Ordinance No. 2002-14, Revisions to Personnel Rules and Regulations Regarding Military Leave. (Human Resources Director Diedrich) City Attorney Rosenthal read the title only of the Ordinance. Ms. Diedrich stated this ordinance would fairly address pay issues for employees in the armed forces reserves called to active military duty. She responded to questions from the Commission. Commissioner Anderson inquired about insurance coverage and length of time job position is held. Page 7 of 10 Ocoee City Commission Regular Meeting April 16, 2002 The public hearing was opened and, as no one wished to speak, the hearing was closed. Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance Number 2002-14. Motion carried 4-0. Commissioner Howell was away from dais. Request for Variance Case No. 01VR-2002: Laman. (Building/Zoning Official Velie Hearing Cancelled, Application Withdrawn by Petitioner. McElroy Place Preliminary Subdivision Plan. (Director of Planning Wagner) Hearing Continuedfrom March 19, 2002 and to be continued to May 7,2002. Commissioner Parker, seconded by Commissioner Johnson, moved to continue the public hearing to May 7,2002. Motion carried 5-0. OTHER BUSINESS Interlocal Agreement Regarding Reclaimed Water with Apopka and Winter Garden. (City EngineerlUtilities Director Shira) Mr. Shira gave a brief overview of how the proposed agreement would benefit the City. Mr. Shira explained the pipeline would convey reclaimed water from Ocoee and Winter Garden to the Apopka reclaimed water distribution system. This would provide Ocoee with a long-term wet weather disposal method by using high recharge areas in the northwest part of Apopka. He said if Ocoee chooses not to participate in this project, and the existing wet weather discharge to Lake Apopka is curtailed by future legislation or rule, Ocoee has no other potential wet weather discharge site. Mr. Shira pointed out that at that point Ocoee's choice would be to either pay their share to join in with Apopka and Winter Garden, or find a several acre parcel of land on which to dig a very large hole. Mr. Shira and City Manager Gleason responded to some questions and concerns of the Commission during a brief discussion. Mayor Vandererift, seconded by Commissioner Parker, moved to approve the Interlocal Agreement with Apopka and Winter Garden. Motion carried 4-0. Commissioner Anderson voted no. STAFF REPORTS City Manager Gleason I. Asked direction from the Commission as to whether Memorial Day ceremonies should be done on Monday for Friday. Without objection commission selected Friday. Mayor Vandergrift declared this an emergency item. 2. Presented a proposal to purchase a new dialing system for the lift stations. Mayor Vandererift, seconded by Commissioner Parker, moved to transfer funds in the amount of$I,696.00 plus $30.00 from Operating Funds to Capitol Funds to purchase a new dialing system for the lift stations. Motion carried 5-0. Page 8 of 10 Ocoee City Commission Regular Meeting April 16, 2002 3. Presented a Uniform Residential Appraisal Report on the property at 28 East McKey Street and stated the property owners have offered the City first opportunity to purchase the property. He suggested the City get an independent appraisal. City Attorney Rosenthal explained the city had used the seller's appraisal before when purchasing the Griffin property. Commissioner Anderson, seconded by Commissioner Johnson, moved to authorize staff to obtain an appraisal on the property at 28 E. McKey Street and, either based upon the property owner's appraisal or an appraisal obtained by City staff, enter into negotiations to purchase the property. Motion carried 5-0. 4. Stated the Commission had received a packet entitled Local Government Verification of Status of Site Plan Approval for Multi-Family Developments. He said this is the property located on Clarke Road and A.D. Mims Road that the City had been approached about by Victoria Sound Partners LTD. He said he would like direction from the Commission regarding this proposal to build a 100% subsidized low-income family housing. They were requesting the City sign forms to be submitted with their package to the state for funding. He said the forms would not bind the City to approve the project, but he wanted direction from the Commission. Mayor Vandergrift stated the tenor of the Commission appeared to be negative regarding the project. COMMENTS FROM COMMISSIONERS Commissioner Parker stated she had received a brochure from Health Central about their golf tournament wherein the proceeds from the tournament go to the Nurse Fund. She said the tournament is May 16,2002, at Keene's Pointe and the Registration is 7:30 a.m. Shotgun is 8:30 a.m. She requested the Commission sponsor a foursome. Commissioner Parker, seconded by Commissioner Anderson, moved to sponsor a foursome for the Health Central Golf Tournament. Motion carried 5-0. Commissioner Johnson would like Community Relations to order a tent with the new City Logo on it once the new logo is complete. City Manager Gleason stated he would get the sizes and pnces. Commissioner Anderson reminded everyone of the times, dates and places for the Senior Citizen's picnic and the Grand Opening of the Pool. Commissioner Howell None at the time. Mayor Vandergrift inquired about the lake front parking lot and wanted to know when it would be completed. He said there is a Cub Scout camporee this weekend and had hoped it would be done. Commissioner Anderson Page 9 of 10 Ocoee City Commission Regular Meeting April 16, 2002 I. Stated he thought there should be a silt fence to inhibit the dirt from blowing into the nearby homes. City Manager Gleason said he would check into it. I. Said there was water retention in front of City Hall again. He said it was not just from the rain, but also from the sprinkler system. 2. Read a flyer he had from American Legion Post #63 regarding a golf tournament at Forest Lake Golf Course May 17, 2002, and said for anyone who would like to get involved it would be a worthy cause. 3. Said he had received a letter regarding the Mayor's Prayer Breakfast asking the City to purchase a corporate table. There are 10 people to a table at $20.00 per person making the table $200.00. Commissioner Parker stated she would have no problem purchasing a corporate table for that event. ADJOURNMENT The meeting adjourned at II :20 p.m. Attest: APPROVED: City of Ocoee S Page 10 of 10