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HomeMy WebLinkAbout06-18-02 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JUNE 18, 2002 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 15 p.m. in the Commission Chambers located at 150 N. Lakeshore Drive. Pastor Gary Howell, Glad Tidings Assembly of God Church, led in prayer and Mr. Ed Bowers, Adjutant, American Legion Post 109, 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, City Clerk Grafton, Building/Zoning Official Velie, Community Relations/Projects Director Shira, Human Resources Director Diedrich, Planning Director Wagner, Principal Transportation Planner Foltz, Senior Planner Grimms, Acting Police Chief Goclon, and Recreation Director Farmer. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentation of West Orange Health Alliance Plaque to Commission. (Commissioner Anderson) Commissioner Anderson presented to Mayor Vandergrift the glass plaque recognizing the City of Ocoee's support for the Health Alliance Family Care Center that he had accepted for the City at the grand opening of that facility. Proclamation "United States Army Day". (Mayor Vandergrift) Mayor Vandergrift read the proclamation proclaiming June 14,2002, United States Army Day in the City of Ocoee, and noted U. S. Army representatives had been in the lobby at City Hall on that date to celebrate the occasion with a birthday cake. Years of Service Awards. (Human Resources Director Diedrich) Jaime Collazo - 5 Years of Service Buddy Elmore - 30 Years of Service Mayor Vandergrift gave a brief history of Mr. Collazo's and Mr. Elmore's years of service to the City and expressed appreciation for their long-term dedication, particularly Mr. Elmore who is the first person to be employed by the City for thirty years. He then presented them with gift certificates to West Oaks Mall and other gifts. CONSENT AGENDA An additional item requesting the temporary closing of Hill Avenue between Center Street and Flewelling Avenue for a neighborhood party on July 6, 2002, had been distributed just prior to the meeting, and, anticipating action to cancel the July 2 meeting scheduled later on this agenda, Commissioner Anderson asked that this item be included in this consent agenda. It is added below as Emergency Item. Ocoee City Commission Regular Meeting June 18, 2002 Commissioner Anderson. seconded bv Commissioner Parker. moved to aoorove items A. B. C. and Emef2:encv Item ofthe consent al:!enda as oresented. Motion carried 5-0. A. Approval and Acceptapce of Minutes of City Commission Regular Meeting of June 4, 2002. (City Clerk Grafton) B. Approval and Authorization for Special Event Temporary Road Closing. Mill Stream Blvd. July 4th Neighborhood Street Party. (Acting Building/ Zoning Official Washington) Ms. Laura Herrington has made application to the City for a Special Events Permit for a Neighborhood Party that will require the closing a City owned street. The event will be held on July 4,2002, from 12:00 p.m. until 12:00 a.m. The street to be closed is Mill Stream Road. Staff recommends approval with the following 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) Roads must be blocked with proper barricades; and 4) An emergency lane must be maintained during the event. C. Approval and Authorization for Mayor and City Clerk to Execute Drainage, Utility and Access Easement Agreement with Seminole Transport, Inc. (City Attorney Rosenthal) Seminole Transport, Inc. is the owner of a parcel of property located along Enterprise Street. The City has utility improvements located along the western edge of the Seminole Transport property. While there is an existing utility easement along this portion of the property, the City presently has utility improvements located outside of this easement area. The owner of the property has already allowed the City to make the additional improvements with the understanding that the City would pay $2,000.00 for the easement. In the event the City does not execute the easement agreement and authorize the payment of $2,000.00 in connection with the easement agreement by June 30, 2002, the City is obligated to remove the improvements recently installed on the property. Staff recommends approval and authorization of payment in the amount of $2,000.00 for the Drainage, Utility and Access Easement Agreement. Emergency Item. Approval and Authorization for Special Event Temporary Road Closing. Hill Avenue (Between Center Street and Flewelling Avenue) (Acting Building/Zoning Official Washington) Ms. Judy Harris, 604 Hill A venue, has made application to the City for a Special Events Permit for a Neighborhood Party that will require the closing a City owned street. The event will be held on July 6,2002, from 12:00 p.m. until 10:00 p.m. The street to be closed is Hill Avenue. Staff recommends approval with the following 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) Roads must be blocked with proper barricades; and 4) An emergency lane must be maintained during the event. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. Page 2 of 11 Ocoee City Commission Regular Meeting June 18, 2002 COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Johnson said the payment of the West Orange Chamber of Commerce Building Fund pledge had been delayed until it could be determined the budget was ready for such an expenditure and a review of the accounts had revealed funds to be presently available. Commissioner Johnson. seconded bv Commissioner Parker. moved to take $9.000 from the continQencv account and send those funds to the West OranQe Chamber of Commerce for its buildinQ fund. Motion carried 5-0. Commissioner Johnson raised a question about removing the dirt cover from Maine Street, and City Manager Gleason advised that had been done already. Mayor Vandergrift read an e-mail message from a citizen in Texas congratulating the City on its senior daily call program. He explained this is a service performed by the Dispatch Office and is available to all seniors who live alone. This item (VII J) was taken out of agenda order. Discussion re: Use of the Sam R. Scott Building by American Legion Post #109. (Mayor Vandergrift) Mayor Vandergrift directed attention to the letter he had received from American Legion Post # I 09 requesting the use of the building located at 12 E. McKey Street, most recently occupied by J. B. Griffin Law Offices, and originally known as the Dr. Sam R. Scott Building. While a report on the cost of the repairs to the building to make it safe and usable had been requested some time ago, that report was not readily available. City Manager Gleason advised he would see that the information was collected and reported. Commissioner Johnson advised Amber Electric had offered to take care of the electrical problems and there were others who would donate funds and labor to fix the rest of the building. Mavor Vander!!rift. seconded bv Commissioner Parker. moved to direct staff to meet with American LeQion renresentatives to examine the buildinQ. assess the needs. and reOOrt back to the Citv Commission. and to have the Citv Attomev research for leQal ramifications. Motion carried 5-0. City Attorney Rosenthal said if this is a lease of the building and if it is for a term of greater than five years, the Charter requires an advertised public hearing before this Commission would be in a position to take that action. PUBLIC HEARINGS Ordinance No. 2002-15 -Annexation, Maguire Road Self-Storage, Case No. AX-2001-07-02, ACJR Investments, Inc. (Principal Transportation Planner Foltz) City Attorney Rosenthal read the title only of the proposed ordinance. Principal Transportation Planner Foltz gave the staff report, advising this is an application from ACJR Page 3 of 11 Ocoee City Commission Regular Meeting June 18,2002 Investments, Inc. for annexation of 4.92 acres, subject to a pre-annexation agreement executed between the City of Ocoee and ACJR Investments, Inc. dated April 16, 2002. The subject property is located approximately one block north of Roberson Road on the west side of Maguire Road. The parcel is vacant except for mini-warehouses developed in Phase I. The subject property is designated Professional Services on the City Future Land Use Map and Joint Planning Area Map; and the applicant has requested an Ocoee Land Use Designation of Commercial and a zoning classification ofPUD. A portion of the property has been developed under County-approved development plans that have been modified by the City. The pre- annexation agreement provides that development of.Phases II and III of the facility may continue in the City under these modified plans and city water may be secured provided City impact fees are paid on the entire project and the applicant files applications for Small Scale Comprehensive Plan Amendments, JPA Land Use Map Amendment, and PUD Rezoning within thirty days of April 16. Mr. Foltz reported these applications were received for processing by the City within the specified time. Impact fees are being paid as building permits are being pulled. Orange County was notified of this annexation and no objections were received. The Development Review Committee, the Planning and Zoning Commission, and staff recommended approval as presented. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson. seconded bv Commissioner Anderson. moved to aoorove accordinll to staff recommendation and adoot Ordinance No. 2002-15. Annexation. Malluire Road Self- Storalle. Case No. AX-2001-07-02. ACJR Investments. Inc. as oresented. Motion carried 5-0. Ordinance No. 2002-16 - Annexation, Glad Tidings Assembly of God Church, Case No. AR-02-03-01. (Senior Planner Grimms) City Attorney Rosenthal read the title only of the Ordinance. Senior Planner Grimms gave the staff report, advising the subject property is located approximately 700 feet east of the intersection of Ocoee-Apopka Road and Fullers Cross Road on the north side of Fullers Cross Road. The 9.2-acre parcel is vacant and is currently utilized as pastureland. The parcel lies within the Ocoee-Orange County Joint Planning Area and meets the criteria for annexation. The subject property has a Future Land Use designation of "Low Density Residential" on the Joint Planning Area Land Use Map. The applicant has petitioned the City to give an initial zoning designation ofR-I-A "Single Family Dwelling District." Such proposed zoning would permit the Church and its ancillary uses upon approval of a Special Exception (see item VI D on this agenda). Mr. Rosenthal said the comments made in this presentation and public hearing can carry forward to the next two public hearings. He added, since the applicant is not interested in annexing the parcel unless they can put a church on the property, the annexation ordinance should be approved subject to the approval of the zoning ordinance and subject to approval of the special exception as well. Mr. Rosenthal said the issue of the sale of alcoholic beverages within 1000 feet of the church had been raised at the Planning and Zoning Commission meeting, and the exemption provided in Page 4 of 11 Ocoee City Commission Regular Meeting June 18,2002 the Code for a waiver would be reversed, as the church would be established first. He added, however, that the ordinance may be modified in the future, as it is not mandated by the State. The Development Review Committee, Planning and Zoning Commission, and Staff recommended approval of both the annexation and initial zoning request. The public hearing was opened. Gary Howell, 6720 Lumberjack Lane, Senior Pastor of Glad Tidings Assembly of God, thanked the Commission for considering their petition. Carla Baker, 6724 Broken Arrow Trail South, Lakeland, representing Chevron, said she has no objection to the church but objects to the ordinance regarding the sale of alcoholic beverages since the Chevron property is located directly across the street and its future use will be affected. The public hearing was closed. Discussion ensued regarding revising the alcoholic beverage ordinance in a way that would not hinder the proposed growth. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to adont Ordinance No. 2002-16. annexinQ the Glad Tidim!s Assemblv of God nronertv as described in Case Number AR-02-03-01. subiect to the annroval of the Initial Zonim! Ordinance No. 2002-17. and subiect to the Snecial Excention allowim! for the use of the nronertv for church and school nurooses. Motion carried 5-0. Ordinance No. 2002-17 - Initial Zoning, Glad Tidings Assembly of God Church. (Senior Planner Grimms) City Attorney Rosenthal read the title only of the Ordinance. Commissioner Anderson raised the question of whether this parcel would indeed be annexed and zoned residential (R-I-A) if the contract for sale did not go through. Mr. Rosenthal said there was an appropriate owner's affidavit signed by the owner of the property on file, and the parcel would be annexed and zoned regardless of ownership. Senior Planner Grimms advised the staff report for the previous item was for this item as well. Mr. Rosenthal advised that all of the comments in the previous public hearing applied to this public hearing also. The public hearing was opened and, as no one wished to add comments, the public hearing was closed. Commissioner Howell. seconded bv Commissioner Parker. moved to adont Ordinance No. 2002-17. chanQinQ the zoninQ of the nronertv described in Case No. AR-02-03-01 to R-I-A as reauested bv the annlicant. Glad TidinQs Assemblv of God. subiect to the annroval of the Snecial Excention Petition. Motion carried 5-0. Page 5 of II Ocoee City Commission Regular Meeting June 18, 2002 Application to Consider Special Exception, Case No. I-ISE-2002 - Glad Tidings Assembly of God Church. (Senior Planner Grimms) Senior Planner Grimms gave the staff report, repeating the location and description of the parcel as submitted in the above two items, and advising the applicant has requested a special exception to permit a church to be built within the R-I-A "Single Family Dwelling District." This request has been amended to include a school as well. The initial building will be approximately 12,000 sq. ft. with 325 seats. Mr. Grimms said the Development Review Committee, Planning and Zoning Commission and Staff recommended approval of the Special Exception for both a church and school, subject to the property owner dedicating 20 feet for future right-of-way expansion of Fullers Cross Road, and including the provision of a joint driveway and cross access easement at the southwest corner of the property, prior to site plan approval. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell. seconded bv Commissioner Parker. moved to aODrove the Soecial Exceotion for both a church and school subiect to the Drooertv owner dedicatimr 20 feet for future rillht-of-wav exoansion of Fullers Cross Road includinll the Drovision of a ioint drivewav and cross access easement at the southwest corner ofthe Drooertv. orior to site olan aODroval. Motion carried 5-0. Without obiection. staff was directed to get with representatives of the church and some of the leading properties in that area to work out the details of the revision to the ordinance controlling the sale of alcoholic beverages. RECESS 8:15 - 8:25 P.M. OTHER BUSINESS This item was taken out of agenda order. Grant Community Merit Awards - Spring 2002 Cycle. (Community Relations/Projects Director Shira) Community Relations/Projects Director Shira gave the staff report and recommendation regarding the Community Merit Awards, advising the amount set by Commission to fund this cycle was $5,000 with an additional $700 donated by vendors at the recent boat races. There were eleven applications received: Rotary Club of Ocoee, Boy Scout Troop 217 , West Orange YMCA, Ocoee Elementary School Student Council, Ocoee Historical Commission, Spring Lake Elementary, Seniors First, Ocoee Little League, Woman's Club ofOcoee, Ocoee Jr.lSr. Football League, and Health Central Auxiliary. The Community Merit A wards Board recommended approval of the applications in addition to the following requests: I) That the application have a sentence asking specifically what the money will be used for. Page 6 of 11 Ocoee City Commission Regular Meeting June 18,2002 2) That staff not forward any applications to the Community Merit Awards Board that are late or that do not have all the areas completed on the application (including attachments) . 3) That an additional criterion be added to the existing criteria stating that the applicant must have a representative present at the Community Merit A wards Board where the application is being considered or the application will automatically be withdrawn. 4) That the Fall 2002 cycle (November) also have a maximum grant award of $500. 5) That the City Commission consider allocating a total of $25,000 for the two cycles in the 2002/2003 fiscal year (November 2002 and April 2003). Staff requested (1) approval of the Community Merit Awards Board's recommendation to approve all eleven applications for the Spring 2002 cycle, subject to staff working with some of the applicants to complete their paperwork, with funds coming from contingency; (2) approval of recommendations numbered 1-4 above; and (3) direction to advise the Community Merit Awards Board of the amount approved for the program in the 2002-2003 budget after October I for number 5. Mavor Vander!!rift. seconded bv Commissioner Howell. moved to aomove staff recommendation as stated above. Motion carried 5-0. This item was taken out of agenda order. Discussion re: Approval of Boundary Encroachment Easement Agreement. (City Attorney Rosenthal) City Attorney Rosenthal explained that, in connection with the Maguire Road Widening Project, the City acquired Parcel 105 from Orange County Cruisers, said parcel being subject to a building and fence encroachment from the adjoining property to the south (Southern Parcel). Charlestan Landscaping & Yard Maintenance, Inc. is purchasing this Southern Parcel and the purchaser, in order to resolve the encroachment, is willing to purchase the portion of Parcell 05 which is the subject of the encroachment at a purchase price of$4.653 per square foot. Mr. Rosenthal then outlined the staff recommendation. Commissioner Anderson. seconded bv Commissioner Johnson. moved to (1) declare the oortion of Mag:uire Road Widening: Project Parcel 105 which is subject to the fence and building: encroachment from the adjacent mooertv to the south thereof to be sumlus orooertv. (2) waive anv comoetitive bidding: reauirement based on the de minimus nature of the encroachment and the intent to resolve a boundarv line issue bv the sale of the sumlus orooertv. (3) authorize the sale of the foreg:oing: sumlus mooertv to Charlestan Landscaoing: & Yard Maintenance. Inc. at a ourchase mice of $4.653 oer sauare foot. and (4) authorize the Mavor and Citv Clerk to execute all documents necessarv to convev the foreg:oing: encroaching: mooertv. including: but not limited to a soecial warrantv deed. Motion carried 5-0. This item was taken out of agenda order. Discussion re: LA-Z-BOY Furniture Store Sign Waiver Request. (Planning Director Wagner) Page 7 of II Ocoee City Commission Regular Meeting June 18, 2002 Planning Director Wagner described the location of the LA-Z-BOY Furniture Store in the Wal-Mart commercial subdivision and advised the petitioner has requested a waiver for an additional sign on the east side of the building facing Blackwood Avenue. This is a waiver from Article VI, Section 6-14 C.5.d.(ii) City Code, Article II, Section 2-4 C. (158), and more particularly from the approved Wal-Mart Final Subdivision Plan which allows only 100 square feet total signage for each outparcel. At the end of his presentation Mr. Wagner said staff found no basis upon which to recommend granting the waiver. Mr. Mitch Collins, representing LA-Z-BOY, said they had not heard anything about the total sign footage being limited to 100 feet for the outparcels, that their request was to put a sign on a secondary street. Mr. Scott Simon, potential owner ofLA-Z-BOY, said the corporation might not permit him to go through with closing his business with them if he is not able to put up sufficient signage. Commissioner Johnson. seconded bv Commissioner Howell. moved to denv the reauest for a waiver. Motion carried 4-1 with Mayor Vandergrift voting no. This item was taken out of agenda order. Discussion re: Cancellation of July 2, 2002, City Commission Meeting. (City Clerk Grafton) Commissioner Parker. seconded bv Commissioner Johnson. moved to cancel the Julv 2. 2002. Citv Commission ret!ular meetint!. Motion carried 4-0. Commissioner Anderson was away from the dais. This item was taken out of agenda order. First Reading of Ordinance No. 2002-18: Redistricting. (City Attorney Rosenthal) Second Reading and Public Hearing to be Held July 16,2002, 7:15p.m. City Attorney Rosenthal read the title only of the Ordinance. Mayor Vandergrift announced the time and date of the second reading and public hearing. This item was taken out of agenda order. Discussion of Implementation of IRS 125 Premium Only Plan. (Human Resources Director Diedrich) Human Resources Director Diedrich requested authorization to implement a Premium Only Plan in compliance with Internal Revenue Code (IRe) Section 125, which provides for tax- exempt treatment of employee premium contributions to certain employer sponsored group benefit plans. She said this would enhance the City's benefit packages by reducing taxes paid by both the employer and the employee. Mrs. Diedrich advised the initial cost to implement this program would be $400 plus an annual cost of $1 00. Mavor Vander!!rift. seconded bv Commissioner Howell. moved to aonrove the imolementint! of the Premium Onlv Plan as described bv Mrs. Diedrich. Motion carried 4-0. Commissioner Johnson was away from the dais. Page 8 of 11 Ocoee City Commission Regular Meeting June 18, 2002 Discussion re: Use of the Beech Recreation Center by the Ocoee Boxing Boosters to Host a Professional Wrestling Event July 20, 2002. (Recreation Director Farmer) Recreation Director Farmer briefed the Commission about the Ocoee Boxing Boosters hosting a professional wrestling event at the Beech Recreation Center on Saturday, July 20, 2002, from 4:00 p.m. to 11 :00 p.m. The Boosters will receive 20 percent commission of all ticket sales from the event, along with all concession revenues. Mr. Farmer said the insurance and contract concerns had been addressed. Commissioner Parker said there should be no "evil murderers from hell" or girls in cut-off shorts or curse words, as she had been very embarrassed by the last event. Commissioner Howell said they had discussed those concerns and agreed that such would not be allowed. Mayor Vandergrift said, without objection, Commissioner Parker's advice would be taken. Wellington Place Subdivision Final Subdivision Plan. (Principal Planner Lewis) Planning Director Wagner gave the staff report, describing the Wellington Place Subdivision as including a total of38 single-family residential lots, located at the southeast corner of the intersection of AD Mims Road and Johio Shores Road. There will be a six foot brick wall with appropriate landscaping along the northern and western boundaries of the subdivision adjacent to AD Mims Road and Johio Shores Road, and additional right-of-way for AD Mims Road will be dedicated to the City, in order to accommodate potential future widening for that road. Mr. Wagner said the concerns expressed by the Development Review Committee had been addressed by the developer and the revised plans have been reviewed by the Engineering Department. Based on the recommendation of the Development Review Committee and the Planning and Zoning Commission, Staff recommended approval of the Final Subdivision Plan for Wellington Place, as date stamped received by the City on June 12,2002. Commissioner Anderson. seconded bv Commissioner Parker. moved to aonrove the Final Subdivision Plan for Wellinllton Place. as date stamoed received bv the Citv on June 12.2002. Motion carried 5-0. Discussion re: Approval of the Purchase of Property Located at 28 East McKey Street. (City Attorney Rosenthal) City Attorney Rosenthal briefed the Commission regarding the status of the proposed purchase, under threat of condemnation, of the property located at 28 East McKey Street, owned by Helen J. Crittenden. The property owner had submitted an appraisal on the property of $130,000, had subsequently rejected the City's offer of $90,000, countering with a request for $125,000. Mr. Rosenthal said he had drawn up a proposed contract for the purchase ofthe property at $125,000 (contingent upon an appraisal supporting that price) for the Commission to consider and asked for direction. He added if the appraisal does not support the $125,000 price it would be necessary to bring the issue back before the Commission. Page 9 of 11 Ocoee City Commission Regular Meeting June 18, 2002 Commissioner Johnson. seconded bv Commissioner Parker. moved to Dfoceed with the Staff recommendation. Motion carried 5-0. All of the Board Appointment items were considered with one motion. Board Appointments. (City Clerk Grafton) Code Enforcement Board - 3- Year Term. Randy Chancey's Term Ends June 2002 and David "Kent" Skiles' Term Ends August 2002. Both Mr. Chancey and Mr. Skiles are willing to serve another term if appointed, and such terms would end in June and August of2005. Planning and Zoning Commission - 3- Year Term. Lou Landefeld's Term Ends August 2002. Mr. Landefeld is willing to serve another term if appointed and such term would end August 2005. Education Commission (EC) - Request by EC to Remove Three Members for Non- Attendance. (Community Relations/Projects Director Shira) In her staff report Community Relations/Projects Director Shira reported the members of the Education Commission voted unanimously to recommend that the City Commission remove three people from the Education Commission because of their attendance records. Mr. Freeman had missed five of the last five meetings, Mr. Roach missed four of the last five, and Ms. Giessuebel missed three of the last five. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to aDDfove all of the above items Ca. b. and c.) as recommended bv Staff. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Anderson 1) Because of all the rain, he asked Mr. Suchy to display on the screen the Orange County Mosquito Control telephone number. 2) Announced the POWR Landscaping/Irrigation Workshop June 21 at 5:30 p.m. in the Chambers. 3) Announced Neighborhood Watch meeting June 24 at 7:00 p.m. at the Police Training Room. 4) Announced Founders Day meeting June 24 at 6:30 p.m. in the Chambers Conference Room. Mayor Vandergrift asked for a report on the cost of the recent meetings concerning the separation of Chief Mark and, prior to that, Human Resources Director Psaledakis. City Page 10 of II Ocoee City Commission Regular Meeting June 18, 2002 Manager Gleason said there was no cost incurred and as soon as the documents have been signed they would be available for review by the Commission. Commissioner Howell said two weeks ago there was a debate regarding Chief Mark during which a comment was made that it was Mayor Vandergrift who caused the media to be involved, but a woman (who wished to remain anonymous) had called him (Commissioner Howell) to say she was the one who notified the media. ADJOURNMENT The meeting adjourned at 9:37 p.m. Attest: APPROVED: City of Ocoee ~ ...> c~.- S. Scott Vandergrift, Mayor Page 11 of 11