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HomeMy WebLinkAbout07-16-02 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JULY 16, 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. Commissioner Anderson led in prayer and Ms. Frances Watts led the Pledge of Allegiance to the Flag. Deputy City Clerk Whitford called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manger Gleason, City Attorney Rosenthal, Assistant City Attorney Doty, City Clerk Grafton, Human Resources Director Diedrich, City Engineer/Utilities Director Shira, Recreation Department Director Farmer, Assistant Fire Chief Firstner, Director of Planning Wagner, Principal Transportation Planner Foltz, Assistant City Engineer/Acting Public Works Director Wheeler, and Information Services Manager Ross. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mr. Baker of the West Oaks Library gave a brief presentation regarding the library and the programs they offer. He announced the upcoming one year celebration to be held August 5 through August 10. He said each day would have a different program presented by different agencies such as Ocoee Police Department, Ocoee Historical Society, and the Red Cross. Mr. Baker said on Saturday there would be an open house with clowns, free face painting, music, gifts, and refreshments. CONSENT AGENDA The Consent Agenda Consisted of items, B, C, E, and G. Items A, D, and F were pulled for separate discussion. B. Approval and Authorization to Purchase Crime View Crime Analysis Package software with Grant Money in the Amount of $25,995.00 from Block Grant received for fiscal year 01102. (Police Captain Wilson) The Ocoee Police Department applied for and received from the Local Law Enforcement Block Grant funding in the amount of$38,661.00 which requires 10% match from the City for a total amount of $42,960.00. The computer for this project was purchased earlier this year. Several individuals from the police department as well as information services reviewed different software that would fit the application needs as well as the required City network specifications. The Omega Group called Crime View would be best suited for the application need of the police department for analyzing crime within the City of Ocoee. The police department is requesting that the Honorable Mayor and Commissioners waive the bid process as required in the City ofOcoee's purchasing manual and allow the police department to purchase the Crime View crime analysis software from the Omega Group as a sole vendor of this software. C. Approval and Authorization of the Beltway Mitigation Project. (City Attorney Rosenthal) This agreement is for the purchase of 52.5 acres of property within the Crown Point Conservation Area. The property appraised at $46,000.00. The Bucks have agreed to sell their property to the City of Ocoee for its appraised value. The purchase agreement is subject to a survey, the conveyance of Ocoee City Commission Regular Meeting July 16, 2002 clear title, and an environmental assessment. The closing date provided for in the agreement is ninety days after the SJRWMD approval date or fourteen days after written notice from the City that it is prepared to close. E. Approval of Revised Job Description Resolution No. 2002-10. (Human Resources Director Diedrich) This is a revised job description for the position of Building and Zoning Official. The changes include updates to the description based on revisions to State laws, the City's organization and intemal relationships. The changes are reconunended so the City may become more competitive in its recruitment of qualified candidates and will require changing the pay grade from Grade 23 to Grade 22. G. Approval and Authorization for the Capital Purchase of $1,678.00 for Electronic Monitoring Equipment and Installation. (City EngineerlUtilities Director Shira) In order to meet Fire Standard Requirements, NFPA-13 electronic monitoring equipment will need to be purchased and installed in the Materials Storage Building located at the Wastewater Facility. Funding is to be provided from the Wastewater Operating fund. City Attorney Rosenthal read the title only of Resolution 2001-10, Revised Job Description. (Item In E). Commissioner Johnson. seconded bv Commission Parker. moved to annrove items B. C. E. and G of the Consent al!enda. Motion carried 5-0. This item III A. was pulled by Mayor Vandergrift for separate consideration. Approval and Acceptance of Minutes of City Commission Regular Meeting of June 18, 2022. (City Clerk Grafton) Mayor Vandergrift asked if the information he had requested regarding Police Chief Mark as stated in the June Minutes was available yet. City Manager Gleason stated he would have it for him the following day. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to annrove the minutes as nresented. Motion carried 5-0. This item III D. was pulled by Commissioner Anderson for separate consideration. Approval of a Third Twelve-Month Extension to the Special Exception for Saturn of Ocoee Case # I-ISE-99. (Director of Planning Wagner) The subject property is located on the south side of SR 50, just west of Good Homes Road, across from Good Homes Plaza. The property is currently undeveloped and is occupied by an old orange grove. The original Special Exception for this use was approved by the City Commission on July 20, 1999. The site pIan for the proposed Saturn of Ocoee dealership has been approved, but permits for construction have not yet been obtained. Director of Planning Wagner responded to questions from the Commission. Mr. Jack Hawkins, Representative from the Engineering firm of Kelly Collings and Gentry, explained the reason Saturn needed an additional extension and answered questions from the Commission. A brief discussion followed with City Attorney Rosenthal clarifying the issue regarding lighting. Mavor Vandemrift. seconded bv Commissioner Parker. moved to annrove the Twelve Month Extension to the Snecial Excention with the nrovision that in the future Saturn of Ocoee aonlv for an extension 60 davs nrior to the exniration of the current extension. Motion carried 5-0. Page 2 of9 Ocoee City Commission Regular Meeting July 16, 2002 This item III F. was pulled by Commissioner Anderson for separate consideration. Approval and Authorization for Expenditure in the Amount of $87,572.00 from the 1997 Utility Bond Issue for Ocoee/Apopka/Winter Garden Reclaimed Water Agreement. (City Engineer/Utilities Director Shira) This design agreement is one that the City of Ocoee agreed to participate in by virtue of City Commission approval of the Ocoee/ Apopka/Winter Garden Interlocal Agreement on April 16, 2002. At that time it was anticipated the design service could cost approximately $370,000.00, and the agreement called for that cost to be split equally among the parties with each paying approximately $123,000.00. Based on Boyle's proposed fee of$262,715.00, Ocoee's share will be approximately $87,572.00. In accordance with the Interlocal Agreement, as progress payment applications are received by Apopka from Boyle, Apopka will request review by both Ocoee and Winter Garden prior to payment. Commissioner Anderson indicated he would like to consider doing something different, but the person he had spoken with was not able to attend the meeting and requested this item be tabled until the next meeting. Without obiection this item was continued to the August 6. 2002. Commission meeting. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker 1. Announced the Health Central Foundation would be holding a drawing for a trip to London, England at the September 21, 2002, Gala. She said all proceeds from the ticket sales would go to the School Nurse Program. She said the tickets were priced at one ticket for $10.00, three for $20.00, and eight for $50.00 and the flight would be business class. 2. She asked about the people that have been standing at White Road and Clarke and said it is the most dangerous intersection in Ocoee. She caution everyone about the people who stand in the intersections and ask for money as well as the people who stand in front of businesses and ask you to sign petitions. She said please be careful who you give your money to and make sure you know what you are signing your name on is something you agree with. She said don't be afraid to ask questions and get identification. Mayor Vandergrift stated the people in the intersection at Clarke and White Roads were from the Tampa Christian Church and had permission to be there for four weeks. Commissioner Johnson No comment at this time. Commissioner Anderson 1. Stated he had a lot of viruses on his computer when he returned home. He asked IS Manger Ross to tell everyone what to do to combat the virus and where it came from. Mr. Ross explained where the virus came from and how it affects your computer. He said the virus was not coming from within the City, but from a computer outside the City's control. He said it is someone who has close contact with the City, perhaps someone who has been on a board. Mr. Ross said about the only way to stop the virus is to create a new e-mail address or get a good anti-virus program. He mentioned an organization called AVERT (Anti Virus Emergency Response Team) and said they had written a free program that would clean up the virus. He said most anti-virus providers have a link to it. 2. Introduced his father, Art Anderson, who was here visiting. Page 3 of9 Ocoee City Commission Regular Meeting July 16, 2002 Commissioner Howell No comment at this time. PUBLIC HEARINGS Second Reading of Ordinance No. 2002-18, Redistricting. (City Attorney Rosenthal) City Attorney Rosenthal read the title only of the proposed ordinance. Mayor Vandergrift acknowledged Martha Lopez-Anderson, Chairperson of the Redistricting Committee and Beverly Willis of the Orange County Supervisor of Elections office and thanked them for all their hard work. City Clerk Grafton gave a report and reviewed on a map the proposed changes that had been made to the districts The public hearing was opened and, as no one wished to speak, was closed. Mavor Vandemrift. seconded bv Commissioner Anderson. moved to adont Ordinance Number 2002-18. Motion carried 5-0. Resolution No. 2002-11, Vacation of an Ingress-Egress Easement on Lot 18 Sawmill Phase I. (Principal Transportation Planner Foltz) City Attorney Rosenthal read the title only of the proposed ordinance. Principal Transportation Planner Foltz gave the staff report, advising the subject property is a platted ingress-egress easement to Tract "G" generally described as all but the westerly 1 00 feet of Lot 18 Sawmill Phase I. The applicant, Dorothy Johnson, is proposing the vacation of this easement so as to enjoy full usage of the subject property. Notices of the application were mailed to all utility providers and there were no objections to the proposed vacation. The application was also forwarded to the City's Department Directors for comments and objections. Property owners within 300 feet of the road right-of-way were also mailed a notification of this public hearing and an advertisement appeared in the July 4, 2002, Orlando Sentinel. This easement affects the eastern two-thirds of the applicant's property and is not necessary for access to the City's Tract "G", since access is available directly from Timber Trail. Commissioner Parker stated she had spoken with the Sawmill Home Owners Association (HOA) and they had no objections. Commissioner Parker. seconded bv Commissioner Anderson. moved to apnrove Resolution Number 2002-11. Motion carried 4-0. Commissioner Johnson was away from the dais. Wal-Mart Supercenter. (Director of Planning Wagner) Amendment to the Preliminary/Final Subdivision Plan. (With respect to Master Signage Plan and Setback Provisions.) Director of Planning Wagner gave the staff report, reviewing the restrictions, which include specific provisions related to front setbacks (100 foot maximum on out-parcels) and signage (100 sq. ft. maximum on out-parcels). He said these were part of a comprehensive, negotiated package wherein Wal-Mart was granted various waivers within their project. Mr. Wagner stated the City Commission previously granted a waiver from the 100- foot maximum front setback requirement for Lot 3 of the Wal-Mart Supercenter; however, no one at that time realized that this limitation was called out in the subject development documents. It was only when research was done on the request for a sign waiver on the adjoining lot (Lay-Z-Boy) that it was discovered that development restrictions were in place that would have to be legally modified. Attorney Scott Glass, of Shutes and Bowen, and Developer Matt Falconer spoke briefly about the Master Signage Plan being too restrictive when it has to be divided between multiple tenants. Page 4 of9 Ocoee City Commission Regular Meeting July 16, 2002 Mayor Pro tern Anderson opened the public hearing. R. P. Monackey, 1820 Prairie Lake Blvd., inquired as to whether the actual size of the sign on the building or free standing had been clarified. Mr. Glass responded to the question. Mr. Wagner, Mr. Glass, and Mr. Falconer all responded to questions from the Commission. The public hearing was closed. There was a brief discussion with City Attorney Rosenthal addressing the concerns expressed by the Commission. Commissioner Parker. seconded bv Commissioner Johnson. moved to aoorove the al!reement for modification of conditions of aooroval for Preliminarv and Final Subdivision Plans between Wal-Mart Stores East Inc. and the Citv ofOcoee subject to Ocoee Eauities LLC or another entitv controlled bv Matthew Falconer acauirinl! title with resoect to the maximum buildinl! setbacks and authorize execution thereofbv the Mavor and Citv Clerk. Motion carried 5-0. Commissioner Parker. seconded bv Commissioner Johnson. moved to aoorove the al!reement for modification ofWal-Mart Master Sil!Ilal!e Plan between Wal-Mart Stores East Inc. and the Citv of Ocoee subject to Ocoee Eauities LLC or another entitv controlled bv Matthew Falconer acauirinl! title with resoect to the Master Sil!nal!e Plan and authorize execution thereofbv the Mavor and Citv Clerk. Motion carried 5-0. Amendment to the Plat ofWal-Mart at Ocoee (with respect to building setbacks for Lot 3.) First Amendment to Development Agreement with Wal-Mart Stores East, Inc. City Attorney Rosenthal explained that the two following items could be handled as one since they were not public hearings. Commissioner Anderson. seconded bv Commissioner Parker. move to aoorove the al!reement for modification of Plat note on Plat ofWal-Mart at Ocoee Subdivision and aoorove the First Amendment to the Develooment Al!reement all between Wal-Mart Stores East Inc. and the Citv of Ocoee subject to Ocoee Eauities LLC or another entitv controlled bv Matthew Falconer acauirinl! title to Lot 3. Motion carried 5-0. OTHER BUSINESS This item VII I was taken out of order as requested by Mayor Vandergrift. Report on Use of Sam R. Scott Building by American Legion Post 109. (City Manager Gleason) City Manager Gleason presented a report on the estimated cost of the needed building repairs in order to bring the building up to Code. Mayor Vandergrift asked if the American Legion representatives had been given a copy of the report. Mr. Wheeler stated he had just completed the report prior to the meeting. Page 5 of9 Ocoee City Commission Regular Meeting July 16, 2002 Without obiection this item was tabled until a meeting between members of the American Lef!ion and Assistant City Engineer Wheeler could be scheduled. First Reading of Ordinance No. 2002-19, Revisions to Miscellaneous Water Utility Fees. (City Engineer/Utilities Director Shira) Second Reading and Public Hearing August 6, 2002, 7:15 p.m. City Attorney Rosenthal read the title only of Ordinance Number 2002-19. Mayor Vandergrift announced the second reading and Public Hearing date. Set Tentative Millage Rate. (Finance Director Horton) City Manager Gleason presented the report regarding the millage rate and TRIM rate. He recommended the Commission retain the current millage rate due to the fact that once it is set you cannot raise the rate, but it could be lowered. Commissioner Johnson. seconded bv Commissioner Parker. moved to set the millalle rate at the current rate of 4.6564. Motion carried 3-1. Mayor Vandergrift voted no. Commissioner Howell was away from the dais. Recess 8:55 p.m. - 9:10 p.m. Select Budget Workshop Dates. (Finance Director Horton) City Manager Gleason presented the tentative dates suggested for the Budget workshops and public hearings. Commissioner Anderson had a conflicting schedule. The dates decided on would require the Citizen's Police Academy to hold its Monday classes elsewhere for the two dates in September. City Manager Gleason stated he would get with the Police Department and with Recreation Director Farmer to work out an alternative site for the Citizen's Academy to meet. Without objection Budget Workshops were scheduled for August 21 st and 22nd and the Budget Public Hearings were scheduled for the September 9th and 23rd. These were to be confirmed by Finance Director Horton the following day. Approval of Resolution No. 2002-12 Authorizing the Mayor and City Clerk to Execute a Traffic Signal Maintenance and Compensation Agreement with FDOT. (City Engineer/Utilities Director Shira) City Attorney Rosenthal read the title only of the proposed Resolution. Commissioner Johnson. seconded bv Mavor Vander!!rift. moved to adont Resolution Number 2002-12 Traffic Si!.!I1al Maintenance and Comnensation A2:feement with FDOT. Motion carried 5-0. Adoption of Resolution No. 2002-13 Adoption of Local Mitigation Strategy. (Assistant Fire Chief Firstner) City Attorney Rosenthal read the title only of the proposed Resolution. Page 6 of9 Ocoee City Commission Regular Meeting July 16,2002 Mayor Vandergrift stated he would like a lot of PR on this to let everyone know the City of Ocoee is cooperating fullyin this process. Mavor Vander!!rift. seconded bv Commissioner Johnson. moved to adoot Resolution Number 2002-13 Adootion of Local Mitillation Stratellv. Motion carried 5-0. Contract for Sale and Purchase with Helen J. Crittenden (property at 28 E. McKey Street) Appraisal Contingency. (City Attorney RosenthaVCity Manager Gleason) City Attorney Rosenthal gave a report on the appraisal the City had received in relationship to the appraisal the property owner had submitted. He apprised the Commission of the options that were available for them to pursue. A brief discussion ensued. Without objection staff was directed to explore other options and bring a report at the August 6, 2002, City Commission meeting. There was a consensus to allow the City Attorney to terminate the contract in the event there was a time frame issue. Transfer of Deed to City With Reverter Clause on 7th Avenue. (City Manager Gleason/City Attorney Rosenthal) City Manager Gleason stated he had met with Mr. Nutt several times and that not much headway had been made. He said Mr. Nutt wanted the City to be bound by whatever SJWMD permitting would be on their land. Mr. Gleason said based on a preliminary review by the City Engineer and City Planner there are some real concerns involving drainage and how it could affect the neighborhood across the road. He said the City has made several different proposals, but Mr. Nutt has not been agreeable to any of them. City Attorney Rosenthal addressed the issue. There was a lengthy discussion Without objection no action is to be taken to allow the issue to run through the process. Appointment to Boards. Mayor Vandergrift/City Clerk Grafton Metropolitan Transportation Citizens' Advisory Board. (Mayor Vandergrift) Without objection Milton West was appointed to the Metropolitan Transportation Board to complete the term vacated by Joanne Jenson's resignation. Terms ends April 2006. Orange County Public School Task Force. (Mayor Vandergrift) Without objection Dennis Chen was appointed to the Orange County Public School Task Force. Term limits are to be established in afuture meeting of the Task Force.. Code Enforcement 3 Year Term Commissioner Johnson. seconded bv Commissioner Anderson. move to aoooint Lee Ann Stanlevas alternate comoletinll Mr. Henderson's term endinll Seotember 2004. and move First Alternate Bill Henderson uo as a full member to comolete Mr. Solomon's term endinll June 2003. Motion carried 5-0. Page 7 of9 Ocoee City Commission Regular Meeting July 16, 2002 Discussion Education Commission Mayor Vandergrift asked that this item be tabled until the next meeting, as the Chairman of the Education Commission could not be present. City Manager Gleason pointed out the membership had fallen to only five members and that it was a poor use of staff time to go to meetings when there was not a quorum present. Commissioner Anderson. seconded bv Commissioner Parker. moved to cancel the AUlllist meetinl! of the Education Commission because the membershio had fallen below the number reauired for a auorum. Motion carried 4-1. Mayor Vandergrift voted no. STAFF REPORTS City Manager Gleason gave a report on a request he had received from the Reconciliation Task Force regarding a one-acre parcel of land that has been identified as historically significant as an Afro American cemetery. The task force is requesting the City consider annexing this parcel into the City possibly to be used as a memorial. The parcel of land is located in the Chinaberry area. Without objection staff was directed to explore the possibility, the process, the cost, and report back to the Commission. COMMENTS FROM COMMISSIONERS Commissioner Howell No comment at this time. Commissioner Anderson read an e-mail announcing a CPR class to be held Saturday July 20 and Sunday July 21 at 9:00 a.m. by the Ocoee Fire Department to certify the Bulldogs and Coaches in CPR. Commissioner Johnson 1. Inquired about the progress ofthe lights around the lakefront and suggested there be a pavilion or amphitheater on the lakefront for future use at the Founder's Day event. 2. He said he had received several complaints about large signs at some businesses on Capitol Court. City Manager Gleason said he would have Code Enforcement check it out. Commissioner Parker said she had taken a course through the National League of Cities (NLC) called Policy Government. She said it was about a way to make things run smoothly and recommended anyone going to a NLC conference take the course. Mayor Vandergrift 1. Said he had attended the annual Lake Watch BBQ and he presented a report compiled by the University of Florida to the City Manager about condition of the lakes. 2. Announced the Ocoee Little League District 14 eleven-year-old All Stars played Windermere on Thursday night and beat them 3/2. 3. He asked what the procedure was for responding to e-mails from "E Better Place". He said he could not find the senders e-mail address to respond. IS Manager Ross responded to his questions and said he had a tip sheet he could provide to them to make it easier. Page 8 of9 Ocoee City Commission Regular Meeting July 16, 2002 ADJOURNMENT The meeting adjourned at 10:00 p.m. Attest: APPROVED: City of Ocoee ~ S. Scott Vandergrift, Mayor Page 9 of9