Loading...
HomeMy WebLinkAbout01-02-01 Minutes MINUTES OF THE OCOEE CITY, COMMISSION REGULAR MEETING HELD JANUARY 2, 2001 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 15 p. m. in the Commission Chambers. Former Mayor Lester Dabbs led in prayer and Mr. R. P. Mohnacky led the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were Acting City Manager Jim Shira, Acting Building/Zoning Official Washington, City Clerk Grafton, Community Relations/Projects Director Shira, Planning Director Wagner, Principal Transportation Planner Friel, and Principal Planner Lewis. ABSENT: None PRESENTATIONS AND PROCLAMATIONS School Construction (30 minutes) - Orange County Public Schools: Joe Mittiga, Executive Director, Community Relations and Dan Buckman, Associate Superintendent, Governmental Relations Mr. Dan Buckman gave a power point presentation about the school construction/reconstruction in Orange County. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, and Mrs. Rhonda Johnson, 5114 Log Wagon Road, raised questions to which Mr. Buckman responded. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Howell asked for clarification on item C about how the voters would be advised of the new polling place. City Clerk Grafton advised the Supervisor of Elections office would send notices to the affected voters and the information would appear on the City's web page, in the Orlando Sentinel and West Orange Times and be broadcast on Channel 10. Commissioner Anderson. seconded bv Commissioner Parker. moved to approve the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of December 19, 2000. (City Clerk Grafton) B. Approval and Authorization for Mayor and City Clerk to Execute Windsor Landings Subdivision (tka Ocoee Crossings) Final Plat. (Engineer I Gavrilovic) · Windsor Landing Subdivision is a 214 lot single family subdivision located on the east side of Maguire Road, northwest of Parkridge-Gotha Road. All required documentation pertaining to the platting of this subdivision has been received and approved. Ocoee City Commission Regular Meeting January 2, 2001 C. Approval and Authorization to have Two Polling Places for Municipal Election. (City Clerk Grafton) · This request provides that Districts 1 and 4 will vote at Beech Recreation Center and Districts 2 and 3 will vote at the Community Center in the March 13,2001, election and the April 10 run- off election, if needed. . COMMENTS FROM CITIZENS/PUBLIC Former Mayor Dabbs, 619 Caborca Court, addressed the Commission regarding the charter school issue, cautioning against assuming extra liability. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson announced Jason's Restaurant was rated number 1 in the area for Italian food and desserts. Mayor Vandergrift 1) Called attention to the agenda for the January 3 joint meeting with the Orange County School Board. 2) Displayed the new Ocoee Calendar and commended Community Relations/Projects Director Shira and her staff for a fine job. PUBLIC HEARINGS Second Readings of Ordinances Ordinance No. 2001-01, West Oaks Square, Land Use Plan Amendment, Project No. LS- 98-00SA. (Planning Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Planning Director Wagner gave the staff report, and Principal Planner Lewis assisted with the overhead display. Mr. Wagner said this is a substantial amendment to an existing PUD on a site located south of State Road 50, just east of Citrus Oaks Avenue, south of the West Oaks Mall. The Property was originally approved as a PUD in 1998 and zoned Professional Services, and a portion of it A-2, Agricultural at that time. There is a small office building to the east of the side of Citrus Oaks which is also owned by the same property owner and there is a wetland area to the rear. This was the first project approved under the upgraded Activity Center regulations in 1998. Currently the site contains a 20,000 square foot building which houses a variety of offices and retail uses. The sidewalk for a portion of the site has never been completed and the identification sign for the building has not been built and as a result this building has not received a permanent certificate of completion. He listed the four separate amendments requested and advised the Development Review Committee and the Planning and Zoning Commission recommended denial as the developer did not make an effort to change the PUD. The first amendment requested is to add a restaurant use to this PUD. The second is for a second driveway along State Road 50. The third request is to eliminate the developer's Page 2 of 8 Ocoee City Commission Regular Meeting January 2, 2001 responsibility for constructing the sidewalk on the eastern portion of the project. The fourth amendment is to change the directory sign from the approved 36 square feet to 100 square feet. Mr. Dan O'Keefe, 221 Wescliff Drive, representing the developer, said the applicants have been working with staff a long time and did not envision a restaurant in the beginning. He requested that each item be considered separately. Mr. Dean Sant spoke also. The public hearing was opened. 1. On the matter of adding a restaurant use to this PUD: Mrs. Pat Bond, Chairman of Planning and Zoning Commission, said the P & Z heard this in October and the consensus of the Board was to hold with the decision made by previous Commissions regarding the State Road 50 Activity Center - with Professional Services on the south side of State Road 50. She expressed concern about the balloons and flags flying, making the place look like a circus. Commissioner Anderson said he had copies of three different code violations processed for this property and gave them to the City Clerk to file. Jason Sams and Denise Lenko spoke briefly. Following discussion at the table, Mayor Vandergrift announced there was consensus in favor of this request as only one Commissioner had spoken out against the restaurant. 2. On the matter of an additional driveway east of the existing driveway along State Road 50: Principal Transportation Planner Friel gave this staff report, saying staff thought it was not consistent with State and FDOT standards, and that restriping would help safety there. Following a long discussion regarding curb cuts and DOT, Mr. Friel said staff had repeatedly asked for something to react to and had received nothing yet. Mr. Wagner had made it clear the ordinance does not permit a second access and if the developer wished to move the existing access they should bring in a plan for review. Consensus was to give this further study with DOT and then come back. 3. On the matter of the sidewalk: Mr. Friel advised the applicant has asked for a certificate of occupancy even though they have not finished the sidewalk and they have an agreement with DOT to finish the sidewalk at a later date. Mr. O'Keefe said they could bond the sidewalk by FDOT if it was not done by a certain date. Consensus was reached that there was no problem accepting the bond as long as DOT agrees in writing and will do the sidewalk within two years. Page 3 of 8 Ocoee City Commission Regular Meeting January 2, 2001 4. On the matter of the sign: The applicant requested a 10 X 10 sign and Mr. Wagner pointed out that the 6 X 6 that was on the drawing was what was approved. There was no discussion in favor of granting a 10 X 10 sign. Commissioner Anderson read an e-mail message from Jeff Burns, 363 Seaside Point. The public hearing was closed. Mayor Vander!!rift, seconded bv Commissioner Howell. moved to approve and adopt Ordinance No, 2001-01 with the following revisions and subiect to the following conditions: 1. The approval by the City Commission of the first amendment to the existing Development Agreement and the execution thereof by the applicant and consistent with the revisions to Ordinance No. 2001-01 made by the City Commission. 2. The revision of the amended Land Use Plan as proposed by the applicant to delete the proposed second access from State Road 50 with the understanding that final action on the request for a second access from State Road 50 and the public hearing thereon is continued to a future date to be established by the City Commission but in no event later than three months from the date of this meeting. 3. The revision of the proposed amended Land Use Plan to provide for the construction of the sidewalk. or the remaining portion of the sidewalk, consistent with FDOT requirements be commenced within two (2) years from the date of this meeting by either the Florida Department of Transportation or the applicant and diligently continued to completion. and in the event such commencement is not constructed and diligently pursued as aforesaid. then the City mav. at its option, design. permit and construct. and/or complete, the sidewalk at the sole cost and expense of the developer. and that the developer be required to post a bond to secure the obligations with respect to the sidewalk in an amount to be mutually agreed upon between the applicant and the Citv Engineer. 4. To deny the request of the applicant for a sign waiver and to revise the amended Land Use Plan consistent with such denial so that there is no change in the currently approved signage. 5. That Ordinance No. 2001-01. the amended Land Use Plan. and the exhibits thereto be revised consistent with this Ordinance and upon the happening of all those authorizing execution thereof bv the Mavor and City Clerk. Motion carried 5-0. First Amendment to the Development Agreement (West Oaks Square) dated December 1, 1998. (Not a public hearing) City Attorney Rosenthal briefed the Commission on the proper wording for the motion, considering the action just taken on the adoption of the Ordinance. Page 4 of 8 Ocoee City Commission Regular Meeting January 2,2001 Commissioner Parker, seconded by Commissioner Johnson. moved to approve the proposed First Amendment to the Development Agreement (West Oaks Square) subject to receipt by March 7. 2001 of a letter from the Florida Department of Transportation confirming the FDOT commitment to construct the sidewalk along State Road 50 subject to the availability of funding within two (2) years from the date of this meeting. such confirmation letter to be acceptable to the City Manager and the City Attorney and further subject to the draft First Amendment to the Development Agreement in the agenda packet being revised consistent with Ordinance No. 2001-01 as revised by the City Commission and with those revisions being subject to confirmation by the City Manager and City Engineer that they have been incorporated. and upon that happening. authorizing execution thereof by the Mayor and City Clerk. Motion carried 5-0. Mayor Vandergrift and Commissioner Howell left the dais. Ordinance No. 2001-02, Amendments to Chapter 7 of the Ocoee Code of Ordinances (Code Enforcement) Based on Recent Legislation Changes. (Assistant City Attorney Cookson/Code Enforcement Supervisor Simon) City Attorney Rosenthal read the title only of the Ordinance. This Ordinance provides for amendments to Chapter 7 (Code Enforcement) based on recent legislative changes: 1) a change in the definition of "Repeat Violators," 2) the addition of disclosure requirements, 3) express protection to the City for City-made repairs, 4) the ability to sue to recover a money judgment, 5) additional notice options to alleged violators. Acting Building/Zoning Official Washington was present to answer questions. The public hearing was opened. . Denise Lenko spoke in support of both this Ordinance and the one following. The public hearing was closed. Commissioner Johnson. seconded by Commissioner Parker, moved to adopt Ordinance No. 2001-02 and authorize execution thereof by the Mayor and City Clerk. Motion carried 3-0. Mayor Vandergrift and Commissioner Howell were away from the dais. Ordinance No. 2001-03, Amendments to Chapter 43 of the Ocoee Code of Ordinances (Animals). (Assistant City Attorney Cookson/Code Enforcement Supervisor Simon) City Attorney Rosenthal read the title only of the Ordinance. This Ordinance provides that the City of Ocoee Animal Control Officer will work in conjunction with the Orange County Animal Control Service office to provide for the animal control issues within the City, and further provides that the City will retain the revenue received from the citations issued by the City of Ocoee's Animal Control office. Acting Building/Zoning Official Washington was present to answer questions. Page 5 of 8 Ocoee City Commission Regular Meeting January 2, 2001 The public hearing was opened and Ms. Lenko's statement in support made in the previous public hearing was noted. As no one else wished to speak, the public hearing was closed. Commissioner Parker. seconded bv Commissioner Johnson. moved to adopt Ordinance No. 2001-03 and authorize execution bv the Mavor and City Clerk. Motion carried 3-0. Mayor Vandergrift and Commissioner Howell were away from the dais. OTHER BUSINESS First Reading of Ordinance No. 2001-04, Coke Property Annexation, Case No. AP-2000- 10-01 (Senior Planner McGinnis). Second Reading and Public Hearing Scheduled for January 16, 2001 at 7:15 p.m. City Attorney Rosenthal read the title only of the Ordinance. Mayor pro tem Anderson announced the second reading and public hearing would be held January 16 at 7:15 p.m. Mayor Vandergrift returned to the dais during the consideration of the next item. Approval and Authorization of Change Order #1 - Maguire Road Project (Acting City Manager Shira) Acting City Manager Shira was present to respond to any questions. This Change Order consisted of five items: the deletion of gear drives from thirteen 16" gate valves, an increase in the quantity of filter fabric wrapped storm sewer pipe joints, closing an abandoned well on property intended for use as Pond #1, the installation of an additional storm sewer manhole, and the repair of a water main damaged by Sprint telephone company's sub-contractor. The total amount of the change order is $39,728.88, with $30,080.60 items for which the City is responsible, and $9,648.28 for which Sprint is responsible. Commissioner Anderson, seconded bv Commissioner Parker. moved to authorize the Mavor and City Clerk to execute Change Order #1 to the Maguire Road proiect in the amount of $39.728.88 and direct staff to charge $9,648.28 of that amount to Sprint's Contingency Fund as established bv the Sprint-Florida/City of Ocoee utility relocation agreement. Motion carried 4-0. Commissioner Howell was away from the dais. Appoint Acting or Interim City Manager Mayor Vandergrift advised this Commission had met with the department heads earlier in the day to receive input regarding filling the Acting City Manager position. The discussion during that meeting had focused on the advisability of going outside of this organization versus staying inside the organization for an Acting City Manager and he asked for the will of this Commission. Consensus was to go outside. He said he h~d contacted the lCMA and they had sent the names and resumes of Range Riders, some of whom were retired and interested only in the temporary position, while others were interested in being considered for the full time position. Mayor Page 6 of 8 Ocoee City Commission Regular Meeting January 2,2001 Vandergrift said he had distributed copies of that information. Commissioner Anderson stated he would prefer to choose someone he knew rather than to read resumes and then have to take the time to interview, and he moved to bring Jim Gleason on as Acting City Manager until further notice. Commissioner Parker seconded the motion, but later in the discussion both the motion and the second were retracted in favor of a more detailed motion. Commissioner Johnson spoke in favor of hiring Mr. Gleason and Commissioner Howell said, although he felt he would do a good job, he wished to review the resumes before making a decision. Mayor Vandergrift was not in favor of hiring Mr. Gleason. City Attorney Rosenthal said several details, such as effective date and salary, should be established and included in the motion. Commissioner Anderson said he wanted the salary to be whatever the starting salary in the City Manager position pay grade was. Commissioner Johnson said use the same pay grade Mr. Shapiro was being paid. Mayor Vandergrift said he was a contract employee and someone should be negotiating with him on those issues. Mr. Rosenthal said this is not a contract empl?yee situation, but rather a temporary employee which this Commission would be appointing as Acting City Manager until such time as the City Commission takes further action to appoint the permanent City Manager. He then reviewed the City Charter paragraphs on the issue. Mr. Gleason said he had not been a part of the process, and when he was first approached he expected Mr. Shapiro would not leave. He said, since that has happened, his employer has advised he could take whatever time is necessary to fill this position and he would need two weeks to take care of the needs at the hospital. He said he would be available January 15. Commissioner Anderson, seconded bv Commissioner Parker, moved to continue the appointment of Jim Shira as Acting Citv Manager through Januarv 15. 2001. whereupon Jim Gleason is appointed Acting City Manager effective January 16,2001. to serve until such time as the vacancy in the position of City Manager is filled or until such time as the City Commission appoints another Acting City Manager, with the salary and benefits (without a contract) being the same as previously existed with City Manager Shapiro. Motion carried 3-2. Mayor Vandergrift and Commissioner Howell voted no. Mayor Vandergrift asked Mr. Gleason to tell of his experience in this field. Mr. Gleason advised he has served as a City Commissioner, has been involved in the process of planning and development, has been an active member in the community involving the school systems and the Chamber of Commerce. He said, in addition to that, he sits on the boards for the Senior Resource Alliance, Healthy Start (for pre-natal children), and he has a masters degree in public administration. He listed his contacts that would be of value to him and the City. Page 7 of 8 Ocoee City Commission Regular Meeting January 2, 2001 STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Parker said she would like a report on the interviews for dispatch manager. Commissioner Anderson asked that the e-mails received during this meeting (but not read aloud) be made a part of the record. There were two messages from Jeff Burns, 363 Seaside Court, addressing the West Oaks Square issue and requesting Commission to support the requirements of the Activity Center Ordinance. Also a message from a person named Mary requesting a type of policy that would require a homeowner applying for a building permit to first show a signed approval from the HOA ARB. ADJOURNMENT The meeting adjourned at 11:20 p.m. Attest: APPROVED City of Ocoee Page 8 of 8