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HomeMy WebLinkAbout03-20-01 Minutes OATH OF OFFICE I, LEON "RUSTY" JOHNSON, do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of the office of Commissioner of the City of Ocoee on which I am now about to enter. So help me God. SWORN and Subscribed before me this 20th day of March 2001. OATH OF OFFICE I, S. SCOTT VANDERGRIFT, do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of the office of Mayor of the City of Ocoee on which I am now about to enter. So help me God. ~ SWORN and Subscribed before me this 20th day of March 2001. MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD MARCH 20, 2001 SWEARING IN OF ELECTED OFFICIALS: City Clerk Grafton administered the oath of office to Mayor Vandergrift and Commissioner Johnson in the Commission Chambers. After the meeting was called to order both addressed the audience briefly regarding the recent election and their terms in office. CALL TO ORDER Mayor Vandergrift called the meeting to order at 7:17 p.m. in the Commission Chambers located at 150 N. Lakeshore Drive. After briefly addressing the loss of James Michael Jocoy, whose funeral had been held earlier in the day, Mayor Vandergrift led in prayer. Lion Ted Moore led in the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENTATIONS AND PROCLAMATIONS Ocoee Lions Club - present award won at the Fair Lion Ted Moore introduced former Commissioner Sam Woodson, who spoke briefly about the Lions Club's commitment and service, particularly in preparing the Ocoee exhibit at the Central Florida Fair over the past 52 years. He said he would bring the first place ribbon won in agriculture to display at City Hall with the trophy from past years' exhibits. Disney Dreamers and Doers - Spring Lake Elementary Carol Kent, interim principal on assignment for Dr. Angela Osborne, who was on maternity leave, introduced the winner of the Dreamers and Doers award for Spring Lake Elementary, Ruben Rodriguez. Mayor Vandergrift presented Ruben a letter of congratulations and read the list of candidates from the fifth grade classes at Spring Lake Elementary who would also receive letters from the Mayor: Doralee Saez, Michael Arsenault, Mary Patton, Daniel Brockman, Mariah Hettler, Samantha Briggs, and Jordan Adkinson. Ms. Kent announced Dr. Osborne had given birth to an 8 pound 3 ounce baby boy, Connor, and would be back at work at the end of the month. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, I, and J. Commissioner Anderson said he had asked the Drama Department (item C) if they would be willing to give community service time by keeping the marquee in front of the Fire Department current for the rest of the school year in exchange for the grant requested, and a spokesperson for the group had said they would be. Kathleen Olds and Rebecca Henderson described the district competition they would be participating in and added they had been invited to be part of the opening ceremony, which is an honor. Ms. Sara Rush, drama sponsor, invited the Commission to be their guests at their production of South Pacific the first weekend in May. She said they would also bring a couple of numbers from that production to perform at the April 17 meeting. Ocoee City Commission Regular Meeting March 20, 2001 Commissioner Anderson said they had asked the Band to play at the Founders' Day parade, but due to a prior commitment, they could not. Mayor Vandergrift suggested having chamber music prior to a meeting and televising it. Commissioner Anderson. seconded by Commissioner Parker. moved to approve and accept the consent agenda as presented. Motion carried 5-0. Commissioner Johnson. seconded by Commissioner Howell. moved to increase the grant to the West Orange High School Band to $500.00. Motion carried 5-0. Britney Minnich, member of the Band Color Guard, thanked Commission for the grant and said they were the only band selected from the State of Florida to play for the Cherry Blossom Festival in Washington, D.C. A. Approval and Acceptance of Minutes of Commission Regular Session of March 6, 2001. (City Clerk Grafton) B. Approval and Authorization to Grant $300.00 $500.00 to West Orange High School Band. (Community Relations/Projects Director Shira) . The Band has been invited to the Cherry Blossom Festival in Washington, D. C. on March 31,2001. This grant will be used to help those who otherwise could not afford the trip. 126 of the 341 members reside in Ocoee. C. Approval and Authorization to Grant $600.00 to West Orange High School Drama Department. (Community Relations/ Projects Director Shira) . The Drama Department has completed District V Competition and are on their way to the State Thespian Convention. This grant will help defray the cost of the trip for some students. 20 of the 43 students in this organization are Ocoee residents. D. Approval and Authorization for Mayor and City Clerk to Execute New Statewide Mutual Aid Agreement dated July 31, 2000. (Fire Chief Strosnider) . The City of Ocoee has participated in the Statewide Mutual Aid Agreement since its inception in 1994. The new Agreement adds independent special districts and creates access to a broader array of resources to address all public entities needing assistance. E. Approval and Authorization to Use an Amount Not-to-Exceed $18,500.00 from Police Forfeiture Funds for a Camera/Recording System. (Police Chief Mark) . The equipment will be utilized to provide information to the public and video training for police personnel. The equipment will be utilized by community relations when not in use by the police department. F. Approval and Authorization to Support the West Orange Chamber of Commerce Annual Chairman's Gala and Page 2 of 10 Ocoee City Commission Regular Meeting March 20, 2001 Fundraiser with the Purchase of a Corporate Table for 10 Seats for the amount of $850.00. . This Gala is scheduled for Wednesday, April 4, 2001, at 7:30 p.m. at Disney's Animal Kingdom, Dinoland, U.S.A. G. Approval and Authorization for Mayor and City Clerk to Execute the Non-Exclusive Easement to Time Warner Communications from their Facility on Maguire Road Eastward to Bluford Avenue. (City Engineer/Utilities Director Shira) . This easement will enable Time Warner to place a cable underground and will not interfere with any current or planned city facilities. H. Approval and Authorization for Transfer of Funds from Water and Wastewater Small Equipment and Operating to Water and Wastewater Equipment and Authorize the Purchase of Motorola 800 MHz Radios by Sole Source Purchase. (Assistant City Engineer Wheeler) . This transfer is needed because the cost of the radios increased between the time of budget preparation and execution to an amount over the minimum for a capital item. Transfer $5,343 from Water Operating - small equipment (5230) to Water Operating - equipment (6400), Transfer $5,800 from Wastewater Operating - small equipment (5230) to Wastewater Operating - equipment (6400), Transfer $1,324 from Wastewater Operating - small equipment (5230) to Wastewater Operating - equipment (6400). I. Approval and Authorization for Transfer of Funds from Water and Wastewater Administration Contingency to Water and Wastewater Administration Legal Expenses. (Assistant City Engineer Wheeler) . More legal issues have required Foley & Lardner's input than anticipated. This authorizes the transfer of $5,000.00 from line item 4900 to line item 3101 to cover those needs. J. Appointment of Jeffrey Cox to Board of Adjustment and Jim Sills to CACOPD. . These board members resigned to run for office in the recent election and are willing to be reappointed. COMMENTS FROM CITIZENS/PUBLIC There were no comments from citizens at this time. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced the Relay for Life, the American Cancer Society fundraiser, to be held this weekend, March 23 and 24, at West Orange High School stadium. Page 3 of 10 Ocoee City Commission Regular Meeting March 20,2001 Commissioner Howell thanked the elected officials for taking part in the Glad Tidings Church Community Celebration last weekend and he expressed especial appreciation for the assistance given by the Public Works Department and Police/Fire Departments. Mayor Vandergrift 1) Read a letter from St. Johns River Water Management District requesting an elected official to act as liaison from this Commission to the District. As there were no details regarding meeting times and places, Acting City Manager Gleason said he would gather the information needed for a person to make such a commitment and report. 2) Announced the Cub Scout Camporee to be held in the gazebo area the last weekend this month. PUBLIC HEARING Cambridge Village - Preliminary - Final Subdivision Plan. (Planning Director Wagner) Planning Director Wagner presented the staff report, advising the site is zoned Planned Unit Development (PUD), and is proposed for 30 single-family residential units on approximately nine acres. Mr. Wagner noted this development was approved with 60 foot lots. The subject property is located on the south side of White Road, east of Clarke Road and north of the West Oaks Mall site. Along the western boundary of the project, the site abuts the Villages of West Oak residential subdivision; towards the rear the site abuts part of the stormwater pond system for the mall. Existing residential neighborhoods within unincorporated Orange County abut the site along the eastern property line, including the Rose "Hill subdivision. Principal Planner Lewis displayed pictures of the site and examples of the proposed brick column/decorative metal fence on the overhead while Mr. Wagner narrated. Mr. Wagner pointed out there were modifications to the plan requested by the Technical Staff Review Committee and technical issues raised by the Development Review Committee, many of which had been addressed. The Planning and Zoning Commission made it clear they did not like seeing plans that were not ready to be approved, and voted to recommend denial of this Plan and that the City Commission send the Plan back for further staff review until all outstanding DRC issues have been resolved. Mr. Wagner pointed out two waivers requested which should be addressed at this hearing, one for non-radial lots at the south end of the subdivision, and one to reduce the side street setback from 20 to 10 feet (unsure whether this is really needed). He added that Staff recommends approval subject to the staff comments being addressed prior to the pre- construction conference, including the waiver of non-radial lots. Mr. Bob Lochrane, Lochrane Engineering, 201 S. Bumby Avenue, Orlando, said his firm prepared the plans and they are in agreement with Mr. Wagner's comments. He pointed out the waivers were for the purpose of saving additional trees, that they could make the subdivision work without the waivers. He described further the procedure to be used by the Developer to ensure a maximum number of trees would be saved. Page 4 of 10 Ocoee City Commission Regular Meeting March 20,2001 The public hearing was opened. Mrs. Marge Johnstone, 1124 Red Dandy Drive, asked who would take care of the 25 foot buffer. She distributed pictures of the view of new 2-story houses from Floribunda Drive in Rosehill Subdivision. Mr. Wagner said the outside perimeter buffer around the brick wall as well as the buffer adjoining Rosehill would be in a tract to be owned by the Cambridge Home Owners Association. Any fences put up by individual home owners would be outside of that wooded buffer area. Mr. Ronald Ward, president of HOA Rosehill, Phase 3, asked for clarification regarding the vacation of right-of-way, brick wall buffer versus trees buffer and expressed concern regarding the placement of the retention pond next to a recreation area. Mr. Wagner responded when Rosehill was platted 25 feet of the vacated right-of-way was incorporated into Rosehilllots. The remaining 25 feet this City Commission vacated is the buffer to be used in this project. The Developer will need to maintain a 25 foot building setback from the 25 foot buffer line (which means the home will be a minimum of 50 feet from the adjoining property line). The brick wall approved by both Planning and Zoning Commission and City Commission last year was only along the western and southern edges of this project. The end result was a continuous brick wall barrier around the mall, but not separating the residential developments from each other. Mr. Wagner explained the 5 to 1 slope of the retention pond is the standard used in all the subdivisions to avoid the need for the chain link fences around the ponds as in past practice. In response to a question raised about the type of wall fronting White Road, Mr. Richard Wark, general manager of Village Construction, 1046 Lake Francis Drive, Apopka, gave a brief history of the discussions. He also noted that the buffer area is a conservation area in which nothing can be planted or removed. Ms. Dinese Corbine, 1094 Red Dandy Drive, said Mr. Wark had attended their HOA meetings and had promised them a brick wall between the subdivisions. Commissioner Parker recalled a similar and very lengthy discussion last year that went until 1 :30 a.m. during which the large group of citizens present at that time decided they would prefer lots of trees and room rather than a brick wall. Mr. Ronald Ward spoke again stating his preference of a wall instead of the proposed buffer area (which will really be woods), and pointed out there was a barbed wire fence on the Final Plan with a note that says it will remain. Page 5 of 10 Ocoee City Commission Regular Meeting March 20,2001 City Attorney Rosenthal interjected the PUD approval was a zoning approval granted after a lengthy public hearing which specifically and in detail discussed the wall, which decision this Commission at this time and under these circumstances would not have a right to change. Mr. Gerome Calless, 1259 Red Dandy Drive, spoke in favor of saving trees. Mr. Wagner explained this is a conservation/erosion control area where nothing is to be built. The public hearing was closed. Commissioner Johnson asked for a show of hands of those from Rosehill now present who were not present at the March 2000 meeting. More than 20 hands went up. Commissioner Johnson explained this Commission has always made every effort to accommodate the residents of Rosehill when the mall was being developed and when their other neighbors' developments went in, but the battle was fought last year over this development. Commissioner Johnson. seconded by Commissioner Anderson. moved to approve the Cambridge Village Subdivision Preliminary/Final Subdivision Plan subject to addressing staff comments set forth in the staff report prior to the pre-construction conference and with approval of the waiver for the non-radial lots at the south end of the subdivision and with denial of the request for a waiver to reduce the side street setback from 20 to 10 feet. and subject to the Plan being revised to provide for a brick wall for the length of the subdivision on White Road. Motion carried 5-0. RECESS 9:05 - 9:20 P.M. Non-Agenda Item Commissioner Anderson advised that due to the run-off election the hiring process for the City Manager was changed from the original schedule and Human Resources Director Psaledakis had asked for direction to send a letter to candidates with this information and requesting a response if they were still interested in being considered for the position. Without objection, this direction was given. The cut-off date for receiving applications remained at April 18 and the Commission agreed to meet sometime that week to submit a shortlist. Ms. Psaledakis also asked that the questionnaire be reviewed and that more questions be provided. OTHER BUSINESS Approval of Pre-Development Agreement with Cypress Colony, Inc. and Atlantic Richfield Co. (Colony Plaza). (City Attorney Rosenthal) City Attorney Rosenthal, referring to his staff report and draft of the Pre-Development Agreement with Cypress Colony, Inc. and Atlantic Richfield Co., apologized for not providing Page 6 of 10 Ocoee City Commission Regular Meeting March 20, 2001 this information earlier, but, he explained, it had been a work in progress until the last minute and he had wanted to avoid distributing something that bore no resemblance to the actual document. Cypress Colony, Inc., the owner of Colony Plaza, has an application pending with the City for approval of a preliminary subdivision plan for the Cypress Property which would allow for the redevelopment thereof. Additionally, Atlantic Richfield Company, the owner of the former Shell Station at the intersection of Maguire Road and S.R. 50, is in discussions with the City regarding the approvals necessary to construct a new gas station on the Atlantic Richfield site. In the course of the staff review of the Cypress Colony plans, it was determined that certain transportation improvements would be necessary in order for the proposed redevelopment to comply with concurrency requirements and address traffic circulation issues related to the proposed redevelopment. The specific improvements identified by the City are as follows: 1) A right turn deceleration lane in front of the Cypress Property and gas station property on S.R. 50. 2) The addition of a second northbound left turn lane on Maguire Road at S.R. 50 so that there will be a double northbound left turn lane; and 3) An additional four feet of pavement on S.R. 50 West of Maguire Road to accommodate a future traffic separator in order to prevent cross movements. Mr. Rosenthal described the proposed Pre-Development Agreement which addressed matters of concern to both the City and the Owners, and Mr. Wagner reviewed the plan. Mayor Vander2rift. seconded by Commissioner Johnson. moved to (1) approve the proposed Pre-Development Agreement between Cypress Colony. Inc.. Atlantic Richfield Company and the City. authorizing execution thereof bv the Mavor and City Clerk subject to execution thereof by Cypress Colony. Inc. and Atlantic Richfield Company in sufficient time for the redesign of the Maguire Road Improvement Project to occur and for a Construction Contract Change Order to be issued without the City being subject to any delay claims from the road contractor. with the Acting City Manager and the City Attorney being authorized to make additional changes to the final form of the proposed Pre-Development Agreement so long as such changes do not require any expenditure of funds by the City: (2) authorize the Mayor and City Clerk to execute a work order with Professional Engineering Consultants for the redesign of the Maguire Road Improvement Project in order to incorporate the Owners Transportation Improvements. as further addressed in the Pre-Development Agreement. with the work order being in an amount not to exceed $49.045.00 to defray the cost of the redesign: and (3) authorize execution of a Maguire Road Improvement Project Construction Change Order with Ryan Incorporated Eastern for the cost of constructing the Owners Transportation Improvements in accordance with the redesigned project. subject to the execution of the Pre-Development Agreement by all parties and further subject to acceptance thereof by the Owners and the receipt from the Owners of the Construction Contract Change Order Amount (as defined in the Pre-Development Agreement). necessary to pay the construction costs thereof. Motion carried 5-0. Page 7 of 10 Ocoee City Commission Regular Meeting March 20,2001 Report on Little League Practice Fields. (Acting City Manager Gleason) Public Works Director Smith, referring to the list and diagrams of parcels suitable for use as practice fields, said there was a lot of space but there were no funds available to build and maintain playing/practice fields. Discussion ensued including the need to allocate funds for clay, the need for youth to take care of its own fields, the need to hold a meeting in the neighborhood before establishing a play/practice area, and the need to propose a bond issue to the citizens to acquire land. For the time being, Mr. Smith was directed to make the list available to league players when they request it. Deferral of State Board of Education Action on Appeal of Charter School Application. (Assistant City Attorney Cookson) City Attorney Rosenthal advised the School Board had recently requested that the City defer its appeal another thirty days in order for the School Board to avoid incurring legal expenses in preparation of the April 24, 2001, hearing date. Based on the promising ongoing negotiations with the School Board concerning the Ocoee Charter School, and in an effort to avoid incurring unnecessary legal fees by both the City and the School Board in pursuing the appeal, staff recommended instructing William L. Thompson, Jr. Esq., to request a deferral of the appeal for a sixty day period. Mavor Vanden!rift. seconded by Commissioner Johnson. moved to instruct the City's Charter School attorney. William L. Thompson. Jr.. Esq.. to request a deferral of the appeal for a sixty day period. Motion carried 5-0. Select Commissioner to Serve on RFQ Committee for Master Planning and Engineering Services for Coke Property. (Planning Director Wagner) Without objection, Commissioner Anderson was chosen to serve on this committee. STAFF REPORTS Acting City Manager Gleason 1) Asked for authorization to move $1,000 from the Mayor/Commissioner fund to Operations to cover the cost of advertising for the position of City Manager. Without objection, this was authorized. 2) Reported Commissioner Johnson had asked that he look into the Doss parcel which has been put on the market, and he found they were asking $300,000 for the house and $35,000 for a smaller parcel. After discussion regarding offering the appraised value for the smaller parcel, without objection, Mr. Gleason was directed to see what he could do. 3) Reported the Mall is making an effort to cut down on people hanging around, and their security guards are requiring anyone there after 9:00 p.m. to have a ticket to the movie theater or be eating. He reported the statistics of the crime rate also, and said they are working with management and meeting regularly. Page 8 of 10 Ocoee City Commission Regular Meeting March 20, 2001 Mayor Vandergrift read a question submitted by telephone from Jim DeWeese asking about the plans for the Beech Recreation Center and that property. Mayor Vandergrift said there was a master plan showing some soccer fields, ball parks, tennis courts, and a passive recreation area. Later in the meeting, Commissioner Anderson read an e-mail message from Martha Lopez- Anderson regarding the appointment of a Charter Commission. This prompted a discussion regarding the schedule for appointing the Districting Commission which is scheduled for November/December, 2001, and the need for the Charter Commission to follow after the Districting Commission. Mayor Vandergrift said he would be pressing the Orange County Supervisor of Elections to let the City return to the November voting date. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker 1) Discussed the outstanding success of the boxing program and said they need more help. Acting City Manager Gleason said this is an internal operation issue and he will be discussing it with that department head. 2) Said there should be community service officers doing reports for minor accidents and vandalism on a part-time basis to free up police officers. Commissioner Johnson said there is something already written to take care of that. Mr. Gleason will look into it. 3) Congratulated Mayor Vandergrift and Commissioner Johnson on being reelected. Commissioner Johnson 1) Referring to the earlier discussion regarding the need for park space, asked that Commission consider not building houses on the Coke Property as this was a perfect opportunity to have 50 acres of green space. 2) Announced that Team Ocoee was handicapped at the Big Orange Tournament last weekend as one of the members did not show up. 3) Reminded citizens of the Spring Pickup in April. 4) Said he wants to look into picking up property for the City. Commissioner Anderson wished Mayor Vandergrift a happy birthday. Commissioner Howell 1) Asked again for a progress report on the cleanup of the railroad tracks. Mr. Gleason said the railroad authorities have been contacted and he would see that it was taken care of. 2) Reminded all of the District 1 run-off election at Beech Recreation Center AprillO. Page 9 of 10 Ocoee City Commission Regular Meeting March 20,2001 3) Invited all to check out the Boxing Club Friday night as the officers will be there talking to the youth and they will share pizzas and watch the Friday night fights on TV. 4) Said he has tried to talk to several employees in three different departments for the last two weeks and was told they were not allowed to talk to elected officials. Mr. Gleason said he had no idea where that was coming from, as he had expressed to department directors exactly the opposite - that open communication was necessary and much desired. Commissioner Johnson and Commissioner Parker both said they had heard it as well. Commissioner Johnson suggested Mr. Gleason send a letter to the department heads advising this is not the case. Mayor Vandergrift said Police Officers are safety officers and asked that, while they are cruising, they report lights out to the proper department or agency as well as stop signs that are down. He said there was a stop sign in Coventry that was knocked down and then disappeared. ADJOURNMENT The meeting adjourned at 11 :01 p.m. Attest: APPROVED: City of Ocoee ~'l ...___-.-' " () ~.~ .' cc- c:::;.;"... / ~) ~ ),~t-;{) . tu~ ),.' . S. Scott Vandergrift, Mayor '............ I ......" Page 10 of 10