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HomeMy WebLinkAbout09-04-01 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD SEPTEMBER 4, 2001 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 15 p.m. in the Commission Chambers located at 150 N. Lakewood Avenue. Pastor Jack Andrews led in the prayer and Buzz Matthews led in 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 City Manager Gleason, City Attorney Rosenthal, Building/ Zoning Official Velie, City Clerk Grafton, Assistant City Engineer Wheeler, Community Relations/Projects Director Shira, Finance Director Horton, Planning Director Wagner, Senior Planner McGinnis, Recreation Director Nordquist, Boxing Club Manager Cristelli, and Assistant City Attorney Doty. PRESENTATIONS AND PROCLAMATIONS YMCA Request for Support - Charles "Buzz" Matthews, Executive Director Mr. Buzz Matthews requested support for the YMCA and introduced Mr. Bob Buchanan, who also spoke. City Manager Gleason said a list of all who have requested support would be prepared for the Commission before the final budget public hearing and he recommended waiting until the storm season has passed before committing to support for organizations. WATER SHORTAGE UPDATE Assistant City Engineer Wheeler reported on the status of the water shortage and advised the watering restrictions are still being enforced. Years of Service Award - 5 Years: David A. Wheeler, Assistant City Engineer. Mayor Vandergrift read about Mr. Wheeler's history with the City and presented his awards to him. PRESENTATION: POWR Park - (Community Relations/Projects Director Shira) Community Relations/Projects Director Shira advised that work has begun on the POWR Park located in front of the Police Department parking lot on Bluford Avenue. She said this park is not a children's playground, but rather is designed to give examples for citizens to see irrigation systems and what types of plants to grow in this area. St. Johns River Water Management District partnered 50-50 with the City to build the park, and provided the landscape architect. DeWitt Excavating did the soil/cement and U.S. Brick will do the walkways. Rainbird Irrigation Systems is donating all of the irrigation system components. Ocoee Parks and Open Space Master Plan/Impact Fee Study (Planning Director Wagner/ Senior Planner McGinnis) Planning Director Wagner, noting that it had been ten years since the Park and Recreation Impact Fee had been updated, said this Master Plan sets the stage for the updating of the Impact Fee and gives the legal support necessary to counter any possible arguments against the adoption Ocoee City Commission Regular Meeting September 4, 2001 of the Ordinance. Mr. Wagner reviewed the changes in the districts in the proposed Ordinance and the reasons for those changes. He asked that any changes desired in the Ordinance be made known during this presentation so they could be incorporated prior to the second reading and public hearing scheduled for the September 18 meeting. Senior Planner McGinnis gave a brief overview of the Master Plan, advising that it had been reviewed by senior staff, Planning and Zoning Commission, and Parks and Recreation Advisory Board and many of their comments had already been incorporated. Ms. McGinnis said the Parks and Recreation Advisory Board had requested an Impact Fee of $509.22 to accommodate more facilities, instead of the originally proposed fee of $408.02 per dwelling unit. She asked for direction from the Commission regarding the Fee. Mayor Vandergrift said the Expressway may have some land available to donate to the City, or possibly grants would be available to enable the City to purchase some of their property to put a park on the south side of town. He said to watch also for mitigation funds from the Expressway to do something with the 40 acre park on the Coke property. Commissioner Anderson said he wanted to project increases to the Impact Fee using the CPI or some other measure. Mayor Vandergrift said that is called indexing and the State frowns on it. City Attorney Rosenthal said to provide for automatic increases it would have to be incorporated in the Ordinance, and it would take affect unless a vote of the City Commission to the contrary was made. He added that if such direction was the consensus of the Commission, it would need to be prepared before the second reading of the Ordinance. Ms. McGinnis said it should be revisited every five years anyway. This plan covers 100% of the cost, and they would be aggressively seeking grants and developer contributions and in-kind services for the rest of the parks to off-set the escalating costs for construction and acquisition of land. Mr. Gleason said he would research whether the State has a provision for/against automatic Increases. Commissioner Johnson asked if Ocoee could tie into the use of the County parks on the south side. Mr. Wagner said he would check into it, because if so, that, in addition to the land from the Expressway Authority, would meet the needs of the City's population. Mayor Vandergrift suggested rounding off the figure for the Impact Fee to $400.00. Mr. Wagner said that was a good idea and it would be easier to administrate, and he asked for consensus regarding whether to go for the higher figure. Page 2 of 10 Ocoee City Commission Regular Meeting September 4, 2001 Mayor Vandergrift said he wanted to include something to help the City get connected to the West Orange Trail, and then he polled the Commission regarding the Impact Fee. Commissioner Parker would go with $500.00. Commissioner Johnson agreed. Commissioner Anderson agreed and asked that the automatic increase be researched and incorporated if possible. Commissioner Howell agreed. Mayor Vandergrift was in favor of $400.00 and no automatic increase. Mayor Vandergrift announced a majority wished to go with $500.00 and to look into indexing, and staff was so directed. Coke Property Master Plan Update (Reggie Tisdale, VHB/Brian Canin, Canin & Associates/ Jim Lewis, Charles Wayne Co.) Planning Director Wagner gave some background to this issue and noted this conceptual plan was different from that previously agreed upon during the due diligence study and explained why. He said there was still a lot of work to be done and the School Board has asked that the high school site be carved out now because one month from now they intend to begin designing the high school. Brian Canin, Canin & Associates, gave a brief comprehensive look at moving the school site because of the topography and gave a powerpoint presentation. Reggie Tisdale, VHB, discussed the stormwater system. He advised A vanti Properties have negotiated with Orange County for utilities and the Coke property can take advantage of that. He said further the two key things to be addressed are: 1) should diligently pursue an agreement with Orange County Utilities Department to participate with the City in the provision of utilities for this site, and 2) there should be clear definition of responsibilities of the development from the perspective of the Orange County School Board and the City of Ocoee. City Manager Gleason reported meeting with Teresa Jacobs on piggybacking this on the Avanti development, and planning to treat it as one regarding utilities. Jim Lewis, president of Charles Wayne Consulting, said this plan is superior the previous one and he explained why. He said they are still working on the cost estimates, but it appears this project will be in a break-even situation and will take a decade to develop. Following discussion regarding the residential development versus commercial development, Mr. Rosenthal reviewed the issue: I) In terms of bond issue financing, this Commission has already approved an approximate $4M line of credit with SunTrust which was drawn down for the Page 3 of 10 Ocoee City Commission Regular Meeting September 4, 2001 acquisition and will be used for other development expenses. It is essentially now an interest only loan and from a budgetary standpoint, the City is funding that from the City with the ultimate objective of that cash being reimbursed to the City as sales occur. The reimbursements were intended to reimburse the principle, the interest it cost to borrow that money, and also provide capital for the infrastructure cost associated with this. He noted the 40 acre residential development was to come as the first sale to reduce that debt down and reduce the interest carried. 2) When the original decision was made to go forward with this project, he had given a detailed summary of their due diligence analysis, one aspect of which was the development of regional impact issues. As it stands now the development is not a regional impact issue, but if it is turned into a "Maitland Center" type it would then be a development of regional impact. He said if that is what Commission wants they should direct the consultants so; however, 3) The critical issue at this time is that the School Board wants their land and they have paid for it. He added if it worked cash-flow wise it would be possible to change the rooftops to park area. After lengthy discussion, Mayor Vandergrift said he heard no objections to the currently proposed site for the school. Mr. Rosenthal said, until the City Commission gives direction otherwise, staff would proceed with the plan approved November and December and tweaked tonight. TREES REMOVED AT VILLAGES OF WEST OAKS PHASE II Building/Zoning Official Velie introduced Zoning Coordinator Harper, who then reported on the removal of trees in the conservation area at the Villages of West Oaks Phase II subdivision. Mr. Harper asked for direction to do a full inventory of the site. Mr. Gleason said the site has been red-tagged and he recommended taking the time to totally assess the damage and prepare a report to bring back before the Commission. He added the site will remain shut down until all issues have been addressed. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, and G. Mayor Vandergrift pulled item B for separate consideration and Commissioner Anderson pulled item G. Commissioner Howell. seconded by Commissioner Johnson. moved to approve items A. C. D. E. and F of the consent agenda. Motion carried 5-0. A. Approval and Acceptance of Minutes of Commission Regular Session of August 21, 2001. (City Clerk Grafton) B. Pulled for separate consideration (see below) C. Approval and Authorization for the Daily Fees for the Family Aquatic Center Community Swim Times. (Recreation Director Nordquist) Page 4 of 10 Ocoee City Commission Regular Meeting September 4, 2001 . Staff recommends allowing open community swimming (no cost) at the Beech Multi- Purpose Recreation facilities Family Aquatic Center for the month of October and revisit the fee structure prior to next April's reopening. D. Appointments to Boards 1. Code Enforcement Board-Alternate Member Spencer's term ends October 2001. . Member Spencer was moved to complete Roy Ellison's term. We received one application from Robert Donenfeld, who is willing to serve as alternate member for a term ending October 2004. 2. Parks and Recreation Advisory Board - Terms of Members DeWeese, Telesca, Werts and Wilsen end October 2001. . All four members are willing to serve another term and approval of this item will reappoint them for terms ending October 1, 2003. (One vacancy remains as a result of Mr. Lindendauer's resignation, but we have received no applications to date.) E. Approval and Authorization for the Ocoee Founders' Day Special Events Permit. (Community Relations/Projects Director Shira) . This special events application covers all events and activities slated for Saturday, October 20,2001; i.e., parade, classic car show, arts and crafts booths, bicycle safety fest, historical exhibits at the Maguire House, Woman's Club, and Community Center, rides, entertainment, fireworks, etc. from 9 a.m. to 9 p.m. The road closures for McKey Street and Bluford A venue have been approved by FDOT. This permit covers the closure of Oakland Avenue from Bluford to Lakeshore, Lakewood Avenue from Oakland to McKey, Lakeshore Drive from Oakland to N. Lakewood, and Delaware Gust during the parade). Zambelli will be using the same staff to do their fireworks as last year and the paperwork (including insurance) is in place. F. Approval and Authorization for the Ocoee Founders' Day 5K Special Events Permit. (Community Relations/Projects Director Shira) · This race/fun walk takes place on Saturday, October 13, 2001, and begins and ends at the West Oaks Mall. The road closures for the race include Clarke Road from State Road 50 to White Road, White Road from Clarke to E. Lakeshore Drive, and then the internal roads of Sleepy Harbour Subdivision (Stinnett, Vandergrift, and East Lakeshore). The roads will be closed from 7:30 a.m. to approximately 8:30 a.m. . Pulled for separate consideration (see below) CONSENT AGENDA ITEMS PULLED FOR SEPARATE CONSIDERATION ITEM III.B Mayor Vandergrift asked several questions and Finance Director Horton responded. Commissioner Johnson. seconded bv Commissioner Howell. moved to approve item B relating to the Third Quarter Financial Report as presented. Motion carried 4-0. Mayor Vandergrift was away from the dais. · Approval and Acceptance of the Third Quarter Financial Report. (Finance Director Horton) Page 5 of 10 Ocoee City Commission Regular Meeting September 4, 2001 . Staff has completed its evaluation and analysis of the FYOl third quarter revenues and expenditures. ITEM III.G. Mr. M. Claude Hawthorne, who lives just off the last remaining remnant of the original Old Winter Garden Road, gave a brief history of that area and, noting that many citizens are now using that road as a cut-through from Highway 50 to Bluford Avenue, expressed concern about its increased use when Wal Mart SuperCenter is opened. He stated the cars are presently speeding on that road as it is, and he asked for traffic control signs. City Manager Gleason said he would meet with Police Chief Mark, Public Works Director Smith, and City Engineer Shira to determine what should be done to protect the road. Commissioner Anderson addressed the issue of external and internal facility security in larger buildings such as this one due to the calls received earlier regarding the safety issues at WalMart Supercenters, and he asked for an ordinance. There was consensus to support this. Later in the meeting, Mayor Vandergrift read a message just received from Wal Mart advising they will have security cameras, etc. Commissioner Anderson. seconded bv Commissioner HowelL moved to approve item G. relating to the Wal Mart Final Plat. as presented. Motion carried 3-0. Mayor Vandergrift and Commissioner Johnson were away from the dais. . Approval and Authorization for Mayor and City Clerk to Execute Wal Mart Final Plat. (Engineer I Gavrilovic) . This SuperCenter is located on the south side of SR 50, just west of the East-West Expressway. All required documentation pertaining to the platting of this subdivision has been reviewed and approved by City Staff. An Irrevocable Standby Letter of Credit (performance bond) has been issued in the amount of $2,829,016.38 for all on- and off- site improvements pertaining to Wal Mart and the associated outparcels. The Maintenance Bond will be issued when the construction contract has been awarded. RECESS 9:57 - 10:07 P.M. COMMENTS FROM CITIZENS/PUBLIC Mr. Robert Donenfeld, who had just been appointed to serve as alternate member on the Code Enforcement Board, thanked the officials for his appointment. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker said she had made reservations for a foursome on the Health Central Golf Tournament for Thursday, shot gun start at 8:00 a.m. Page 6 of 10 Ocoee City Commission Regular Meeting September 4, 2001 Commissioner Anderson announced the Aquatic Center would be open October 6 at 10:00 a.m. and for the month of October its use will be free to the residents. Mayor Vandergrift 1) Announced beginning Monday, 1:30 - 3:00 p.m. the Ocoee Computer Club for Seniors would be meeting each week in the Community Center. Gary Thomas will be teaching the classes. Membership will be $25.00 per year for individuals, $30.00 per year for families, and $3.00 at the door for each session. 2) Announced the 2001 Ocoee High School Reunion will be held Friday, October 19, 7:00 p.m. - 12:00 M. at the Jim Beech Recreation Center. For more information call Jim Riffle at 407 293-7707 or Jan Crews at 407656-4019. The alumnae association is meeting weekly for planning. E-mail Mr.Riffleatjriffle@cfl.rr.com. PUBLIC HEARINGS: No hearings are scheduled. OTHER BUSINESS First Reading of Ordinance No. 2001-24, Recreational Parks Impact Fee. (Planning Director Wagner) Second Reading and Public Hearing are September 18, 2001, at 7:15 p.m. City Attorney Rosenthal read the title only of the Ordinance. Mayor Vandergrift announced the second reading and public hearing scheduled for September 18, 2001, at 7:15 p.m. City Manager Gleason announced the Tentative Budget Public Hearing scheduled for September 5,2001, at 7:00 p.m. and the Final Budget Public Hearing scheduled for September 24,2001, at 7:00 p.m. ITEMS WERE TAKEN OUT OF AGENDA ORDER Pioneer Key Drainage Improvement Project: Proposed Settlement re: Parcel Nos. 2 and 3 (Dean Harper). (Assistant City Attorney Doty) Assistant City Attorney Doty' s staff report provided particular information about the acquisition of Parcels 2 and 3 in the Pioneer Key Drainage Improvement Project, 71 Sand Dollar Key Drive and 70 Sand Dollar Key Drive, from Dean Harper, the owner, pursuant to an Order of Taking entered by the Circuit Court. Staff recommendation was to settle as the costs of continued litigation could quickly exceed the value of the properties. Ms. Doty was present to respond to questions and she introduced Dan Gasti, Esquire, an associate with Foley and Lardner. Page 7 of 10 Ocoee City Commission Regular Meeting September 4, 2001 Commissioner Howell. seconded by Commissioner Anderson. moved to aoorove the settlement of the eminent domain litigation for Parcels 2 and 3 bv oavment of $34.500.00 for Parcel 2 and $33.950.00 for Parcel 3. $2.000.00 to Steve Matonis for his reasonable aooraisal fees. and $5.577.00 to Paul Linder. Esquire. for his attorneys' fees. in comolete satisfaction for all claims of Dean Hamer. inclusive of interest and authorizing the City Attornev or Assistant City Attorney to execute a final judgment for these amounts. Motion carried 5-0. A Better Mobile Storage, Inc. (ABMS) Waiver Request regarding Landscaping and a Pre- Engineered Building. (Planning Director Wagner) The Better Mobile Storage site is located at the west end of Enterprise Street at its intersection with Roper Parkway, backing up to the SR 429 expressway (Western Beltway). Along a portion of the southern edge of the Better Mobile Storage site, there is an underground drainage pipe which empties into a large open drainage ditch, also adjacent to the site. There is no drainage easement for those drainage facilities, but there is a serious problem because the pipe needs significant repairs and there has been severe erosion at the end of the ditch. The owner has offered to provide a drainage easement and to do the necessary repairs to the pipe and the ditch, in exchange for waivers to certain Code requirements on the site plan. Staff believes that the two proposed waivers result from unique site-specific conditions and that the off-setting public benefits may justify the two proposed waivers. The two waivers are: 1) a waiver to not require any landscaping in any of the perimeter landscape buffers, except as currently shown on the plan along a portion of the southern property line; and 2) a waiver to allow a 10' X 60' pre-engineered building that would not meet the strict building design guidelines in the Land Development Code. The owner has agreed to address the remaining outstanding issues as listed in a Staff memo dated August 28, 2001, with a revised agreement and site plan upon approval of the waivers. Commissioner Howell. seconded bv Commissioner Parker. moved to approve the two waivers for the Better Mobile Storage site (Project No. SS-2001-002): Le.. 1) a waiver to not require any landscaoing in any of the oerimeter landscaoe buffers. exceot as currently shown on the plan along a portion of the southern orooerty line: and 2) a waiver to allow a 10' X 60' ore-engineered building that would not meet the strict building design guidelines in the Land Develooment Code. subject to: 1) the owner providing the needed drainage imorovements. to be specified bv the City Engineer: and 2) subject to revising the lot tying agreement and the site plan to address all other outstanding issues identified in the staff memo dated August 28. 2001. Motion carried 5-0. Resolution No. 2001-09, Repealing Resolution No. 95-20, Investment Policy, and Adopting an Amended Investment Policy. (Finance Director Horton) Page 8 of 10 Ocoee City Commission Regular Meeting September 4, 2001 City Attorney Rosenthal read the title only of Resolution No. 2001-09 which updates the City's investment policy to a) conform to legislative amendments by the State of Florida and b) update terminology for the positions responsible for the procedures identified in the policy. Commissioner Anderson. seconded by Commissioner Parker. moved to enact Resolution No. 2001-09 as Dresented. Motion carried 5-0. Review of City Logo Options. Brent Myrold, Metropolis City Manager Gleason advised Mr. Myrold had called to say he could not be present due to illness. Mr. Gleason requested those who had picked up cards and literature with logos they liked at other meetings and conferences give them to him to pass on to Mr. Myrold. STAFF REPORTS City Manager Gleason I) Said a communication had been received from the National League of Cities advising that if Ocoee plans to send a voting delegate to the meeting in Atlanta in December the delegate's name must be submitted by October 5. This will be on the September 18 agenda. 2) Advised that, due to some miscommunication, the contract for the wrestling/boxing event held at the Beech Recreation Center August 18 did not get prior Commission approval for the Mayor to execute the Wrestling Tournament Agreement. He asked for such authorization at this time, as there are funds due to the promoter ($600) and no authorization to pay on record. Commissioner Parker. seconded by Commissioner Johnson. moved to authorize the Mayor to execute the Agreement and staff to pay the Dromoter. Motion carried 5-0. COMMENTS FROM COMMISSIONERS Commissioner Parker thanked the ladies in Jazzercise. Commissioner Johnson I) Wants to look at an ordinance, which adds an impact fee of $1.00 per square foot to new buildings, with the intent to use 1/2 of the funds for schools/properties and 1/2 for downtown improvement, or recreation. 2) Noted that all of the right-of-ways should be mowed and the weed eater should be used where the mower will not reach. 3) Listed ways he wanted Ellis Shapiro's memory honored in the near future: a plaque of appreciation, a plaque on his rocking chair on the porch, a proclamation and a tree planted. Without objection, this was approved. Page 9 of 10 Ocoee City Commission Regular Meeting September 4, 2001 Commissioner Anderson discussed a letter from Lynx, recalling he had asked them to end the practice of stopping in the middle of the road to catch up with their schedules, and asked that staff be directed to write a letter requesting this, as he considered that to be an unsafe and inconvenient practice. Both Mayor Vandergrift and Commissioner Howell disagreed. Mr. Gleason said they had asked for $25,000 again this year, and the City is maintaining the bus stops on their behalf as Commission directed some time ago, but he did not put the $25,000 in the budget for community funding this year. He said Lynx is supposed to be preparing a formula showing more accurately the Lynx benefit to the citizens, but it will not be available for some time. Commissioner Howell 1) Would like to look into an ordinance to permit temporary canvas tent carports to cover boats in rear yards. 2) Said he received a large stack of packets from the HR department and he wondered why. Commissioner Johnson said that was because he had asked for the information and the policy is if one asks for information it is to be provided for all the Commission. Mayor Vandergrift directed attention to the cap he was wearing from the Ocoee Computer Club. ADJOURNMENT The meeting adjourned at 10:38 p.m. Attest: APPROVED: City of Ocoee ""'" S. Scott Vandergrift, Mayor Page 10 of 10