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HomeMy WebLinkAbout12-04-01 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD DECEMBER 4, 2001 CALL TO ORDER Mayor Vandergrift called the meeting to order at 7: 15 p.m. in the Commission Chambers. Pastor Ron Cargill led in the prayer and 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 and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, City Clerk Grafton, Recreation Director Farmer, Planning Director Wagner, City Engineer/Utilities Director Shira, Public Works Director Smith, Assistant City Engineer Wheeler, IS Manager Ross, and Utilities Supervisor Sills. ABSENT: Commissioners Howell and Johnson. PRESENTATIONS AND PROCLAMATIONS FDOT SR 438 Reconstruction Project (Widening of Silver Star Road) - Mary Brooks, Public Information Officer Mary Brooks gave a brief overview of the project and gave a phone number and website which would allow the public to track the progress of the project. She announced the public meeting to be held December 13, 2001, from 7:00 - 8:30 p.m. and encouraged anyone with questions or concerns about the project to come to the meeting. After responding to questions Ms. Brooks left a project fact sheet and business cards to be placed in City Hall for easy public access. WATER SHORTAGE UPDATE (Assistant City Engineer Wheeler) Assistant City Engineer Wheeler gave a brief rundown on the rainfall statistics which indicated Ocoee was slightly under the average and under what was recorded at Orlando International Airport (OIA). Mr. Wheeler stated Ocoee is above the average though for rainfall recorded this time last year. Mr. Wheeler reported the amount of water pumped is down this year and Ocoee is below the 15% decrease mandate ordered by SJRWMD. He reminded everyone the order is still in effect and will remain in effect through next year. Mr. Wheeler gave the statistics on violators and reiterated the watering days and times. Presentation of Trophies for the Lions Club Christmas Parade. (Parade Chairpersons Cathy and Jim Sills) Ms. Sills thanked everyone for coming out to see the parade and announced when the parade could be viewed on Orange County TV. She introduced Sam Woodson, President of the Lions Club, who thanked the Commission for allowing the trophies to be presented during the Commission meeting. Mr. Woodson thanked Mr. and Mrs. Sills for the terrific job they do every year in putting the parade together. He then gave a brief summary of the many projects in which the Lions Club is involved. Each of the three Commission members present read the names of the group or individuals receiving a trophy for a particular category and Mr. Jim Ocoee City Commission Regular Meeting December 4, 2001 Sills presented the trophies. After the trophies were presented Mayor Vandergrift also thanked Mr. and Mrs. Sills for all their hard work and volunteerism. He then called a brief recess to allow the winners to have their pictures taken. Recess 7:49 p.m. - 8:00 p.m. Planning Director Wagner introduced the newest addition to his staff, Senior Planner Tom Grimms. Mr. Wagner gave a brief overview of Mr. Grimms' credentials and past work history. Mr. Grimms stated he was glad to be in Ocoee and looked forward to working for the City. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. Mayor Vandergrift asked to discuss items B, D, and E. There was a brief discussion of each of the three items with IS Manager Ross, City Manager Gleason, and City Engineer Shira responding to questions. Commissioner Parker. seconded by Mavor Vander2rift. moved to approve the consent agenda as oresented. Motion carried 3-0. A. Approval and Acceptance of Minutes of Commission Regular Session of November 20,2001. (City Clerk Grafton) B. Approval and Authorization for the Mayor and City Clerk to Execute Contract between the Police Department and ImageWare Systems, Inc. (IWS) for the Providing of Support for the Software of Police Department's Computer and Printer used for Mug Shots and Warrants from the Orange County Sheriff's Office. (Information Systems Manager Ross) · The Police Department has purchased a computer system and color laser printer from IWS per Orange County Sheriffs Office specifications which will provide access to the OCSO databases for mug shots and warrants. Approval of this item provides for execution of the Software Maintenance Agreement. C. Approval and Authorization for Mayor and City Clerk to Execute Change Order No.1 with Golden Mark Maintenance, Ltd. a/k/a/ One Source Facility Service to Add Starke Lake Bathrooms to the Custodial Agreement. (Public Works Director Smith) · Change Order No.1 for the Custodial Agreement with OneSource Facility Service adds the restrooms at the boat dock on Starke Lake to the custodial services performed by OneSource, retroactive to October 1, 200 1. D. Approval and Authorization for Letter of Agreement for Recovery of Sales and Use Taxes with Municipal Tax Consulting and Management. (Finance Director Horton) · This agreement would allow MTCM to recover any hidden or unusual taxes paid by the City indirectly during capital construction by contracted vendors. Any taxes currently collected Page 2 of 8 Ocoee City Commission Regular Meeting December 4, 2001 by the City are exempt from this agreement. The firm would be paid one third of the gross recovery amount. The checks are sent directly to the City and the City remits the amount due to the firm within ten days of receipt of a recovery check. E. Approval and Authorization for the Mayor and city Clerk to Execute Change Order No.6 with Ryan Inc. Eastern for Maguire Road Widening Project in the Amount of $28,658.93. (City Engineer/Utilities Director Shira) . This Change Order covers eighteen items related to (1) conflicts with other existing utilities that were discovered during construction, (2) quantity changes due to reconfiguration of Pond # 6 to save a large Oak tree, (3) increase in concrete caused by a field adjustment of a storm sewer manhole structure, and (4) is a credit to the City to cover overtime costs for a City inspector. More than halfway through the project, the total of Change Orders 1-6 is only 2.97% of the original contract bid. COMMENTS FROM CITIZENS/PUBLIC Fran Watts, 43 Shell Key Court, expressed concern about numerous grocery carts being left throughout the mobile home park where she lives. She also stated there was a large pile of trash near the parking area that has not been removed. She also would like the speeding issue addressed. Public Works Director Smith said he would take care of the trash and shopping cart problem. Mayor Vandergrift stated he would like the City to consider speed limit signs. City Manager Gleason said he would address the speeding issue at the Thursday staff meeting. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker I) Said she had a great time at the Christmas parade, but her arms were still sore from throwing candy. 2) Announced the Withers-Maguire House Christmas open house December 15th from 6:00- 8:00 p.m. Commissioner Anderson commended Cathy and Jim Sills with the Lions Club for the great job on the Christmas parade. Mayor Vandergrift I) Announced the public meeting to be held Thursday, December 13, 2001, in the Commission Chambers regarding the widening of Silver Star Road. 2) Announced the Christmas dinner to be held Friday December 7, 2001, and said to check with the Christian Service Center for tickets. 3) Advised anyone who wanted to register for Toys for Tots or to donate toys to check with the Police Department. 4) Encouraged everyone to buy a live Christmas tree and plant it after Christmas. He suggested if one is opposed to using a cut tree use an artificial tree. Page 3 of 8 Ocoee City Commission Regular Meeting December 4, 2001 5) Announced that Monday December 10th Commissioner Anderson, Mike Miller and he would be going to New York to deliver the check for the money raised from the sale of the United We Stand T-shirts. He said they would meet with the Mayor of New York or his aide and possibly get a tour of "ground zero". 6) Stated the Computer Club would be having a drawing for a printer donated by Staples and for anyone who wanted to learn more about computers to come to the Community Center Monday at 1: 30. PUBLIC HEARINGS: Windstone at Ocoee, Phase I, Final Subdivision Plan, Project LS-99-016. (Planning Director Wagner) Planning Director Wagner presented the staff report, advising that this subdivision will include 122 single family residential lots to be constructed in two phases, located on the South side of Clarcona Ocoee Road, between Clarke Road and Apopka Vineland Road. There are 58 lots in Phase 1. Except for a few small wood-framed structures in the northern portion of the site, the subject property is currently undeveloped and is covered with a large number of trees. The southern edge of the subject property abuts the northern boundary of the Sawmill subdivision. There will be a six foot brick wall that extends along the entire subdivision. Mr. Wagner pointed out Phase 1 of Windstone at Ocoee will have two points of access, one from Clarcona Ocoee Road and one to the existing Sawmill subdivision to the south. Additional right-of-way for Clarcona Ocoee Road will be provided with Phase 2, to be dedicated to the City, in order to accommodate Orange County's current road widening plans for that road. There are two unique issues to be addressed in this subdivision plan. One is the two portions of the subject property are not contiguous (southeastern area adjacent to the Sawmill retention pond). A road connecting the two portions will be provided across the corner of the retention pond tract (owned by the City) to connect the two portions. The other issue a landlocked parcel currently accessed by a dirt driveway along the eastern edge of the subject property, adjacent to the railroad tracks. In order to continue to provide access to that parcel, the subdivision plan provides a separate tract of land for a private driveway leading to that parcel, located between the rear of the adjacent lots and the railroad tracks. Staff recommended approval. City Attorney Rosenthal stated one of the conditions of approval was that a temporary construction easement agreement be finalized prior to approval of the final subdivision plans. He stated that the agreement was not a final document in executable form at this time. He recommended that the motion to approve include a provision that it would be subject to the execution of a temporary construction easement acceptable to the City Attorney. Mr. Rosenthal explained that would let the builders go onto City owned property to do the construction. The public hearing was opened. R.P. Monackey, 1820 Prairie Lake Boulevard, inquired as to whether Clarcona Ocoee Road would be widened to four lanes. Mr. Wagner explained the County was acquiring right-of- Page 4 of 8 Ocoee City Commission Regular Meeting December 4, 2001 way predominately on the north side 'of the road and not from the subject parcel of land. There was a brief discussion with Mr. Wagner responding to questions from the Commission. The public hearing was closed. Commissioner Parker. seconded by Commissioner Anderson. moved to approve the Windstone at Ocoee Final Subdivision Plan. subiect to the execution of the temporary construction easement agreement as recommended bv the City Attorney. Motion carried 3-0. Wellington Place, Preliminary Subdivision Plan, Project LS-OO-005. (Planning Director Wagner) Mr. Wagner presented the staff report for Wellington Place subdivision. This subdivision will include a total of 38 single family residential lots, located at the southeast corner of the intersection of AD Mims Road and Johio Shores Road. The subject property is currently undeveloped and heavily wooded. The southern edge of the property abuts an existing single family residential subdivision and there are large lot single family homes to the east. There will be a six foot brick wall with appropriate landscaping along the northern and western boundaries of the subdivision adjacent to AD Mims Road and Johio Shores Road. Additional right-of-way for AD Mims Road will be dedicated to the City, in order to accommodate potential future widening for that road. Staff recommended approval of the preliminary subdivision plan. The public hearing was opened and as no one wished to speak the public hearing was closed. There was a lengthy discussion following Mayor Vandergrift's inquiry about dry reuse lines. It was determined the City has an ordinance that requires all subdivision plans to include reuse lines or a waiver granted by the Commission. Mr. Shira pointed out that this particular subdivision was in the County's service area and it would be difficult and impractical as the City would be running lines to be filled that the City could not fill. He also pointed out the flow at the City plant is limited and Winter Garden will not be a viable source. Engineering plans to ask for a revision to the existing ordinance within the next 30 to 60 days. The proposed revision would provide that it not be a blanket requirement as that is not practical at this time. City Attorney Rosenthal addressed the issue. City Manager Gleason further expounded about the impracticality and poor use of the City's resources by putting lines into the County service area. He suggested an alternative that would allow the utilization of monies to enhance or expand the current system. Commissioner Parker indicated she would be willing to look at a plan that would allow the resources to be used to retrofit existing homes as opposed to laying lines that might remain dormant for 15 to 20 years. City Attorney Rosenthal addressed and clarified the issue. Page 5 of 8 Ocoee City Commission Regular Meeting December 4,2001 R.P. Monackey, 1820 Prairie Lake Boulevard, addressed the Commission about new methods of purifying water. The public hearing was closed. Commissioner Parker. seconded by Commissioner Anderson. moved to approve the Preliminary Subdivision Plan for Wellington Place at Ocoee. Motion carried 3-0. West End Professional Park, Modified Preliminary/Final Subdivision Plan, Project LS- 92-004. (Planning Director Wagner) Planning Director Wagner presented the staff report advising the Commission that this plan is a re-platting of an existing subdivision that was approved several years ago with 29 lots. The modified plan reduces the number of lots to 14 commercial/industrial lots located on the south side of Professional Parkway just east of Maguire Road. The site is undeveloped with very few trees and a large retention pond which will continue to be used for stormwater management. The project will have three access points all from Professional Parkway. Due to the construction of a new retention pond for the Maguire Road widening project the existing stub road next to the medical center will not be extended under the modified subdivision plan. This Preliminary/Final Subdivision Plan includes six proposed waivers related to the Developer Agreement. All the proposed waivers are supported by staff and staff recommended approval of the plan and all the proposed waivers. Mr. Wagner advised Assistant City Attorney Carol Barice was available to answer any questions. City Attorney Rosenthal stated for the record, due to a conflict because of Foley and Lardner's representation of Heller Brothers Packing Corporation, they have not represented the City in this matter. The public hearing was opened. Commissioner Anderson inquired about the lack of sidewalks being required of the builder on the south side by Professional Parkway. Mr. Wagner advised because of the expansion of Professional Parkway the City would be installing the sidewalks. He further explained it was part of the negotiated agreement which was reflected in the purchase price the City paid for the right-of-way. Mayor Vandergrift stated the Developer also helped with the cost of the road paving. In response to City Engineer Shira's statement that this project was grandfathered in, in regards to the reuse lines and the Mayor's concern that all projects follow the ordinance or have a waiver in place City Attorney Carol Barice advised the Commission that as part of the purchase agreement for this property there is a specific condition of approval that states no reuse lines are required. The public hearing was closed. Mayor Vandergrift, seconded by Commissioner Parker. moved to approve the Modified Preliminary/Final Subdivision Plans for West End Professional Park. Motion carried 3-0. Page 6 of 8 Ocoee City Commission Regular Meeting December 4, 2001 Approval of West End Professional Park Final Plat. (Engineer Shira) (Not a Public Hearing) City Engineer Shira stated the Final Plat is just the setting out of the lots that are shown in the subdivision plan and is the re-plat of the existing West End Professional Park decreasing the number of lots. Commissioner Anderson. seconded by Commissioner Parker. moved to approve the West End Professional Park Final Plat. Motion carried 3-0. OTHER BUSINESS First Reading of Ordinance No. 2001-33, Prohibiting Camping on Public and Private Property. (Police Chief Mark) Second Reading and Public Hearing Scheduled for December 18, 2001. City Attorney Rosenthal read the title only of Ordinance Number 2001-33. Mayor Vandergrift announced the time and date of the second reading and public hearing. AT&T Cellular Tower, Mitigation Plan, Project SS-2001-005. (Planning Director Wagner) Planning Director Wagner advised City Attorney Rosenthal had provided the Commission with an interpretation of the City's code regarding mitigation. City Attorney Rosenthal clarified the issue and explained the proposed agreement would get Ocoee approximately two to two and one half acres of wetlands. Mr. Rosenthal restated and revised lightly the staff recommendation to include the terms and conditions of the mitigated agreement. Commissioner Anderson. seconded by Commissioner Anderson. move to approve the AT&T Cellular Tower. Mitigation Plan. Motion carried 3-0. Recess 9:25 p.m. - 9:33 p.m. Appointments to Districting Commission. (City Clerk Grafton) Tabled until the December 18, 2001, meeting. STAFF REPORTS City Manager Gleason presented a preliminary report on the restructuring of the City's debt. He explained there were potential debts that could have some conversion done, but most of the City's debt was already at a very low rate of interest. Mr. Gleason stated that if conversions were done to the three potential possibilities there would be some benefit, but no windfall of funds. Mr. Gleason said he would bring back a final report once all the information had been received from the advisors. COMMENTS FROM COMMISSIONERS Page 7 of 8 Ocoee City Commission Regular Meeting December 4, 2001 Commissioner Parker 1) Reminded everyone to be safe and aware during this season. Women should keep their purses safe, be careful walking to their vehicle, and if you buy a big ticket item do not set the box out for crooks to see. Cut it up and put it in a trash bag. Commissioner Anderson 1) Asked if there was a report on the proceeds from the auction. 2) Said he would like to have the color maps showing the zoning in the surrounding area when considering plans. 3) Reminded citizens to use the RSVP line or e-mail to report street lights that are out. Mayor Vandergrift I) Said all of the Ocoee schools were listed as Stars in the Orange County School Board paper, the Orange Peel. 2) Advised there was a leaking sprinkler head or something causing a mud mess between the lake and City Hall by the road. 3) Inquired if the tree in front of the Maguire house was going to be decorated this year. 4) Suggested Channel 10 run the video of the Yule log during the holidays so no other programming would be needed. Commissioner Parker added the West Orange Choral group has recorded a video that could also be shown during the holidays. 5) Congratulated Mayor Land of Apopka on his 50 years in office. 6) Thanked the school children for the flag made of hand prints and told everyone to support their local cheerleaders. ADJOURNMENT The meeting adjourned at 9:50 p.m. Attest: APPROVED: Page 8 of 8