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HomeMy WebLinkAbout02-15-00 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD FEBRUARY 15, 2000 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:16 p.m. in the Commission Chambers. Commissioner Anderson led in prayer and Frances Watts led in the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Johnson, and Howell. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Planning Director Wagner, Capital Projects/Transportation Planner Friel, Police Chief Mark, Senior Planner McGinnis, Principal Planner Lewis, Finance Director Horton, and Acting City Clerk Green. ABSENT: Commissioner Parker (on vacation) PRESENTATIONS AND PROCLAMATIONS Presentations Police Chief Mark presented a Life Saving Medal to Detective Tracy Payne and Patrolman Jerry Lewis. On Thursday, January 27, 2000 a four year old girl had stopped breathing from complications from surgery earlier that day. The child's mother drove her daughter to the Ocoee Fire Department. Detective Payne drove upon the scene and immediately administered CPR. Det. Payne then radioed the Ocoee Police Department for assistance. Patrolman Jerry Lewis responded to the scene and proceeded to aid in the administering of CPR. The child began to breathe and was transported to the hospital in stable condition. The child and her father were present and he expressed his gratitude to the officers for saving his daughter's life. Mayor Vandergrift and Commissioners presented Years of Service Awards to the following: Denver Music in recognition of 5 years of service to the City, Eddie Hendrix and Ted Moore in recognition of 10 years of service to the City, and Mark Brownold in recognition of 15 years of service to the City. Employees James Washington and Kenneth Bruce were not present for awards for 10 and 15 years of service, respectively. Mayor Vandergrift presented a Certificate of Achievement of Excellence in Financial Reporting for Fiscal Year ending September 30, 1998 to Finance Director Wanda Horton. He noted that this was the eleventh year in a row that the City has received this Certificate. Mrs. Horton recognized other Finance Department employees who were present: Finance Supervisor, Donald Carter; Accountant, Ed Bishop; Budget Analyst, Pam Brosonski; and Buyer, Joyce Tolbert. City Manager Shapiro stated that this is a rare and prestigious Financial Award that allows the city to obtain bonds at a discounted rate. Ocoee City Commission Regular Meeting February 15, 2000 CONSENT AGENDA The consent agenda consisted of items A, B, C, D and E: A. Approval and Acceptance of Minutes of City Commission Special Session Meeting of February 1, 2000, and Minutes of City Commission Regular Meeting of February 1, 2000. B. Approval and Authorization for Mayor and City Clerk to Execute First Amendment to Lease Agreement - Base Operations Management Services, Inc. C. First Quarter Financial Report. D. Approval of Grant Application by West Orange Junior Service League. E. Approval and Authorization for Mayor and City Clerk to Execute Final Plat for West Oaks Towne Center. Mayor Vandergrift. seconded by Commissioner Johnson. moved to approve Consent Agenda Items A. B. C. D. and E. as presented. Motion carried 3 - 0. (Commissioner Anderson was away from the dais) Note: Later in the meeting City Attorney Rosenthal pointed out a correction in Item E to reflect that approval of the plat should be conditioned upon receipt of a bond or "letter of credit. " COMMENTS FROM CITIZENS/PUBLIC - None. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE - Mayor Vandergrift announced that there is a seminar on tree and landscape ordinances in March and said he would like someone from the City to attend. Mayor Vandergrift read the Census 2000 announcement and asked for volunteers. Sergeant Rivera announced the Census 2000 information in Spanish. The following item (VII D) was considered at this point in the meeting to accommodate the representatives from firms working with FDOT. UTILITY RELOCATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION - WIDENING OF SILVER STAR ROAD (SR 438) City Engineer/Utilities Director Shira presented the staff report regarding widening of Silver Star Road (SR 438). He stated that F.D.O.T. is preparing plans and specifications to widen Silver Star Road (SR 438) from west of Apopka- Vineland Road to one quarter mile west of Clarke Road. This project will involve utility relocations and the City has worked out an arrangement with DOT whereby they will credit toward the cost of utility relocations the value of various pieces of property owned by the City which will be needed for the project. He said the FDOT needs this utility work agreement in order to go forward with the road widening. He stated that staff recommends authorizing the Mayor and City Clerk to execute the proposed Utility Work Agreement (at UAO'S (the City's) sole expense). 2 Ocoee City Commission Regular Meeting February 15, 2000 John Murphy, with GAl Consultants, stated that his firm will be working directly with the F. D.O. T., Orange County, and the City of Ocoee. As had been recommended by staff, Mayor Vandergrift. seconded by Commissioner Johnson. moved to authorize the Mayor and City Clerk to execute the Utility Work Agreement with F.D.O.T. (at UAO'S (the City's) sole expense.). Motion carried 3-0. (Commissioner Anderson was away from the dais.) PUBLIC HEARINGS RED ROOF INN, PRELIMINARy/FINAL SITE PLAN (PROJECT No. LS-99-011) Capital Projects/Transportation Planner Friel presented the staff report for the proposed project, a 38,235 square foot/83 room hotel located on the north side of State Route 50. The property is zoned C-3, General Commercial District. The project has met the Land Development Code with the exception of three items which are listed as waivers as follows: 1. To allow site lighting to conform to upgraded standards which meet national standards. 2. Requests a reduction of the rear set back requirements from 10 feet to 6 feet. 3. Allows for the required 25 feet safe site triangle to be eliminated since the driveway is parallel to Economic Court and not perpendicular, in which case the sight triangle would apply. Mr. Friel concluded with staff's recommendation for approval of the Preliminary/Final Site Plan for the Red Roof Inn, including all waivers specified thereon, in accordance with Plan date stamped received by the City on January 14, 2000. The public hearing was opened, and, as no one wished to speak, the public hearing was closed. Commissioner Howell asked if this is the same entrance used by Denny's and the tire store. Mr. Friel stated that entrance was originally set up as part of the original subdivision, of which this parcel is a part. The right turn and the entrance were all done with this project being developed as C-3 use. Commissioner Howell asked whether vehicles will be able to turn East onto SR 50. Mr. Friel said that there is a State Road 50 Access Management Plan which does call for a median divider to run through that section from the Turnpike to Maguire Road. This situation does not allow the City to add a section of a median. D.O. T. requires the median to be run down the whole section of the road way and the way the original subdivision was laid out, the plan does not allow for the median to be put in place at this time. Mayor Vandergrift, seconded by Commissioner Johnson, moved to accept staffs recommendation to approve the Preliminary/Final Site Plan for Red Roof Inn, including waivers specified, in accordance with Plan date stamped received by the City on January 14, 2000. (No Vote Was Taken) Commissioner Howell stated that he felt this was a very dangerous situation. There have been numerous near miss accidents. He felt there would be a real problem being able to turn East on to State Route 50. Commissioner Johnson said he thought there had been a previous plan 3 Ocoee City Commission Regular Meeting February 15, 2000 to exit out the back side of Maguire Road, behind the storage units. City Manager Shapiro said that the access was cut off when the previous developer did not develop as planned. Discussion ensued. Commissioner Johnson. seconded by Commissioner Howell. moved to continue the public hearing for Red Roof Inn Preliminary/Final Site Plan until March 7. 2000 City Commission Regular Meeting. Motion carried 2-1. Mayor Vandergrift voted "no. " (Commissioner Anderson was away from the dais.) Jeff Grisson, representative from Red Roof Inn, pointed out that this project is only 83 units. He said much of the traffic is early in the morning, and much of the traffic is to and from the turnpike, which is left in and right out. He said, that if this is a large issue, then it should have been brought up months ago. Commissioner Howell said that others may not have the same concerns as the City Commission does. City Manager Shapiro said that he felt Mr. Grisson would be better off to come before the Commission when all the Commissioners were present at the next meeting. He said alternatives could be looked at to address the Commissioners' concerns. GLENFINNAN, PRELIMINARY SUBDIVISION PLAN (PROJECT No. LS-99-010) Principal Planner Lewis presented the staff report for the proposed subdivision which will include a total of 76 single family residential lots. The subject property is zoned R-I-AA, which provides for minimum 75 foot wide/9,000 square foot lots, with a minimum living area of 1,400 square foot. There is one proposed waiver from Code requirements regarding the 24' minimum pavement width. The developer proposes the standard 24' pavement width on most of the streets, but a 20' pavement width on two small cul-de-sacs. Staff recommends approval of the Preliminary Subdivision Plan for Glenfinnan Subdivision, including the proposed waiver, as date stamped received by the City on January 19, 2000, subject to City Commission approval of the Development Agreement. Kyle Sanders, representative from Cambridge Homes, the developer of the proposed project, thanked staff for work they have done. The public hearing was opened, and, as no one wished to speak, it was closed. Commissioner Howell. seconded by Commissioner Johnson. moved to approve Glenfinnan. Preliminary Subdivision Plan (Proiect LS-99-01O) subiect to approval of the Development Agreement. Motion carried 3-0. (Commissioner Anderson away from dais for vote) GLENFINNAN DEVELOPMENT AGREEMENT City Attorney Rosenthal explained that this agreement includes a land swap, and he believes it is in the best interests of the City. There is a Charter provision which provides that the City Commission shall not approve the sale, lease or the disposition of real property except based upon estimated fair market value. Discussion ensued. Commissioner Anderson returned at 8:30 p.m. 4 Ocoee City Commission Regular Meeting February 15, 2000 As had been recommended by staff, Commissioner Johnson. seconded by Commissioner Anderson. moved to approve the Development Agreement with KenJen. Ltd. and authorize the execution thereof by the Mayor and City Clerk and further find that the Development Agreement constitutes the showing of "specific good cause" for the conveyance of the northern most existing Clarke Road retention pond without the receipt of any specific monetary consideration. Motion carried 4-0. SECOND READING/TRANSMITTAL: ORDINANCE No. 99-38, COMPREHENSIVE PLAN AMENDMENT - FUTURE LAND USE City Attorney Rosenthal read by the proposed ordinance by title only. Senior Planner McGinnis presented the staff report on the Comprehensive Plan Amendment - Future Land Use. She explained that this amendment includes proposed textual amendments to the Future Land Use Element of the Comprehensive Plan to address the new statutory requirements involving school siting. As had been recommended by staff, Mayor Vandergrift. seconded by Commissioner Johnson. moved to adopt Ordinance No. 99-38. amending the Future Land Use Element of the Comprehensive Plan. pertaining to school siting. Motion carried 4-0. SECOND READING: ORDINANCE No. 00-03, ADOPTING ELECTRICAL CODE City Attorney Rosenthal read the proposed ordinance by title only. Building and Zoning Official Flippen presented the staff report for the ordinance providing for adoption of the 1999 National Electrical Code and Notice "M" of the Florida Electrical Code. As had been recommended by staff, Commissioner Anderson. seconded by Commissioner Johnson. moved to approve Ordinance No. 00-03. Adopting Electrical Code. Motion carried 3-0. (Commissioner Howell was away from the dais for the vote.) OTHER BUSINESS City Attorney Rosenthal read the following proposed ordinances by title only: Ordinance No. 2000-04, Forest Ridge Annexation(Case No. AP-99-03-03) The subject property comprises 1.02 acres of undeveloped land. Ordinance No. 2000-05, Forest Ridge Rezoning to PUD with Land Use Plan (Project No. LS-04) for a subdivision which will include a total of 57 single family residential lots. Ordinance No. 2000-06, Worsham Annexation (Case No. AP-99-05-04) The subject property is an 8.97 acre parcel proposed to be developed as a single family subdivision. 5 Ocoee City Commission Regular Meeting February 15, 2000 Ordinance No. 2000-07, Cambridge Village Initial Zoning to PUD with Land Use Plan (Project No. AP-99-05-04). The subject property will include a maximum of 34 single family residential lots if approved. Ordinance No. 2000-08, Wood Annexation (Case No. AR-99-11-02) The subject property is proposed to be developed as an automotive repair shop, if approved. Commissioner Howell returned to the dais. Ordinance No. 2000-09, Wood Small Scale Comprehensive Plan Amendment (Case No. SSCPA-99-003) The subject property comprises 1.02 acres and is proposed to be developed as an automotive repair shop. This amendment would change the Future Land Use designation from High Density Residential to Commercial. Ordinance No. 2000-10, Wood Initial Zoning Case (Case No. AR-99-11-02) Approval of this ordinance would rezone the subject property from Orange County A-2, Ranch and Farmland Rural District, and establish initial zoning of Ocoee C-3, General Commercial District. Ordinance No. 2000-11, Scott Annexation (Case No. AR-99-11-03) The subject property is designated Low Density Residential on the Future Land Use Map. The applicant has requested an Ocoee zoning designation of R-IA, Single Family Dwelling District. Ordinance No. 2000-12, Scott Initial Zoning Case (Case No. AR-11-03) This ordinance would rezone the subject property from Orange County A-I, Citrus Rural District, and establish an initial zoning of Ocoee R-IAA, Single Family Dwelling District, if approved. Ordinance No. 2000-13, Wellington Place Annexation (Case No. AR-99-11-0l) The subject property is proposed to be developed as a single family subdivision, if the annexation is approved. Ordinance No. 2000-14, Wellington Place Initial (Case No. AR-99-11-0l) Adoption of this ordinance would rezone the subject property from Orange County A-I, Citrus Rural District, and establish an initial zoning of Ocoee, R-IAA, Single Family Dwelling District. Ordinance No. 2000-15, Heidrich Ranch Rezoning (Case No. RZ-99-09-0l) Adoption of this ordinance would rezone the subject property from Ocoee A-I, General Agricultural District, to Ocoee R-IAAA, Single Family Dwelling District. Mayor Vandergrift announced that the public hearings for the proposed ordinances will be held March 7, 20000. RECESS: 8:52 - 9:10 p.m. 6 Ocoee City Commission Regular Meeting February 15, 2000 A WARD OF CONSTRUCTION CONTRACT - RECLAIMED WATER MAINS, PHASES 1 & 2 Assistant City Engineer/Utilities Director Wheeler presented the staff report for the Reclaimed Water Mains, Phase 1 & 2 Project- Award of Construction Contract. This contract includes the installation of a new 16" reclaimed water main out of the Wastewater Treatment Facility on A.D. Mims Road and connect to the existing converted force main. Mavor Vanden!rift. seconded by Commissioner Anderson. moved to authorize the Mayor and City Clerk to execute the contract Prime Construction GrouP. Inc. in the amount of $978.273.70 for the Reclaimed Water Mains Phase 1 & 2 Proiect. in accordance with the following steps: Authorize the Engineering Department to execute the Notices of Intent to A ward and secure executed contract documents. bonds and insurance from the contractor. Authorize the Mayor and City Clerk to execute the contracts with Prime Construction GrouP. Inc. at such time as the contract documents are reviewed for compliance by staff and legal counseL as needed. Motion carried 4-0. ApPROVAL OF UTILITY SERVICE TERRITORY AMENDMENT Second Amendment to Orange County/City of Ocoee Water Service Territorial Agreement. Third Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement. City Engineer/Utilities Director Shira presented the staff report for the Utility Service Territory Amendment. He said in order to provide City water and sewer services to the subject property area, the utility agreements must be modified to bring the site into the Ocoee water and wastewater utility service territories. Discussion ensued. Commissioner Anderson. seconded by Commissioner Johnson. moved to authorize the Mayor and City Clerk to execute the Second Amendment to Orange County/City of Ocoee Water Service Territorial Agreement and the Third Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement. Motion carried 4-0. FIRST AMENDMENT TO PuRCHASE AGREEMENT WITH HELLER BROS. GROVES - MAGUIRE ROAD WIDENING PROJECT. City Engineer/Utilities Director Shira presented the staff report for the Purchase Agreement with Heller Bros. Groves. The Amendment will provide property for a stormwater retention area and drainage easements north of the Turnpike. This amendment provides the last retention pond parcel required for the Maguire Road widening project. Mr. Shira said several changes needed to be made to the Agreement. He said the purchase price in the agreement should be changed from $618,064.00 to $610,372.00. He said on page 3, 5A, the total purchase price of $938,064.00 should be changed to $930,372.00, and the post-closing adjustment value of $115,887.00 should be changed to $114,447.75. In addition, the area should be changed from 154,516 square feet to 152,593 square feet. 7 Ocoee City Commission Regular Meeting February 15, 2000 City Attorney Rosenthal stated for the record that the City has been represented by Carol Barice in connection with this matter due to his firm's conflict. Commissioner Anderson said he felt the $4.00 per square foot price was too high. Mavor Vanden!rift. seconded by Commissioner Anderson. moved to aoorove staff recommendation to authorize the Mayor and City Clerk to execute the First Amendment to the Purchase and Sale Agreement. with changes made as noted above. Motion carried 3-1 Commissioner Anderson voted "No. " PROPOSAL TO PROVIDE ADDITIONAL LOTS IN OCOEE CEMETERY City Engineer/Utilities Director Shira was available to answer questions. Commissioner HowelL seconded by Commissioner Anderson. moved to aoorove staff's recommendation as follows: 1. Aoorove the Southeastern Surveying & Maooing Com. proposal dated January 25. 2000 in the amount of $4.630.00 for surveying services for the Ocoee Cemetery with funds to be taken from contingency. The balance in contingency as of February 8. 2000 is $113.536.40 2. Direct that those individuals on the "Wait List" be granted first ootion to purchase the lots. Motion carried 4-0. NEIGHBORHOOD MATCHING GRANTS ApPLICATION FOR 1999/2000 A total of ten neighborhoods applied for this year's program requesting a total of $23,201.40. The budget includes $20,000.00 for the neighborhood grants program, and staff requested direction from Commission to determine how to deal with the $3,201.40 difference between what is budgeted and what has been requested. Commissioner Anderson. seconded by Commissioner HowelL moved to fund all ten oroiects. with the extra $3.201.40 to come from Contingency. Motion carried 4-0. SET DATE FOR CITY COMMISSION WORKSHOP ON CITY BOARDS It was the consensus of the Commission to set Monday, March 2Th at 7:00 p.m. for the workshop. ApPOINTMENTS TO BOARDS Education Commission - Appointment IS needed to complete the term of Ms. Cassie Lindenauer who has resigned. It was the consensus of the Commission to defer this appointment to the March 7 Commission meeting. 8 Ocoee City Commission Regular Meeting February 15, 2000 COMMENTS FROM COMMISSIONERS Commissioner Howell 1. Said he had received a call from a resident requesting Lynx bus service in the White Road area. Mr. Shapiro said that staff would check in to the matter. 2. Asked about the turn lane at the Beech Center. Mr. Shapiro stated that the turn lane is being designed and will be going out for bid shortly along with Wurst Road. The county will resurface the roads. Commissioner Howell asked what the approximate time frame would be. Mr. Shapiro stated that the estimated time frame is approximately 30 days and said lights have been ordered for the front entrance of the Beech Center. 3. Said he had written a letter to Dr. Smith about the Pig Path at Spring Lake Elementary School. Mr. Shapiro said that the project is underway. 4. Stated that Forest Lake Golf Course charged $10 for golf passes this year and they had been free in the past. Mr. Shapiro said that he would be meeting with the owner about it on Wednesday at 11:00 a.m. and would ask City Attorney Rosenthal to review the lease agreement prior to that meeting and advise him about what it provides so he can discuss it with the owners. He said that he feels that it is time for City Commission to address this Issue. Commissioner Anderson 1. Asked Mr. Shapiro about the status of White Road/Orlando Avenue. Mr. Shapiro said that we have not paid them and they have not fixed it. He also said that they do not want to fix it and it will probably end up a civil court case. 2. Asked for a report on what has been done so far regarding lake quality/stormwater run off. Mr. Shapiro said that there is not much money left for stormwater utilities. We have been very active doing projects including adding items. Some decisions will have to be made regarding how the remaining funds (about $300,000 - $400,000) will be spent. The underdraining will not be possible without a bond issue or an increase in rates. A report will be coming from PEC within the next 90 days. Mr. Shapiro reported that a problem in the trailer park concerning a trailer sitting over a collapsing pipe had been settled with a deal with the land owner so the City can fix the drainage pipe and will own the lot that is caved in. Mayor Vandergrift commented that until the drain location is moved there will always be drainage problems at that location. Commissioner Johnson 1. Said benches at the bus stops have magazine holders with free magazines which are being thrown on the ground. He asked if the racks could be picked up since the City had not authorized magazine racks, only benches with advertisements. Mr. Shapiro said that the racks are not allowed and can be picked up and returned to their owners. 2. Said he had attended the Education Commission Meeting last Monday night and that board wants to set "reading" as a priority. He said that the City Commission needs to address "reading," and that Commission should offer some time and suggestions, followed by a work shop to promote "reading" in our schools. 9 Ocoee City Commission Regular Meeting February 15, 2000 3. Said he was amazed that children who live right next to a school are not zoned for that school and children are bused in from other areas. He said educating the children should be the main concern, not the zoning of the schools. 4. Said he had received several phone calls regarding speeding and running of stop signs on Center Street. Mr. Shapiro said that he will bring the problem up at the staff meeting. 5. Said that Bill Breeze will be truly missed as he was an interesting person who had lived life to the fullest. He said the way that Bill Breeze contributed was one of the reasons he had gone into politics. Mr. Shapiro said the City of Ocoee will have the Police and Fire Department honor guards at the funeral. The City of Winter Garden and the City of Ocoee will be escorting him to the Ocoee Cemetery from the funeral home on Plant Street. Mayor Vandergrift announced that the funeral will be at 2:00 p.m. on Wednesday. Mayor Vandergrift 1. Said he had information regarding the Community Redevelopment Act. Asked that the City Commission promote a CRA for Ocoee's downtown area and to direct staff to move in that direction. Mr. Shapiro said that he does not have a problem with the staff bringing the CRA back, but he thought that before you direct us to do it we should be discussing issues such as landowners willingness to improve the area. I think we should have a workshop and bring in some people that are experts on the subject. Discussion ensued. 2. Asked about future hiring of a television technician. Mr. Shapiro said that it was not set up as a budget item. Mayor Vandergrift stated that $25,000 was put in the budget. Mr. Shapiro said that the $25,000 was for a studio, that they are talking to Tim and will discuss the issues at a later time. Discussion ensued. 3. Asked what phase the library is in. Mr. Shapiro stated that the plans are submitted to the City and Planning Director Russ Wagner will be doing the Development Plan Review. He said that all infrastructure must be in before the start of construction. 4. Mitigation Re: trees Mr. Shapiro stated that he met with Martha Lopez-Anderson who is representing the home owners association and she is satisfied with the proposal. The proposal is approximately 95 trees between 14' and 16'. The plan when it is done will have a better tree count with bigger trees than they had before. 5. Said he will be meeting with the principal of the new school and several other various elementary schools that are affected by the rezoning. There is a list of approximately 10 names for the new school and we will be recommending to the School Board three names out of the 10. Said anyone who had suggestions for names for the new school could give them to him. He said he will be suggesting Charter Schools at the elementary level. Said when the City is negotiating properties for the benefit of the schools, that the City should look carefully at putting some kind of revisionary clause in those contracts so that the City would have a say if the property use changed. Mr. Shapiro said that Mayor Vandergrift had a good idea about having a reverter clause regarding property. 6. Said he had a long association with Bill Breeze and had a great deal of respect for him. He extended condolences to the family on behalf of all the citizens of the community. 10 Ocoee City Commission Regular Meeting February 15, 2000 ADJOURNMENT The meeting was adjourned at 10: 12 p.m. Attest: l1't tlJt ~CLU.J it,/l €-.'-AL_) Marian Green, Deputy City Clerk APPROVED City of Ocoee ~<::._) <- . '- ~~ . .~ S. Scott Vandergrift, Mayor 11