HomeMy WebLinkAbout06-06-00 Minutes
MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING
HELD JUNE 6, 2000
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission
Chambers located in City Hall at 150 North Lakeshore Drive. Pastor Travis Simpson, Victory
Baptist Church, led in prayer. Mrs. Frances Watts and Girl Scout Troop 1626 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 Shapiro, City Attorney Rosenthal, Assistant City Attorney
Doty, Buyer Tolbert, City Clerk Grafton, City Engineer/Utilities Director Shira, Planning
Director Wagner, Planning Consultants (PEC) Hooper and Kelly, Police Chief Mark, and
Public Works Director Smith.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
Mayor Vandergrift read the following proclamations:
Code Enforcement Week - June 18 - 24,2000
Ham Radio - Amateur Radio Week - June 18 - 25,2000
CONSENT AGENDA
The consent agenda consisted of items A, B, C, D, E, F, G, H, I, and J.
A. Approval and Acceptance of Minutes of City Commission Regular Meeting of
May 16, 2000 and City Commission Workshop of April 24, 2000. (CITY CLERK
GRAFTON)
B. Approval and Acceptance of Second Quarter Report for Fiscal Year 2000.
(FINANCE DIRECTOR HORTON)
. This Quarterly Financial Report presents the results of financial activity of the City for the
preceding three months, summarizing activity for the months of January 2000 through March 31,
2000.
C. Approval and Authorization to Grant Girl Scout Troop 1626 the Sum of
$200.00. (COMMUNITY RELATIONS/PROJECTS DIRECTOR SHIRA)
. The Troop Leaders are taking the scouts to St. Augustine for a week to explore their heritage
and ask for sponsorship for at least one of the scouts.
D. Approval and Authorization to Use $1,700 from Contingency Fund for
Emergency Tree Removal at 20 E. McKey Street. (PuBLIC WORKS DIRECTOR SMITH)
. The tree is diseased and poses a threat to adjoining property owners. Apopka Tree Service
provided a quote of $1,700 to remove the tree, haul all debris, and grind the stump.
E. Approval and Authorization to Use an Amount Not-to-Exceed $32,290 from
Police Forfeiture Funds for Glock Weapons. (POLICE CHIEF MARK)
. Staff requests (1) authorization to purchase 60 Glock pistols ($26,040), 60 sets of leather gear
($6,000), and 10 pancake type holsters ($250), and (2) that some of the current firearms (58 of the
low end guns) be declared surplus so that they can be traded towards this purchase.
Ocoee City Commission Regular Meeting
June 6, 2000
F. Approval of Grant Request for $26,250 and Authorization for Mayor to
Execute Letter Advising the Department of Community Affairs of the City's
Approval of Anti-Drug Abuse Act Funds (Byrnes Grant) for $665,236. (POLICE
CHIEF MARK)
. Staff provided a list of programs to which the Federal Funds Grant will be distributed. The
$26,250 will fund the Ocoee Police Department's Crime Analysis Project. A 25 % match is required
to be paid by the City ($9,718).
G. Approval and Authorization for Police Department to Enter into Mutual Aid
Agreement with Winter Garden Police Department. (POLICE CHIEF MARK)
. Municipalities and legal entities have the authority under Florida State Statutes 23.12 through
23.127 to enter into a mutual aid agreement with each other which permits voluntary cooperation and
assistance of routine law enforcement nature across jurisdictional lines and provides for the rendering
of assistance in law enforcement emergencies.
H. Approval and Authorization for Amendment to Special Exception for St. Paul's
Presbyterian Church - Request for Fee Waiver. (PLANNING DIRECTOR WAGNER)
. St. Paul's Presbyterian will file an Amendment to their Special Exception to permit the location
of two temporary portables for the Central Florida Community School at their existing facility on
Citrus Oaks Boulevard. Pastor Stamper requests that the required fee ($750) be waived along with
other related fees.
I. Approval and Authorization for Mayor and City Clerk to Execute Final Plat
for Olympia PUD. (CITY ENGINEER/UTILITIES DIRECTOR SHIRA)
. This property is located at the southeast corner of Clarke Road and Silver Star Road.
J. Approval of Reappointment to Boards. (CITY CLERK GRAFTON)
1. Board of Adjustment - Bob Colburn and Patricia Tice-3 Year Terms Expire
May 2000.
. If reappointment is approved these terms expire May 2003.
2. Code Enforcement Board - Roy E. Ellison - 3 Year Term Expires June
2000.
. If reappointment is approved this term expires June 2003.
Commissioner Anderson pulled item I of the consent agenda for separate consideration.
Commissioner Anderson seconded by Commissioner Howell. moved to approve and accept
items A. B. C. D. E. F. G. H. and J of the consent agenda as presented. Motion carried 5-Q
Commissioner Anderson. seconded by Commissioner Parker. moved to approve item I of
the consent agenda. Motion carried 4-1 with Commissioner Anderson voting no.
COMMENTS FROM CITIZENS/PUBLIC
Mr. George Bailey, owner of The West Orange Times, announced that his newspaper and the
Apopka Chief would be doing a joint venture publication for the grand opening of the Western
Beltway scheduled for July 8 and, asking for the City's participation in the event, he directed
attention to the handout he had distributed earlier which showed the price of ads.
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Ocoee City Commission Regular Meeting
June 6, 2000
Mayor Vandergrift. seconded bv Commissioner Johnson. moved to invest from Contingency
fund $750 for a premium page with full color. Motion carried 5-0.
The members and leaders of Girl Scout Troop 1626 introduced themselves and thanked
Commission for the contribution for their trip to St. Augustine.
Ms. Denise Lenko, 1117 Kimball Drive, a Code Enforcement Board member, asked for
Commission authorization and support to attend a Code Enforcement 3-day seminar in June at
a cost of $300.
Mayor Vandergrift. seconded bv Commissioner Anderson. moved to approve this request
and see if anyone else wished to go, and take the funds from Contingency. Motion carried 5-
Q.
Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked for information on the water
system. City Engineer/Utilities Director Shira responded.
Mr. Jim Riffle, speaking for the Ocoee High Reunion Committee, thanked Commission for
the assistance and support for the reunion held June 3. Commissioner Johnson asked the
committee to step forward and he expressed his appreciation for their planning and execution
of the event. Commissioner Johnson. seconded by Commissioner Howell. moved to give the
committee $1500 from Contingency to be put with the amount already collected by the
committee to be given to the new Ocoee Middle School principal. Kate Clark. for landscaping.
Motion carried 5-0.
Mr. Riffle suggested that the money collected be presented to Mrs. Clark at a City
Commission meeting at a later date.
Mrs. Tammy Hacker, now a resident of Oakland, spoke at length about the safety issues at
West Oaks Mall, particularly after the businesses are closed and people are leaving a late
movie, and suggested that standards for dress and actions be established and enforced. City
Manager Shapiro advised that the Mall is private property and its managers have not given
the City permission to enforce inside. He added that the officers do cruise the parking lot
when citizens are leaving the movies because they are aware of the problem.
Mr. Dan Coleman suggested that the home owners' associations call the Mall to express their
position on the way safety issues are handled at the Mall.
Mr. Freddie Gill, 713 Lakeview Drive, said he had a problem with the way his application for
an occupational license was handled, as he was advised that the fifteen year old he planned to
hire would have to get his own occupational license in order to work for him. Also an issue for
him was that he had to have a post office box number in order to get his occupational license.
City Manager Shapiro said that he would respond in writing to Mr. Gill.
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Ocoee City Commission Regular Meeting
June 6, 2000
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Howell expressed his concern about derogatory remarks he overheard in City
Hall made by several department heads regarding the elected officials.
Commissioner Anderson said a constituent had requested that the watering dates schedule be
posted on the website.
Commissioner Parker said she enjoyed the Ocoee High School reunion even though she did
not attend that school, and she congratulated the committee for putting together a great event.
Mayor Vandergrift:
1) Announced the RSVP number and asked that the signs he requested last month be erected.
2) Advised that the Florida Freshwater Fish and Game Commission had called for a volunteer
work day on Starke Lake to remove cattails, torpedo grass, etc. and he had set June 24
from 8:30 to 11 :30 a.m.
3) Read a telephone message from Ursula Breunig, 1505 Mona Avenue, regarding the
easement near the alley of Spring Lake Elementary School to put a gate, asking where the
fence was going and when. She said there were kids hanging out all night. Mr. Shapiro
said the School Board reneged and that the City will go ahead to put it in and be
reimbursed by the School Board.
PUBLIC HEARINGS
THE COCA-COLA COMPANY PROPERTY. (CITY MANAGER SHAPIRO/CITY ATTORNEY ROSENTHAL)
ApPROVAL OF PURCHASE AGREEMENT WITH COCA COLA COMPANY.
City Attorney Rosenthal presented the staff report and displayed on the overhead a diagram
of the subject property owned by Coca Cola. He explained that this is the first of 2 public
hearings regarding this 318:!:: acre property, which is located east of Lake Apopka in the
vicinity of Fullers Cross Road and Ocoee-Apopka Road. He added that the parcel is in the
unincorporated area of Orange County, within the Ocoee Joint Planning Area Agreement, and
is contiguous to the corporate limits of the City. He said he had received from Coca Cola
Company a signed purchase contract showing a purchase price of $3,750,000. The next public
hearing on this agenda involves a sale of a portion of the land to the Orange County School
Board for approximately $1,800,000, leaving a net cost to the City of $1,933,793.50. Mr.
Rosenthal explained the time frame of the procedure, leaving 4 months to conduct due
diligence and a closing date 7 days later. He reviewed the costs to be borne by the City and
Coca Cola, along with other details of the transaction.
The public hearing was opened.
Mr. Randy Freeman, 513 E. Lakeshore Drive, spoke in favor of the purchase.
Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked if it had been clarified that the
City would not lose money.
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Ocoee City Commission Regular Meeting
June 6, 2000
The public hearing was closed.
Mr. Rosenthal read the staff recommendation: to (i) approve the proposed contract for Sale
and Purchase with The Coca Cola Company at a purchase price of $3,750,000, subject to the
execution of an Interlocal Agreement with The School Board of Orange County, Florida to
provide $1,816,206.50 towards the purchase price thereof, and authorize the Mayor and City
Clerk to execute the Purchase Contract and all other documents necessary or desirable to
consummate the transaction, and (ii) authorize and direct the City staff to bring back to the
City Commission such agreements as may be necessary to undertake a due diligence
investigation of the Coke Property.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve Staff
recommendation as stated above. Motion carried 5-0.
ApPROVAL OF INTERLOCAL AGREEMENT WITH ORANGE COUNTY SCHOOL BOARD FOR SALE
OF A PORTION OF COCA COLA PROPERTY.
City Attorney Rosenthal announced that this item is on the School Board agenda for June 13
and the information presented at the public hearing for the Sale and Purchase of the Coca Cola
Property may be applied to this item.
Mayor Vandergrift opened the public hearing, and explained that this is the Agreement in
which the County agrees to buy 115 acres of the 318 acres in the Coca Cola Sale/Purchase.
As no one wished to speak, the public hearing was closed.
Mayor Vandergrift. seconded by Commissioner Howell. moved to approve the proposed
Interlocal Agreement Regarding Coca-Cola Property between the City of Ocoee and the School
Board of Orange County. Florida and authorize execution thereof by the Mayor and City Clerk
and further authorize and direct that the City staff take all steps necessary to implement the
Interlocal Agreement. Motion carried 5-0.
RECESS 8:57 P.M. - 9:11 P.M.
OTHER BUSINESS
FIRST READING OF ORDINANCE No. 2000-20, RELATING TO MUNICIPAL POLICE OFFICERS'
AND FIREFIGHTERS' RETIREMENT TRUST FUND, AMENDING ORDINANCE No. 96-20. (CITY
MANAGER SHAPIRO) Second Reading and Public Hearing Scheduled for June 20, 2000 at 7:15
p.m.
City Attorney Rosenthal read the title only of Ordinance No. 2000-20. Mayor Vandergrift
announced that the second reading and public hearing would be held June 20,2000 at 7:15
p.m. City Manager Shapiro stated for the record that the amendments in this Ordinance are
only those required by the State to be passed before July 1, and that the Police/Fire have more
issues they will bring before Commission at a later date.
Page 5 of 10
Ocoee City Commission Regular Meeting
June 6, 2000
RESOLUTION No. 2000-04, TRANSFERRING CONTROL OF TIME WARNER TELEVISION
FRANCHISE TO AOL/TIME WARNER, INC. (CITY MANA.GER SHAPIRO)
City Attorney Rosenthal read the title only of Resolution No. 2000-04. City Manager
Shapiro advised that, as the Ordinance and Franchise Agreement were now in place, adoption
of this Resolution was timely.
Mayor Vandergrift. seconded by Commissioner Johnson. moved to adopt Resolution No.
2000-04. approving the transfer of control of Time Warner Entertainment-Advance/Newhouse
Partnership. D/B/A Time Warner Communications. A Cable Television Franchise to AOL
Time Warner. Inc. as presented. Motion carried 5-0.
AWARD OF BID BOO-04 FOR STARKE LAKE BOAT RAMP PuBLIC RESTROOMS TO BRUNS, INC.
GENERAL CONTRACTORS IN THE AMOUNT OF $74,850.00. (BUYER TOLBERT)
Buyer Tolbert presented the staff report and recommendation to award the Bid to Bruns, Inc.
General Contractors, and advised that the City will be reimbursed for this expenditure upon
completion through a $79,060 grant from Orange County for the Florida Boating Improvement
Program.
Commissioner Anderson. seconded by Commissioner Parker. moved to approve staff
recommendation to award Bid #004-04 to Bruns. Inc.. General Contractors. and authorize
execution of the agreement between the City and Bruns. Inc. General Contractors by the
Mayor and City Clerk and further authorize the Mayor. City Clerk and Staff to execute all
documents necessary to consummate the transaction contemplated by the agreement. Motion
carried 5-0.
SET DATE FOR SPECIAL SESSION TO DISCUSS CIP AND CAPITAL PROJECT ISSUES. (CITY
MANAGER SHAPIRO)
City Manager Shapiro advised that the CIP must by Charter be presented before July 1 and
that several Commissioners had mentioned projects they would like to see completed which
could be discussed at the same time. Without obiection. the date was set for Monday. June 26
at 7:00 p.m.
SET DATE FOR WORKSHOP TO DISCUSS CODE ENFORCEMENT ISSUES WITH CODE OF
ORDINANCES. (CITY MANAGER SHAPIRO/COMMISSIONER HOWELL)
After a brief discussion, Commission determined to meet with Code Enforcement on their
regular meeting night, June 27, if the case agenda was not too heavy. Mr. Shapiro will
advise.
MAGUIRE ROAD. (CITY ENGINEER/UTILITIES DIRECTOR SHIRA)
AWARD OF BID FOR MAGUIRE ROAD IMPROVEMENT SEGMENTS 1 AND 2 TO RYAN
INCORPORATED EASTERN IN THE AMOUNT OF $9,628,208.66.
City Engineer/Utilities Director Shira presented the staff report and recommendation to (1)
award the contract for the Maguire Road Improvements Project - Segments 1 and 2 to Ryan
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Ocoee City Commission Regular Meeting
June 6, 2000
Incorporated Eastern in the amount of $9,628,208.66, and (2) authorize the Mayor and City
Clerk to execute the Agreement with Ryan Incorporated Eastern once all appropriate
documents have been delivered to the City.
Commissioner Anderson noted his concern regarding the statement in PEe's letter that Ryan
Incorporated Eastern has a substantial background in large infrastructure construction projects
but not an extensive background as a prime public roadway contractor. Mr. Larry Morris,
Ryan Incorporated Eastern, said this project is well within the scope of work they do, and they
have a competent DOT management team that just came off of the Lakeland Interchange for
the Polk Parkway project, and they are staffed to handle the job.
Mayor Vandergrift. seconded by Commissioner Johnson. moved to approve Staff
recommendation. Motion carried 4-1 with Commissioner Anderson voting no.
DISCUSSION OF ADDITIONAL AUTHORIZATION FOR MAGUIRE ROAD DESIGN SERVICES FOR
SEGMENTS 1 AND 2 WITH PEC - ADDENDUM No. 00-4 TO PEC's AGREEMENT FOR
CONSULTING ENGINEERING SERVICES IN THE AMOUNT OF $61,867.00.
During this discussion, Mayor Vandergrift was away from the table and turned the gavel
over to Commissioner Anderson.
City Engineer/Utilities Director Shira presented the staff report, advising that during the
course of the project, several issues arose that were outside the scope of the design proposals
submitted by PEC. In order to maintain the design and start-of-construction schedule, and not
affect right-of-way acquisition, he had directed PEC to perform the required work. The
several issues included coordination with subdivision development in progress, development of
street lighting alternatives, preparation of landscaping plan alternatives, and assessment of
possible existing groundwater contamination in the vicinity of a proposed pond, and a slight
redesign of the pond to avoid that possibility. All of these were included in Addendum No.
00-4 to PEe's Agreement for Consulting Engineering Services in the requested amount of
$61,67.00. Both Commissioner Anderson and Commissioner Howell asked that in the future
such changes be brought before Commission before rather than after the fact.
Commissioner Johnson. seconded by Commissioner Parker. moved to authorize the Mayor
and City Clerk to execute Addendum No. 00-4 to PEC's Agreement for Consulting
Engineering Services in the requested amount of $61,867.00. Motion carried 3-1 with
Commissioner Anderson voting no. Mayor Vandergrift was away from the dais.
DISCUSSION ON PROPOSAL FOR BIDDING AND CONSTRUCTION PHASE SERVICES - MAGUIRE
ROAD IMPROVEMENT SEGMENTS 1 AND 2 WITH PEC - ADDENDUM No. 00-3 TO PEC's
AGREEMENT FOR CONSULTING ENGINEERING SERVICES IN THE AMOUNT OF $675,865.00.
City Engineer/Utilities Director Shira presented the staff report, advising that Addendum No.
00-3 to the Agreement for Consulting Engineering Services with PEC was comprised of 4
phases: bidding, construction, inspection for the bridges over Florida's Turnpike, and
geotechnical and materials inspection and testing. He added that he will use one of the City's
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Ocoee City Commission Regular Meeting
June 6, 2000
inspectors as the on-site inspector and Bob Rudd, P.E., PEC, as overseer. He said that the
proposed fee for this work, inclusive of subconsultant fees, is $675,865.00.
Mr. Rudd spoke, briefly giving his background and experience.
Commissioner Howell. seconded by Commissioner Parker. moved to authorize the Mayor
and City Clerk to execute Addendum No. 00-3 in the amount of $675.865.00 in accordance
with PEC's proposal dated April 18. 2000. Motion carried 4-0. Mayor Vandergrift was away
from the dais.
ApPROVAL AND AUTHORIZATION FOR MAYOR AND CITY CLERK TO EXECUTE THE PURCHASE
AGREEMENT WITH LAKENDON, INC. FOR THE MAGUIRE ROAD WIDENING PROJECT
SEGMENT 3. (ASSISTANT CITY ATTORNEY DOTY)
Assistant City Attorney Doty advised that this acquisition from Lakendon (the Wingates) is
the last major right-of-way acquisition for the Maguire Road Widening Project and is located at
Lot 1 of Ocoee Commercial Park (west side of Maguire Road, north of SR 50). Ms. Doty said
that the appraised value of the property was $390,000.00 and they were able to negotiate a
purchase agreement of $400,000.00 with two conditions: 1) that the sign be relocated to their
vacant lot, and 2) that the City not build any improvements on the property in excess of 12
feet.
Commissioner Johnson. seconded by Commissioner Parker. moved to approve the Purchase
Agreement executed by Lakendon. Inc.. authorizing execution thereof by the Mayor and City
Clerk. and further authorize the Mayor and City Clerk to execute all documents necessary to
close the transaction. Motion carried 4-0. Mayor Vandergrift was away from the dais.
ApPOINTMENTS TO BOARDS. (CITY CLERK GRAFTON)
EDUCATION COMMISSION: Member Lindenauer resigned in January from a term that expires
August 2001, Member Morin resigned in March from a term that expires August 2000,
Chairman Dabbs' term expires July 2000-does not wish to be reappointed.
As there were no applicants to be considered, no action was taken.
PARKS AND RECREATION BOARD: Member LaBaire resigned in February from a term that
expires October 2001, Member Failla resigned in May from a term that expires October
2000.
As there were no applicants to be considered, no action was taken.
Mayor Vandergrift announced the recent passing of Harold Switzer, who had served on the
Planning and Zoning Board for many years as chairman, and he expressed sympathy to the
family.
STAFF REPORTS
Mr. Shapiro advised that there would be no items for a July 5 agenda.
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Ocoee City Commission Regular Meeting
June 6, 2000
COMMENTS FROM COMMISSIONERS
Commissioner Howell:
1) Said citizens had reported that the Waste Management driver and worker were fighting
instead of picking up their trash and drove off without picking it up. Mr. Smith said that
citizens should call Public Works immediately when they have a problem with any
contractor and that the commercial contract and yard waste contract renewal time was
coming up in early October. He said he intends to go out to bid rather than renew the
existing contracts.
2) Said housekeeping is not getting any better. Both Mr. Shapiro and Mr. Smith responded.
Commissioner Anderson:
1) Attended the Education Commission meeting Monday night and attendance was low, he
suggested doing a survey for interest on the website. Mr. Shapiro said it could also go out
in the News to You. Mayor Vandergrift said he wants to ask companies for an RFP.
2) Referring to Mrs. Hacker's comments earlier in the meeting regarding the safety at West
Oaks Mall, he said he and his wife agree that the Mall must start to pay attention. After
further discussion, Mr. Shapiro said it was time to have another talk with the management.
Commissioner Parker said that this is the season for alligators to be active in retention ponds
and lakes and that citizens should be aware that they must not feed them.
Commissioner Johnson:
1) Asked Mr. Smith where the plans are for lakefront sidewalks and lights. Mr. Smith said he
is still waiting for Florida Power to get back with him as they are working on a proposal.
2) Trees need to be trimmed at the lakefront.
3) There are some holly trees available at the school. Mr. Smith said they are too big and
they are unable to handle them, but they will look again.
4) The sidewalk on Bluford near the Wurst Building is still unrepaired. Mr. Smith said he is
still waiting on Utilities, and Utilities is still waiting on FDOT's permission to put the fire
hydrant back where it was because it is in their right-of-way.
5) Said he rides with the Police and they do patrol the Mall parking lot, especially when the
late movies are letting out.
Mayor Vandergrift:
1) Advised that one of the trees in the median strip on Clarke Road is not getting watered
while the rest are and he asked that Mr. Smith check it out.
2) Suggested that when construction is started on the Maguire Road/Tomyn Road/Professional
Parkway, etc. that the sign used advising who is responsible for the construction is erected
it should read "Partners in Progress" "In cooperation with the City of Ocoee, the
following people have contributed to this project for the benefit of the citizens of the City
of Ocoee:..." Mr. Shapiro asked that guidelines be set for just what constitutes a
partnership, as some developers have received value for their contribution.
Page 9 of 10
Ocoee City Commission Regular Meeting
June 6, 2000
ADJOURNMENT
The meeting adjourned at 10:25 p.m. .
Attest:
APPROVED
City of Ocoee
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S. Scott Vandergrift, Mayor
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