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HomeMy WebLinkAbout10-03-00 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD OCTOBER 3, 2000 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Commissioner Parker led in prayer and Mrs. Frances Watts led 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, Building/Zoning Official Velie, City Clerk Grafton, City Engineer/Utilities Director Shira, Community Relations/Projects Director Shira, Planning Director Wagner, and Senior Planner McGinnis. PRESENTATIONS AND PROCLAMATIONS PRESENT A nONS: RECOGNITION OF JENNIFER SPANGLER, SPRING LAKE ELEMENTARY SCHOOL. (MAYOR VANDERGRIFT) Mayor Vandergrift read his proclamation proclaiming October 28, 2000 to be "Make a Difference Day," and then recognized Jennifer Spangler, who had made a difference the day she noticed a child who needed help and got her mother to provide assistance. PLAQUE OF ApPRECIATION FOR BILL CHAMBERS FOR SERVICE ON PARKS AND RECREATION ADVISORY BOARD. (Mayor Vandergrift and Commissioner Johnson) Mr. Chambers was not present to receive the plaque. CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY (LYNX) - Mr. Randall G. Farwell, Director of Planning for LYNX, Dan Baer, STV Consultants Mr. Randall G. Farwell, LYNX Director of Planning, introduced Frankie Callen, LYNX Government Affairs, and briefed Commission regarding the current status and the future plans of the LYNX services in West Orange County. Mr. Farwell announced Light Rail Workshops scheduled for October 12 at Embassy Suites Orlando North, Altamonte Springs, and October 17 at St. John Lutheran Church, Winter Park from 4 p.m. to 8 p.m. He responded to several questions raised by Commissioner Anderson and Mayor Vandergrift. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, also spoke. CONCEPTUAL LAND USE PLAN FOR COCA COLA PROPERTY. (PLANNING DIRECTOR WAGNER) Planning Director Wagner presented the staff report, displaying on the overhead a diagram showing the different proposed land uses for the Coca Cola Property, once acquired. The diagram outlined a variety of school, park, institutional, residential and commercial uses which could be placed on the property. He said it was a conceptual plan and there would be ample opportunity for input at a later date. Ocoee City Commission Regular Meeting October 3,2000 City Manager Shapiro advised Orange County School Board has already hired the architect for the new high school and will build it to use to house the occupants of West Orange High School and Apopka High School while those schools are being refurbished. Mrs. Rosemary Davis, Sawmill, and R. P. Mohnacky, 1820 Prairie Lake Boulevard, raised several questions, to which Mr. Shapiro responded. Mayor Vandergrift said the intent was to reduce the residential complexes on the lake to help preserve the lake and that it would be an educational research type park. He said he wished to hold that area designated as residential for a professional park or community college instead. Commissioner Johnson said he would prefer to have K-college on the site and not have residential at all. Commissioner Howell said, once it has been zoned residential, the developer must be sure to tell buyers there will be two schools close by. City Attorney Rosenthal advised there will be full presentation at a public hearing November lion the loan package and the final decision whether to go forward with the purchase will be made at that time. PROCLAMATION: MAKE A DIFFERENCE DAY - OCTOBER 28, 2000 This Proclamation was read immediately prior to the recognition of Jennifer Spangler. (see above. ) CONSENT AGENDA The consent agenda consisted of items A, B, C, and D. Commissioner Parker pulled item C for separate consideration. Commissioner Parker, seconded by Commissioner Anderson, moved to approve items A, B. and D of the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of September 19, 2000. (CITY CLERK GRAFTON) B. Approval and Authorization to Waive Variance Application Fee for St. Paul's Presbyterian Church. (BUILDING/ZONING OFFICIAL VELIE) . The variance application fee is $575.00. The variance request will be for a new sign north of their property on West Colonial Drive. In the past, the City Commission has granted fee waivers for annexations, rezonings and special exceptions which were initiated by church sponsors. D. Reappointment of Trustee Joyce Oliver to General Employees' Pension Board. (CITY CLERK GRAFTON) Page 2 of 9 Ocoee City Commission Regular Meeting October 3,2000 · Trustee Joyce Oliver's term as trustee of the General Employees' Retirement Trust Fund ended September 30, 2000 and the Board of Trustees has requested that she be reappointed for another two year term. According to the Pension Board Operating Rules and Procedures this is done as a ministerial act by this Commission. Commissioner Anderson, seconded bv Commissioner Howell, moved to approve item C, Authorization to transfer Over 65 Accounts from Contingency as presented. Motion carried 4- 1 with Commissioner Parker voting no. C. Authorization to Transfer Over 6S Accounts from Contingency. (CITY MANAGER SHAPIRO) · As in the past, the funding of the Senior Program Water Fees, Water Tax, and Solid Waste Fees was placed in General Fund Contingency account so that this issue would not hold up the City Commission budgetary approval process for this year. Mavor Vandergrift, seconded by Commissioner Anderson, moved to direct staff to look into the state movement to give the additional $25,000 exemption to senior citizens, and, if aporopriate, to bring back an ordinance to be adopted. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, stated the City should try to make growth pay for itself. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker asked for an explanation about the public safety pay raise. City Manager Shapiro responded. Commissioner Johnson announced a Florida Power open house to discuss high power lines going across Robison from Hemple to Avalon on Thursday, October 5 from 4:00 p.m. to 6:30 p.m. at Holiday Inn. He asked that a staff member attend. Commissioner Howell 1) Expressed his appreciation for the assistance given him by Janet Shira and Pat Smith in putting together his speech for Fire School. He reported he received an A for the presentation. 2) Advised he will not be present for the October 5 Special Session. Mayor V ander~rift 1) Announced he has been appointed temporary chair of a mayors' advisory committee to Metroplan and will meet once a month with that group. 2) Announced Founders' Day will be held October 21 and invited Janet Shira to tell about the details. Mrs. Shira listed the scheduled events, including the 5K race, golf tournament, Page 3 of 9 Ocoee City Commission Regular Meeting October 3,2000 parade, car show, exhibits/displays/games, Joe Diffie concert, and fireworks. She talked about the parking as well. During the announcements Mayor Vandergrift read telephone messages from two citizens addressing the pay raise. PUBLIC HEARINGS Mayor Vandergrift left the dais as Ms. McGinnis began her report. AT & T COMMUNICATIONS TOWER - SPECIAL EXCEPTION -CASE NUMBER 1-6SE-99. (SENIOR PLANNER MCGINNIS) Senior Planner McGinnis presented the staff report, describing the Special Exception requested to permit AT&T Wireless Services to locate a 150 foot telecommunication tower and related facilities at 835 Marshall Farms Road. She described the tower/service location areas according to the controlling ordinance and the location of the existing towers in the vicinity. Ms. McGinnis explained that the proposed tower complies with requirements of Section 5-19 of the Land Development Code with two exceptions: (1) ~(H)7 - the flush mounted dual polarized antennas are not suitable for osprey/eagle habitats and thus the required platform for osprey/eagle nesting is not necessary, and (2) ~(H)8 - there is a drainage ditch through the eastern part of the leasehold which prevents the applicant from placing the required security barrier to surround the facility. (Public Works staff had advised that placing a fence at the drainage ditch would prevent their maintenance of the ditch.) Ms. McGinnis advised the Development Review Committee recommended approval with two conditions: (1) no new overhead power lines, and (2) the color of the tower should be a medium tone gray. The Planning and Zoning Commission recommended approval with the condition that the exposed galvanized metal of the pole be a medium flat gray in appearance. Staff recommended approval of the Special Exception to permit the following: (1) the installation of a 150 foot monopole communication tower and related facilities; (2) a maximum of 24 flush mounted dual polarized antennas; (3) a waiver from Section 5-19 (H)7 of the Land Development Code; (4) a waiver from Section 5-19 (H)8 of the Land Development Code; and (5) the exposed galvanized metal of the pole be a medium tone flat gray in appearance. The public hearing was opened. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked if there will be a light on top for helicopters, and if there should be, to please make it red instead of white. Mr. Mohnacky also asked what the frequency would be from the antenna. Mr. Bill Bailey, representing Sprint, who will co-locate on this tower, responded the frequency operation range is 1 to 2 gigahertz. Page 4 of 9 Ocoee City Commission Regular Meeting October 3, 2000 Mr. Lee Chotas, Dean, Mead, Egerton, Bloodworth, Capouano & Bogarth, P .A., representing AT&T, complimented staff on the processing of this item, and stated that AT&T concurs with the recommendations. The public hearing was closed. Commissioner Anderson asked about setback requirements and discussed the color of the light, if one should be required, stating he preferred red to white. City Attorney Rosenthal asked that the record reflect that, if a light is required by any applicable governmental authority, and if a red light is permitted rather than a strobe light, then the applicant will put in a red light. The applicant agreed. Mayor Vandergrift returned to the dais. Commissioner Johnson expressed his displeasure with the concept of towers in town. Mavor Vanderl!rift, seconded by Commissioner Parker, moved to aoorove AT&T Wireless Services' Special Exception, Case Number 1-6SE-99, according to Staff recommendation. Motion carried 3-2 with Commissioners Anderson and Johnson voting no. REQUEST FOR PUBLIC INPUT FOR FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) SOUTH PARK DEVELOPMENT, PHASE 1. (COMMUNITY RELATIONS/PROJECTS DIRECTOR SHIRA) Community Relations/Projects Director Shira presented the staff report, advising last year the City received a grant for the acquisition of the property (South Park) and preparations are underway to apply for a grant to develop phase 1 of the property. Phase 1 includes a soccer field, a baseball field, playground equipment and support facilities, (parking, lighting, fencing, landscaping, etc.). As part of the requirement of the application is a public hearing to receive public input, this hearing was duly advertised. Mrs. Shira said the amount of the request has not been determined yet ($150,000 to $200,000) but it requires a 50-50 match, and those funds are currently in reserve. The public hearing was opened and, as no one wished to speak, was closed. No Commission action was required and none was taken. OTHER BUSINESS RECOMMENDATION FOR EDUCATION SERVICES CONSULT ANT BY EDUCATION SELECTION COMMITTEE. (Mayor Vandergrift) Page 5 of 9 Ocoee City Commission Regular Meeting October 3, 2000 Mayor Vandergrift reported the Education Selection Committee had met and unanimously selected The Haskell Company from the three RFQs submitted. Edison Schools Inc. ranked second and Design Works for Education ranked third. Commissioner Anderson, seconded by Mayor Vanderl!rift, moved to accept the ranking of the Selection Committee and authorize Staff to proceed to finalize an agreement with The Haskell Comoany to bring back to the City Commission for final action. Motion carried 5-0. Mr. Douglas Storer, Director Education Division, Haskell Educational Services, thanked Commission for the vote of confidence and noted there was a stringent time frame which the City has been observing in order to get input into the Orange County Schools prior to the deadline. Mr. Johann Bergh, Vice Chair of the Education Commission, said his interest in charter schools is smaller classrooms, and this commission is looking for quality. Mayor Vandergrift proposed supporting a bus to pick up children within the two-mile radius of Citrus Elementary as the traffic is so heavy due to parents driving their children. Commissioner Parker asked to add in blinking lights to slow down the traffic. City Manager Shapiro said the lights are $20,000 per set and he would get information on the bus. ApPROVAL OF CEMETERY SUPPLEMENTAL MONUMENT A TION. (CITY CLERK GRAFTON) Staff recommended approval of a purchase order to Southeastern Surveying & Mapping Corporation in the amount of $2,601.00 to complete the surveying job (adding monuments to facilitate marking the gravesites), and authorization to transfer the funds from Contingency to Professional Services account. Commissioner Anderson, seconded by Commissioner Parker, moved to aoprove staff recommendation. Motion carried 5-0. ApPROVAL OF 2000 NPDES ANNUAL REPORT AND AUTHORIZATION FOR MAYOR TO SIGN CERTIFICATION STATEMENT. (CITY ENGINEER/UTILITIES DIRECTOR SHIRA, DAVID W. HAMSTRA, PEC, INC.) City Engineer/Utilities Director Shira introduced David Hamstra, of Professional Engineering Consultants, Inc. Commissioner Anderson asked that the costs associated with compliance with NPDES requirements be provided, and that staff provide also ways to reduce those costs. Mr. Hamstra reported as of June 1, 2000 the Environmental Protection Agency in Atlanta delegated this program to the Florida Department of Environmental Protection in Tallahassee. This particular permit has a five year duration, and as of March 31,2001 it will have reached the five year limits. Mr. Hamstra said it is unknown what the DEP will do to change the Page 6 of 9 Ocoee City Commission Regular Meeting October 3,2000 program starting with the sixth year when it is time to resubmit the application to DEP. He said they will attend the seminars as they are presented and provide that information as soon as it is available. For the remainder of this reporting period there is nothing new to do other than enhancing the Land Development Regulations and do a little better job of educating the public regarding stormwater. Mr. Hamstra said he had brought original documents to be executed which they will ship to DEP after execution. Commissioner HowelL seconded by Commissioner Johnson, moved to authorize the Mayor to execute the Certification Statement so the document can be submitted to EP A Rel;!ion IV. Motion carried 4-1 with Commissioner Anderson voting no. STAFF REPORTS COMMENTS FROM COMMISSIONERS COMMENTS FROM COMMISSIONERS Commissioner Parker: 1) Asked if there is open time at the recreation center for just anyone to go in and use the facilities when not engaged in an organized sport. 2) Asked that the retention pond at the southwest corner at Sawmill (sinkhole across from the farm in the back) be mowed and cleaned up. Also the fence should be repaired. 3) Asked what the arrangements are for Ocoee residents to get a special deal at Forest Lake Golf Club. Commissioner Johnson advised they have to buy the $15 card to get the resident's discount. 4) Announced a golf tournament for Health Central Foundation Friday at Kingspoint. Skip Kendall will be at the driving range to give a clinic at 7 :45 a.m. Commissioner Johnson: 1) Asked why the engineers cannot provide a layout for the ditch next to City Hall to be layered with stone down to Starke Lake, as that would help to purify the water going into the lake. Mr. Shapiro said he would ask City Engineer Shira to provide a report. 2) Prima Vista and Bel Air West sidewalks have popped up because of the trees and he wants to make sure those are taken care of promptly as they are safety issues. 3) In Cross Creek garbage trucks have left stains on the road. 4) Manhole covers are washing up in one of the privately owned areas. 5) The County finally fixed a broken sprinkler at the school that was causing a washout. 6) Commended Mrs. Shira and the committee for the Founders' Day preparations and invited all to attend. 7) Announced the Founders' Day Golf Tournament on the 20th. 8) Said Mr. Bill Chambers, who served on the Parks and Recreation Advisory Board from September 1986 to last month, was to receive a plaque of appreciation for his years of Page 7 of 9 Ocoee City Commission Regular Meeting October 3, 2000 service, and he wanted to express his appreciation to Mr. Chambers for his many years of dedication and leadership. Commissioner Howell: 1) Reported he had a call from a citizen who had heard some city employees shopping and saying they were buying things they did not need just to keep from losing the money back into the budget. Mr. Shapiro explained that sometimes if a purchase can be made at the end of the budget year, and the price may be going up, he may instruct the department to go ahead with the purchase in the old budget and the funds are then reduced in the new budget. 2) Said something needs to be done about the retention pond at Amber Ridge. Mr. Shapiro and Mr. Rosenthal explained there is a problem over the ownership and they reviewed the details. Mr. Shapiro finally said he would get a price to get it cleaned up and advise. 3) The retention pond at Marlene Drive also needs attention. Due to the complexity of this problem, Mr. Shapiro said it would be an item for Paul Rosenthal Day. 4) Said the volleyball players were pushed out of Beech Recreation Center for West Orange High to use it and they want the center to be open for them on Friday nights for volleyball. 5) Asked if Wurst Road was being started this month. Mr. Shapiro said Wurst Road would take the rest of October, November and December, and repaving in January, and A.D. Mims Road in January and February. When Mayor Vandergrift asked if they could take care of Foxfire at the same time, Mr. Shapiro responded they could not. 6) Asked about the pig path at Spring Lake Elementary. Mr. Shapiro said he would respond in writing. 7) Asked about the run-off from Flewelling into the lake. Mr. Shapiro said he would respond in writing. Commissioner Anderson: 1) Asked that there be a follow up on RSVP messages. Mr. Shapiro explained that generally staff does follow up on those messages, but the report goes to Commission within 24 hours to show the status. 2) Asked if the trash ordinance should be reviewed at this time in order to complete a revision before the extension to the agreement is up. Mr. Shapiro requested that Commission send him a note or e-mail regarding the issues to be addressed so he could get someone working on it. 3) Said he concurs with Commissioner Johnson regarding Coach Chambers. 4) Reported that going north on Maguire Road past WalMart on the right-of-way the weeds are chest high. 5) Reported that there are trucks and campers parked in the parking lot all night long at WalMart. 6) Said the sidewalks should be checked for safety and their repair prioritized all over the City. Page 8 of 9 Ocoee City Commission Regular Meeting October 3, 2000 7) Referring to the tree incident on Cumberland A venue, said there are trees all over the City that need to come down or be taken care of. He asked for a maintenance survey of trees. 8) Said it is time to do City Manager Shapiro's evaluation and then set a time to meet, as November is the month to make a decision about renewing or revising his contract. He said he would have his evaluation to Mr. Shapiro in 10 days. Commissioner Johnson said he would prefer to discuss it prior to writing an evaluation and that the planned retreat might be an appropriate time. Mr. Shapiro said that would be Commission's call, but that the proposed plan was for the City Commission to meet the first day and have staff join them the next day. He said there were scheduling difficulties, but he would work out what he could with Commission direction. Mayor Vandergrift: 1) Asked that people look at the street signs used in St. Cloud/Kissimmee area, as the style is particularly attractive. Mr. Shapiro said changing to a similar style would not be a problem with the new sign equipment. Commissioner Johnson asked if Mayor Vandergrift had sent a letter to FDOT about changing the exit sign from the Western Beltway from Plant Street to Franklin Street. Mr. Shapiro said the letter had not been prepared due to the budget meetings, and then he was out of the office, but that could be taken care of now. Commissioner Johnson added that a sign indicating that location as an entrance to the city should be in place also. Mayor Vandergrift added one should be at Sawmill as well. ADJOURNMENT The meeting adjourned at 11: 13 p.m. Attest: APPROVED: City of Ocoee \ f\ \ \ ~,. ~;". I ') , -=_...1 :2~L/ (1.,,~ ' Page 9 of 9