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HomeMy WebLinkAbout11-07-00 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD NOVEMBER 7, 2000 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 15 p.m. in the Commission Chambers. Commissioner Anderson 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, Finance Director Horton, Planning Director Wagner, Senior Planner McGinnis, Principal Transportation Planner Friel, Public Works Director Smith, Recreation Director Nordquist, Financial Advisor Mark Galvin, Bond Counsel Grace Dunlap, and Keis Chase, Representative from SunTrust. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATION OF RETIREMENT CHAIR TO TED MOORE. (City Engineer/Utilities Director Shira) City Engineer/Utilities Director Shira introduced Ted Moore, who had worked with the City over ten years as a utilities inspector, and presented him with a retirement chair adorned with a wreath. The wreath had special significance as Ted had always placed one on his inspection truck during the holiday season. USE OF THE SOCCER FIELD AT JIM BEECH RECREATION CENTER - Mr. David Brennan Mr. David Brennan presented a prepared statement requesting that the needs of all youth sports programs be reviewed, and that action be taken quickly to resolve current issues. He listed specific needs for the soccer teams - lighting, care of fields, irrigation systems with timers, fix locks on the restrooms, and put fencing around the large playing field. Attached to Mr. Brennan's statement were petitions signed by citizens from Ocoee, Gotha, Rose Hill, Orlando, Windermere, Apopka, and Winter Garden, listing five requests: (1) The planning commission include city, resident, representatives of organized sports/arts programs and professional representatives (2) A governing body be established to coordinate field usage, with authority to enforce its decisions (3) Additional land be solicited/purchased to expand available sites (4) Parks department do a better job of maintaining current sports fields (5) Develop an arts program for recreation (music, painting, dance, etc.) Discussion ensued and City Manager Shapiro proposed looking at some of the suggestions, finding out what is possible to do, and finding out whether the county fields/school fields would be available. Mayor Vandergrift said he has called for cooperation between the Ocoee City Commission Regular Meeting November 7,2000 Recreation Department, Public Works Department and volunteers as all are working toward the same goal, and someone needed to be the clearing house. PRESENTATION: EAST CENTRAL FLORIDA MOBILE IRRIGATION LAB - Edmund L. Thralls. (Community Relations/Projects Director Shira) Community Relations/Projects Director Shira introduced Mr. Thralls, representing the East Central Florida Mobile Irrigation Lab. Mr. Thralls gave a power point presentation showing their background and purpose and invited citizens to take advantage of their audit service for irrigation systems, both residential and commercial. Mrs. Shira asked citizens to call and request a free audit as the lab will be here three more weeks this year. Mayor Vandergrift left the dais. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, and G. City Manager Shapiro suggested moving item VII.A.3. (Approval and Authorization to Grant $3,000.00 to Ocoee Police Explorers to Purchase Bike Helmets and Hold Bike Safety Clinic) to be considered with item III.F. which was authorizing the use of forfeiture funds for another purpose. Mayor pro tem Anderson noted that would be lawful and appropriate use of forfeiture funds, and consensus was to move the item as suggested. Mayor Vandergrift returned to the dais just as the vote was being taken for the consent agenda. Commissioner Howell. seconded by Commissioner Parker. moved to approve the consent agenda as presented with the addition of agenda item VII.A.3. included as a forfeiture funds expenditure. Motion carried 5-0. A. Approval and Acceptance of Minutes of (1) City Commission Regular Meeting of October 17, 2000, (2) Special Session re Florida Auto Auction of September 7, 2000 and (3) Special Session re Collective Bargaining Agreement with IAFF of October 17, 2000, and (4) Special Session re City Manager's Contract of October 30, 2000. (City Clerk Grafton) B. Approval and Authorization for Temporary Closing of Bowness Road on November 10, 2000. (Building/Zoning Official Velie) . This closing is for a homecoming parade. The applicants have been advised that (1) All businesses that will be affected by the road blockage must be notified in advance, and (2) Health Central Ambulance must be notified of the road closure in advance. C. Approval and Authorization to Use $300 from Community Relations Account to Participate with the Other Communities and the Chamber of Commerce for the 23rd Annual Orange Blossom Roast & Toast Orlando Area Chapter of Florida Public Relations Association. (City Manager Shapiro) Page 2 of 15 Ocoee City Commission Regular Meeting November 7,2000 . This event is scheduled for November 15, 2000 atthe Presidential Ballroom, Church Street Station, Orlando, 6:00 - 9:30 p.m. D. Approval and Authorization for Mayor and City Clerk to Execute Interlocal Agreement with Orange County for 1998-99 Grant for Medcom Radios. (Fire Chief Strosnider) . The Fire Department received two Medcom Radios from Orange County Department of Emergency Medical Services as part of the 1998-99 Orange County EMS Grant Awards Program. The radios were placed in Rescue 1 and Squad 1. E. Approval and Authorization for Mayor and City Clerk to Execute Mutual Aid Agreement with the Florida Department of Law Enforcement. (Police Chief Mark) . Municipalities and legal entities have the authority under Florida State Statutes 23.12 through 23.127, "Florida Mutual Aid Act" 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. F. Approval and Authorization to Use Up to $12,000 of the Forfeiture Funds to Purchase Equipment and Software. (Police Chief Mark) . These funds will be used to purchase 4 computers, 4 laser jet printers, and 4 battery back-ups which will allow the department to properly equip the four grant positions approved during this current budget year. ** This item moved from Agenda item VII.A.3: Approval and Authorization to Grant $3,000.00 to Ocoee Police Explorers to Purchase Bike Helmets and Hold Bike Safety Clinic. (Community Relations/Projects Director Shira) G. Approval and Authorization for Mayor and City Clerk to Execute Warranty Deed and Easement Agreements with CCN Investments, Inc. (David Colburn) for Maguire Road Widening Project. (Assistant City Attorney Doty) . Based on the Maguire Road Widening Project design prepared by PEC, the City needs to acquire certain property interests located north of the Holiday Inn and fronting on Maguire Road from CCN Investments, Inc. In accordance with the Development Agreement dated November 17, 1998, Mr. Colburn is conveying the right-of-way and the temporary construction easement needed to the City at no cost, and the slope easement for the sum of $4,835.25. This approval authorizes the Mayor and City Clerk to execute all documents necessary to close the transaction. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell thanked Public Works and the City for their help with the Fall Festival at Sorenson Field. Commissioner Anderson had no announcements at this time. Commissioner Johnson had no announcements at this time. Page 3 of 15 Ocoee City Commission Regular Meeting November 7, 2000 Commissioner Parker announced the women's self defense class scheduled for 9:00 a.m. to Noon on Saturday, November 18 at Vignetti Park. Mayor Vandergrift announced the dedication of Citrus Elementary School at 9:30 a. m. Thursday. PUBLIC HEARINGS ACQUISITION OF COKE PROPERTY. INTRODUCTION AND FEASIBILITY STUDY (PLANNING DIRECTOR WAGNER) PRESENTATION BY SPILLIS-CANDELA Planning Director Wagner gave the staff report and summarized the efforts of the team of consultants who have worked on this project for the past few months. City Attorney Rosenthal advised that all of the presentations would be given, then the consecutive public hearings would be held to receive comments on any of the items and then all of the comments would continue into the required public hearings. Mr. Richard Foley, Spillis Candela DMJM, said the consultant team included Herbert Halback Inc. (HHI), represented by Ginger Corliss for the landscape portion, Vanasse Hangen Brustlin Inc. (VHB), represented by Xabier Guerricagoitia and Dale Crosby for the civil engineering and infrastructure group, and Real Estate Research Consultants (RERC), represented by Bill Owen for the financial aspect. Also on the team was Jon Martin, Real Property, Orange County Public Schools. Mr. Foley described the format used to accomplish the task of providing the Feasibility Study and the schematic master plan, which had been distributed with the packet. Mr. Xabier Guerricagoitia, VHB, discussed the infrastructure, and Mr. Bill Owen, RERC, described the proposed financial structure of the project. City Attorney Rosenthal pointed out that the figures were general, not specific, and the agreement calls for the City and the School Board to split the costs. Mr. Rosenthal then discussed his report regarding the summary of the due diligence review with respect to the areas he has been involved with, and said these were assumptions, not absolute certainty. He said the due diligence report was ongoing and that some environmental matters would not be resolved before the scheduled closing date of November 27, but that Coke had asked for a 30 day extension in order to clean up some issues (even though they are not contractually obligated to do so). This would be accomplished with approval of the proposed second amendment to the purchase agreement. Mr. Rosenthal said it had been discovered that a portion of the Coca Cola Property is in the Winter Garden Joint Area Planning Agreement, and his staff report included a letter from the City of Winter Garden stating staff has no objection to the moving of the 20 acre parcel from the Winter Garden JP A to the Ocoee JP A. There was also a letter from Winter Garden staff regarding support of the trail crossing. He called attention to a memorandum from Assistant City Attorney Tom Maurer regarding environmental issues. He noted several minor changes to the Fourth Amendment which had been incorporated into a blacklined copy and distributed. Page 4 of 15 Ocoee City Commission Regular Meeting November 7, 2000 FOURTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT Senior Planner McGinnis pointed out the area involved in the proposed Fourth Amendment on the overhead and described the proposed changes. The subject property is approximately 358 acres in size and is located both east and west of Ocoee-Apopka Road, north of Fullers Cross Road, east of Lake Apopka, and south of West Groves. This Amendment proposes to change the land use designations for approximately 1/3 of the subject property from Low Density Residential to a mixture of Institutional (:t48 acres), Commercial (:t25 acres), and Professional Services (:t12 acres). No changes are proposed for that portion of the subject property designated as Conservation on the JPA Map. Additionally, the Amendment includes a change to the JP A boundary and land use to include a :t 20 acre portion of the Coke Property not originally included in the JPA Map. Ms. McGinnis stated the Fourth Amendment to the JP A has been reviewed by both the Ocoee and Orange County Local Planning Agencies and must be adopted by this Commission and Orange County Board of County Commissioners with the Ocoee City Commission approving the Amendment first. Ms. McGinnis stated both the LP A and staff recommended approval of the Fourth Amendment to the Joint Planning Area Agreement and Map for the Coke Property as depicted in Exhibit "B" of her report. RESOLUTION No. 2000-15, AUTHORIZING THE ISSUANCE OF PROMISSORY NOTES TO FINANCE THE ACQUISITION OF THE COCA COLA PROPERTY AND CERTAIN IMPROVEMENTS. City Attorney Rosenthal read the title only of Resolution No. 2000-15, authorizing the issuance of Promissory Notes to finance the acquisition of the Coca Cola Property and certain improvements, and directed attention to the blacklined version distributed at the meeting as the one recommended for adoption. Finance Director Horton reported that the financing for the City's portion of the project is proposed through a line of credit extended by SunTrust Bank. The line of credit is up to $4M at a variable interest rate for a ten year period, interest only payments for three years, no pre-payment penalty, both a taxable and a tax-exempt rate, secured by a covenant to budget and appropriate non-ad valorem revenues. Interest rates will be set three days prior to closing and the minimum draw amount will be $250,000. Staff estimated that 50% of the property will be non-taxable due to the governmental use of the property. Mrs. Horton requested approval of the loan and terms, adoption of Resolution 2000-15, and authorization for the Mayor and City Clerk and staff to execute the necessary documents. She introduced Mark Galvin, Financial Advisor, Grace Dunlap, Bond Counsel, and Liese Chase, SunTrust, who were present to answer any questions. There were several questions raised to which they, along with Mr. Martin, responded. The public hearing was opened. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked how high the lake would get. Mr. Wagner pointed out the land was 30-40' above Lake Apopka and not likely to flood. Page 5 of 15 Ocoee City Commission Regular Meeting November 7, 2000 Former Mayor Dabbs, 619 Caborca Court, spoke. The public hearing was closed. City Attorney Rosenthal called attention to his memorandum dated October 31, 2000 and revised his recommended procedure listed on page two from five to six steps, which Mayor Vandergrift followed in his motion: Mayor Vandergrift. seconded by Commissioner Parker. moved to (1) Approve the second amendment to the purchase contract in substantially the form proposed by Coca-Cola and as distributed by the City Attorney and authorize execution thereof by the Mayor and City Clerk. (2) Subiect to a determination by the City Manager and City Engineer that the environmental condition of the Coca-Cola Property is acceptable to the City. decline to exercise the City's right of termination under the Purchase Contract with The Coca-Cola Company and authorize the Mayor and City Clerk to execute and deliver all closing documents necessary to consummate the closing. (3) Authorize the City staff to certify to the School Board on behalf of the City that the Coca-Cola Property meets all appraisal. survey. title and environmental requirements of the City. subiect to the determination by the City Manager and the City Engineer that the environmental condition of the Coca-Cola Property is acceptable to the City. (4) Reduce the payment due from the School Board to Ocoee at closing from $1.816.206.50 to $1.740.886.70 and increase the gross acreage to be conveyed to the School Board from 115 acres to approximately 118.29 acres: (5) Condition all of the foregoing upon the approval by the City of an amendment to the Orange County/Ocoee Joint Planning Area Agreement at an advertised public hearing immediately following this action: and (6) Condition all of the foregoing upon approval by the City Commission of Resolution No. 2000-15 with respect to SunTrust financing at an advertised public hearing following this action. Motion carried 5-0. Public Hearing: 4th Amendment to the Joint Planning Area Agreement (Senior Planner McGinnis) City Attorney Rosenthal advised that all the comments previously presented carry forward to this public hearing. The public hearing was opened and, as no one else wished to speak, was closed. Commissioner Parker. seconded by Commissioner Howell. moved to approve the Fourth Amendment to the Ocoee/Orange County Joint Planning Area Agreement to amend the JPA Map for the Coke Property as depicted on Exhibit B and this would be the revised version of the Fourth Amendment distributed by City Attorney Rosenthal with changes requested by the Orange County attorney. Motion carried 5-0. Page 6 of 15 Ocoee City Commission Regular Meeting November 7, 2000 PuBLIC HEARING: RESOLUTION No. 2000-15, AUTHORIZING THE ISSUANCE OF PROMISSORY NOTES TO FINANCE THE ACQUISITION OF THE COCA COLA PROPERTY AND CERTAIN IMPROVEMENTS. (Finance Director Horton and Mark Galvin, City Financial Advisor) City Attorney Rosenthal advised the comments made earlier would carry forward to this public hearing. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell. seconded by Commissioner Johnson. moved to approve Resolution No. 2000-15. with the changes distributed at this meeting by Bond Counsel. Motion carried 5-0. RECESS 9:30 - 9:45 P.M. Mayor Vandergrift announced the Metroplan public hearing regarding the 2020 Plan at Tanner Auditorium at 5:30 p.m. Wednesday. PRAIRIE LAKES pun - TRACT E, PRELIMINARY SUBDIVISION PLAN - PROJECT #LS- 99-008. (Planning Director Wagner) Planning Director Wagner gave the staff report, advising the Prairie Lake PUD - Tract E subdivision will include 66 single family residential lots and 106 townhouse lots, for a total of 172 units. The project is located at the southeast corner of the intersection of Clarke Road and Hackney Prairie Road. The subject property is part of the Prairie Lake PUD, which provided for a net density up to 7 dwelling units per acre, with an average living area no less than 1,200 sq. ft. and a minimum living area of 1,000 sq. ft. This PUD was approved in 1991, which was prior to the adoption of the current Comprehensive Plan. As a result there are a number of items within this plan the Developer is permitted to do that are no longer permitted in the current code, with the main one being development within the 100 year flood plain. Mr. Wagner explained the original project included approximately 10 acres of private park land scattered throughout the development which would be reallocated so that about 5 1/2 acres would be a public park which the City could develop. He listed the three waivers requested: (1) minimum building separation requirements between the units in the townhouse area, (2) side yard setbacks from 7.5 feet down to 5 feet, (3) increase in the impervious area from 50% coverage to 60% coverage. Both DRC and P & Z were opposed to granting these last two waivers. Another major issue was the use of a landscape buffer instead of a brick wall along Hackney Prairie and Clarke Road. Principal Planner Lewis displayed an aerial land photo of the area discussed, pointing out the particulars. He explained the difference in the setback requirements and responded to questions from the Commission. Mr. Lewis added there are three additional issues to be addressed: Page 7 of 15 Ocoee City Commission Regular Meeting November 7, 2000 (1) The building envelops on single family Lots 1, 2 and 3 should show a front setback which matches the front setback on single family Lot 4. (2) The boundary of Tract J at the Hackney Prairie Road entrance should follow the 86 contour line, providing more frontage for the park on the entrance road. (3) The subdivision boundary at the southeast corner of the site should be modified to provide access above the 83 contour line between the Clarke Road retention pond and the property east of the subdivision which will eventually be transferred to the City (Tract F of the Prairie Lake PUD). In response to a question from Mr. Rosenthal, Mr. Lewis explained the plan calls for a waiver from a 6 foot setback to 5 feet, while staff believes they should be requesting a waiver from a 7.5 foot setback instead, as most single family areas in the City have 7.5 foot setbacks. Mr. Lewis said only within R2 or R3 district, which allows single family in addition to multi- family, is the single family allowed a 6 foot side setback. The Developer contends he should be held to that standard. Mr. Rosenthal said that is because the PUD does not expressly establish the setbacks one way or the other. Mr. Lewis said staff recommends approval of the Preliminary Subdivision Plan for Prairie Lake PUD - Tract E, subject to exclusion of the two proposed waivers on side setbacks and maximum impervious surface coverage on the single family lots, and further subject to the plans being modified to incorporate the three items of clarification previously identified. Commissioner Parker said she likes the 5 Ih acre park, but she wants to see the method of grandfathering and vested rights changed as the plan as presented would not be in the best interest of Ocoee. She said she would not be in favor of this development without a wall, and she also objected to the 5 foot setback. Commissioner Anderson said he would like to know which the developer would be developing first, the single family or the townhomes. Mr. Jesse Graham, attorney representing Silvestri Investments of Florida, Inc., gave the history of this parcel, saying this is the first tract from this PUD, approved in 1991, to be brought forward for development. He described the investment of approximately $2M Silvestri has made in constructing Clarke Road. He said if the City was not requiring the 5.44 acres of park land, they would be able to develop the parcel without the variances, and he asked for approval of the Plan with the waivers as presented. Commissioner Parker spoke against the development as presented. Commissioner Johnson also objected to some of the requests. Mr. Ray Braddick, Bowyer-Singleton Associates, Consulting Engineer, 520 South Magnolia Page 8 of 15 Ocoee City Commission Regular Meeting November 7, 2000 A venue, gave a power point presentation showing the details of the development, and explained why the project was designed as it was. Commissioner Howell asked how long the owner had owned the property and said he recalled seeing all of that area under water, and he was reasonably sure there would be muck over most of that area. Mr. Braddick said FEMA had agreed with the City's consultant analysis which established the 100 year flood elevation at 86, and that was what they were using, that they had tested the soil and found no muck. Commissioner Anderson asked about the size of the houses, which sparked discussion about the actual proposed size as opposed to the minimum shown on the plan. City Attorney Rosenthal clarified that the Developer, as a condition of approval, could provide that the minimum for the townhouses would be 1, 100 and the minimum for the single family would be 1,400. The City could not require that the Developer do that because of the PUD requirement, but the Developer can agree to that. If that is a condition of approval in the Plan, then that would be binding on the Developer. Mr. Rosenthal said, based on the comments made earlier, he assumed that the Developer would not be opposed to a condition of approval which established the ranges just described. The owners nodded approval. Mr. Braddick asked that the wall be addressed. City Attorney Rosenthal read from the Developer Agreement which controls this development, which was approved by City Commission in 1991. "Condition No.6. At the Developer's option, either a five foot high serpentine masonry screen walls or an irrigated City approved landscape buffer with berms will be installed along both sides of Clarke Road for its entire length. Said walls or buffer will be provided by parcel developers with the master plan providing for said walls or buffers in front of ponds, open spaces, etc." Mr. Rosenthal opined that, although that was not part of the standard approvals back then, the Developer asked for that option and the City Commission agreed to that in order to balance out the cost, so at least as to the issue of walls, that is not something the City Commission can require of the Developer. Mr. Frank Cawthon, Beezer Homes, said he was the applicant and he intends to sell the property to Ryland Homes. Commissioner Parker emphasized that a wall was necessary. Commissioner Howell said he was not going to support the Plan the way it stands. The public hearing was opened. Page 9 of 15 Ocoee City Commission Regular Meeting November 7,2000 Mayor Vandergrift read comments in opposition written by citizens who had been present earlier in the meeting: Mr. and Mrs. Michael Ferretti, 2516 Tall Maple Loop, Joan Ali, 2525 Sweet Oak Street, and Norma Ali, 2664 Tall Maple Loop. Commissioner Anderson read an e-mail message from Edwin Ascuncion in opposition. The following citizens expressed opposition personally: Jim Golden, 1022 Featherstone Circle Linda Stricker, 2454 Leaning Pine Michael Jones, 2221 Mountain Spruce Street Roderick Wilson, 2078 Cabbage Palm Drive Aston Williams, 1976 Aspenridge Court Norm Rogers, 2433 Leaning Pine Street The public hearing was closed, but later reopened in order to table the issue until November 21. There was further discussion and it was agreed that the Developer would meet with staff, attorney, and Commissioner Parker to work out a mitigating proposal. Commissioner Anderson. seconded by Commissioner Johnson. moved to table the public hearing until November 21. 2000. Motion carried 5-0. Mr. Rosenthal announced there would be no additional advertising. FROM THIS POINT FORWARD AGENDA ITEMS WERE TAKEN OUT OF ORDER VARIANCE REQUEST: BORI, 2249 CLIFFDALE STREET, CASE #05VR-2000 - REQUEST TO ALLOW AN UNPERMITTED STORAGE SHED TO REMAIN WITHIN THE 7.5' SIDE YARD SETBACK. Continuedfrom October 17, 2000. (Zoning Coordinator Harper) Mr. Martin Velie gave the staff report for the request to allow an "after-the-fact" building permit to be issued to allow an illegally constructed storage shed to remain within the 7.5' side yard setback of the subject property, being approximately 4.5' from the property line. Commissioner Johnson said he had spoken with the Homeowners Association and they have come to an agreement regarding this storage shed and it is all right to permit it. Commissioner Anderson asked if he had paid for the permit. City Manager Shapiro advised that a citizen who does not acquire a permit at the right time must pay twice the normal fee. Commissioner Johnson. seconded by Commissioner Parker. moved to approve the issuing of a permit. Motion carried 5-0. (The vote for this motion was taken after the recess.) RECESS 11:18 - 11:25 P.M. Page 10 of 15 Ocoee City Commission Regular Meeting November 7, 2000 MAYOR VANDERGRIFT ANNOUNCED AN EMERGENCY ITEM TO BE CONSIDERED: CHARTER SCHOOLS AGREEMENT Mayor Vandergrift called attention to the packet he had distributed and said he had expected this to be on the agenda as the agreement has been in the process of being completed. City Manager Shapiro said that staff was uncomfortable with trying to make a recommendation to Commission without having their questions answered first, and they had not received information from the Haskell Group in time to assimilate the material in order to put it on this agenda. He said the last discussion was October 19 and the document is very complicated and has been changing daily. The information requested by the fiduciary has not yet been received. Mr. Shapiro said the property still is a question, as well as the management fees. He said they were in the process of putting together a list of questions to give the Haskell Group so they could have the answers ready for the meeting on Attorney Day, November 9. He cautioned against rushing into this without due care. Mr. Doug Storer, The Haskell Group, said he has been working on the information necessary and the Educational Services Agreement presented tonight will allow them to develop the financing model, to look at the demographics and the populations that would attend the school, to begin to start the conceptual design, to work with the charter application. He said this would allow them to go more in depth to answer the questions outlined, and he asked that the Agreement be given consideration at this meeting. Mr. Shapiro asked if anyone had considered that there may be a charge that would not be refundable if this does not go through. Ms. Stacy Miller, The Haskell Group, said they have provided a spectrum of services which breaks down the services into phases and associated with phases 2 and 3 are pricing. She said there would not be an exchange of money unless the contract was terminated, at which point it would be reimbursed. Commissioner Anderson asked how much the City would have to pay Haskell if Orange County denies the charter. Ms. Miller responded right now as they are not under contract, nothing, but phase one, which they had agreed to do, is completed and there would be a cost associated with moving forward. There followed a lengthy discussion regarding the compensation which would be due from the City if the project should for some reason fail to be ready for school opening in 2001 and that amount would be $60,000.00. Ms. Miller said if they could set a time line on what the City's contribution would be with regard to approving the plans, permits and site approvals, they need to be breaking ground early January. She said the schools are permitted through the Department of Education. Mr. Shapiro said that the soil samples and engineering that the City would have to look at as the owners would still have to be done in a very short period of time. Page 11 of 15 Ocoee City Commission Regular Meeting November 7, 2000 Commissioner Johnson proposed working toward an opening date of 2002, and later proposed putting this on a referendum. Commissioner Parker invited Martha Lopez-Anderson to speak. Mrs. Lopez-Anderson said she appreciated the concern about being rushed, but as a parent, she was afraid to lose the momentum if this opportunity was allowed to pass. She asked to be invited to attend the meeting with staff on November 9. Commissioner Parker expressed concern that it would be possible to do all that is necessary in the short time available, particularly through the holiday season. Rosemary Davis, Chairman of the Education Commission, said she was concerned that they were not involved and had not been invited to Thursday's meeting. Former Mayor Lester Dabbs encouraged Commission to make sure they have the answers they need. Mayor Vandergrift said he had pushed for this dialogue so they could all get on the same team. Consensus was reached for Mr. Storer to work out the details with Mr. Shapiro, who will provide him with a list of staff concerns and then set a workshop with Commission. SECOND READING OF ORDINANCE No. 2000-24, RESCINDING AND REPLACING TRAVEL ORDINANCE No. 93-20. Tabled and Continuedfrom September 5, 2000 to a Date Uncertain. (City Manager Shapiro) City Attorney Rosenthal advised that this was incorrectly listed as a public hearing, that it was put on the agenda to set a time to which to continue the public hearing that was tabled. Consensus was reached to advertise the public hearing for this Ordinance for November 21, 2000 at 7:15 p.m. Mayor Vandergrift left the dais. OTHER BUSINESS ITEM VII. B. ApPROVALANDAuTHORIZATIONTOAwARDBID#BOI-02 FOR CONTROL PANEL FOR LIFT STATION #7 TO STA-CON INC. (Buyer Tolbert) City Engineer/Utilities Director was present to answer questions. Page 12 of 15 Ocoee City Commission Regular Meeting November 7,2000 Commissioner Anderson. seconded by Commissioner Howell. moved to award Bid #BOI-02 to Sta-con Inc. and authorize staff to proceed with the procurement of this eQuipment. Motion carried 4-0. Mayor Vandergrift was away from the dais. ITEM VII. C. ApPROVAL AND AUTHORIZATION FOR BURTON & ASSOCIATES TO SUBMIT A PROPOSAL TO UPDATE THE WATER, WASTEWATER, RECLAIMED WATER RATE STUDY. (City Engineer/Utilities Director Shira) City Engineer/Utilities Director Shira's staff report recommended approval and authorization for Burton & Associates to proceed with the work outlined in their proposal dated October 26, 2000, for a not-to-exceed fee of $9,505.00 with the funds to come from the Utility Administration Professional Services account. This will update the water and wastewater revenue sufficiency report based on the 200012001 budget, and they will prepare a single comprehensive report containing the results and recommendations of all their work. Commissioner Howell. seconded by Commissioner Parker. moved to approve and authorize Burton & Associates to proceed with the work outlined in their proposal dated October 26. 2000. for a not-to-exceed fee of $9.505.00 with the funds to come from the Utility Administration Professional Services account. Motion carried 4-0. Mayor Vandergrift was away from the dais. ITEM VII. D. AWARD FOR OXIDATION DITCH COATING AT WASTEWATER PLANT. (ENGINEER I GA VRILOVIC) City Engineer/Utilities Director Shira was present to answer questions. Staff recommended awarding the bid to Taylor's Industrial Coatings, Inc. as the most responsive and responsible bidder, with a total bid of $81,462.00. Commissioner Howell. seconded by Commissioner Johnson. moved to award Bid #01-01 to Taylor's Industrial Coatings. Inc.. and authorize execution of the agreement between the City and Taylor's Industrial Coatings. Inc. by the Mavor 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 4-0. Mayor Vandergrift was away from the dais. ITEM VII. E. RESOLUTION No. 2000-14, ADOPTING ANNUAL CONCURRENCY REPORT AND INFRASTRUCTURES DEFICIENCY MAp. (Principal Transportation Planner Friel) Principal Transportation Planner Friel advised that this is the Resolution authorized at the last meeting and that the Infrastructure Deficiencies Map shows no deficiencies. Commissioner Howell. seconded by Commissioner Johnson. moved to approve and adopt Resolution No. 2000-14. adopting the attached Concurrency Assessment of Infrastructure and Page 13 of 15 Ocoee City Commission Regular Meeting November 7, 2000 Services and an accompanying Infrastructure Deficiencies Map. Motion carried 4-0. Mayor Vandergrift was away from the dais. Item VII. A. 1 CITY GRANT PROGRAM. (CITY MANAGER SHAPIRO) CONFIRMATION REGARDING THE POLICY CONCERNING GRANTS TO INDIVIDUALS AND CHANGE APPLICATION TIME PERIOD TO Two (2) WEEKS. City Manager Shapiro requested action be taken regarding the policy concerning grants, as it was discussed earlier but no action was taken. Commissioner Parker recalled that they had talked about grants being for a group of people, not individuals, and that it would be a benefit to the citizens of Ocoee. Commissioner Anderson asked that this be tabled to November 21, 2000 as well, due to the lateness of the hour. Approval and Authorization to Grant $1,000.00 to Nateya Dena Carrington for Tuition for Presidential Inaugural Program. (Community Relations/ Projects Director Shira) Mr. Shapiro reported that Miss Carrington had withdrawn her request as she had a conflict in her schedule and could not attend the Inaugural Program. SET CHRISTMAS HOLIDAYS FOR 2000. (City Clerk Grafton) Commissioner Parker. seconded by Commissioner Howell. moved to set Monday. December 25 and Tuesday. December 26 as the days to be observed by City employees as official Christmas Holidays for the year 2000. Motion carried 4-0. Mayor Vandergrift was away from the dais. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Howell - no comments Commissioner Anderson - no comments Commissioner Johnson - no comments Commissioner Parker. - no comments Mayor Vandergrift: 1) Noted the trees are dying in the medians on Clarke Road. Page 14 of 15 Ocoee City Commission Regular Meeting November 7, 2000 2) Asked that a memo be sent to the Fire Department about the water running down the road every morning (possibly from where they wash the vehicles) and a memo to City facilities to adjust the sprinklers that are watering the roadway. 3) Said he had asked Alice Tate-Barnette several weeks ago to get with Citrus Elementary and provide some citrus trees and a flower garden in time for the dedication Thursday. ADJOURNMENT The meeting adjourned at 1 :00 a.m. Attest: APPROVED: City of Ocoee Page 15 of 15