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HomeMy WebLinkAbout06-16-92 '-' MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR MEETING HELD June 16, 1992 The regular meeting of the City of Ocoee Board of Commissioners was called to order by Mayor Dabbs in the commission chambers at 7: 30 p. m. Commissioner Woodson led in the prayer and the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Planning Director Behrens, Public Works Director Brenner, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS WalkAmerica Report and Presentation City Clerk Grafton, as Chairman of the West Orange WalkAmerica, reported on the walkathon held April 25 and presented a plaque in appreciation to Mayor Dabbs for the City's support in sponsoring the "Top Municipal Team." Receiving the award for "Most Spirited Checkpoint" sponsor was West Orange High School. John Strandquist, standing in for his daughter Allison, accepted the award. The award for "Best Decorated Checkpoint" will be sent to United Telephone Company. CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, and E. Commissioner Combs pulled item D for explanation. He said that page one, section two should ~ have included more than one flashing school signal and questioned the $1,500.00 additional cost for installation of loops at the Kissimmee Avenue/Story Road intersection. City Manager Shapiro explained that the loops would permit better traffic flow through the intersection and that the timing of the City's improvements and the County's loop installation would be coordinated to the extent possible. Commissioner Johnson asked about the payback from Bowness Road and Public Works Director Brenner advised that would be at the Bluford Avenue/Geneva Street intersection, as DOT will work only on their own intersections. Conversation about the unsatisfactory finishing of the Bluford Avenue resurfacing project concluded with Mr. Shapiro's reference to a letter from the state stating that the project "met the tolerance of the contract" and only a small amount of additional work would be done in front of the school zone. Item D was left on the consent agenda. ~ Acceptance and Approval of Minutes of Regular Commission Meeting of June 2, 1992. B. ~pproval and Authorization to Execute Change Order "s 6, 7, and 8 for Contract with Butler Construction Company for South Water Plant. C. Approval and Authorization to Execute Notice of Termination of PD~ Architects, Inc. D. Approval and Authorization to Execute an Extension to the Traffic Signal Service Agreement with Orange County. E. ~~~oval and Authorization to Execute 90 Day Extension of License Agreement with Florida Telephone and Subsequently with United Telephone of Florida. ~ '-' '-' "-' Page 2 Ocoee City Commission Regular Meeting June 16, 1992 Commissioner Foster, seconded by Commissioner Combs, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. COKKENTS FROM CITIZENS/PUBLIC Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, reported that the Lake Johio/Silver Star Road intersection is under water when it rains. PUBLIC HEARINGS - Second Readings of Ordinance Ordinance No. 92-14, relating to Case No. 1-5R-92:HELLER, rezoning a 12.9 acre parcel from R-3 to I-1 on Professional Parkway. City Manager Shapiro read the title only of the ordinance and stated that this request is consistent with the Comprehensive Plan. Planning Director Behrens presented the staff report and Mr. Glenn Jackson, 135 South 9th Street, Winter Garden, representing Heller Bros., was present to answer any questions. The public hearing was opened. Mr. R.P. Mohnacky spoke regarding the high density. As no one else wished to speak, the public hearing was closed. Commissioner Woodson, seconded by Commissioner Johnson, moved to adopt Ordinance No. 92-14 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," CommissTOiier Woodson "aye," and Mayor Dabbs "aye." Motiori cariied. -.- OTHER BUSINESS Architect Selection - Municipal Complex - 15 Minute Presentation by Each Firm Administrative Services Director Beamer explained that several weeks ago the Commission had received copies of the original submittals by the architects who were listed in a top ranking by the Architect Selection Committee. Commissioners packets for this meeting included the overall scores of all seven companies as well as the information provided to the top-ranked firms not only from space needs assessment but also from the discussions that had been held earlier by the previous architect. The four top-ranked firms had been asked to give a presentation to the Commission based upon the criteria in Exhibi t 2 of the packet. Areas requested to be covered during presentations included: suggestions for best approach to renovation/new construction; response to Space Needs Assessment (by the previous architect); reaction to the conceptual design (given to Commission last December, again by the previous architect). The four firms have been asked to give about a ten minute presentation and then to allow five minutes for questions and answers. Presentations for the four top-ranked proposals were made by the following: a. Tbe Scott Companies - Mr. Steven Krone introduced Mr. Paul Herwig and gave the presentation. b. Stottler, Stagg & Associates - Mr. Roy Cowell introduced Mr. William Starmer who gave the presentation. c. William Zettel & Associates - Mr. William Zettel introduced the project team: Mr. James Senatore, Mr. Tom Hanson, Mr. Gary Headley, Mr. Steve Walker, and Mr. Robert Londeree, and gave the presentation. d. C. T. Hsu & Associates - Mr. C. T. Hsu introduced the project team: Ms. Mari Haeflein, Mr. Buddy Peeler, Mr. Glenn Acomb, and Mr. Ralph Fruland. Mr. Hsu and Ms. Haeflein gave the presentation. '-' Page 3 Ocoee City Commission Regular Meeting June 16, 1992 Commissioners questions about the presentations included to what degree the firm could make use of the work done by the previous architectural firm and whether their plans would be within our budget. They expressed concern that the land be used in such a way that the citizens could enjoy Starke Lake. Commissioners were reassured by Ks. Beamer that the financial integrity of each firm had been verified. RECESS FROK 8:50 P.K. TO 9:05 P.M. Ranking of the Firms and Authorization to Proceed with Negotiations with Top- ranked Firm. Each Commissioner was asked to rank the firms independently and the majority of the votes cast produced the following ranking: 1. C.T. Hsu & Associates 2. William Zettel & Associates 3. The Scott Companies 4. Stottler, Stagg & Associates '-" Commissioner Combs, seconded by Commissioner Johnson, moved to authorize the Architect Selection Committee to proceed with negotiations with the top-ranked firm, C.T. Hsu & Associates, and failing success with those negotiations, to proceed down with the next-ranked firm until a contract is successfully negotiated, with the rankings of the firms being: (I) C.T. Hsu & Associates, (2) William Zettel & Associat~(3} The Scott Companies, and (4) Stottler, Stagg & Associates~ The motion was unanimously approved. For the record, Mayor Dabbs asked Mr. Hsu to see Ms. Beamer to set a time to meet to proceed with negotiations. Approval oi Settlement Agreements City Attorney Rosenthal explained that these items - Mulvey and Pease - conclude the right-of-way acquisitions for the portion of Clarke Road which is now under construction. '-' Kargaret Hulvey-Clarke Road Parcels No. 112, 113, 114, 312, 313, 314, 114A, and 314A. Hr. Rosenthal explained the status of the Mulvey parcels and reviewed the factors considered by the City Attorney, the City Engineer and the City Manager in recommending approval of the Mediation Agreement. Hr. Shapiro stated for the record that Mrs. Mulvey had been very concerned about how we would deal with her land as Clarke Road was constructed. He said the contractors and engineers had done a wonderful job making sure Mrs. Mulvey was satisfied each time any land was moved, and that she had been treated with great respect and deference. Commissioner Combs, ~~conded by Commissioner Johnson, moved to: (1) approve the Mediation Agreement dated June 1, 1992 between the City of Ocoee and Margaret Ann Mulvey a/k/a Margaret Bravar (Mrs. Mulvey), (2) authorize the payment to Mrs. Mul vey of the additional sum of $39,950.00 pursuant to the terms of said Mediation Agreement, (3) authorize the payment of Mrs. Mulvey's attorneys' fees and costs, including reasonable land use and appraisal expert fees, subject to '- Page 4 Ocoee City Commission Regular Meeting June 16, 1992 review and approval thereof by the City Attorney and City Manager or as otherwise ordered by the Court and subject to the conditions of the Mediation Agreement, (4) authorize the ~ment of the mediator's fee subject to review and approval thereof by the City Attorney and City Manager and (5) authorize the City Attorney, Mayor and City Clerk to execute such documents as may be necessary to implement tpe terms and conditions of the Mediatio~reement. The motion was unanimously approved. Bennye Lou Pease and patricia Anne Ross-Clarke Road Parcels No. 120, 220, and 320. Attorney Rosenthal explained the status of the Pease/Ross parcels and reviewed the factors taken into consideration by the City Attorney, the City Engineer and the City Manager in recommending approval of the Mediation Agreement. Commissioner Johnson, seconded by Commissioner Combs, moved to: (1) approve the Mediation Agreement dated June 10, 1992 between the City of Ocoee and Bennye Lou Pease and P~tricia Anne Ross, as Co-Trustees, (2) authorize the payment to Ms. Pease and Ms. Ross, as Co-Tr~stees, of the additional sum of $63,975.00 pursuant to the terms of said Mediation Agreement, (3) authorize the ~~nt of the Pease/Ross attorneys' fees and costs, including _reasonable land use and appraisal expert fees, sullirr to review and approval thereof by th~ Ci ty AttQrney and City Manager or as otherwise ordered~Jhe Court and subject to the conditions of the Mediation Agreement, (4) authorize the ~yment of the mediator's fee subject to review and approval thereof by the City Attorney and '-" City Manager and (5) authorize the City Attorney, Mayor and City Clerk to execute such documents as may be necessary to implement the terms and conditions of the Mediation Agreement. The motion was unanimously approved. City Manager Shapiro said that Attorney Rosenthal had negotiated with strength and with the deference and had done the most excellent job of land negotiation he had ever seen. Mr. Rosenthal responded that he was very proud of what had been accomplished in terms of land acquisition, but that it had been a total team effort, especially noting City Engineer Jim Shira and PEC folks. He mentioned that the project had begun with a right-of-way acquisition budget of $1,740.000.00, that the value of the land that was donated, from an internal budgeting standpoint, was $1,228,000.00, and and that total direct land costs for the right-of-way have been $338,593.00. Mayor Dabbs said that this project reflects a cooperative team effort among our consultants, our attorneys, our staff, and the Commission and evokes a positive response from the people with whom he speaks. '-' Five Year Capital Improvements Program, Fiscal Years 1993-1997. City Manager Shapiro explained that planning for capital improvement is required by law. However, under the constraints of the economic times, most of the capi tal improvements will probably not make the budget this year. Administrative Services Director Beamer explained that replacement of aging equipment, special funding requirements such as impact fee projects, and leasing requirements already entered into would need to have first priority. She also stressed that replacement of some computer equipment is becoming essential. The capital requests for each department were carefully reviewed and discussed. Item 26, '- Page 5 Ocoee City Commission Regular Meeting June 16, 1992 page 17 was a duplicate of item 20, page 16 so one of them is to be deleted. One change in ranking of items from that given by the City Manager was requested. Commissioner Combs asked that the landscaping of Tiger Minor Park be changed from priority 2 to 1. Mr. Shapiro agreed on its importance, but pointed out that no impact fee money was now available to spend on it. RECESS - 10:45 - 10:50 Commissioner Combs, seconded by Mayor Dabbs, moved to accept the Five Year Capital Improvement Program report with the change in rank to #1 for Tiger Minor Park landscaping and deletion of the duplication noted above, subject to the ~ting process. The motion carried with a unanimous vote in favor. Discussion on Budget Schedule By consensus, the Commission agreed to start with dates for Budget Workshops as follows: Tuesday, August 4, 1992 Thursday, August 6, 1992 Tuesday, August 11, 1992 Thursday, August 13, 1992 First reading will be scheduled for September 1, 1992 with second reading and ~ adoption September 15, 1992. First Reading of Ordinance - Second Reading and Public Hearing Scheduled for July 7, 1992. Ordinance No. 92-15, relating to Development Review Fees City Manager Shapiro read the proposed ordinance by ti tie only. He explained the need for this ordinance. Ms. Beamer said that a resolution to set the fees will be presented at the next meeting. Appointments/Reappointments to Boards Police Citizen Advisory Council Meaber Beiers' Term Expires July 1992. Commissioner Johnson, seconded by Commissioner Foster, moved to reappoint Mr. Norman Beiers to the Citizen Advisory Council for the Police Department for a three year term to expire July, 199~. The motion was unanimously approved. Police/Fire Retirement Fund Trustee to Complete Mr. Bateman's Term to September 1993. Commissioner Johnson, seconded by Mayor Dabbs, moved to appoint Robert W. Williams as trustee to the Police Officers/Firefighters Retirement Trust Fund to complete the unexpired term of John Bateman. The motion was unanimously approved. - - Planning and Zoning Commission Member to Complete Mr. Bateman's Term to February 1993. Commissioner Johnson, seconded by Commissioner Foster, moved to appoint Louis E. Landefeld as alternate on the Planning and Zoning Commission to complete the unexpired term of John -Bateman. The motion was unanimously approved. - - '-' '-' Page 6 Ocoee City Commission Regular Meeting June 16, 1992 Discussion and Decision re: Recommendation on Silver Bend Through Street to Magnolia Springs. It was the consensus of the Commission to accept the unanimous recommendation of staff that the intersection at Silver Bend Road/Natchez Trace should be left open to through traffic. STAFF REPORTS - None COHMEBTS FROM COKKISSIONERS Commissioner Combs: 1) Asked if anything is planned for July 4. No 2) Reported trees and high bushes still at Johnson Wrecker Service. 3) Wants Maguire Road right-of-way mowed to City limits. 4) Veronica Place - weeds are higher than the wall. 5) Wesley's BBQ is waiting for fire inspection. Commissioner Foster: 1) Commended Staff for the flowers around town. 2) Commented that they should be notified with orange alligators rather than pink flamingos. 3) 900 Starke Lake Circle is pumping gray water into the street (washing machine water). ~ Commissioner Johnson: 1) Reported that fruit and vegetable signs are still showing up on the rights- of-way allover town on the weekends. 2) Asked that the yellow flowers be planted in front of the wooden "Welcome to Ocoee" sirtgs. 3) Advertised a golf tournament July 12. 4) Retention pond at the Ocoee Health Care Center is weeping into the ditches. Commissioner Woodson: 1) Asked about traffic signals at White Road/Clarke Road. 2) Reported high water at the Orlando Avenue/Bluford Avenue intersection. 3) Asked that the square trap at the Orlando Avenue/Bluford Avenue intersection be raised, as it causes tire damage. ~ Mayor Dabbs: 1) Reported that he has invitations to several local functions while he will in England for two weeks in July and asked that someone attend in his place: a. Graduation ceremonies at NTC Tuesday, June 29 at 10:30 a.m. Commissioner Combs will try to go. b. First Baptist Church, Orlando honors political guests Sunday, July 5 at 5:30 p.m. Fran will have information and Commissioners will check calendars and advise her. c. Fountain Follies Friday June 19 at 2:00 p.m. - Farewell to Alberts Drug Store at 2201 Edgewater Drive, College Park. 2) Advised that he attended meeting re: Charter restructuring and was heard. '-- '-" '-" Page 7 Ocoee City Commission Regular Keeting June 16, 1992 ADJOURNMENT The meeting adjourned at 11:18 p.m. Attest: hL~A)JA~J Harlan Green, Acting City Clerk APPROVED: City of Ocoee