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HomeMy WebLinkAbout11-02-99 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD NOVEMBER 2, 1999 CALL TO ORDER Mayor Vandergrift opened the City Commission regular meeting to order at 7:15 p.m. in the Commission Chambers. The invocation was given by Commissioner Anderson, which was followed by the Pledge of Allegiance, led by Frances Watts. The roll was called and a quorum was declared. PRESENT: Mayor Vandergrift, Commissioners Anderson, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Fire Chief Strosnider, Police Chief Mark, Planning Director Wagner, City Engineer/Utility Director Shira, Capital Projects/Transportation Planner Friel, Building and Zoning Official Flippen, Community Relations/Projects Director Shira, Buyer Tolbert, Public Works Director Smith, and Deputy City Clerk Gosnell. Commissioner Howell arrived at 7:30 p.m. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift and the City Commission presented Years of Service Awards to Thelma Pyles, Frances Watts, Debbie McDonald, Vicki Prettyman, Brian Pauline, Robert Mark for 5 years of service; George Engelhardt, Mike Reed, Steve Ellis, Ray Schaub for 10 years of service; Rose Hatcher, Cherri Toms for 15 years of service; and Darrel Dees for 25 years of service. Employees absent to receive awards were Brian Pauline, Steve Ellis, Ray Schaub, Rose Hatcher, and Cherri Toms. CONSENT AGENDA The Consent Agenda consisted of: . Approval and Acceptance of Minutes of City Commission Regular Meetings of October 19, 1999 and September 21,1999. . Approval and Authorization for the Mayor and City Clerk to Execute the N on- Exclusive Temporary Easement Agreement with Dario D. D' Attili and Maria S. D' Attili and Authorization for Payment of $250.00 to Cover their Costs in Reviewing and Executing the Agreement. . Approval and Authorization for Mayor and City Clerk to Execute the Non- Exclusive Temporary Easement Agreement with Paul E. and Janet L. Wilson and Authorization for Payment of $250.00 to Cover their Costs in Reviewing and Executing the Agreement. . Approval and Authorization for Temporary Closing of Northern Durango Avenue for New Year's Eve Party on December 31, 1999 from 5:00 p.m. to 2:00 a.m. Ocoee City Commission Regular Meeting November 2, 1999 . Approval and Authorization for Mayor and City Clerk to Execute Development Agreement between Gotha Development, Inc, and the City of Ocoee for Ocoee Crossings. . Approval and Acceptance of Final Subdivision Plan for Ocoee Crossings, Project No. LS-99-003. . Approval and Authorization for the Mayor and City Clerk to execute the Florida Power Distribution Easement on West Side of Public Works Property Located at 370 Enterprise Street. Mayor Vandergrift, seconded by Commissioner Johnson, made a motion to approve the Consent Agenda as presented. Motion carried unanimously. COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court, thanked everyone for Founders' Day. Mike McEvers, 909 Hyland Springs Drive, representing the Lion's Club, protested the fact that their organization could not sell sodas at Founders' Day which led to non- participation. Chuck Stoll, 8955 A.D. Mims Road, Orlando, representing the Lion's Club, spoke to the issue of Founders' Day. Herman Martinez (call-in), 507 Dunoon, requested the City address the problem of vehicles parked on Maguire and Roberson Road with "for sale" signs on the weekends. Mike Hone (call-in), 375 Kaila Court, requested status of the installation of lights on the poles on Montgomery Road. Public Works Director Smith will respond to Mr. Hone in writing. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker . Stated she was not at the Monday evening Workshop, and reminded the Commission that those meetings were voted on to do away with . Stated that she would not attend any of those meetings; however, requested that each meeting have a verbatim tape made Commissioner Johnson . Stated he did not care for the Monday night meetings as well, but stumbled on the meeting by accident . Apologized for missing Founders' Day, but was told by many how wonderful it was 2 Ocoee City Commission Regular Meeting November 2, 1999 . Commissioner Anderson . Stated that he called the Monday night meeting and was requesting basic information before it came before the Commission, and was not trying to hide anything . Thanked Mayor Vandergrift for inviting him to Fish Orlando, and that Starke Lake was chosen as a Fab Five Lake with a possible competition in the Spring Commissioner Howell . Apologized for being late . Announced the Founders' Day Golf Tournament to be held this Friday at noon . Thanked everyone for a great Founders' Day Mayor Vandergrift . Announced the RSVP Line 656-2218 . Reminded the Commission that City Engineer/Utilities Director Shira invited them to look at Sensor Meters in Daytona on November 17 . Read e-mails received from citizens thanking the City for a great Founders' Day and Fireworks . Reported that he received a letter from Sprint and would like it on the next Agenda; City Manager Shapiro reported that it was scheduled to be discussed with the City Attorney and would be on the next City Commission Agenda. PUBLIC HEARINGS Second Reading of Ordinance No. 99-26, re: Cable Television Franchise. City Attorney Rosenthal read Ordinance No. 99-26 by title only. City Manager Shapiro reported that a memo had been sent to the Commission regarding the number of changes that were being made to this Ordinance. City Attorney Rosenthal recommended that the First Reading of the revised ordinance be held on November 16, 1999, and the Second Reading on December 7, 1999, and that it would be fully re-advertised. The Public Hearing was opened, and since no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner HowelL made a motion to direct that the Ordinance as revised be re-advertised and scheduled for First Reading at the November 16, 1999 City Commission Meeting and the Second Reading and Public Hearing at the December 7, 1999 City Commission Meeting. Motion carried unanimously. Second Reading of Ordinance No. 99-35, re: Junk Vehicles and Nuisances. City Attorney Rosenthal read Ordinance No. 99-35 by title only. 3 Ocoee City Commission Regular Meeting November 2, 1999 The Public Hearing was opened. Mr. R. P. Mohnacky questioned Staff about vehicles in the process of being restored. The Public Hearing was closed. Commissioner HowelL seconded by Commissioner Johnson, made a motion to adopt Ordinance No. 99-35, re: Junk Vehicles and Nuisances and authorized the Mayor and City Clerk to execute same. Motion carried unanimously. Second Reading of Ordinance No. 99-36, re: Ocoee Stormwater System Pollutant Elimination. City Attorney Rosenthal read Ordinance No. 99-36 by title only. City Engineer/Utilities Director Shira stated that the Ordinance is required as part of the requirement of the NPDES permit. The Public Hearing was opened. Mr. R. P. Mohnacky questioned Staff about runoff. The Public Hearing was closed. Discussion ensued among the Commission regarding violations of the ordinance including the interpretation of use versus gross misuse, grass clippings on the street, and fertilizers. Commissioner Howell, seconded by Commissioner Johnson, made a motion to adopt Ordinance No. 99-36, re: Ocoee Stormwater System Pollutant Elimination, and authorized the Mayor and City Clerk to execute same. Motion carried unanimously. Third Amendment to Joint Planning Area Agreement. City Manager Shapiro stated that the City has obtained the JP A agreements from the other cities and requested direction from the Commission. Planning Director Wagner provided clarification to the amendment, and stated that it adds a few properties to the North and modifies a few simple land use changes. The Public Hearing was opened. Harold Switzer, 609 E. Lakeshore Drive, stated that he was Chairman of the Planning and Zoning Board, and gave a brief history of the events leading up to this agenda item, and further stated that he felt the Amendment was not perfect, but is a building block and urged the Commission to approve the Amendment. Walter Temple, 260 W. Pineloch Street, Orlando, spoke regarding the effect on properties owned by CenterLake Properties, Ltd. and encouraged the Commission to approve the Amendment. 4 Ocoee City Commission Regular Meeting November 2, 1999 Rob McKey, 1110 Wineberry Court, encouraged the Commission to approve the Amendment. Robert H~rding, 2716 Rew Circle, Suite 102, representing .Mr. and Mrs. Scott, encouraged the Commission to approve the Amendment and requested reaffirmation of the Commission's support of its own staff. Janet Shira, 522 Whiskey Creek Court, asked if there was a zoning category in Ocoee that the City Commission could choose that would permit lIz and I acre lot sizes at a maximum. Planning Director Wagner reported that there are 2 zoning classifications that the City has never used providing for lIz acre lots and I acre lots, which is an RCE designation and is not shown on the map. The Public Hearing was closed. Commissioner Parker stated that she would like to utilize lIz acre and I acre lots, and gave examples of cooperation with Orange County within the past six months. Commissioner Johnson stated that he would like the City to have control over our boundaries, that we need to work with the County, and would like to have a JP A Agreement. Commissioner Anderson stated that he has not seen joint planning or cooperation going on with the County and would like to re-negotiate the JP A or terminate it. Commissioner Howell stated that he did not see a rift between the Planning and Zoning Commission and the Mayor or Commission and Staff, and that everyone is entitled to an opinion, and that he has seen a lot more cooperation from the County. Mayor Vandergrift stated that he did not have a problem with the Planning Department, but that the JP A represents an attitude as well as an annexation, and stated that there have been changes and cooperation with Orange County, and further stated that he would be casting a vote in the negative because it is not a JP A Commissioner Anderson, seconded by Commissioner Parker, made a motion to approve Staff s recommendation to approve the Third Amendment to Ocoee-Orange County JP A Agreement and schedule a Workshop of the City Commission and Staff to develop changes to send back to the County to strengthen the JP A. Motion carried 4-1: Mayor Vandergrift voted no. City Manager Shapiro stated that he had been requested to reproduce the binder of JP A Agreements, and was given a rough estimate of approximately $870 to copy it. 5 Ocoee City Commission Regular Meeting November 2,1999 Mayor Vandergrift, seconded by Commissioner Howell, made a motion to approve the expenditure of funds at a cost of approximately $870.00 from Contingency for the reproduction of the JPA Binder. Motion carried unanimously. OTHER BUSINESS Resolution No. 99-17, Supporting Lake Apopka Planning Initiative. Attorney Rosenthal read Resolution No. 99-17 by title only. Mayor Vandergrift, seconded by Commissioner HowelL made the motion to approve Resolution 99-17. Motion carried unanimously. Resolution No. 99-18, Adopting Annual Concurrency Report. Attorney Rosenthal read Resolution No. 99-18 by title only. Commissioner Anderson requested clarification on how deficiencies are corrected. Mayor Vandergrift, seconded by Commissioner Johnson, made the motion to approve Resolution 99-18. Motion carried unanimously. Use of Forfeiture Funds for Police Mountain Bikes and In-Vehicle Reporting System. City Manager Shapiro reported that responses to the questions made at the November I, 1999 meeting regarding the Police Bikes were provided in the packet distributed. Chief Mark and Officer Blake responded to questions regarding maintenance, mile meters, racks on vehicles, weight, and community involvement. Mayor Vandergrift, seconded by Commissioner Johnson, made the motion to approve the use of Forfeiture Funds not to exceed $3,700 to purchase two Police mountain bikes and $18,000 to place towards the in-vehicle report system three year plan.. Motion carried unanimously. City-Wide Pagers Contract with Pagenet. Buyer Tolbert responded to questions from the Commission regarding pagers. Commissioner Anderson, . seconded by Commissioner Parker, made the motion to approve Staff s recommendation to approve piggybacking on Brevard County Contract No. P-3-7-17 with Pagenet for City-wide pager service and authorize execution of an agreement between the City and Pagenet by the Mayor and City Clerk and further authorize the Mayor and City Clerk and Staff to execute all documents necessary to consummate the transaction contemplated by the agreement. Motion carried unanimously. 6 Ocoee City Commission Regular Meeting November 2, 1999 Lease-Purchase of New City Vehicles for Fiscal Year 99/00. Buyer Tolbert responded to questions from the Commission regarding vehicles. Commissioner Anderson, seconded by Commissioner HowelL made the motion to approve Staff's recommendation to approve the two Lease-Purchase Agreements between the City and Ford Motor Credit Company and authorize execution thereof 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 unanimously. Award of Bid #00-01 - Printing & Design of Year 2000 City of Ocoee Calendar. City Attorney Rosenthal stated that a motion would be necessary to remove this agenda item from being tabled. Commissioner Parker, seconded by Mayor Vandergrift, made the motion to take off the table Award of Bid #00-01 - Printing & Design of Year 2000 City of Ocoee Calendar. Motion carried unanimously. Community Relations/Special Projects Director Shira responded to questions from the Commission regarding the 2000 calendar, formatting, using icons for continuous events, color of the pages, the use of two separate calendars, and using two pictures on each page. Mayor Vandergrift, seconded by Commissioner HowelL made the motion to approve Staff's recommendation to award Bid #00-01 to Budget Printing and authorize Staff to issue a purchase order for the printing and design of the Year 2000 City of Ocoee Calendar, and for Staff to take into consideration Commission input for the design of the 2001 Calendar. Motion carried 4-1; Commissioner Johnson voted no. Authorization to A ward Vehicle and Materials Storage Building Construction Contract to General Constructors, Inc. City Engineer/Utilities Director Shira responded to questions from the Commission regarding the storage facility. Mayor Vandergrift, seconded my Commissioner Parker. made the motion to authorize the Mayor and City Clerk to execute a contract with General Constructors, Inc. in the amount of $565,403.00 for the construction of the Vehicle and Material Storage Building Proiect at such time as the contract documents are reviewed for compliance by staff and legal counsel as needed, and authorize the Engineering Department to execute the Notices of Intent to A ward and secure executed contract documents, bonds and insurance from the contractor. Motion carried unanimously. 7 Ocoee City Commission Regular Meeting November 2, 1999 Change Order No.1, Water Distribution Mains, Phase 1. City Engineer/Utilities Director Shira responded to questions from the Commission regarding Change Order No.1, Water Distribution Mains, Phase 1. Mayor Vandergrift, seconded by Commissioner Parker, made the motion to approve Change Order No. 1 with Wharton-Smith, Inc. by decreasing the contract amount by $74,020.00, with no adiustment in contract time, and authorize the Mayor and City Clerk to execute Change Order No 1, Water Distribution Mains, Phase 1. Motion carried unanimously. Request for Qualifications for Transportation Planning Consulting Services. Capital Projects/Transportation Planner Friel recommended that a member of the City Commission be appointed to sit on the selection committee and gave a brief overview of the process of selecting a transportation planning consultant. Discussion ensued. Mayor Vandergrift, seconded by Commissioner HowelL made the motion to appoint Commissioner Parker to sit on the selection committee, and to direct staff to begin the formal RFO process for transportation planning consulting services. Motion carried unanimously. Appointments to Citizen Advisory Council for Police Department - John Casisa's and Dean Richards' 3 year terms expire December 1, 1999. Mayor Vandergrift requested clarification from City Attorney Rosenthal regarding the ability to not renew a board member's appointment. City Attorney Rosenthal stated that it would be acceptable to let an appointment expire and then state that there is a vacancy on that board. Mayor Vandergrift, seconded by Commissioner Johnson, made the motion to reappoint Dean Richard to the Citizen Advisory Council for Police Department for a term of three years expiring December 1, 2002 and that a vacancy exists on the Citizen Advisory Council. Motion carried unanimously. ST AFF REPORTS City Manager Shapiro requested input from the Commission regarding the City's participation with Sysco in providing Thanksgiving dinners and the annual Christmas Dinner, and suggested more innovative ways to reach the targeted population. Community Relations/Special Projects Shira reported that $1,400 has been budgeted for this year's Christmas Dinner. Staff is requesting that those funds budgeted be used for purchasing non-perishable goods and food gift certificates which would be distributed the week before Thanksgiving by the local Christian Service Center. Additionally, discussions have taken place with Sysco Foods regarding their participation in the Christmas Dinners preparation in place of the Thanksgiving Dinners. 8 Ocoee City Commission Regular Meeting November 2, 1999 Mayor Vandergrift, seconded by Commissioner Johnson, made the motion for Staff to spend $1,400 in canned goods and food certificates for distribution by the Christian Service Center during the week of Thanksgiving, and work with SySCO Foods for the preparation of the annual Christmas Dinners to the needy. Motion carried unanimously. City Manager Shapiro noted that on Monday, November 15, 1999, the day before the next regularly scheduled Commission Meeting, there are several meetings going on, and that everyone in the Office of the Clerk would be attending those meetings to take minutes; therefore, a workshop of the Commission could not be held. Discussion ensued. COMMENTS FROM COMMISSIONERS Commissioner Howell . Requested the status of resurfacing AD. Mims/Wurst Road out to Apopka Vineland. City Engineer/Utility Director Shira will provide an answer in writing to the Commission. . Requested the status of the netting at Sorenson, and if the old net will be taken down. Recreation Director Nordquist will provide an answer in writing to the Commission. . Would like to see a time limit on how long a member serves on the Boards. City Manager Shapiro suggested looking at the resolutions creating each board, what they do, and terms of office, as well as a history of how many citizens request to be placed on the City boards. Consensus was to hold a Workshop on this issue. . Requested a meeting of the Commission with Attorney Rosenthal and Finance Director Horton to learn more about attorney fees and their breakdown. City Manager Shapiro will schedule a meeting for Commissioner Howell with Attorney Rosenthal and Finance Director Horton, and will provide copies to the Commission on the detailed monthly summary statements from the attorneys. . Asked why the Fire Station on Maguire Road does not distribute mouse traps to the citizens. City Manager Shapiro reported that it was determined not be a problem on the South side of Highway 50. Commissioner Anderson . Stated that a 2 week notice for fall clean-up is not enough notification to the citizens. Discussion ensued on the pros and cons of early notification and citizens placing fall clean-up items out on the curb too early, placing the notice on the City web site, and in the newspaper. . Stated he would like to see a "no charge garage sale weekend" for citizens in the City . Thanked Mayor Vandergrift again for inviting him to Fish Orlando . Thanked the Founders' Day Committee and the fireworks company Commissioner Johnson - none. 9 Ocoee City Commission Regular Meeting November 2, 1999 Commissioner Parker . Stated she attended a meeting with Dr. Buchman and Mr. Martin from OCPS regarding school site concerns within Ocoee and strongly. encouraged citizens to attend school board meetings to let them know our feelings. Mayor Vandergrift . Requested status of the practice fields on the AD. Mims property. City Manager Shapiro reported that it is a wetlands issue and that Staff would come back to the Commission in the future on the issue of wetlands. . Stated that with regard to AD. Mims Road resurfacing, he would like to see the City get involved. City Manager Shapiro stated that he has a call in to the County about sharing the cost. . Reported unsafe conditions at Highway 50 in front of the Auto Auction. . Reported the need for reflectors on Clarke Road where the road bends on both the center line and outside line. . Reminded everyone to watch out for children walking to school, and that the City needs to do research on sidewalk issues, more particularly the area in front of Robert's Rise to Bluford Avenue. City Manager Shapiro responded that the State is using that side of the road for a right-of-way. . Announced that there will be a Metro Plan Orlando meeting on December 9. City Manager Shapiro reported that Staff would be attending. . Reminded the Commission of the Community Action Board dinner meeting Friday evenmg. . Reminded the Commission of the Mayor's Lunch on Wednesday, November 3,1999. . Reminded citizens that mouse traps are still available. ADJOURNMENT The meeting adjourned at 10:45 p.m. Attest: c3r~ ,/;ft;4iU.P-t_ Fran Gosnell, Deputy City Clerk APPROVED City of Ocoee -,z-;' . ~ Jt ;) ~.)~~ IA~ S. Scott Vandergrift, Mayor 10