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HomeMy WebLinkAbout11-16-99 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD NOVEMBER 16, 1999 /' 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 Hilda Ems led in the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson (arrived 7:25 p.m.), Howell, Johnson and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Assistant City Attorney Doty, City Engineer/Utilities Director Shira, Community Relations/Projects Director Shira, Finance Director Horton, Public Works Director Smith, Building and Zoning Official Flippen, Zoning Coordinator Harper, Assistant City Engineer/Utilities Director Wheeler, Buyer Tolbert, Police Chief Mark, Recreation Director Nordquist and Acting City Clerk Green. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS Plaque to Hilda Ems for Service on Citizen Advisory Council for Ocoee Police Department Chief Mark presented a plaque to Mrs. Ems in appreciation for outstanding service on the CACOPD from December 7,1993 to October 6, 1999. He also commended Mrs. Ems for her serving as a past president and an eight year member of the SALT (Seniors and Lawmen Together) Council. Ocoee Junior/Senior Football League Cheerleaders (This item not on Agenda) Tammy Steen thanked Commission for all the City has done for the League. She said two cheerleading squads had placed in the Mid Florida Cheerleading Competition and would be competing in the state competition on November 26. The two squads then presented two cheers. Year 200 Ocoee Calendar Contest Winners Community Relations/Projects Director Shira explained that this year Ocoee's calendar will feature children's drawings around the theme of water conservation. Spring Lake Elementary, Ocoee Elementary and Ocoee Middle Schools had been asked to participate and 130 drawings had been entered into the contest. Mrs. Shira thanked Spring Lake Elementary Principal Angie Osborn, Ocoee Middle School Principal Kate Clark, and Ocoee Elementary Principal Janet Quinlan for permitting and encouraging participation in their schools. She recognized art teachers who were present - Mrs. Devine, from Spring Lake and Mrs. DeLillo, Ocoee Elementary. Certificates were presented to the twelve winners and all the students who had participated were recognized along with their parents and teachers. Recess: 7:35 p.m. - 7:52 p.m. Ocoee City Commission Regular Meeting November 16,1999 CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, and G with item H added as an emergency item. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of November 2, 1999 and Workshop of November 1,1999. B. Approval and Authorization for the Mayor and City Clerk to Execute the Non-Exclusive Temporary Easement Agreement with Jennifer L. Butera and Kim Disbro and Authorization for Payment of $250.00 to Cover their Costs in Reviewing and Executing the Agreement. · The City needs to acquire this Easement for the Maguire Road Widening Project. C. Approval of Grant Application for the West Orange Christian Service Center in the Amount of $5,000.00 from Community Promotions Account. · The Center provides food and clothing, social services, and youth activities including tutoring and social programs to Ocoee residents. D. Approval and Authorization for Temporary Closing from 6:00 a.m. to 9:00 a.m. of East Oakland Avenue from Bluford Avenue to Lakeshore Drive for Historical Commission's Arts and Crafts Festival on November 27, 1999 from 9:00 a.m. to 3:00 p.m. · This authorization requires: (1) Road blocking with proper barricades; (2) An emergency lane maintained during the time the street is blocked; (3) Advance notification of all residents affected by the road blockage. E. Approval and Authorization to Grant Request for Fee Waiver in the Amount of $575.00 for St. Paul's Presbyterian Church Related to Their Application for Variance Before the Board of Adjustment. · As a non-profit, religious organization, St. Paul's is requesting waiver from the standard variance application fee. F. Approval and Authorization for Waiver of Bid Process and Purchase of Mobile Lifting System from ARI-HERTA Lifting Systems in the Amount of $39,816.94 from the General Construction Fund. · This mobile lifting system has a capacity of 60,000 pounds and is required to perform in -house repairs and preventative maintenance on garbage trucks and other heavy equipment. G. Approval and Authorization for Mayor and City Clerk to execute Agreements with Supervisor of Elections for Use of Community Center (Precinct 129) and Beech Recreation Center (Precinct 131) as Polling Places. · The Agreements provide for the facilities to be used as polling places for elections on the following Tuesdays: March 14,2000 (Presidential Preference Primary), September 5,2000 (First Primary), October 3,2000 (Second Primary) and November 7,2000 (General Election). Note: Item H below was added as an EMERGENCY ITEM without objection. H. Approval and Authorization for Temporary Closing ofL.F Roper Parkway, Enterprise Street and a Section of Bluford Avenue for the Christmas Parade on December 4, 1999. 2 Ocoee City Commission Regular Meeting November 16, 1999 · Road closings will begin on LF Roper Pkwy. and Enterprise St. at 8:30 a.m. for the parade which starts at 10: 00 a.m. Rain date of December 5, 1999. This authorization requires (1) Road blocking with proper barricades, (2) An emergency lane maintained during the time the street is blocked, (3) Advance notification of all residents affected by the road blockage. Item F, the purchase of the Mobile Lifting System, was pulled for discussion, and without obiection Commission agreed to await further research and consider the purchase again later. In discussion about Item C, the grant to the West Orange Christian Service Center, Margaret McDonald, Director of the Center, said they would be seeking donations from the City of Winter Garden as well and that they received contributions from churches in Ocoee, Winter Garden and Bay Hill. Commissioner Anderson. seconded by Commissioner Parker, moved to approve Consent Agenda Items A, B, C, D, E. G, and H as presented. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court, thanked the City for striping Kissimmee Avenue and for trimming trees and bushes on Orlando Avenue. She also expressed appreciation on behalf of the Senior Citizens to Debbie Gallo for her assistance in the Community Center and to James Mobley for driving the group on their excursions. Rebecca Layman and Nancy Maguire of the Ocoee Historical Commission invited Commissioners to attend the Withers-Maguire Christmas Homecoming festivities to be held December 18 and 19. It is open to the public for a donation of $5.00. Commissioner Parker said she had attended the event last year and encouraged everyone to attend. Mayor Vandergrift suggested decorating the tree at the corner of the house and having a formal tree lighting ceremony. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell thanked Mr. Smith for the work done by Public Works at the Vignetti softball field. Commissioner Parker thanked everyone who was involved in the Veterans' Day Program on Thursday. She especially noted Pat Smith, who had worked very hard to put it together, the Ocoee Middle School Band and Chorus, the police and fire honor guards, and great speakers. Mayor Vandergrift I. Echoed his thanks for the participants in the Veterans' Day Program. 2. Announced the Memorial Service for Jack Hager, the brother of former Commissioner Vard Hager, to be held on Wednesday, November 14, 1999 at 2:00 p.m. at the Ocoee Church of God of Prophecy. 3 Ocoee City Commission Regular Meeting November 16, 1999 3. Asked for a volunteer to replace him at the teach-in at Ocoee Elementary School on Wednesday morning as he had a conflicting appointment. As no commissioner was available, Mr. Shapiro will arrange for a staff member to do so. 4. Said free mouse traps are still available from the Building and Fire Departments. 5. Announced the RSVP line is 656-2218. PUBLIC HEARINGS VARIANCE SETBACK ApPLICATION - CASE No. 1VR-99:CAMBRIDGE HOMES, INC. 1651 RACHEL'S RIDGE Loop Zoning Coordinator Harper presented the staff report for the application for zoning variance for the home presently under construction at 1651 Rachel's Ridge Loop. The request seeks to provide for a 16 foot building setback from Clarke Road versus the platted specification of 25 feet. He explained that the change in setback was needed in order to safeguard three large specimen-sized oaks, and that the Variance was needed to avoid creating a "cloud" on the title of the subject property. He said the Board of Adjustment had unanimously recommended approval of the Applicant's Variance Request and he concluded with staff s recommendation to grant the request. Scott South, vice president of Cambridge Homes, and Jerry Wright, the construction superintendent for Wedgewood Commons, were present for the applicant. Note: Mayor Vandergrift left the dais and Mayor Pro Tem Anderson presided. The public hearing was opened. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked, and staff confirmed, that the subject property would not be visible from Clarke Road as it would be behind a six foot wall. City Attorney Rosenthal pointed out that Variance Applications were quasi-judicial proceedings. He pointed out that the recommendations for approval by the Board of Adjustment and the Staff constitute competent substantial evidence which would service as a basis to grant the request. The public hearing was closed. Commissioner Howell said that, in future, a request such as this one should be made before the house is built. City Manager Shapiro explained that it was not a violation of City code, but was a violation of the plat submitted by the developer. As had been recommended by staff, Commissioner Johnson, seconded by Commissioner Parker, moved to approve the Variance Setback Application in Case No. I VR-99:Cambridge Homes, Inc. Motion carried 4-0. (Mayor Vandergrift was away from the dais.) 4 Ocoee City Commission Regular Meeting November 16, 1999 OTHER BUSINESS The following items are listed in the order considered. FIRST READING: ORDINANCE No. 99-37, CABLE TELEVISION City Attorney Rosenthal read the proposed ordinance by title only, and announced that the Second Reading and Public Hearing were scheduled for December 7, 1999. Community Relations/Projects Director Shira invited Commissioners to contact her if they have questions about the Ordinance before the public hearing at the next meeting. Mayor Vandergrift returned to the dais. Dianne Pickett, vice president of public affairs and governmental relations for Time Warner Communications, said she would continue to work with staff on any fine tuning needed on the ordinance. Responding to a question about when Road Runner would be available in Ocoee, Ms. Pickett said it would be offered in the area upon successful completion of the ordinance and the franchise agreement. Mr. David Spencer, vice president of Time Warner-Orlando, was also present. RESOLUTION No. 99-19, RE: MAGUIRE ROAD CONDEMNATION City Attorney Rosenthal read the resolution by title only. City Manager Shapiro pointed out that the 90% Design of Maguire Road (Item VII F) should be considered before adopting the Resolution. PRESENTATION OF ApPROVAL OF 90% PLANS FOR MAGUIRE ROAD IMPROVEMENT PROJECT AND AUTHORIZATION FOR PERMITTING AND CONSTRUCTION Fursan Munjed, of PEC, presented a brief report for the project for the widening of Maguire Road from south of Roberson Road north to SR 50. He said they are working with City staff to decide whether it should be continued north of SR 50 at this point. He concluded with a request for approval of the 90% Construction Plans. Discussion ensued in which Mr. Munjed said the decellane into Wesmere had been added and City Engineer/Utilities Director Shira said the staff was reviewing an Agreement from Orange County which would provide for transfer from the County's inventory to the City's inventory the portion of Maguire Road from Gotha Road to Franklin (SR 438 extension). City Attorney Rosenthal said the Agreement would provide for Maguire Road to be moved from the County road system to the City road system which gives the City jurisdiction over the road and maintenance responsibilities for the road. As had been recommended by staff, Mavor Vanden!rift. seconded by Commissioner Parker. moved to approve the Maguire Road Improvement Proiect as presented at this 90% level and to 5 Ocoee City Commission Regular Meeting November 16,1999 authorize Staff and PEe, Inc. to proceed with completion of the design and securing of all necessary permits with the plan to proceed on to bidding and award for construction. Motion carried 5-0. Discussion about lighting for the road ensued. Underground wiring and placement of the lights in the center of the road where possible were suggested. Mr. Munjed explained that placement of the lighting would be affected by Florida Power's need to have a five foot clearance between the overhead power lines and their lighting poles. He said there were two options in terms of costs - the City could sustain the upfront cost or Florida Power could sustain the cost and the City could lease the fixtures. Mr. Shapiro pointed out the space limitations north of the turnpike. Mr. Rosenthal pointed out the potential land acquisition costs and severance damage factors considered from a design standpoint. It was agreed without objection that PEC will prepare alternative choices and their costs and bring them back to Commission for approval. RESOLUTION No. 99-19 - MAGUIRE ROAD WIDENING PROJECT/CONDEMNATION Assistant City Attorney Doty presented the staff report for the proposed Resolution. She said she was responsible for acquiring all the land that is needed to do the roadway project, and that adoption of Resolution No. 99-19 would allow her to file a condemnation suit to acquire the five properties identified in the Resolution as right-of-way needed for the project. Ms. Doty explained the normal procedure to acquire the properties and said it had been followed on each of these properties but that she has not received counter proposals from the property owners. Parcels 101, 103 and 104 are all properties controlled by Mr. Gordon Nutt and she had advised him today of the values the City was placing on the fencing. Ms. Doty gave the updated appraisals on those parcels for the record as follows: Parcel 101 Parcel 103 Parcel 104 Glenmuir Properties, Ltd. Devworth Development Co. Inc. Glenmuir Properties, Ltd. $7,035.00 $2,984.00 $26,020.00 Ms. Doty reported that Mr. Nutt said he had scheduled a meeting with City staff in December on the Preliminary Subdivision Plan on the Westridge property and would give the amount of his counter proposal the day after that meeting. Ms. Doty said that when the City had been in a crunch to put up the signal at the intersection of Roberson and Maguire Roads, Mr. Nutt had donated the corner clips which the City needed in order to do so. City Attorney Rosenthal strongly recommended against the Commissioners individually or as a group trying to negotiate when the City has appraisals. He pointed out that if the City made a habit of offering substantial percentages over the appraisals, then the City would never buy property again for the appraised value. As had been recommended by staff, Commissioner Johnson, seconded by Commissioner Parker. moved to approve Resolution No. 99-19 authorizing execution thereof by the Mayor and 6 Ocoee City Commission Regular Meeting November 16,1999 City Clerk and further authorize all necessary actions in order to proceed to acquire the properties by quick-take proceeding. Motion carried 5-0. Ms. Doty said she will be filing condemnatiancy within the next seven days and the order of taking hearing will be after the first of the year. She said it was possible they may be able to acquire the properties without having to condemn them, and, if so, she will dismiss the property owner from the suit and bring a negotiated purchase to Commission. RESOLUTION No. 99-20, RE: CREDIT CARDS City Attorney Rosenthal read Resolution No. 99-20 by title only. Finance Director Horton presented the staff report for the proposed resolution to enter into an agreement with SunTrust for the issuance of the VISA Corporate Card to the Mayor, City Commissioners, and City Staff. In response to a question from the Mayor, she explained that the City was changing because American Express requires that the individual to whom the card is issued is personally liable and currently that has been the City Manager, and that the annual membership fee would be less with SunTrust. Commissioner Anderson suggested that changes to the account should require the Mayor and one other individual rather than any two of the three individuals listed. Mr. Shapiro said this was the usual procedure and Mr. Rosenthal explained this refers more to administrative paper work that may come to the City during the course of the administration of the card, and would typically be done by the City Manager and Finance Director. As had been recommended by staff, Mayor Vandergrift. seconded by Commissioner Howell. moved to approve Resolution No. 99-20 and authorize the Mayor, City Clerk and Staff to execute all documents necessary to effect the transaction. Motion carried 4-1, with Commissioner Anderson voting "No." RECESS - 9:07 p.m. - 9:30 p.m. DISCUSSION: BEFORE/AFTER SCHOOL PROGRAM - PAYMENT/SCHOLARSHIP PROGRAMS Recreation Director Nordquist presented the staff report. Mavor Vandergrift. seconded by Commissioner HowelL moved to approve the program as recommended by staff. The program was discussed at length. Commissioner Johnson, seconded by Commissioner Anderson, moved to amend the motion to not forgive amount in arrears, except for those people who would qualify under the new guidelines for scholarships. Motion carried 4-1, with Mayor Vandergrift voting "No." 7 Ocoee City Commission Regular Meeting November 16, 1999 Commissioner Anderson, seconded by Commissioner Parker, moved to amend the motion to allow those individuals in arrears who do not meet the requirements of the scholarship to have one year from the effective date of starting the program to pay the amount in arrears. Motion carried 3-2 with Mavor Vandergrift and Commissioner Johnson voting "No." The vote on the motion as amended carried 4-1, with Mavor Vandergrift voting "No." AWARD OF SERVICES AUTHORIZATION 99-007 FOR ENGINEERING SERVICES TO HARTMAN & ASSOCIATES, INC. FOR THE A.D. MIMS AND WURST ROAD AREA IMPROVEMENT PROJECT Assistant City Engineer Wheeler presented the staff report. Commissioner Johnson commented about the need for sidewalks from the Beech Center, down both sides of Clarke Road and all the way to Prairie Lake. Mr. Shapiro said staff would need to report back with information about costs/funding for the sidewalks. Mayor Vandergrift questioned including resurfacing of the ten residential streets along with the AD. Mims Road/Wurst Road project as he felt that should not require engineering services. He was concerned that widening of Wurst might encourage speeding on the road. Mr. Wheeler said that Wurst was scheduled for widening to a uniform width for safety reasons and that there are no plans to change the speed limit. He said the resurfacing of the residential streets had been included in the maintenance overlay ofthe roads which Public Works was going to do but would be included in this project and paid for under the transportation bond issue. He said the engineers will be delineating the areas where the work is to be done, but the majority of the design work will be for Wurst Road. Mr. Shapiro explained the need to remedy the "sickness" of the roads in the area and said the project will make the "streetscape" look better for the people living along it. The majority of the cost is for the design of Wurst Road and the ribbon curb and the only money they are being paid on the rest of it is the preparation of the bid documents so the projects may be begun. Mayor Vandergrift said he did not want to wait on the resurfacing of the roads until engineering was done on Wurst and AD. Mims Roads. Mr. Wheeler said the project should be out to bid in 90 days. As had been recommended by staff, Commissioner Johnson, seconded by Commissioner Anderson moved to authorize the Mayor and City Clerk to execute Services Authorization No. 99-007 with Hartman & Associates, Inc. in the not-to-exceed amount of $47,860.00, and further, that the listed resurfacing proiects provided by the Public Works Department be included with the AD. Mims Road Improvements Proiect. .Motion carried 4-1, with Mavor Vandergrift voting "No." 8 Ocoee City Commission Regular Meeting November 16, 1999 ApPOINTMENTS TO BOARDS Citizen Advisory Council for Police Department - Appointment to Complete Hilda Ems' Term to April, 200l. Commissioner Howell, seconded by Commissioner Anderson, moved to appoint Wayne Hurst to CACOPD to complete Hilda Ems' term to April, 2001. Motion carried. 5-0. Education Commission - Appointment to Complete Liza Crunk Holland's Term to August, 200l. Commissioner Johnson, seconded by Commissioner Anderson. moved to appoint Robert Williams to Education Commission to complete Liza Crunk Holland's term to August 2001. Motion carried 5-0. STAFF REPORTS - None. COMMENTS FROM COMMISSIONERS Commissioner Howell: 1. Had concerns about some problems at the Jim Beech Center, but he had been advised by Mr. Nordquist that staff was working on it, so he will wait until staff has done so. 2. Directed attention to a letter to the editor in the West Orange Times concerning a cheerleader for the Ocoee Bulldogs who was not allowed by Pop Warner officials to continue to cheer because she had been held back a grade in school. He said this was not an isolated incident and asked what the City might be able to do about it. After some discussion, Mr. Shapiro asked Mr. Nordquist to meet with the Pop Warner Board to determine what had occurred and to report back to Commission with a recommendation. It was agreed without obiection that Commissioner Howell and Mr. Nordquist would look into the matter. Commissioner Anderson: 1. Announced the Ocoee Christmas Parade will be held on Saturday, December 4, 1999 at 10:00 a.m. Mr. Shapiro said that Commissioners should arrive by 9:00 a.m., that Ocoee and Winter Garden Commissions would have lunch together following the parade, and that the City of Winter Garden had volunteered to pay half the cost for the luncheon this year. 2. Asked if the chairs in the Commission Chambers might be replaced with regular chairs to allow more flexibility. Mr. Shapiro said the chair problem is a part of the lawsuit. He said a change to non-permanent chairs would negatively impact the appearance of the Chambers. 3. Suggested that having Commission Agenda Packets in 3-ring binders would be more workable in the meetings. 4. Said he wants to see larger lots in new development coming into the City. 5. Expressed concern that fluoride in the City's water supply may be a carcinogen and could cause future legal ramifications. 6. Referred to memo about minimum manning of fire stations during training for drivers. After some discussion, Commissioner Johnson, seconded by Commissioner Anderson, moved to bring in staff for half-day overtime to cover during classes. After further discussion in which 9 Ocoee City Commission Regular Meeting November 16,1999 it was determined that more information was needed, Mayor Vandergrift, seconded by Commissioner HowelL moved to table the motion. Motion to table carried 5-0. 7. Asked about the status of a master plan for the Auto Auction. Mr. Shapiro said a submittal by the Auction would be discussed with the City Attorney and Planning Director on Thursday, November 18, about putting together an appropriate schedule and what vehicle to use for it. Commissioner Johnson: .L Said trash had not been picked up in his neighborhood on Saturday. Mr. Shapiro said he will arrange for special pick-ups for anyone who had that problem and the City will back charge Jennings for it. 2. Congratulated Mayor Vandergrift on having a road from Winter Garden named for him, and said he will write a note of thanks to Mayor Quesinberry. Commissioner Parker: 1. Announced the Historical Commission Craft Show to be held on Saturday, November 27th from 9:00 a.m. to 3 :00 p.m. 2. Stressed the need for sidewalks all along Clarke Road. Noting safety concerns for pedestrians and bicyclists, she strongly supported not increasing the speed limit to 45 miles per hour until the sidewalks are in place. Discussion ensued about reflectors on Clarke Road and Mayor Vandergrift recommended placing reflectors temporarily on the turn-in to the Beech Center Mayor Vandergrift: I. Directed attention to article in today' s Sentinel about a planned expansion of 1-4 to 10 lanes in downtown Orlando. He said he would write in support of going forward with the B Section of the Western Beltway before adding light rail or the 1-4 expansion. 2. Noting growing problem with stolen vehicles, he directed attention to LoJack information he had distributed and wanted the City to consider sponsoring. Mr. Shapiro will ask Police Chief Mark to look into it. 3. Said he had observed paving to repair brick streets. Mr. Shapiro will check into it. 4. Thanked the volunteers for answering phones. ADJOURNMENT The meeting adjourned at 10:30 p.m. Attest: APPROVED City of Ocoee ~.~h0liM14-J Marian Green, Acting City Clerk 10