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HomeMy WebLinkAbout06-16-98 MINUTES OF THE CITY OF OCOEE REGULAR CITY COMMISSION MEETING HELD JUNE 16, 1998 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Commissioner Anderson led in the prayer and Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass (arrived at 7:20 P.M.), Howell and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City EngineerlUtilities Director Shira, Assistant City Engineer Wheeler, Director of Community Relations/Projects Shira, Senior Planner Home, Finance Director Horton, Public Works Director Smith, Fire Chief Strosnider, Finance Supervisor Carter, Budget Specialist Strickland, Police Chief Mark and City Clerk Grafton. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS PRESENT A TIONS AWARD FOR YEARS OF SERVICE - 5 YEARS - CATHY SILLS Mayor Vandergrift gave a brief history of Cathy's career with the City and presented her with a plaque and a gift certificate. Cathy introduced her husband, Jim, and daughter, Celeste. Finance Director Horton talked about Cathy's giving 100% + every day. AWARD FOR YEARS OF SERVICE - 5 YEARS - JOYCE ST ADB Mayor Vandergrift gave a brief history of Joyce's career with the City and presented her with a plaque and a gift certificate. Police Chief Mark then spoke of her achievements. AWARD FOR YEARS OF SERVICE - 5 YEARS - DAVID KINLER Mayor Vandergrift gave a brief history of David's career with the City and presented him with a plaque and a gift certificate. City EngineerlUtilities Director Shira thanked him for his extra effort. AWARD FOR YEARS OF SERVICE - 5 YEARS - CARY BERTLING Cary was not present. AWARD FOR YEARS OF SERVICE -10 YEARS - JEFFREY DYER Mayor Vandergrift gave a brief history of Jeffrey's career with the City and presented him with a plaque and a gift certificate. Police Chief Mark spoke highly of his quick response and cooperation. PROCLAMATIONS - None. Ocoee City Commission Regular Meeting June 16, 1998 CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E and F. Commissioner Howell pulled item B for discussion. Commissioner Glass, seconded by Commissioner Howell, moved to approve items A, C, D, E and F of the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of Citv Commission Ree:ular Meeting of June 2.1998. C. Approval and Authorization for Mayor and City Clerk to execute the Prairie Lake Villae:e, Phase 2. Final Plat. (ENGINEERING AIDE KOVACS) D. Approval and Authorization for the Soecial Events Permit. Temporary Blockine: of City Street (Floral). (BUILDING OFFICIAL FLIPPEN) E. Approval and Authorization to Purchase Ice Maker for Vignetti Recreation Center. (RECREA nON DIRECTOR NORDQUIST) Item B. of the consent agenda was discussed at this point. B. Approval and Authorization to Sponsor Ocoee Bulldogs at the Diamond Sponsor Level ($1,000). Commissioner Howell said he would be interested in setting up a scholarship fund to enable all children to have the opportunity to play football or cheerlead. Commissioner HowelL seconded by Mayor Vandere:rift, moved that the $1,000 be put into a fund for a scholarship, for children who need financial assistance in order to play in the Pop Warner Football League. Motion failed 2-3, with Commissioners Anderson, Glass and Parker voting no. Commissioner Parker, seconded by Commissioner Glass, moved to approve a Platinum Sponsorship for $500 and a scholarship fund for $ 1,000 to be set up for families who are unable to pay the fee. Commissioner Glass wished to amend the motion to put Commissioner Howell in charge of the scholarship. Mr. Rosenthal cautioned concerning the state Sunshine Laws. Commissioner Glass, seconded by Commissioner Parker, moved to amend the motion by adding Commissioner Howell as a contact to the Ocoee Bulldogs. Amendment carried 5-0. Motion as amended carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Rebecca Layman, Ocoee Historical Commission, asked for funds ($500) to support producing a coverlet showing the scenes of Ocoee to sell for support of Withers-Maguire House. Mavor Vandere:rift. seconded by Commissioner Anderson. moved to give $500 to be used for this proiect. Motion carried 5-0. Mrs. Frances Watts, 43 Shell Key Court, expressed appreciation for the many kindnesses extended to her during her illness and read a Garfield card addressed to the City Commission: "Remember you'll never be free of your problems, you'll always have me." 2 Ocoee City Commission Regular Meeting June 16, 1998 COMMISIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker: 1) Announced the July 4th Celebration on the City Complex at the Gazebo with a fireworks display at 9:00 P.M., and encouraged all to come. Commissioner Glass: 1) Announced the RSVP No. 656-2218. 2) Read City Engineer Shira's report on the results of the water test, showing that 63% of the taste testers preferred Ocoee water to bottled water. Commissioner Anderson: 1) Asked Chief Strosnider if the City will really have fireworks, as daily newspaper reports on fire conditions have cast some doubt. Chief Strosnider assured that the City is well covered and going forward with plans, but everyone must be very careful. Commissioner Howell: 1) Congratulated 1. J. Prettyman (son of Recreation Supervisor Vicki Prettyman) for qualifying for the Junior Olympics Golf Toumament. ~ Said "Hi" to his granddaughter Sara. Mavor Vandergrift: No comments at this time. PUBLIC HEARINGS SECOND READING - ORDINANCE 98-09 EV ALVA nON AND APPRAISAL REPORT City Attorney Rosenthal presented this Ordinance by title only. Senior Planner Horne said that the report had been provided to the City Commission on March 17, 1998 in order to allow ample time for review prior to this public hearing. She introduced the members of the Evaluation and Appraisal Report Advisory Group and the Planning and Zoning Commission, and advised that both groups had reviewed the EAR prior to its presentation to the City Commission, recommending approval. Mrs. Horne explained that, pursuant to state law, the report had been prepared by Staff to assess the success and/or failure of the Comprehensive Plan, and, following action taken at this meeting, she would submit the report to the Department of Community Affairs for a compliance determination. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Anderson. seconded by Commissioner Glass. moved to adopt Ordinance No. 98-09. adOPting the Evaluation and Appraisal Report, as presented. Motion carried 5-0. SUMMERVILLE AT OCOEE ASSISTED LIVING FACILITY. (PLANNING DIRECTOR WAGNER) SECOND READING OF ORDINANCE No. 98-10, PUD LAND USE PLAN - REZONING. City Attorney Rosenthal read this Ordinance by title only. Planning Director Wagner presented the plan on an overhead projection and explained the proposed changes. The subject 3 Ocoee City Commission Regular Meeting June 16, 1998 property currently has C-2 zoning. The Planned Unit Development (PUD) zoning would include all uses currently permitted by the site's existing C-2 zoning as well as an Assisted Living Facility for senior citizens with a maximum of 120 beds. Due to the unique nature of the proposed use and the way the Land Development Code is structured, the Assisted Living Facility will require both PUD zoning and Special Exception to allow the proposed Assisted Living Facility on this site. Mr. Wagner reported that the Development Review Committee and the Planning and Zoning Commission both recommended approval unanimously. Staff recommended (1) adoption of Ordinance No. 98-10 approving the request for the Summerville at Ocoee Assisted Living Facility (Case # 98-001), to rezone the subject property from C-2, Community Commercial District, to PUD, Planned Unit Development, consistent with the PUD Land Use Plan date stamped received by the City on May 19, 1998, subject to the execution of a development agreement as required by the Land Development Code, and (2) authorize the Mayor and City Clerk to execute a development agreement with the owners of the subject property as required by the Land Development Code. The public hearing was opened. Mrs. Frances Watts asked what assisted living is. Kevin Robillard, Vice President, Daniel Corporation, explained it is helping someone who is a senior citizen not entirely able to do all self care, who does not need the full services of a nursing home and is still ambulatory. The facility will have 85 units for up to 2 people but most units will be for 1 person. Commissioner Anderson asked who can live in an Assisted Living Facility. Mr. Robillard said generally older people who have this particular need, a 23 or 32 year old would not be comfortable. This facility is specifically targeted to serve the older person. The public hearing was closed. Commissioner Anderson asked if there would be a gate on the adjoining side with the restaurant property, what type of brick would be used and how much the units would cost. Kevin Robillard in response to several questions said the gate will be in with the final site plan approval. The brick will match the type used in the wall for Lake Olympia Club. The units will cost $3,100 - $4,200 rent per month. Commissioner Anderson suggested that they have handicapped ramps away from the porte- cochere. He also asked if there could be a stipulation for a specific age. Commissioner Anderson moved to approve Ordinance 98-10 PUD Land Use-Rezoning with the stipulation of condition of age. There was no second to this motion. Mr. Rosenthal suggested that the age restrictions would have to be drafted into a definition of an ACLF. He also recommended that the Planning Department research the restriction. 4 Ocoee City Commission Regular Meeting June 16, 1998 Kevin Robillard responded that he had no problem with confining use to persons over 50 years of age. Mayor Vandergrift polled the commissioners to find their feeling on the age restriction. Commissioner Parker would not like to see any age restrictions placed on the facility. Commissioner Glass said he had no problem with asking Mr. Rosenthal to research the State Statutory definition, but wanted to hear from the applicant about a timeline. Commission Howell can understand Commissioner Anderson's position, but does not see how an age limit would work. Mayor Vandergrift agreed with Commissioner Howell. Mavor Vandergrift. seconded bv Commissioner Parker. moved to approve Staff recommendation to adopt Ordinance No. 98-10 approving the request for the Summerville at Ocoee Assisted Living Facility (Case #98-001). to rezone the subiect property from C-2. Community Commercial District. to PUD Planned Unit Development. and authorizing the Mayor and City Clerk to execute a development agreement with the owners of the subiect property as required by the Land Development Code. Motion carried 4-1 with Commissioner Anderson voting no. Commissioner Anderson said for the record what we do today will set the footwork for the future so he is uncomfortable without some type of age restriction. SUMMERVILLE AT OCOEE ASSISTED LIVING FACILITY SPECIAL EXCEPTION ApPLICATION, CASE No. I-lsE-98. PLANNING DIRECTOR WAGNER displayed the plan on the overhead projector and explained that this type of facility required both PUD zoning and Special Exception approval. He gave a brief description of the facility and advised that the plan has been recommended for approval by the DRC and the Planning and Zoning Commission. Staff recommended approval of the Special Exception for Summerville at Ocoee Assisted Living Facility (Case #1-lSE-98), to be built according to the Preliminary Plan as date stamped received by the City on May 19, 1998, including the Conditions of Approval identified thereon. The public hearing was opened. As no one wished to speak the public hearing was closed. Mavor Vandere:rift seconded by Commissioner Parker. moved to accept the staff recommendation of the approval of the Special Exception for Summerville at Ocoee Assisted Living Facility (Case # 1-1 SE-98) to be built according to the Preliminary Plan as date stamped received by the City on May 19. 1998. including the Conditions of Approval identified thereon. Commissioner Anderson moved to amend to make the facility for 50 years and older. There was no second. Motion carried 4-1 with Commissioner Anderson voting no. 5 Ocoee City Commission Regular Meeting June 16, 1998 ApPROVAL OF UNSECURED PROMISSORY NOTE IN AMOUNT OF $200,000 TO FINANCE THE ACQUISITIONS OF BASE OPERATIONS MGMT. SERVICES, INC. PROPERTIES EAST OF BLUFORD AVENUE BETWEEN McKEY STREET AND OAKLAND AVENUE (CITY ATTORNEY ROSENTHAL) City Attorney Rosenthal presented the staff report, noting that a portion of the purchase price for the 12 platted lots will be paid with an unsecured promissory note in the amount of $200,000 which would bear interest at the rate of 8% per annum and be payable over a term of three years. **NOTE: AT THE DIRECTION OF COMMISSIONER ANDERSON IN THE JULY 7 MEETING THE FOLLOWING IS ADDED AS A CORRECTION TO THE MINUTES: The City, in connection with the purchase of the property, is using the appraisal provided by the seller. The public hearing was opened. Mrs. Watts asked if this is the property ofMr. Ben Griffin. Former Commissioner Rusty Johnson proposed that the city get an option to buy other houses in the block. The public hearing was closed. Commissioner Anderson, seconded by Commissioner Glass, moved to approve the borrowing on an unsecured basis of uo to $200,000 in connection with the financing of a portion of the purchase price for the acquisition of 12 olatted lots as more fully set forth in a Purchase Agreement dated June 2, 1998 between Base Operations Management Services, Inc., as Seller, and the City of Ocoee, as Buyer. Motion carried 5-0. Recess 8:33 p.m. - 8:40 p.m. OTHER BUSINESS MAYOR VANDERGRIFT announced he would take item D out of agenda order and consider it at this time. PARTICIPATION IN THE DEVELOPMENT OF A COUNTYWIDE HAZARD MITIGATION STRATEGY. Assistant City Engineer Wheeler read the staff report, noting that the Orange County Office of Emergency Management has requested notice of the City's intentions regarding participation in the development of a countywide hazard mitigation strategy as offered by FEMA. The letter offers three options: (1) participate (Ocoee's share of the grant would be pooled with the other participants' shares to develop the overall strategy); (2) stand alone (Ocoee's share would be used for Ocoee's strategy alone); and (3) do nothing (Ocoee's share would be split between the county program and retained by the state). Mr. Wheeler recommended accepting the grant offered by FEMA, through the Florida Department of Community Affairs, and jointly participate in the development of the countywide Hazard Mitigation Strategy and authorize the City Manager to respond to Orange County by June 20, 1998, as referenced in his staff report, and to authorize staff to actively participate in the development of this strategy. The City would then qualify for funds to make improvements for emergency purposes rather than fixing disaster areas. 6 Ocoee City Commission Regular Meeting June 16, 1998 Mavor Vandergrift, seconded by Commissioner Glass. moved to accept Staff recommendation for Participation in the Development of a Countywide Hazard Mitigation Strategy. Motion carried 5-0. Mr. Shapiro proposed buying trailer park spaces as they become empty or require a new trailer be placed on the space. Commissioner Glass announced that he had to leave the meeting and wished to make a few comments before excusing himself early. . On the Temporary Fire Administration Office Space. (VII-A), he supported Staff recommendation. . On Capital Improvement Plan (VII-B), his big issue with the plan was sidewalks and he asked if there was a way to move up construction. Mr. Shapiro responded that he was not sure at this time, it could soon be a function of Public Works to build Ocoee's sidewalks. . On Voting Delegate - Florida League of Cities Convention (VII-E), he was not planning to go so please do not nominate him while he is absent. Without obiection, Mayor Vandergrift was appointed at this time. . On the Consideration of Settlement Proposal in Jerry E. Jones Code Enforcement Matter (VII- F), he supported City Attorney Rosenthal's recommendation. . On the Police Take Home Car Plan (VII-C) he would like the discussion to be deferred till he is present so he can be a part of it. Delay was approved without objection till July 7, 1998. Commissioner Glass apologized for leaving early and left at 9:00 P.M. TEMPORARY FIRE ADMINISTRATION OFFICE SPACE. Chief Strosnider said that a few years ago he moved his fire inspectors into City Hall due to a lack of space, now he has to move them out. He has looked at space in the other fire stations but was not feasible, also, he has looked at office space in the surrounding area but it was not in his budget range. He said that the only solution at this time seems to be adding a temporary 14' x 60' office module at Fire Station 1. He noted that this could be done at an approximate one time cost of $18,472, and a monthly recurring cost of $350 for lease of the trailer. Commissioner Anderson suggested the use of local office space rather than store front space or use the police substations at the fire stations 3 and 4, which are not in use at this time. Mr. Shapiro stated that for communication purposes they would like to keep them all together. Mavor Vander!!rift. seconded by Commissioner Parker. moved to accept the staff recommendation for the Temporary Fire Administration Office Space. Motion carried 4-0. Commissioner Glass was not present. MAYOR VANDERGRIFT MADE A PRESENTATION FOR POLICE TAKE HOME CAR PLAN. 7 Ocoee City Commission Regular Meeting June 16, 1998 CONSIDERATION OF SETTLEMENT PROPOSAL IN JERRY E. JONES CODE ENFORCEMENT MATTER. Mr. Rosenthal gave a brief background of the matter, recommending rejection of the $2,000 settlement proposal and requesting authorization for a settlement proposal in the amount of $20,000 which would reimburse the City for its out of pocket expenses and for a portion of the costs incurred by the Code Enforcement Board. Commissioner Anderson moved to make the amount of fine $30,000 and payable in 45 days. Mr. Shapiro explained that the reason for the amount of fine was to make it payable. Mr. Rosenthal said this property is a homestead property and the City is not going through foreclosure. Commissioner Anderson rescinded his first motion and. seconded by Commissioner Parker. moved to adopt the recommendation of staff with date specific. extended to 30 days from the date of contact documents. Motion carried 4-0. Commissioner Glass was not present. CAPIT AL IMPROVEMENT PLAN Mayor Vandergrift in a brief statement asked that the conversation on the capital improvements be limited to this year's issues due to the time. Mr. Shapiro said the commissioners may want to move something up or back on the list. Mayor Vandergrift said they would look at the report page by page and ask questions accordingly. Page 1 - Commissioner Anderson questioned line 14, New Police Station Architect Plans. The $225,000 was removed, as it was entered in error. Page 2 - Commissioner Anderson: change line 27, Pave Lee St. and Kissimmee St. behind Food Lion to a 3 priority. Page 3 - Mr. Shapiro addressed questions on sidewalks, stating that in the future, the city would like to be building their own, with input on positioning from the public. Page 4 - Line 66, Mr. Shapiro said, for the record, Planning and Zoning informed we have not paid enough attention to the lake projects. He also added that the Commission might look at a GOB bond issue, but they need to find out what the citizens consider their priorities. Page ll-Mr. Shapiro advised that he cannot come up with a budget until the Commission makes a decision concerning the Police Take Home Car Plan. Commissioner Howell would like to have a special workshop before the next Commission Meeting to propose a plan. Mr. Shapiro would like to make the generated revenues of the city available to the Commissioners, but will not have those available till the next commission meeting. Page 18- Line 63, the word new should be in parenthesis. Commissioner Anderson thanked Finance for the fine job they did on the report. Commissioner Anderson. seconded bv Commissioner Parker. moved to approve the Capital Improvements Program as amended. Motion carried 4-0. Commissioner Glass was not present. 8 Ocoee City Commission Regular Meeting June 16, 1998 Commissioner Anderson commented that in the future Public Works should look into contracting the garbage collection to the private sector rather than hiring more workers and buying more trucks. STAFF REPORTS - None. COMMENTS FROM COMMISSIONERS Commissioner Parker: Will arrive at the joint meeting on Thursday, June 18 at 7:30 p.m. Commissioner Anderson: 1) Reported the light at Mckey/Bluford stays on too long (2 min- 20 sec. ) even when there was no one on Bluford A venue. 2) Will arrive at meeting on Thursday, June 18, 1998 a few minutes late due to a CACOPD meeting at 7:00 p.m. 3) Concerning the Indy Plan, stated that he is not in favor of giving a vehicle to any city employee who is not a resident of the City of Ocoee. Mavor Vandergrift: 1) He would like to do an Employee Opinion Survey, and wants an RFP on the next agenda. 2) Would like to know how long Silver Glen will be unpatched. 3) Expressed concern about speeding on Melva Street, suggested closing entrance. 4) Commended Lions Club for giving weather radios to the schools. il Said Bridge Creek road in Cross Creek is coming apart. Mr. Shapiro said that it is a private road, but he can find out what is wrong. 6) There is still water running out of Saddle Bay Loop. 7) Said the lights at Little Champ on Wurst Road are blinding. Commissioner Anderson added that tennis court lights are on all night. 8) Asked if well to drain Starke Lake is still running. 9) Stated that the water bill drop box is still too high. (Public Works has already fixed it.) 10) He would like to see more trees at comer of Kissimmee St. on Sysco property. Commissioner Howell: 1) He said it was a good idea to close off Melva at one end. ADJOURNMENT The meeting was adjourned at 10:40 p.m. APPROVED: City of Ocoee . J 5S'~ ~ S. Scott Vandergrift, May r Attest: J 9