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HomeMy WebLinkAbout01-05-93 ~ KlBUTES OF THE CITY OF OCOEE BOARD OF COKKISSIORERS REGULAR KEETING HELD January 5, 1991 The regular meeting of the Ocoee Board of City Commissioners was called to order at 7:30 p.m. by Mayor Vandergrift in the commission chambers. Reverend Jerry Miller led in the prayer and Commissioner Combs led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Planning Director Behrens, City Engineer/Utilities Director Shira, Building Official Flippen, and City Clerk Grafton. Absent: None PRESENTATIONS AND PROCLAMATIONS - None CONSENT AGElfDA The consent agenda consisted of items A, B, C, D, E, and F. Administrative Services Director Beamer advised, regarding items D and E, that the documents for water and sewer service indicate Starke Lake Joint Venture as owner and developer and should instead have Robert L. Ferdinand, Trustee as owner, and before the documents are signed those changes, along with the language inside the document reference that change, will be made. Couissioner Johnson asked for an explanation regarding item F, as he understood that the contractor was going to handle this kind of study. Ks. Beamer and City KanaO'er Shapiro advised that the City, as owner of the property, needs the information provided for the purposes ~ of the permit as the water table has risen, and so should pay the $10,000 from the Utili ty Fund. Couissioner Woodson said next time he would like to have more complete information before an item is put on the consent agenda. A.. Acceptance and ~~~oval of Minutes of Commission Workshop Meeti~l!LoJ.. December 15, 1992. B. ~Q.val and Aut]lorizatiQ~_to_Ex~cut~ th~. Rel~.!.~tLof .J:he .YeJlp'<:)~~!,'y Assignment of Wastewater Developer's Agreement from Residential ~Q....~iti~~L.QL~erica to C. WaYDe Atwood and Centex Real Estate Corporation. C. Approval and Authorization to Execute the Interlocal Agreement wit~ Orange County Regarding NPDES Part 2 KS4 Permit Application. D. Approval and Authorization to Execute Starke Lake Joint Venture Developer's Agreement for Water Service. E. Approval and Authorization to Execute Starke Lake Joint Venture Developer's Agreement for Sewer Service. F. Approval and Authorization to Execute Cont,ract with Professional Services Industries, Inc., Jaual &: Associates Division for an amount not-to-exceed. $10,000 for Professional Soils Engineerinq Services on the Effluent Disposal Site/Golf Course. COlllllissioner Johnson, seconded by Couissioner Combs, moved to approve the consent aqenda as presented, wljh the amendments noted b~Ms. Bea~er. Motion carried with unanimous vote in favor. """ COKKKNTS FROK CITIZElfS/PUBLIC There were no citizen comments at this time. '-' Page 2 Ocoee City co..ission Regular Keeting January 5, 1993 PUBLIC HEARING - 7:30 p... Special Exception - Case Bo. 2-29SE-92:Costantino. Planning Director Behrens read the staff report concerning this item and explained that this request involves the use of the vacant Piggly-Wiggly Supermarket building for an Indoor Retail Center (flea market) - Farmers Market in a C-2, Community Commercial District and he advised that staff recommends approval. Kr. Behrens noted that they would have to bring the parking area up to code. The public hearing was opened. The petitioner was not present, but Kr. Behrens advised that he was present at the Planning and Zoning Commission meeting. Kayor Vandergrift said he had spoken with merchants in that area and they are wishing for the building to be used. As there were no further comments or questions the public hearing was closed. Coaaissioner Foster, seconded by Co..issioner Johnson, moved to approve staff recommendation for the Special Exception in Case No. 2-29SE-92:Costantino as presented. On roll call CommISSiOner Combs voted "aye, ,,- Commiss"ioner-t-oster "aye," Commissioner Johnson "aye, ,,- Commissioner Woodson "aye," and Mayor. '-' Vandergrift "aye." Motion carried. Second Readings of Ordinances for CASE NO. 2-15AR-92: GUESS. (This item was rescheduled fro. December 16, 1992 (Ite. V H). Planning Director Behrens presented the staff report, noting that the annexation and initial zoning are consistent with the Comprehensive Plan and the Future Land Use Map and then he identified the parcel on the map as 9.9 acres located on the east side of Seventh Avenue at the eastern end of Moore Road. The City can currently provide urban services to this property if it is annexed. Kr. Behrens pointed out that the requested zoning change is from Orange County AG, Agricultural to City of Ocoee A-1, General Agricultural. The owners of the parcel are A. Lawrence Guess, Ann C. Guess, John D. Guess and Lynn F. Guess. Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-15AR-92:Guess: 1) Approve Ordinance No. 92-76, annexing the subject parcel, subject to the adoption of Ordinance No. 92-77, establishing an initial zoning for the subject parcel as requested by the applicant and further subject to the approval of an annexation agreement: 2) Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-76: and '-" 3) Approve Ordinance No. 92-77, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of '-' Page 3 Ocoee City Coaaission Regular Keeting January 5, 1993 approval for Ordinance No. 92-76 and find that all conditions subsequent to the adoption of Ordinance No. 92-76 have been fully satisfied. Ordinance Ho. 92-76, relating to annexation. This ordinance was presented by title only for the second reading and public hearing and City Attorney Rosenthal explained that the public hearing of this item was rescheduled from December 16 meeting due to a scrivener's error in the advertising. The public hearing was opened and John D. Guess, 6618 McCambel1 Cluster, Centreville, Virginia, co-owner with his wife and parents, requested approval of the annexation. Jim Taylor, 1725 Hempel Avenue, Gotha, representing the Gotha Chamber of Commerce, spoke in opposition. Bruce KcClendon, Orange County Planning Manager, objected to the annexation, noting that the County considers this parcel 1) not compact nor contiguous to the Ocoee city limits, 2) less than 10% of the whole area is contiguous to the existing boundaries, 3) the tract is located in the Orange County rural service area, 4) it already has adequate services for the expressed continued use of the property,S) not consistent with Ocoee's Comprehensive Plan or Orange County's Growth Management Plan. City Attorney Rosenthal said that the general discussion given at the meetings '-' held December 14, 15 and 16 regarding various legal issues regarding the properties in question, the annexation agreements, and their impact is also applicable to this property. In terms of the legal review, the determination is that there is a sufficient legal basis for this Commission to find that the property is compact and contiguous and meets all the statutory requirements. As there were no further comments or questions the public hearing was closed. Comaissioner Woodson, seconded by Coaaissioner Co.bs, moved to approve staff recommendation for Ordinance No. 92-76 as presented. On roll call Commissioner Combs voted "aye," Commissioner -Foster "aye," Commissioner Johnson "aye, " Commissioner Woodso~ '_~~ye,_n_a,~~__Mayor Vandergrift "aye." Motion carried. Annexation Agreement. City Attorney Rosenthal presented the annexation agreement and noted that the expiration date in Section 10 must be changed to January 15, 1993. Commissioner Woodson, seconded by Commissioner Coabs, moved to approve staff recommendation. Motion carrIed with unanimous vote in favor. ~ Ordinance Bo. 92-77, changing Zoning fro. Orange County AG, Agricultural to City of Ocoee A-1, General Agricultural. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and as there were no further comments or questions the public hearing was closed. Coaaissioner Woodson, seconded by Comaissioner Foster, moved to approve staff recommendation on Ordinance No. 92-77 as presented. OI?- rol~ can Commissioner Combs vot~d_ "a,ye," .CommiSSiOiier Foster '-" Page 4 Ocoee City Co..ission Regular Heeting January 5, 1993 ~'aye," Commiss~_oner__ ~ohnson . "a~_ Commissioner Woodson "aye," and Mayor Vandergrift "aye." Motion carried. OTHER BUSIlfESS Easeaent Agree.ents for Bew Wateraain, with Funds fro. Vater Fund Reserve for Contingency - to the Bank of Vest Orange in the aaount of $9,900., and to Hartle H. and Ruth H. Bowness in the aaount of $7,220.25. City Hanager Shapiro explained that as part of the M & M Utility issue both Orange Bank and Mr. Bowness had questions regarding the amount they should be charged and this settlement for the cost of the easement is considered as beneficial to both parties. City Attorney Rosenthal pointed out that the staff report omits Ruth M. Bowness's name in error and it should be included in the motion. Co..issioner Foster, seconded by Co..issioner Johnson, moved to authorize staff to proceed with the execution of the easement agreements with the Bank of West Orange and Hartle and Ruth M. Bowness for the sums stipulated in the agreements with the funds to be taken from the Water Fund Reserve for Contingency account. Motion carried with unanimous vote in favor. Orange County Challenge to Ocoee Annexations. City Attorney Rosenthal reported that, in connection with the various annexations approved in the meetings December 14, 15 and 16, Orange County Commission considered those annexations and their planning staff recommended to the County Commission that a number of the annexations be challenged. Hr. Rosenthal said '-" that, although County Commission would have preferred to wait until the two Commissions could first meet and discuss these before beginning litigation, there is a statutory provision which provides that any appeal must be filed within 30 days. In order to protect their position County Commission instructed their legal staff to proceed with the filing of a challenge to certain annexations. Those annexations include the following parcels: West, Barrett/Solomon, Russell, VanWormer, Center Lakes-East, Ravndal, Battaglia East, Lawrence, Baker and Blayer. Hr. Rosenthal recommended that a special meeting be scheduled in order to meet with Orange County Commissioners to discuss the proposed challenges to the City of Ocoee annexation ordinances, that meeting to be held in accordance with the requirements of Section 164.103, Florida Statutes. Hr. Rosenthal recommended the meeting be held January 25 at 7:00 p.m. Couissioner Colllbs, seconded by Couissioner Woodson, moved to schedule a special meeting which will be a joint meeting with OrangEL~01.,ln~yCommission on Monday, Januau 25 ~t 7:00 p.m. Motion carried with 4-1 vote in favor... .wi th Commissioner Johnson voffng no. Hr. Rosenthal pointed out that there are annexation hold harmless agreements with the property owners so that once litigation is filed the cost of that litigation is borne by the property owners, and that cost will be prorated by acreage. This is not to be a public hearing. City Hanager Shapiro said that the developers had asked for Commission' s feelings regarding going into this meeting as they will be paying the bill for litigation. ~ Co..issioner Johnson said he had voted against having the meeting, as Commission acted on legal advice and he will support Commission action. '-' Page 5 Ocoee City Co..ission Regular Reeting January 5, 1993 Co..issioner Foster said if the property owner has fulfilled the legal requirements for annexations, and it is in keeping with the City's Comprehensive Plan he will support the annexations. Co..issioner Coabs said the Commission has to respect the land owners and their rights and will support this Commission action. Co..issioner Woodson said that the Comprehensive Plan was followed as well as the law, and these people have a right to do with their land whatever they want. Rayor Vandergrift said the Commission is standing united, he feels the meeting will be good and he is looking forward to talking with them. Alison Yurko, Assistant County Attorney, advised that the Florida Statutes have presented a conundrum as the County needs to file a petition within 30 days according to F.S. 171 and F.S. 164 prohibits filing a lawsuit before 45 days following delivery of notice. They had thought that the filing of a stipulation would suffice, but have determined that a judge may not see things that way. County Commission has instructed legal staff to do what they have to do to preserve their legal rights without escalating the matter. Rs. Yurko apologized to Mr. Rosenthal for not communicating with him more fully. Fiscal Year 1992 Water and Wastewater Funds Financial Audits Prepared by ~ RcDirmit, Davis, Lauteria, and Company, P.A. Adainistrative Services Director Beaaer explained that the City is required to submit to Barnett Bank for the Bond Anticipation Notes on or before January 31 of each year the annual audit. There are no exceptions to the audit and Kelly Leary, C.P.A. with McDirmit, Davis, Lauteria, and Company, P.A., reviewed the audits. Rayor Vandergrift, seconded by Co..issioner Johnson, moved to approve and accept the Fiscal Year 1992 Water and Wastewater Funds Financial Audits prepared by McDirmit, Davis, Lauteria and Company, P.A. Motion carried with unanimous vote in favor. Resolution 93-01, relating to Lease for Pursuit Vehicles. City Attorney Rosenthal read the title of this resolution, approving an equipment lease/purchase agreement and designating it as a qualified tax-exempt obligation. Adainistrative Services Director Beamer explained the need for the vehicles and that this item was put out to bid. Rs. Beaaer asked Commission to award the three year lease for seven (7) pursuit vehicles at a cost of $32,578 per year paid in advance semi-annually to Don Reid Ford, to approve the form for the lease agreement and to authorize the Mayor and City Clerk to execute all necessary documents. Co..issioner Johnson said the motion should stipulate zero cost per mile over 30,000 miles. Rayor Vandergrift asked for comments from the audience as this was a competitive bid on this item. ~ R.P. Rohnacky, 1820 Prairie Lake Blvd., asked if a cost comparison had been made. Rs. Beaaer responded that it had been done. ~ Page 6 Ocoee City Coamission Regular Meeting January 5, 1993 CoaaissionerFoster, seconded by Coaaissioner Johnson, moved to ado~t Resolution 93-01 with the stipulation of unlimited mIleage. Motion carried WIth unanimous vote in favor. Chief Boyd announced that Mrs. Hilda Ems has been appointed chairman for the County Seniors And Lawmen Together (SALT) program. Mrs. .s said that Sgt. Fisher had asked her to represent Ocoee at these meetings which she has done for one and half years. She requested information regarding the needs in the community and noted that a survey conducted last year showed the number one concern was dogs running loose. IIrs. .s said the first meeting with the County will be Thursday and she listed additional meetings. Youth Recreational Addition - Agreeaent with C. T. Hsu for Architectural Services. Adainistrative Services Director Beaaer advised that $10,000 had been received last year from TeePee Lumber Company to help with the construction of the expansion of the Youth Recreational Center and an additional pledge from the West Orange Youth Organization to provide monies for the construction had been received as well. Ms. Beaaer said that before construction can begin sealed architectural drawings are required for public buildings and several architectural organizations were asked to submit. To date Mr. Hsu's bid is the only one received. Ms. Beaaer requested approval of the Agreement for Architectural Services with C. T. Hsu & Associates and authorization for the Mayor and City Clerk to execute, with $9,750 from the Recreational Impact Fees to be ~ used for this purpose. Coaaissioner Johnson, seconded by Coamissioner Combs, moved to approve staff recommendation as presented. Motion carried with unanimous vote in favor. Board Appointaents. Recreation Board (Terry Best resigned Dec. 1 - tera expires Oct.94). Coaaissioner Woodson, seconded by Coaaissioner Johnson, nominated Skip Davis to complete Terry Best's. term which expires October 1994. Motion carried with unanimous vote in favor. Planning , Zoning Coaaission. Coaaissioner Johnson, seconded by Coaaissioner Foster, moved to reappoint Louis Landefeld for another three year term as his term expires February 1993. Alternate No. 2 Position. Coaaissioner Woodson, seconded by Coaaissioner Coabs, nominated Robert M. McKey to serve as Alternate for a three year term to expire February 1996. Motion carried with unanimous vote in favor. '-' Withers-Maguire House Restoration Approval and Authorization to Execute the Cancellation of Work Order No. 7 to Yeilding , Provost for Withers-lIaquire House. Ms. Beaaer advised that this is a matter of convenience to cancel Work Order No. 7 in order to put Work Order No. 8 into effect which will accomplish more with the same investment. Coaaissioner Coabs, seconded by Coaaissioner Foster, moved to approve the cancellation of Work Order No. 7 and to authorize the Mayor '-' Page 7 Ocoee City Couission Regular Keeting January 5, 1993 and City Clerk to sian the letter of cancellation to Yeildina & Provost. Motion carried with unanimous vote in favor. Approval and Authorization to Execute the Assiguent of Yeilding , Provost Architectural Services Agree.ent Dated Roveaber 19, 1991 to Chal.ers Yeilding, Architect. Ks. Beaaer explained that the partnership has agreed that, as this job has more work for the architect than for the engineer, the partnership will no longer exist, and the assignment of the job to Chalmers Yeildina is in order. Couissioner Foster, seconded by Couissioner Coabs, moved to approve the assianment from Yeilding & Provost to Chalmers Yeilding, Architect and to authorize the Mayor and City Clerk to execute the assignment. Motion carried with unanimous vote in favor. - Approval and Authorization to Execute Work Order Ro. 8, Chalaers Yeilding, Architect for Withers-Kaguire House. Ks. Beaaer explained that once the outside of the Withers-Maguire house is completed there will be a greater possibility of getting funding for the inside if this additional work is done. Couissioner Coabs, seconded by Kayor Vandergrift, moved to approve Work Order No. 8 and to authorize the Mayor and City Clerk to execute. Motion carried with unanimous vote in favor. ~ Approval and Authorization to Execute Change Order Ro. 2 with Kitchell Building Contractors, Inc. for Withers-Kaguire House Restoration. Ks. Beaaer explained that this portion of the project has a completion date of April 16, 1993. Coaaissioner Foster, seconded by Coaaissioner Coabs, moved to approve Chanae Order No.2 in the amount of $19,763. to Mitchell Contractors, Inc. and to authorize the Mayor and City Clerk to execute. Motion carried with unanimous vote in favor. STAFF REPORTS Recreation Director Beech reported on the Christ.as Lighting contest and thanked those who put up decorations. Planning Director Behrens advised that Janet Resnik's term on the Bicycle Advisory Board has expired and he asked that she be reappointed. Kayor Vandergrift, seconded by Couissioner Woodson, moved to reappoint Ms. Resnik:fOr another term. Motion carried with unanimous vote in favor. '-'" COMMENTS FROM COMMISSIONERS Commissioner Woodson: ~- Asked City Engineer Shira to report about the basin on Springfield Drive. Mr. Shira reported that Centex Homes is putting clean fill in the north end in a couple of weeks to level it and then will clean out the growth. 2) Reported on the Shoot-out with Winter Garden officials and said he will be collecting the rest of Commissioners' contributions. 3) Reported receiving a letter from Senator Graham regarding the City's postal problems and asked for an update. Mayor Vandergrift asked for input and material from Commissioners as he had met with the new '-- Page 8 Ocoee City Co..ission Regular Keeting January 5, 1993 Postmaster and he seems to be in favor of cooperating with the City's needs. 4) Said he has had more complaints about the appearance of the cemetery due to the grass thrown on the tombstones by the mowers and the weeds around the monuments. City Kanager Shapiro said that he would discuss the care of the cemetery at the staff meeting Wednesday. 5) Said he felt that the Commission should have had an opportunity to vote on the janitorial service employed for the municipal buildings. Kr. Shapiro said that it was within his area of respon~jbiJjJ~L to deal with that without Commission input. Commissioner Combs: 1) Said he appreciated the Charter review session January 4 and thinks that kind of work session should be held more often as the exchange between the participants was helpful. 2) Said he had received a letter from Betty Ervine and he is still dealing with it. Coaaissioner Foster: No comments at this time other than to rattle paper for Clerk's benefit. '-' Coaaissioner Johnson: Asked what the survey crews were doing allover town. City Engineer Shira will find out. 2) 3) Vandergrift: Announced that those who would like to contribute information on the video to be placed in the Clarke Road time capsule should be present at 7:00 January 19. Said the opening of Clarke Road is still on schedule. Reported garbage is still in his neighborhood. City Kanger Shapiro said that the crews. are stil~ trying to catch up the back log from the holidays and next year a different schedule will be maintained. Kayor Vandergrift suggested that a letter to the County requesting more than the cur.1"ent limit of 6 dumps per day might be effective. Said that Mrs. Crosby on Lyman Street has a problem with the right-of-way and the trees that need to be cleaned after and asked about the City abandoning the right-of-way. Planning Director Behrens advised that his department has been working with Mrs. Crosby and her problem for 2 years. He advised that there is a request form and fee of $500 involved if she requests abandonment. Kayor 1) 4) ADJOUlUDlDT The meeting adjourned at 9:50 p.m. Approved: CI 0 OCOEE ~,~ ,.. .~