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HomeMy WebLinkAbout03-16-93 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR '-' MEETING HELD March 16, 1993 The regular meeting of the City of Ocoee Board of City Commissioners was called to order at 7:30 p.m. by Mayor Vandergrift in the commission chambers. Richard Johnson, Pastor of Harvest Church of God, led in the prayer and Commissioner Foster 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, City Engineer/Utilities Director Shira, Planning Director Behrens, Planner Resnik, Building Official Flippen, and City Clerk Grafton. ABSENT: None PRESENT A TIONS AND PROCLAMATIONS Mayor Vandergrift read Proclamation-LAW DAY U.S.A.- May 1, 1993. CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, F, and G. Commissioner Woodson commented that, on items Band C, it appeared that Mitchell Building Contractors had made a special effort to use up all the money available for this project. Administrative Services Director Beamer explained that they had given a very good price for this, which was for services over and above the original bid and was work that needed to be done, and also that it was appropriate to use all of the grant money that had been awarded for this purpose. Commissioner Combs said that he agreed with City Engineer Shira's presentation in item G, but that he wondered what the Water Repair and Renewal Account is. City Manager Shapiro explained that the account was set up to guarantee to bond holders that we are keeping the facilities in good repair. Commissioner Combs. seconded bv Commissioner Woodson. moved to aoorove and acceot the consent ae:enda as oresented. Motion carried with unanimous vote in favor. '-' A. B. C. D. E. ~ F. Acceptance and Approval of Minutes of Rel:U1ar Commission Meeting of March 2. 1993. Approval and Authorization for Mayor to Execute Chana:e Order #3. in the Amount of $939.00 to Mitchell Building Contractors. Inc. for Withers-Maguire House. Acceptance of Work as Performed and Completed by Mitchell Buildina: Contractors. Inc. and Authorization for Mayor and City Clerk to Execute the Certificate of Substantial Completion. Approval and Acceptance of. and Authorization for Mayor and City Clerk to Execute. Developer's A~eement for Water Service Transferrina: Water Capacity from Gulfstream Housing Corporation to Temple Grove Estates Joint Venture. Approval and Authorization for Mayor to Execute Soverei~ Submereed Lands Easement DNR Dreda:e Permit - Oaks at Starke Lake Subdivision. Approval and Authorization for Use of $7.458.00 of Forfeiture Funds to Purchase Replacement Firearms. '-'" ~ ~ Ocoee City Commission Regular Meeting March 16, 1993 Page 2 G. Approval and Authorization of Expenditure of an Additional $11.039.62 from Water Repair and Renewal Account to Pay for Repair of Water Well at Jamela Water Plant. COMMENTS FROM CITIZENS/PUBLIC Jim Gleason, 856 Hammock Drive, addressed Commission about the impression created by the actions taken during recent meetings regarding the appointment of the Mayor's designee to the Recreation Advisory Board, and various statements made by Mayor Vandergrift concerning other topics. Mr. Gleason asked Mayor Vandergrift to change his ways or step down. Michael Miciek, 825 Veronica Circle, presented a program entitled "Project Economic Turnaround" to Commission and asked for a proclamation in his favor. There was no action taken at this time. PUBLIC HEARINGS Albertson's Shopping Center - Preliminary Subdivision Plan The public hearing was opened. Planning Director Behrens read the staff report, and listed the waivers requested by the Developer: 1) Article V, Table 5-2: Reduce the east side yard of Lot 2 from 10' to zero feet and the west rear yard of Lot 1 from 20' to zero feet. Article 6-10 I (3). Allow Lots 1 and 2 to meet code as a contiguous land mass in lieu of separately. Also, allow the building set back to be zero feet on the joint property line between Lots 1 and 2. Article 5-8 (B). Reduce buffer width from 25' required to a minimum 20' width to allow driveway to align with future drive on south side of State Road 438. 6' brick wall and additional landscaping to be provided in 20' buffer. Allow project signage to be constructed in accordance with detail provided hereon. Two pylon signs to be constructed, one on Lot 1 and one on Lot 2, at the locations designated on this plan. Allow easterly access driveway connection to be constructed at the location shown on this plan thus amending the Zorn Silver Glen Developer's Agreement dated December 17, 1991. Article IV, 4-5 (M)(3). Reduce 50' front setback on Lots 1 and 3 to 40' at locations as designated on this plan. 2) 3) 4) 5) 6) Mr. Behrens pointed out that, although the Planning and Zoning Commission recommended approval of the plan as presented except for the requested waiver to reduce the front setback from 50 feet to 40 feet on Lot 3, Staff recommendation was for approval of the Preliminary Plans for Albertsons Shopping Center with all requested waivers. subiect to the dedication to the '- Ocoee City Commission Regular Meeting March 16, 1993 Page 3 Citv of a 20' right-of-way that lies between the existing Silver Star Road right-of-way and the Zom Property. prior to the Final Engineering Plan approval. At one point during this presentation, Mayor Vandergrift left the table for three minutes after handing the gavel to Mayor pro tern Johnson. Commissioner Combs stated for the record that he and his firm are in contract with this company but not on this job. Following some discussion regarding the material in the presentation, Mr. Frank Cannon, CS Associates, spoke briefly about the plan and said that they have firm leases with tenants. The public hearing was closed. Commissioner Johnson reemphasized the need for trees and irrigation in the development. Mr. Neal Hanson agreed to construct a 6' wall around the full perimeter of the property. '-' Mayor Vandergrift said that the existing trees should be moved someplace for City use, but that it would be too expensive for the City to do it. Commissioner Combs seconded bv Commissioner Johnson moved to approve staff recommendation for Albertson's Shopping Center Preminimarv Plans with all 6 waivers. Vote was unanimous in favor. Ordinance No. 93-02, relating to Appointment of Members to the Parks and Recreation Advisory Board. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened, and as no one wished to speak, the public hearing was closed. Commissioner Combs seconded bv Commissioner Johnson moved to approve Ordinance No. 93-02 as presented. The vote on this Ordinance is recorded at the end of the discussion. Mayor Vandergrift, seconded by Commissioner Woodson, moved to amend the motion as regards item B in the Ordinance by extending the number of members to fifteen. On roll call vote Commissioner Combs voted "no," Commissioner Foster "no," Commissioner Johnson "no," Commissioner Woodson "aye," ane Mayor Vandergrift "aye." Amendment did not carry. '-'" Mayor Vandergrift, referring to item 4 B 1 of the Ordinance, said that he still has not received a clear reading on whether attendance at those meetings is violating the Sunshine Law, but that he took himself off the Recreation Board so that other members of the Commission could attend. He said he felt that it would be more appropriate not to have a Commission member appointed '-' Ocoee City Commission Regular Meeting March 16, 1993 Page 4 for that reason. Commissioner Johnson responded that it was not that Commission members cannot attend, but rather that they cannot discuss City business at any gathering other than a properly advertised and noticed meeting. City Manager Shapiro said that all board meetings should be advertised, posted and recorded so that Commission members can attend if they wish with no problem. This would also cover the requirements should the City wish to apply for certain grants. It was at this point that the roll call vote was taken for Ordinance 93-02: Commissioner Combs voted "ave." Commissioner Foster "ave." Commissioner Johnson "ave." Commissioner Woodson "ave." and Mavor Vandenrrift "ave. " Commissioner Johnson. seconded bv Commissioner Combs. moved to appoint Commissioner Foster as ex officio member to the Recreation Advisory Board. Motion carried with unanimous vote in favor. RECESS 8:55 P.M. - 9:05 P.M. OTHER BUSINESS "--' Discussion re: Moving from City Hall. Administrative Services Director Beamer reported that the architect will be present on April 6 to talk about the construction plans and also about the modular unit. Ms. Beamer said that there will be a new telephone system. After a brief discussion Commissioner Foster. seconded bv Commissioner Combs. moved to (1) approve the use of the 60' x 48' modular unit from Diamond Engineered Space. Inc.. the telephone switchboard svstem from Orlando Business Telephone Svstems. Inc.. and the electrical and computer cabling from Computer Power Svstems and (2) authorize the transfer from Contingencv (at mid-vear) of $58.000.00 to the various account lines. Motion carried with unanimous vote in favor. '--' Golf Course Update. Administrative Services Director Beamer advised that, although Riverbend Golf Group, Inc. had been granted additional time up to March 1, 1993 in order to meet certain pre-development obligations, due to an on-site review and additional information required by FDER, staff recommends an additional time extension to June 1, 1993. Mr. Ken Ezell reported that, due to changes in the way the irrigation system is operated, they have resubmitted the DER Stormwater permit, as well as the plans and specifications for DRC final review with staff scheduled for March 30, and will be coming back before Commission on April 20. He still expects to be operational in time for the January 1 opening. Mr. Ezell introduced Edward Meyer, Director of ULP Associates, Wayne Rich, Employee Equities, and Richard McDonald, Sr. Vice President with Westinghouse Credit Corporation, who are listed as some of the guarantors, and said they were ready to answer any questions. ~ Ocoee City Commission Regular Meeting March 16, 1993 Page 5 Commissioner Johnson said that he noticed that the papers refer to "Forest Lake Golf Club" and that this Commission prefers that the name of the course should include "Ocoee" in some manner, such as "Ocoee Public Golf Course." There was general agreement with this opinion. Commissioner Combs said that he found many phrases in the agreement that appeared to be "outs" for Riverbend, and he asked ifthis contract overrides the City's contract with Riverbend. City Attorney Rosenthal replied that it does not. City Manager Shapiro said that the Commission must not lose sight of the fact that the golf course was started in order to have a place to spread the effluent and that the timing is important, as the golf course must be prepared in time to accept the effluent. The main concern is not whether they make a lot of money, but rather that they operate at a level to accept the effluent. Administrative Services Director Beamer advised that the negotiated ground lease agreement must be in place before June 1, and that the pre-development portion of the lease should be close to completion. '--' Mayor Vandergrift asked about the time frame for the irrigation system, if it can be met and whether there is a contingency backup. The Staff response was that the schedule can be met and there is a contingency backup, but that there would be a problem if a major developer came in to plan for future capacity. Commissioner Woodson. seconded bv Commissioner Combs. moved to extend the time in which the Citv and Riverbend Golf GrouP. Inc. must meet certain pre-development obligations until June 1. 1993 as provided in the Second Amendment. and authorize the Mavor and Citv Clerk to execute. Motion carried with unanimous vote in favor. Discussion re: Personnel Board. City Manager Shapiro presented a slate of members who met the criteria of the Charter required Personnel Board, some of whom had been suggested by Commission members. After a brief discussion, Commissioner Combs. seconded bv Commissioner Woodson. moved to appoint the following to serve: Jean Grafton from management. Deborah Bertling as general emplovee. John Resnik and Betty Hager as citizens at large. and Commissioner Johnson. Motion carried with unanimous vote in favor. Appointment to Recreation Board - Mr. Breland resigned. This item was completed immediately following the second reading of Ordinance 93-02 above. Commissioner Foster was appointed to serve in this position. '- '-" Ocoee City Commission Regular Meeting March 16, 1993 Page 6 First Reading of Ordinance No. 93-03, repealing Chapter 57 of the Code of Ordinances which provides for security standards for convenience businesses. Second Reading and Public Hearing will be held April 6, 1993 at 7:30 p.m. This Ordinance was presented by title for the first reading, and the announcement was made regarding the time and date of the second reading and public hearing. City Manager Shapiro explained that this Ordinance has been superceded by state statute and that a copy of that statute would be provided in the packets for the second reading. STAFF REPORTS There were no staff reports at this time. '-" COMMENTS FROM COMMISSIONERS Commissioner Woodson: 1) Please do something about holes in Lee Street as drivers are going onto residents' yards to avoid them. City Manager Shapiro said we cannot solve the drainage problem but can deal with the road. 2) If Sawmill Blvd. belongs to the City can it be striped? 3) Complimented staff for copying on both sides of the paper in preparing the packet for this meeting. Commissioner Combs: 1) Announced meeting for trailer parks residents on Saturday at 1 :00 p.m. at the community center. (Woodson and Johnson cannot be present.) 2) Thanked Little League for the invitation to take part in the parade. Said we need more fields for teams as they had to turn away players. 3) Thanked Brenner for picking up trash cans that were blowing in the wind, even though they were out of his territory. 4) Said he had a sneak preview of the new police cars. 5) Announced West Orange WalkAmerica is April 17. 6) Said Mt. Dora needs help as the people there are devastated. Asked if we have funds as well as the plans for survival if such a catastrophe hits the City of Ocoee. COMMISSIONER WOODSON ASKED THAT WHOEVER TOOK THE SHRUBBERY FROM CLARKE ROAD TO PLEASE BRING IT BACK. '-' Commissioner Johnson: 1) Said there are no speed limit signs or safety signs for kids in Amber Ridge. 2) Cannot be present at trailer parks meeting Saturday as he will be working. 3) Advised that a tree blew over on a fence on Clarke Road. 4) Expressed appreciation for having served the Recreation Board for 7 years and said he knows that Commissioner Foster will enjoy it. ~ Ocoee City Commission Regular Meeting March 16, 1993 Page 7 5) Asked City Manager to investigate with bond counsel re:Michael Miciek's plan. Commissioner Foster: 1) Advised for Code Enforcement that 650 S. Bluford A venue is an abandoned auto repair and has large stack of used tires behind the building. 2) Also at Little Spring Hill/Caballero Rd. there is a flat bed trailer with flat tires that is loaded with garbage. 3) Is walking for Habitat for Humanity on April 3 at 8:00 a.m. beginning at Oakland Presbyterian Church and they are looking for a parcel on which to build a house. ~ Mayor Vander~rift: 1) Complimented Police Department for apprehending the bank robber. 2) Announced that in 15-30 days the commission meetings will be professionally televised by CVI and the school group who covered the joint meeting with Orange County Commission. 3) Proposed an emergency ordinance requiring nails instead of staples in roofs. City Manaa:er Shapiro said he has no argument with the use of nails. but should give staff an opportunity to review the issue. Mayor Vandergrift wants to put together another committee to investigate the matter of building materials used. Mayor Vandergrift had invited several people to speak as witnesses in support of the need for this ordinance: Sam Jones, sub-contract roofer, who described roofing nails and staples and explained the purposes and effectiveness of each; Fred Heatley, 1095 Hawthorne Cove Drive, who had lost shingles in the recent high winds; and Janice Wilson, who could not understand why there was hesitation to procede with the ordinance immediately. ADJOURNMENT The meeting adjourned at 10:40 p.m. APPROVED: City of Ocoee \r