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HomeMy WebLinkAbout03-15-94 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSION '-' REGULAR MEETING HELD March 15, 1994 CALL TO ORDER Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to order at 7:30 p.m. in the commission chambers. The opening prayer was led by Commissioner Foster. Mrs. Hilda Ems, Orange County Chairperson for the Seniors and Law Enforcement Agents Together, led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Public Works Director Brenner, Building and Zoning Official Flippen, Concurrency Analyst Resnik, City Engineer/Utilities Director Shira, Planning Director Wagner, City Clerk Grafton, and Clerk/Stenographer Lewis. ABSENT: None PRESENTATIONS AND PROCLAMATIONS - Mayor Vandergrift read a Proclamation proclaiming Days of Remembrance - Yom Hashoah for April 10, 1994 in the City of Ocoee. ~ Sam Woodson, representing the Ocoee Lions Club, presented the 1 st Place ribbon and the President's Trophy won for the Ocoee booth at the Central Florida Fair. He introduced long standing Lions Hartle Bowness, Edwin Pounds, Ben Griffin, and Commissioner Rusty Johnson and expressed appreciation for their years of service with the Lions. Mayor Vandergrift thanked the Lions for the many volunteer hours that had gone into the project and thanked them for once again bringing home the first place trophy. Mayor Vandergrift introduced Bill Nice and Nick Jones and said they deserved special recognition for their honesty in turning in a lost wallet with the money and credit cards untouched. He also introduced Bill's mother, Karen Nice. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, F, G., and H. (Item E was omitted from the agenda.) Commissioner Gleason asked who the Chairman and Vice Chairman were on the Planning and Zoning Commission referred to in item G and Planning Director Wagner advised that Mr. Harold Switzer and Mrs. Pat Bond hold those positions. Mavor Vanderl!l'ift. seconded by Commissioner Gleason. moved to aoorove and acceot the consent agenda as oresented. Motion carried 5-0. A. Acceptance and Approval of Minutes of Ree:ular Commission Meetine of March 1. 1994. \w- Ocoee City Commission Regular Meeting ~ March 15, 1994 B. Approval and Authorization for Mayor and City Clerk to Execute the necessary documents for a One-Year Extension of the Auditin~ Services Contract with McDirmitt. Davis. Lauteria and Companv. P .A. C. Approval and Consent to Modification of Leasehold Morte:a2e of Forest Lake Golf Club. Ltd. ("Forest Lake") to First Union. D. Approval and Acceptance of Ocoee Industrial Park - Final En~neerin~ Plan. E. This space left blank intentionally. F. Approval of the Dates Established for Public Hearines for DRI for Lake Lotta Mall and Lake Lotta Center. G. Appointment of Plannin2 and Zonin~ Chairman and Vice Chairman to serve on Plannin2 Advisory Council. H. Approval and Authorization for Transfers Amountin~ to $5046. from Wastewater Contin2ency re: M&M Property Park and Wastewater Plant No.1 Site. '-" COMMENTS FROM CITIZENS/PUBLIC Todd D. Whitlock, 2706 Estep Court, Orlando 32818, representing parents in the Richfield, Carriage Oaks, Coventry, Parkside, Hidden Glen, and Johio Bay subdivisions, said the Orange County School Board was considering school boundary changes which would require busing their students out of Ocoee to attend school. The homeowners and parents were petitioning the School Board to keep Ocoee students in Ocoee schools and asked Commission to adopt a resolution supporting the community school concept. Beverly Alcorn, 1415 Carriage Oaks Court, said, with the change proposed by the School Board, middle school students from their neighborhood would be assigned to a school in Pine Hills while school buses would travel through their neighborhood to transport children from Sawmill to Ocoee Middle School. The progression of students from school to school together, a "feeder-pattern," has been found to be socially less stressful for students entering the difficult middle school years. The parents want their children to grow up with a sense of belonging and pride in their growing community. Mayor Vandergrift said a statement of support should be sent to the Orange County School Board to address the "feeder-pattern" system in the community school concept. Commissioner Gleason agreed with Mayor Vandergrift and pointed out that the Violence Free Month of March is an effort for the City to bring attention to our children, our community, and what is going wrong with the values of society today. Commissioner Gleason. seconded bv Mavor Vandere:rift. moved to send a request to the County School Board to consider the oarent's request for reconsideration to maintain community schools on Aoril 12. No action was taken on this motion. '-" 2 Ocoee City Commission Regular Meeting "-' March 15, 1994 '-' '-' City Manager Shapiro suggested that a resolution would be appropriate. Mavor Vandere:rift. seconded bv Commissioner Gleason. moved to direct Attornev Rosenthal to draft a resolution in support of maintaining the community school conceot. Motion carried 5-0. The resolution was drafted as directed and presented to Commission immediately following the recess taken at 8:30 p.m., but appears here for the sake of clarity. Resolution 94-06, A Resolution to the Orange County School Board regarding Community Schools was presented by City Attorney Rosenthal in its entirety. Commissioner Gleason. seconded bv Commissioner Combs. moved to adoot Resolution 94-06 in suooort of the citizens of Ocoee olea to Orange County School Board to maintain community schools. Motion carried 5-0. City Clerk was directed to provide a copy for each Commissioner and to send an original to Orange County School Board. PUBLIC HEARINGS ORDINANCE NO. 94-03, REPEALING CHAPTER IX, CONCURRENCY MANAGEMENT AND ADOPTING NEW CHAPTER IX, CONCURRENCY MANAGEMENT FOR LAND DEVELOPMENT CODE. Ordinance No. 94-03, Repealing Chapter IX, Concurrency Management and Adopting New Chapter IX, Concurrency Management For Land Development Code, was presented by title only for the first reading and public hearing. Attorney Rosenthal said this is an amendment to the Land Development Code for which the Florida Statute requires two public hearings. Concurrency Analyst Resnik explained that the changes were for clarification purposes, as the Ordinance was assembled two years ago from a model code and Staff has proposed changes for the concurrency management system in order to operate more efficiently and effectively. Four major changes to the initial concurrency legislation at the State level should be incorporated in the City system, as follows: 1) Allow for greater flexibility on timing of parks and transportation improvements. Parks may be dedicated up to one (1) year from the issuance of a Certificate of Occupancy. Transportation facilities may be in place or under construction up to three (3) years from the issuance of a Certificate of Occupancy. These future improvements will be either a part of the Capital Improvements Plan of the City or guaranteed through Developer's Agreement. 2) Allow for a more realistic picture of existing roadway conditions by counting only existing traffic and traffic from projects that have been issued a Final Certificate of Concurrency on building permit. This would mean that vested developments would not be counted for concurrency purposes until they are issued permits. 3) Provide developers the option of obtaining Final Certificates of Concurrency and Transportation Capacity Reservation Certificates once preliminary plans have been approved. This would reduce the up front risks for the developers and enable them to secure the necessary approvals to obtain financing for their projects. It would enable the 3 Ocoee City Commission Regular Meeting '-' March 15, 1994 City to receive funds for capacity at an earlier time period, which would help in the planning for infrastructure improvements. 4) Close a loophole in the current Article IX which permits developers to continuously renew transportation reservations for 90-day periods simply by applying for new Final Certificates of Concurrency at $100 per certificate. The proposed change would allow only one 90-day renewal, after which a developer would have to lock in the reservation by obtaining a transportation capacity reservation certificate. This would force the payment of a certain portion of road impact fees up front. City Manager Shapiro said the amendments are the result of the ELMS Commission that had met because of IX-J-5 and the Concurrency Statute. The State felt there had been errors that Cities must address and initiate the changes to balance the economic responsibility. The public hearing was opened and no one wished to speak. The public hearing was closed. No action was taken. Mayor Vandergrift announced the date and time of the second public hearing for this item. '-" RESOLUTION NO. 94-04, VACATING PORTIONS OF JACKSON STREET AND GENEVA STREET. Resolution No. 94-04, vacating portions of Jackson Street and Geneva Street, was presented by title only. Planning Director Wagner explained that this was the vacation of two abandoned and unimproved road rights-of-way that the Commission had already reviewed under the Shoal Creek Subdivision, and that this step was part of the already approved agreement with the developer. Mr. Wagner advised that the required mailed notices to the property owners within 300 feet of the project were late going out and he asked that the public hearing be opened as scheduled and then continued after comments from those who wished to speak had been heard. The public hearing was opened. Mayor Vandergrift asked if this affected the long range plans for California and Chicago A venues which lie between two subdivisions in the County. Planning Director Wagner said the subdivision had come to the City to look in depth at which roads to keep or improve and it had been determined that this subdivision provides adequate east-west traffic network and east-west access across the subdivision. There were no citizen comments made at this time. Mavor Vandere:rift. seconded by Commissioner Foster. moved to continue the oublic hearing to the Aoril 5. 1994 at 7:30 O.m. in the commission chambers. Motion carried 5-0. OTHER BUSINESS CHANGE ORDER NO.8, CITY HALL - MUCK REMOVAL. Administrative Services Director Beamer said this was consideration of Change Order No.8, relating to construction, instead of Change Order No.9 as listed on the agenda. This includes ~ 4 Ocoee City Commission Regular Meeting ~, March 15,1994 the addendum for the surveying done and the amount of muck that had been found underneath the area location of the new city hall. When controversy between the contractor and staff reached an impasse following the determination that sample boring and analysis had been incorrect, Professional Engineering Consultants were brought in for additional surveying, boring and analysis as a reasonable compromise as opposed to litigation. Ms. Beamer pointed out that in the final document to be signed there was a difference in the wording which shows a more specific location than the quadrant language used in the copy distributed to Commission in the packet. That portion was changed to "the northeast and the east half" of the City Hall project to encompass all of the muck removed. '-" Ms. Beamer advised that the second issue of the reconciliation occurred after awarding the contract. It was agreed that Huber would get the contractor and the City would pay for all surveying services. The contractor wanted Professional Engineering Consultants to continue as it had been involved and best knew the land. There had been excessive "down time" due to the process of the removal by the survey crews. Follow-up substantiation on the survey points created time-consuming correspondences. The contractor and architect have executed the Change Order which releases all other claims for consideration of muck removal. Ms. Beamer pointed out that the March 11, 1994 memorandum lists all the various changes that have occurred to date. There followed a discussion of the expenditures, during which Commissioner Johnson expressed concerns over the communication conduit and dumpster fees and Commissioner Gleason commended Ms. Beamer on doing a good job and for saving the City funds. Commissioner Foster. seconded by Commissioner Johnson. moved to (1) accept the negotiated settlement with Huber Design and Construction. Inc. for all additional costs associated with muck removal of $50.000 and 28 day time extension to May 20. 1994. (2) authorize the Mayor to execute change order number 8(Huber Design and Construction. Inc.). (3) aoorove the settlement with Professional Engineering Consultants. Inc. for $22.500. for surveying and analysis. (4) authorize the Mayor and City Clerk to execute Addendum 94-01 (Professional Engineering Consultants. Inc.). and (5) confirm all other exoenditures as listed in the staff reoort. Motion carried 5-0. CONTINGENCY (JULY 20. 1993) CHANGE ORDERS 2-6, HUBER L J NODARSE PEC - ROADWAY REALIGNMENT AND SEVERAL ADDITIONAL CIVIL TASKS FLORIDA POWER CORPORATION (COMMISSION APPROVAL MARCH 01. 1994) MISCELLANEOUS PEC - SURVEYING & ANALYSIS HUBER - CHANGE ORDER 7 HUBER - CHANGE ORDER 8 BALANCE $345.334.00 ( 26.872.00) ( 3,715.00) 00,000.00) ( 2.418.00) 05.000.00) (22.500.00) ( 3.978.00) (50,000,00) $210.851.00 "-' 5 Ocoee City Commission Regular Meeting '-' March 15, 1994 RECESS 8:30 p.m. - 8:45 p.m. It was at this point in the meeting that Resolution No. 94-06, in support of the citizens' request to Orange County to consider maintaining the community school concept, was presented and approved. See page 3 of these minutes. AUDIO VISUAL/VIDEO PRESENTATION SYSTEM for CITY COMMISSION CHAMBERS. Administrative Services Director Beamer explained that in reviewing the general design of the new chambers the Commission had requested a system where everyone could see and hear. Ms. Beamer introduced Mr. Ron Suttle, General Projection System, who explained the communication system designed for Ocoee was equal in quality to the Pentagon but it was on a smaller scale with expansion design as the City grows. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, expressed concern over cost of the communication system. Mayor Vandergrift said it was important to be able to take the information to the citizens. Commissioner Combs. seconded by Commissioner Gleason. moved to aoorove the award of the audio visual/video oresentation system for Commission Chambers to General Proiect Systems in the amount of $57.675 with the terms and conditions '-" as outlined in their letter dated March 10. 1994 attached to the staff report. Motion carried 5-0. GENERIC ORDINANCE ON SIDING. City Attorney Rosenthal said pursuant to the Commission request he had met with City Manager Shapiro and Building and Zoning Official Flippen to review the situation of siding. He said it is their opinion at this time that the City is not in a position to lawfully adopt a generic ordinance which bans specific types of siding materials without also prohibiting materials they would prefer to have used. Attorney Rosenthal said Mr. Flippen is doing an inquiry as this may be a wide spread problem throughout the State. Building and Zoning Official Flippen said he had sent the inquiries but to date had received no responses. Commissioner Gleason said this was one issue that was very frustrating. While the law protects the product, the evidence seems to dictate otherwise and he felt confined and restrained. Commissioner Foster. seconded bv Commissioner Combs. moved to table the item and direct Buildine: and Zonine: Official Fliooen to continue activelv seeking a solution to this oroblem. Motion carried 5-0. RESOLUTION NO. 94-05, RELATING TO MAINTENANCE AGREEMENT WITH F.D.O.T. Resolution No. 94-05, relating to Maintenance Agreement with F.D.O.T., was presented by title only. Commissioner Foster asked the location of the mileage increase of 1.034 miles. Public Works Director Brenner said this was lane miles and the amount of the passing lanes, turn lanes, etc. Mayor Vandergrift asked if there is any consideration to trading Bowness Road ......... 6 Ocoee City Commission Regular Meeting '-" March 15, 1994 '-' '-" for Bluford Avenue. City Manager Shapiro said there had been discussion on this. He and City Engineer Shira had been to the F. D .0. T. in Deland to discuss this along with a schedule on the Kissimmee intersection improvements. Citizen R. P. Mohnacky asked if the State is paying for this. City Manager Shapiro said the State had a certain standard and to make the citizens happy with the sides of the roads the City maintains them. The plus side is that the City receives the money the State would spend as if the State maintained it but that is all the City gets. Mavor Vanderl!l'ift. seconded bv Commissioner Johnson. moved to adoot Resolution 94-05. aooroving the one (1) year maintenance agreement with the Florida Deoartment of Transoortation. and authorize the Mayor and Citv Clerk to execute the same. Motion carried 5-0. ELECTION ISSUES. City Attorney Rosenthal said the City Charter requires that the regular municipal elections be held on November 8 and November 22. While this is a Charter provision, State Statute 101.75 provides cities some flexibility in that cities may move their elections either before or after the established dates up to 30 days if the voting equipment is not available to them. Notwithstanding the Charter provision, the Orange County Supervisor of Elections has told cities they can no longer combine their elections with state or county elections. Another state statute requires that, in a County with over 260,000 population, which includes Ocoee, municipalities must use the voting machines and devices used in the County in all elections; however, there is no statute requiring the Supervisor of Elections to make her equipment available. He said there are negotiations underway toward a solution. Attorney Rosenthal explained several options and suggested that the City could make plans to conduct municipal elections this year on November 29 with a runoff if necessary on December 13. The City would not have to change the Charter since the new dates are less than 30 days apart from the old dates. Commissioner Gleason. seconded by Commissioner Johnson. moved to direct City Attornev to draw uo the aoorooriate ordinance to set the election date for 1994 on November 29 with a runoff on December 13 if necessarv. in order to receive assistance from the Suoervisor of Elections. such ordinance to address Qualifying dates and the terms of office of incumbent elected officials. Motion carried 5-0. AWARD OF BID FOR WATER SERVICE REPLACEMENT PROGRAM. City Engineer/Utilities Director Shira explained two bids received by the City had a cost difference of only $3.00 per location. The low bidder, Lake Sumter, had not completed the Bid Bond and should be rejected as non-compliant. Commissioner Combs. seconded by Commissioner Johnson. moved to accent the bid submitted by Morris Contract Services. Inc. in the amount of $298.00 oer location. not to exceed $16.390.00. and authorize the Mayor and Citv Clerk to execute the agreement. Motion carried 5-0. 7 Ocoee City Commission Regular Meeting '-' March 15, 1994 STAFF REPORTS There were no staff reports at this time. '-' COMMENTS FROM COMMISSIONERS Commissioner Gleason: 1) Referring to the results of the recent poll taken by the Post Office regarding the change in mailing addresses for those areas recently annexed into the City of Ocoee but still required to have a mailing address other than Ocoee, Commissioner Gleason said the City had received some complaints from citizens who had preferred to not make the change. He pointed out that each of those neighborhoods had been given an opportunity to vote and the Post Office had taken the decision of the majority. He also wished that the majority of the residents in Saw Mill Subdivision had been interested in making the change. 2) Thanked Public Works Director Ray Brenner for Ocoee Elementary Principal Nora Gledich and Assistant Principal Mary Hopper for the immediate response to their request for crossing stripes for the school children on Orlando A venue, and he asked if the grass and weeds on the property fence lines could be trimmed on the property owned by Mr. West. 3) Pointed out concerns involving Park Side: (a) The basketball hoop is gone. It appears a plastic backboard had been broken by someone attempting to hang on to the rim. (b) The water spigot is gone. He asked if the water was potable. City Manaa:er Shapiro and Public Works Director Brenner said there was no irrigation and it is City water. 4) Thanked City Engineer Shira for cleaning the site at the wastewater plant off Jackson Street. 5) Congratulated Sam Woodson and the Lions Club for the prize winning booth at the Fair. Commissioner Combs: 1) Thanked the staff in their assistance with a neighbor's problem with a cable in their yard. 2) Congratulated Betty Goble for the successful neighborhood watch "block party" Saturday, March 12, 1994, 10:00 A.M. - 2:00 P.M. at the ball field on Little Spring Hill Road. 3) Announced the Founders Day Meeting at 7:00 p.m., March 17, 1994 to be held at the Ocoee Woman's Club. City Mana~er Shapiro pointed out that there are meeting conflicts on this date. He said Dr Terry . Florida State University. has been scheduled for the Districting Commission meeting the same evening at 7: 30 p. m. and the testimony of the Commissioners might be important. especially to those wanting the District lines moved. ~ 8 Ocoee City Commission Regular Meeting '-' March 15, 1994 ~ ...... 4) Expressed his appreciation to Public Works Director Brenner for the storm drainage work on White Road. 5) Announced there will be a good cook-out on Friday, March 18, honoring Finance Director Ivan Poston who is retiring. Commissioner Foster: 1) Said on March 1, 1994 a committee representing the Historical Commission consisting of Alice Bass, Ruth Grafton, Betty Ervine (Chairman), Harold and Elizabeth Maguire, Administrative Services Director Beamer and himself, had traveled to Tallahassee in hopes of obtaining additional funding for the Withers-Maguire House. Commissioner Foster introduced Ms. Ruth Grafton and asked if she would express the activities of the committee. Ms. Grafton said it had been a very successful trip. Commissioner Foster said Mayor Vandergrift had joined the Committee on March 2. He had not received the results but was optimistic of the outcome. Commissioner Johnson: 1) Said he had received complaints about the paving project off of Ridgefield Avenue and it looked as if someone had driven over wet tar and left marks in the paving. He said Simpson had asked him about it and he had said it would be looked into. He also said this would not be allowed to happen on the south side of town. Public Works Director Brenner said he will meet with the person who was responsible for the paving proiect the next morning. 2) He had met with the homeowners of Amber Ridge with concerns of mildew and mold coming through the wall and asked if the same thing could be done about mold as had been done with the siding issue. City Mana~er Shapiro said this problem has a relationship with the use of air conditioning. Commissioner Johnson asked that the problem is looked into before he goes up on March 30th to meet with those citizens. 3) Announced the Local Citizens Police Advisory Board will meet at 7:30 p.m., Thursday, March 17. 4) Said that Mr. Stearns had resigned from the Citizens Police Advisory Board and the Commission will need to select someone to serve in his place at the next Commission meeting. 5) Thanked the staff for doing a great job. Mayor Vandererift: 1) Said the City was seeing a busy season in sports with the Girls softball tournament (150 teams over the U.S. and foreign countries) from 8:30 a.m. to early evening, six to seven days a week and Little League everywhere. 2) Thanked Commissioner Foster for his representation and support on behalf of the Ocoee Historical Society. 9 Ocoee City Commission Regular Meeting \.... March 15, 1994 ~ '-' 3) Asked if there was something wrong with the construction at the S curve intersection on Silver Star and Temple Grove. 4) Announced an Easter Egg Hunt on April 2 with different hunts scheduled for different age groups. Contact Recreation Director Beech at 656-3103 for additional information or to answer any questions. 5) Asked how long before the polling of Saw Mill Subdivision could be done again. Concurrency Analyst Resnik said one year and someone from Saw Mill must initiate the request. City Clerk Grafton announced that the Ocoee Rent-A-Choir was present to sing "Happy Birthday" to Mayor Vandergrift and that there was birthday cake for everyone. ADJOURNMENT The meeting adjourned at 10:20 p.m. Attest: APPROVED: City of Ocoee ,"'.'......., 10