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HomeMy WebLinkAbout04-05-94 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSION '-- REGULAR MEETING HELD April 5, 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. Frances Watts, president of the Senior Citizens, led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson and Gleason. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Building Official Flippen, Planning Director Wagner, Concurrency Analyst Resnik, City Clerk Grafton and Clerk/Stenographer Lewis. ABSENT: None PRESENTA TIONS AND PROCLAl\tIA TIONS PRESENTATION TO RECREATION DEPARTMENT FROM YOUfH DANCE FuND Mrs. Sherry Wise and Mrs. Yvette Hurst asked Commissioner Johnson and Recreation Director Beech to join them at the podium and then announced that the Youth Dances, which they had helped to sponsor since 1988, had been discontinued until the renovation of the Recreation Center ~ on Flewelling Avenue is completed. Mrs. Wise said that the $3.00 admission the youth had been charged to attend the dances had been collected just for this purpose and she presented a check in the amount of $3,471.25 toward the renovation and furnishings. She noted that an additional donation to the Recreation Department consisted of stereo equipment, C.D. 's, records and concession supplies valued at approximately $5,000. Commissioner Johnson and Recreation Director Beech both expressed appreciation to Mrs. Wise and Mrs. Hurst for their dedication to the youth of the City and thanked them for their efforts. REQUEST FOR FuNDs FOR FOUNDERS' DAY CELEBRATION Mrs. Betty Hager said The Founders Day Celebration Committee has planned a day which includes a brief opening ceremony, walking tours and riding tours, an Old Timers' Tem, games with prizes and general recreation for the day. Mrs. Hager said the Committee needs financial assistance to cover banners, postage, and miscellaneous items, but that the concession stands will return 25 % of the profit from their sales in order to build a fund so that this request will not be necessary next year. Mrs. Hager explained the selected date, May 14, held no special significance to the City. Commissioner Combs seconded bv Commissioner Johnson. moved to aoorove $3.000 from Contin~encv for The Founders Dav Celebration exoenses. Motion carried 5-0. AWARDS FOR ANTI-VIOLENCE ESSAYS Mayor Vandergrift said Mrs. Nora Gledich, principal of Ocoee Elementary School, could not ............. attend the meeting but had presented the City with a banner of students' signatures supporting Ocoee City Commission Regular Meeting '- April 5, 1994 "Ocoee Kids Pledge To Be Violence Free." Johnathan Peterlin, representing Spring Lake Elementary School, presented a similar banner signed by the entire student body of Spring Lake Elementary. Mayor Vandergrift presented certificates of recognition for the Anti-Violence Essays to Terri Luther, First Place, and Johnathan Peterlin, Second Place. CONSENT AGENDA The consent agenda consisted of items A, B, C, and D, as follows: A.. Acceptance and Approval of Minutes of Regular Commission Meeting of March 15, 1994. R... Acceptance and Approval of Roadway Realignment - Municipal Complex - Change Order #9. c... Approval and Authorization to Transfer $1,700 from Wastewater Contingency to Wastewater Engineering Expense for Boundary and Topographic Survey for Former M & M Park Site - PEC. IL. Approval and Authorization to A ward Bid B94-006, SBA Tree Planting. ........ Commissioner Johnson requested pulling items B and C for discussion. Commissioner Johnson. seconded bv Commissioner Combs. moved to olace item B to VI. C and item C to VI. D on the a!:!enda under Other Business. Motion carried 5-0. City Attorney Rosenthal explained a motion was not required to pull somet~ing from the consent agenda. Mavor Vander1!rift. seconded by Commissioner Johnson. moved to aoorove and acceot the consent a!:!enda items A and D as oresented. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC ~Irs. Hilda Ems, 909 Flewelling Avenue, announced a Seniors and Lawmen Together Council of Orange County (SALT) seminar for 7:30 p.m., April 19, 1994 at the Ocoee Womans' Club. She provided survey information and said the group worked with law enforcement to resolve local concerns in neighborhoods. ~Ir. Guy Lundy, 1266 Russell Drive, expressed his frustration at code and law violators in the Peach Lake Manor Subdivision. Juveniles have stolen boats in the area. He would like to see the City fence the area around the lake. He also asked about the liability of someone getting hurt on the property. City Manager Shapiro said staff will survey for cost then budget to do something after an estimate is determined. Commissioner Johnson asked for lights in the area. Mr. Shapiro said the staff will look into the entire problem. Mr. Robert Duquette, 904 Russell Court, said the City should place lights in the area. '-- 2 ~ ........ '-' Ocoee City Commission Regular Meeting April 5, 1994 Mr. Frank McCord, 1240 Russell Drive, expressed his concern about young people building fires and spending the night by Peach Lake. He said he would like to see the area fenced also, as his paddle boat is frequently used without his permission. Mr. McCord also expressed his feelings on Code violators. Mrs. Betty Goble, 1118 Caballero, Neighborhood Watch program coordinator, said that citizens should document their calls to the police as well as the response time, and insist on a response. Mr. James Peterlin, 1103 De LaKey Court, said he would like to see trespassers fined and he talked about a recent fire at a vacant house on Bellini Lane. He asked if there were a way to keep kids away from such places and if the City could board up the windows. City Manager Shapiro said that citizens should report broken doors and windows in vacant houses, that they should not be boarded up, but the City could take care of that. Mayor Vandergrift advised the citizens to contact Crimewatch or give the police a call. It is a serious offense that might result in jail time. Commissioner Gleason said this problem goes back to youth and living by rules. He suggested that the City look at a curfew. RECESS 8:40 - 8:53 P.M. PUBLIC HEARINGS SECOND READING OF ORDINANCE No. 94-03, REPEALING CHAPTER IX, CONCURRENCY MANAGEMENT AND ADOPTING NEW CHAPTER IX, CONCURRENCY MANAGEMENT FOR LAND DEVELOPMENT CODE. This ordinance was presented by title only for the second reading and public hearing. City Attorney Rosenthal pointed out that the text attached to the Ordinance is a red-line text that shows the changes from the current Code provision, but that when the Ordinance is actually adopted there will be a clean copy without the lines since the City is repealing Article IX in its entirety and substituting a new Article IX. He also said this particular language reflects the changes that have been adopted by the State. Concurrency Analyst Resnik was present to answer any questions. Mayor Vandergrift asked how the certificate of occupancy differs from that of someone moving into a new house. City Manager Shapiro said there was no difference. In this case, the certificate of occupancy refers to the City acceptance of the first house. The public hearing was opened and no one wished to speak. The public hearing was closed. Commissioner Johnson. seconded bv Commis...ioner Combs. moved to adont Ordinance No. 94- 03. renealim! Chanter IX. Concurrencv ManaQ:ement and adontinQ: new Chanter IX. Concurrency ManaQ:ement for Land Develonment Code and find it consistent with the Comorehensive Plan as nresented. On roll call Commissioner Combs voted "ave." Commissioner Foster "ave. " 3 Ocoee City Commission Regular Meeting ....... April 5, 1994 Commissioner Gleason "ave." Commissioner Johnson "ave." and Mavor Vanden!rift "ave. " Motion carried 5-0. RESOLUTION No. 94-04, VACATING PORTIONS OF JACKSON STREET AND GENEVA STREET. (CONTINUED FROM MARCH 15, 1994). This resolution was presented by title only for the continued public hearing. City Manager Shapiro said the item was continued from the last meeting because the property owners within 300 feet of the project had not received the appropriate notification but that requirement had now been satisfied. The public hearing was opened and no one wished to speak. The public hearing was closed. Commissioner Gleason. seconded bv Commissioner Foster. moved to adoot Resolution No. 94- 04 vacatinl! oortions of Jackson Street and Geneva Street. as oresented. On roll call Commissioner Combs voted "ave." Commissioner Foster "ave." Commissioner Gleason "ave." Commissioner Johnson "ave." and Mavor Vander!!rift "ave." Motion carried 5-0. -.... OTHER BUSINESS First Readings of Ordinances. Second Readings and Public Hearings Scheduled For April 19, 1994 at 7:30 P.~l. ORDINANCE No. 94-04, RELATING TO CHANGING THE DATES FOR MUNICIPAL ELECTION AND QUALIFYING DATES FOR 1994. Ordinance No. 94-04 was presented by title only for the first reading. City Attorney Rosenthal advised that the Supervisor of Elections has confirmed that the equipment will be made available for the City election on November 29 and a run-off election for December 13, if needed. This ordinance provides that the qualifying dates for the 1994 election of the Mayor and City Commission Districts One and Three will open at noon, Thursday, September 22, and close at noon. Thursday. October 6, 1994. Mayor Vandergrift announced the date and time of the second reading and public hearing. ORDINANCE No. 94-05, RELATING TO AND AMENDING THE GENERAL EMPLOYEES' RETIREMENT TRUST FuND TO INCLUDE CROSS-CREDITS FOR VESTING, TO PROVIDE FOR PURCHASE OF CREDITED SER\'lCE FOR FAMILY!MEDICAL LEAVE ACT, AND TO PROVIDE FOR DIRECT TRANSFERS OF ELIGmLE ROLLOVER DISTRIBUTIONS. Ordinance No. 94-05 was presented by title only for the first reading. City Manager Shapiro advised that these changes were requested by the Retirement Fund Trustees for both Boards and that two of the items incorporate the requirements of the Federal Family and Medical Leave Act and the Internal Revenue Service. The other item affords employees the right to transfer from one pension plan to another without loss of credited service. Mr. Shapiro pointed out also that there .... 4 Ocoee City Commission Regular Meeting '-" April 5, 1994 will be no cost involved for the City. Mayor Vandergrift announced the date and time of the second reading and public hearing. ORDINANCE No. 94-06, RELATING TO AND AMENDING THE POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FuND TO INCLUDE CROSS-CREDITS FOR VESTING, TO EXCLUDE FROM DISABILITY BENEFITS FOR NEW MEMBERS FOR DISABILITIES RESULTING FROM PRE-EXISTING CONDITIONS, TO PROVIDE FOR PURCHASE OF CREDITED SERVICE FOR FAMILY /MEDICAL LEAVE ACT, AND TO PROVIDE FOR DIRECT TRANSFERS OF ELIGmLE ROLLOVER DISTRIBUTIONS. Ordinance No. 94-06 was presented by title only for the first reading. City Manager Shapiro said this Ordinance was similar to the General Employees' Retirement Trust Fund with the exception of a disability clause that met the requirement of the law and will protect the City. He stated also that there will be no cost involved for the City. Mayor Vandergrift announced the date and time of the second reading and public hearing. '-' ORDINANCE No. 94-07, RELATING TO THE POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND TO PROVIDE FOR A RETIREMENT INCENTIVE WINDOW. Ordinance No. 94-07 was presented by title only for the first reading. City Manager Shapiro said the proposed Ordinance will allow individuals that meet certain requirements in the Police or Fire Departments to retire early at full retirement through an incentive window. Only one person from the Police Department has placed such a request. Mayor Vandergrift announced the date and time of the second reading and public hearing. ORDINANCE No. 94-08, RELATING TO THE GENERAL EMPLOYEES' RETIREMENT TRUST FuND TO PROVIDE FOR A RETIREMENT INCENTIVE WINDOW. Ordinance No. 94-08 was presented by title only for the first reading. City Manager Shapiro said this Ordinance will offer a small group of employees that met the criteria an opportunity to retire early. The employees have worked for the City when the pay and benefits were bad and working conditions were limited. Mayor Vandergrift announced the date and time of the second reading and public hearing. RESOLUTION No. 94-07, RELATING TO CONCURRENCY MANAGEMENT AND INFRASTRUCTURE DEFICIENCIES. Resolution No. 94-07, was presented by title only. Concurrency Analyst Resnik explained the concurrency map adopted by the Commission in October had included Maguire Road. She said the adoption of Ordinance 94-03 now causes Maguire Road to come off the map, so currently there are no deficiencies in the City. Mayor Vandergrift asked why the sewer plant remained on the map. City Manager Shapiro said releasing and removing the sewer plant from the map will not be done until the final inspection. There was discussion regarding the capacity of the plant ....... 5 ~ Ocoee City Commission Regular Meeting April 5, 1994 and Mayor Vandergrift asked for a report of the pumping. Mavor Vander!!:rift. seconded by Commissioner Combs. moved to adoot Resolution No. 94-07. revisinQ: the Concurrencv Reoort and Infrastructure Deficiencies Mao to show no deficiencies as oresented. Motion carried 5-0. ....... TillS ITEM MOVED FROM THE CONSENT AGENDA, ITEM B, FOR DISCUSSION. ACCEPTANCE AND ApPROVAL OF ROADWAY REALIGNMENT - MUNICIPAL COMPLEX - CHANGE ORDER #9. Administrative Services Director Beamer pointed out that several things not evident on the drawings would be that there are wired into the building three very large lights at the solid wall by the roadway to light the roadway and the standard curbing will extend all the way from Bluford A venue to Lakeshore Drive. Also included in this change order is the landscaping plan with shrubs placed at the end of the building. Commissioner Johnson asked if the road can be widened to the lake. Ms. Beamer said the staff had discussed doing the entire campus at some point but they felt that the median and parking concerns should be dealt with first in order to ensure sufficient funding. Commissioner Johnson said he wanted lights in the middle of the median and a parking lot at the lake. Commissioner Foster suggested that the Commission sit down and formulate a comprehensive plan indicating Commission desires for the complex. There was considerable discussion here regarding the options and Commissioner Johnson pressed for brick pavers as a part of the roadway. Mavor Vander!!:rift moved to acceot and aoorove the Roadwav RealiQ:nment - Municioal Como lex - ChanQ:e Order No.9 as oresented. Motion died for a lack of a second. Commissioner Foster questioned the number of parking spaces taken to widen the roadway. He said there would be criticism for a lack of parking. City Manager Shapiro voiced caution, as the increased use of this road during special events may cause traffic problems. He also said it would be necessary to place cuts on spending in other areas if the Commission decides to use bricks. Use of brick pavers may be considered if the cost did not exceed 10 percent. Commissioner Johnson seconded bv Commissioner Foster moved to acceot and aoorove the Roadwav RealiQ:nment - Municioal Como lex - ChanQ:e Order No.9 with an allowance of 15 % increase for the use of brick oavers. Motion carried 5-0. TillS ITEM MOVED FROM THE CONSENT AGENDA, ITEM C, FOR DISCUSSION. ApPROVAL AND AUTHORIZATION TO TRANSFER $1,700 FROM WASTEWATER CONTINGENCY TO W ASTEW ATER ENGINEERING EXPENSE FOR BOUNDARY AND TOPOGRAPHIC SURVEY FOR FORMER M & M PARK SITE - PEC. Administrative Services Director Beamer said fencing will be placed around the lift station and building storm water retention ponds across from the station will be considered later. City Engineer Shira said the public will come by, and not through, the station. Commissioner Johnson reminded the City Manager of the water standing on the piece of property where the City ..... 6 Ocoee City Commission Regular Meeting \... April 5, 1994 had cut the ditch. City Manager Shapiro said staff would deal with that as part of the topographic so it is flat and dry. Mavor Vander!!rift. seconded bv Commissioner Johnson moved to aDo rove and authorize transfer of $1700 from Wastewater Continl!encv to Wastewater Enl!ineerinl! Exoense for Boundarv and Toool!raohic Survev for former M & M Park Site - PEC as oresented. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. .~ COMMENTS FROM COMMISSIONERS Commissioner Johnson: I) Asked why there was no water pressure in the areas of Kimball and Sabrina. He also asked if it was because of the small lines in the old area. City Enl:ineer Shira asked if this occurred within a certain time period and whether neighbors of the area were having the same problem. He also said areas that have the small galvanized lines and backyard easements were likely to have the problem and that small lines in the older part of town were being replaced. City Manager Shapiro asked for the section and period of time. He said once the City gets the first one off the ground it will be easier to do the others and it would be based on funding only. Mayor Vandergrift asked for a contact name and phone number. 2) Asked if the lots at the, corner of Flewelling and Orange A venue could be purchased by the City and made into a parking area. City Manager Shapiro asked that it be pointed out to him and he would determine the cost to develop it. He said to keep in mind that the heavily wooded part adds to the cost of maintenance and conversion into a parking lot. A report will be forthcoming. 3) Questioned the cuts on Clarke Road and asked when the City will address the areas that they had slipped up on. City Manager Shapiro asked if he was referring to not putting in the deceleration lane. He said it had been discussed and there was no slip-up. as based upon the engineering criteria of trips per day four-lanes are not justified. He added that the Mall must do all kinds of deceleration lanes as that is a massive project where there will be major in and out traffic. 4) Said trees and landscaping were blown down all over the Albertsons Shopping Center and he would like to see the trees tixed. City Manager Shapiro said staff would take care of it Wednesday morning. 5) Said he had received calls about code enforcement issues and asked for a tightening up. City Manager Shapiro said staff was trying to change the Ordinance. 6) Said the paving on Ridgefield A venue has not been taken care of yet and said also that street lights should be upgraded at that entrance and at Ocoee Hills Road. City Manager ~ 7 Ocoee City Commission Regular Meeting '-' April 5, 1994 '-' '-' Shapiro said a policy should be established regarding improving lumens and it would be addressed at the mid-year budget project. Commissioner Foster: Had no comments. Commissioner Combs: I) Said he would like his name spelled correctly on the sign by the Withers-Maguire House. 2) Said there was a car lot at the corner of Bluford Avenue and Main Street. City Manager Shapiro said this was a Code Enforcement issue. 3) Asked that someone look into the trash and bottles littering the parking lot of the WalMart Shopping Center. City Manager Shapiro said it would be brought up in the staff meeting. 4) Commended Mrs. Frances Watts on bringing attention to code violators in the trailer parks and said he has given the numbers to Teresa. 5) Immediately following the invocation and pledge of allegiance and again during comments from Commissioners he said it was rude of the TV crew to talk during this part of the meeting and suggested that. if they must talk, it should be done outside the building. Commissioner Gleason: I) Commended Doug Duncan for refurbishing the gazebo. 2) Said he has talked with City Manager and Administrative Services Director Beamer re: paying simple interest on water/sewer deposits and returning the deposits to customers with good credit rating with the City. Also on that same note, those who do not pay on time should be charged interest. 3) Asked the City Manager about the March 7 letter from Lee Ann Lowery of the Orange County Public School System and the Prairie Lake PUD. City Manager Shapiro said staff had been given 10 working days to respond and it has not been dropped. 4) Said he received the largest number of phone calls concerning code enforcement and asked if it was possible that Teresa is overworked. City Manager Shapiro said another inspector is needed and will be considered in the mid-year budget considerations. 5) Said Don Flippen had an ad in the Southern Pipeline regarding siding. He wanted the people in the Saw Mill Subdivision to know that the City is continuing to search for a solution to this problem. City Manager Shapiro said the City will make the same request through the Florida League of Cities Datagram. 6) Asked about retention ponds and whether a City-wide plan could be incorporated to enhance those areas all over town coordinating with the Arbor Day program. 7) Asked about placing the ads in another section of the newspaper or the Times so that the notices are more widely read. City Manager Shapiro said it was not only the cost but 8 Ocoee City Commission Regular Meeting "-- April 5, 1994 the City cannot get the ads to the paper quick enough. City Attorney Rosenthal said we do what we have to do by the law. It was better that the ads appear in the same spot. 8) Thanked the City Commissioners for the opportunity to march with them and with Orlando Mayor Glenda Hood and Kevin Beary, Orange County Sheriffs Department, in support of "Safe Cities. " 9) Asked if the fenced area owned by Mr. West at Orlando/Lakewood Avenue could be cleared of the palmettos obscuring vision. Public Works Director Brenner said staff had received permission to spray the area. '-"' Mayor Vandergrift: I) Suggested televising the Code Enforcement Board meetings in an effort to encourage offenders to adhere to the Rules. 2) Asked when the budget hearings are scheduled. City Manager Shapiro said they would be in May. 3) Said a crossing guard was needed by the Ocoee Elementary School. Interested parties may call the school or the Orange County Sheriff's Department. 4) Announced the WalkAmerica scheduled for 7:30 a.m., April 23. 5) Said he wanted to impress upon the school system that the City supports kids from Ocoee attending schools in their community. 6) Said that he had received from the Florida League of Cities a form to be used in evaluating city managers. He requested copies be distributed to the Commissioners and the City Manager for their review. City Manager Shapiro said he welcomed a review and had no problem in getting an evaluation. Commis."ioner Foster said the Commission's voting record is evidence that the City Manager is constantly being evaluated. Mr. Shapiro said he would ask the City Manager's Association to provide a copy of their evaluation form llisQ... Mayor Vandergrift announced the birthday of Commissioner Gleason. He wished Mrs. Mary Ann Swickerath a happy birthday as well. Ocoee Rent-A Choir sang. ADJOURNMENT The meeting adjourned at 10:27 p.m. Attest: APPROVED: City of Ocoee ".,....."rr ,__...... ~~,,, , , , .~} ....Jr> ~~::cf L ' L "i,,, ~ o~'t/ \ ' S. Scott Vandergrift, Mayot \ ~ 9