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HomeMy WebLinkAbout08-04-98 MINUTES OF THE CITY OF OCOEE REGULAR CITY COMMISSION MEETING HELD AUGUST 4, 1998 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 15 p.m. in the Commission Chambers. There was a special moment of silence for Fire Chief Cilano of Winter Park who lost his life recently and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. Mayor Vandergrift thanked Bumble Bee Florist for the flowers on the dais and Westside Tech TV crew for the coverage ofthe meeting this evening. PRESENT: Mayor Vandergrift, Commissioners Anderson, (arrived at 7:55 p.m.) Glass (arrived at 7 :23 p.m.), Howell and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Building & Zoning Official Flippen, Fire Chief Strosnider, Support Division Chief Floyd, Assistant Fire Chief Firstner, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Director of Planning Wagner, Senior Planner Horne, Senior Planner Lewis, Public Works Director Smith, Buyer Meridith, City Clerk Grafton, Consultant Hooper, and Consultant Teague. ABSENT: None. PRESENT A TIONS AND PROCLAMATIONS Mayor Vandergrift read the following proclamation: BUTTERFLY SEASON IN OCOEE - AUGUST THROUGH OCTOBER MAYOR V ANDERGRIFT presented a Certificate of Appreciation, on behalf of the Orange County Government, to Fire Chief Strosnider for the Ocoee Fire Department. He read a memorandum presented to all the Ocoee firefighters who participated in the Disaster Response and Service to the Citizens of Orange County, thanking them on behalf of the City of Ocoee. Chief Strosnider expressed his appreciation for his firefighters as well, and those present introduced themselves. All present stood and applauded in appreciation of sacrifices made by these men. Mayor Vandergrift announced that he had arranged for free food at the Clarke Road McDonalds for the firefighters. Mayor Vandergrift presented Senior Planner Robert Lewis with a Certificate of Recognition in recognition of his passing the American Institute of Certified Planners (AICP) examination and becoming a Certified Planner. Director of Planning Wagner said Robby had been with the City for two years, had two Bachelor's Degrees and a Master's Degree in City Planning. Mr. Wagner stated all of the City of Ocoee planners are now AICP certified, quite an achievement, especially for a city the size of Ocoee. Commissioner Glass arrived at 7:23 p.m. Ocoee City Commission Regular Meeting August 4, 1998 Wranglers 4-H Club - Amber Allen, Club President Ms. ALLEN explained that young people in this area have to travel to east Orange County to be involved in 4-H if they are interested in raising livestock, as all 4-H groups in West Orange focus on forestry. She asked the City to sponsor the new club as they would need $3,000 to get it started. Mary Cop of Ocoee and vice-president, explained what they have been doing to raise some of the money. Amber introduced her brother who showed the record book he kept while raising his blue ribbon hog. Commissioner Parker asked them if they could use some chickens as well. Ms. Allen said yes. Commissioner Howell. seconded by Commissioner Glass. moved to grant $1.000 to the club from Community Promotions. Motion carried 4-0.Commissioner Anderson was not present. Ms. Allen thanked the Commission. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Glass. seconded by Commissioner Parker. moved to approve the consent agenda as presented. Motion carried 4-0. Commissioner Anderson was not present. A. Approval and Acceptance of the Minutes of City Commission Regular Meetine: of July 21. 1998. B. Appoint Commissioner Scott Anderson as Alternate Voting Dele~ate to Florida League of Cities Conference. . The FLC Conference will held in Miami Beach on August 13, 1998 and an alternate is needed in case Mayor Vandergrift is unable to attend. C. Approval of Waiver of Process and Authorization for Emer~ency Expenditure for Installation of Acoustical Wall Covering at Vignetti Recreation Center by Shaw Contract Floorin~ for $3.098.00 from Account No. 001-572-6204. . Decibel test showed noise level exceeded safe range. COMMENTS FROM CITIZENS/PUBLIC-None. COMMISIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell: None. Commissioner Parker: 1) Presented the sign from Mayor Vandergrift's car and said that she had nothing to do with its removal from his car. Commissioner Glass: I) Announced that the public celebration for the opening of the West Orange Trail Phase II would be Saturday August 8, 1998, 10:00 a.m., at Clarcona Horseman's Park. 2) Reminded parents of Lake Whitney Elementary School children of the "Cash Back for Schools" program at the West Oaks Mall, and to deposit West Oak Mall receipts at the customer service desk now through September 30, 1998. 3) Announced a Community Service Project to build pavilions at Central Park on Saturday August 15, 1998, 8:00 a.m. He invited the public and gave the number of Director of Community Relations/Projects Shira for more information. 2 Ocoee City Commission Regular Meeting August 4, 1998 Mavor Vandere:rift: 1) Announced that the RSVP line 656-2218 answers 24 hours a day. He said he appreciated compliments as well as complaints. 2) Asked Commissioner Glass to represent the City at the dedication of the West Orange Trail on Saturday, and sent along a "Fax-O-Gram" for the Commissioner to read. 3) Said he needed a representative of the City at the Friends of Lake Apopka (FOLA) meeting at Zellwood Farms August 15, 1998, 9:00 a.m. City Manager Shapiro said he would have someone from Staff attend the meeting. 4) Invited the 4-H members to be a part of the Founders' Day Celebration. 5) Announced that tonight is "National Night Out," the night to get to know your neighbors. PUBLIC HEARINGS SECOND READING OF ORDINANCE No. 98-15, MANHEIM REMARKETING LIMITED PARTNERSHIP REZONING, CASE No. R-98-04-03. City Attorney Rosenthal read the title only. Senior Planner Horne displayed the parcel and the surrounding properties on the overhead projector, showing their zoning. She explained that this was near the Auto Auction and was expected to be used in their expansion. Ms. Horne said that the Planning and Zoning Commission and Staff both recommended approval of Ordinance No. 98-15. Commissioner Anderson arrived at 7:55 p.m. Commissioner Howell asked if adult entertainment would be permitted in the C-3 zoning. Ms. Horne said that this type of business would be permitted by special exception only and would have to be approved by the Commission. Commissioner Anderson asked when the Commission would see a master plan for the Auto Auction. City Manager Shapiro said he was not sure, but later he added that it should be presented to Commission within a few months. Mayor Vandergrift asked if there would be a site plan as he was concerned about buffering and sidewalks. Kurt Ardaman, representing Florida Auto Auction and responding to Commissioner Anderson, said he did not have a time frame for the master plan, but added that they need the master plan as well and will for sure bring it before the Commission. Commissioner Anderson said he would rather approve a C-1 rezoning than the C-3 as a new owner of the property may decide to put something undesirable on the property. There was a discussion on the differences between the C-1 and the C-3 zoning. The public hearing was opened, and as no one wished to speak, was closed. 3 Ocoee City Commission Regular Meeting August 4, 1998 Mr. Ardaman, after commending the Commission for their action to support the 4-H Wranglers, stressed the importance of the C-3 zoning, as Florida Auto Auction's business is the sale of cars. Commissioner Anderson wanted to know how long they would be permitted to park the cars on the grass. Mr. Shapiro answered that they had a six month time frame in which the master plan would be finished, but they do follow the law by having 25% or less open space. Commissioner Glass. seconded by Commissioner Parker. moved (l) to find that the application is consistent with the Ocoee Comprehensive Plan. Future Land Use Map. and Land Development Code: and (2) to enact Ordinance No. 98-15. rezoning to C-3. General Commercial District. as requested by the Manheim Remarketing Limited Partnership in Case Number R-98- 04-03. Motion carried 5-0. SECOND READING OF ORDINANCE No. 98-16, L. F. AND MARY ELLEN ROPER PARTNERSHIP REZONING, CASE No. R-98-04-04. City Attorney Rosenthal read this Ordinance by title only. Senior Planner Horne read the staff report, explained that this property was adjacent to the previous parcel and showed a map on the overhead projector. She said Staff recommended approval of Ordinance No. 98-16. The public hearing was opened, and as no one wished to speak, was closed. Commissioner Anderson. seconded by Commissioner Howell. moved (1) to find that the application is consistent with the Ocoee Comprehensive Plan. Future Land Use Map. and Land Development Code: and (2) to enact Ordinance No. 98-16. rezoning to C-3. General Commercial District. as requested by the L.F. and Mary Ellen Roper Partnership in Case Number R-98-04-04. Motion carried 5-0. OTHER BUSINESS MR. & MRS. SULLIVAN RE: Decision by Don Flippen in reference to a Sidewalk to a Boat Dock at their Residence. Building & Zoning Official Flippen read the staff report, displayed a picture on the overhead projector and explained that part of the sidewalk had been permitted but the part in the conservation easement had been denied. He said, however, that a raised wooden sidewalk would be permitted in the conservation area. City Attorney Rosenthal clarified that conservation easements deal with different types of restrictions and even though this is a specific site an amendment to the Land Development Code to permit this change would allow sidewalks to be constructed in all conservation easements in the city. Planning Director Wagner said the conservation area is around the entire lake between the 100 year flood plain line and normal water level of the lake, and includes the jurisdictional wetlands 4 Ocoee City Commission Regular Meeting August 4,1998 set out by the agencies. He said the extensive document for this subdivision is very specific, and states no structure shall be built within any conservation easement. Mayor Vandergrift asked for an explanation as to how the proposed sidewalk affects drainage. Mr. Wagner responded that this was a conservation easement issue rather than drainage issue. Commissioner Anderson questioned the building of boat ramps. Mr. Wagner said that these would be regulated by the State. Mr. Charles Sullivan, 879 Chauncey Court, said the project began in April when they hired a contractor to get the necessary permits to do the work. He said originally they were turned down for a permit by the City Engineer's office, but in a meeting with the City Engineer they were told they could probably construct as planned and the City Engineer would consult with the Building Department. Mr. Sullivan said that when they went to pick up their permit it had only been approved for the portion to the conservation easement. He then met with Mr. Shapiro, who advised him to come before the Commission. Mr. Sullivan explained the reason for the sidewalk was mainly family safety, his eighty-eight year old mother-in-law in particular, and the raised wood walkway would not be acceptable for wheelchair use. Also, it would be costly to maintain. Mayor Vandergrift explained that a conservation area is different from a drainage area. Mr. Rosenthal said the restrictions imposed by the City are pursuant to Florida Statutes and an extensive document has been recorded and attached to the deed, setting the terms and conditions of the easement. He said the City Commission does not have the authority to unilaterally grant a change, there must be a mutual agreement with Rotlund Homes or whoever they have turned it over to, but it could not be limited to this particular lot, it would be available to all. He said there might be some St. Johns River Water Management District requirements as well, along with Land Development Code Issues for which the proper procedure might be asking for a variance, but these would also have to apply to all lakes in the City. Mayor Vandergrift said that, as he understood it, the Commission did not have enough information to give Mr. Sullivan a fair hearing, and asked him if he would go along with tabling this for one month. There was a short discussion about what type of information was needed and who should gather it. Commissioner Howell suggested that they poll the Commission before going any further. He said the rules were made for a reason and he did not want to make any changes. Commissioner Anderson said he did not feel Staff was prepared enough to answer this question. He said he would like to see more information in order to deal with future requests of this nature and was in favor of tabling it. 5 Ocoee City Commission Regular Meeting August 4, 1998 Commissioner Glass said he was not unsympathetic with the Sullivans but he agreed with Commissioner Howell that the conservation easement was there for a reason. He said the conservation easement was in place when they purchased the property and making any changes could open Pandora's Box with respect to all other property owners along the lakefront. Commissioner Parker said she was sympathetic with their request and being sent from department to department but felt every land owner would be requesting a sidewalk to the lake and this was a concern with regards to drainage. She was opposed to a concrete sidewalk on that land. She said they need more information before they set any precedents. Mayor Vandergrift asked if the St. Johns River Water Management District would approve a concrete sidewalk in that area. Mr. Flippen said Director of Planning Wagner should answer that question. Mr. Wagner said the Land Development Code is very specific as to conservation easements and building concrete structures; however, the City and St. Johns River Water Management District would approve a wooden walkway. Commissioner Glass. seconded by Commissioner Howell. moved to deny the appeal made by Mr. and Mrs. Sullivan. Motion carried 3-2 with Mayor Vandergrift and Commissioner Anderson voting no. Mr. Sullivan said he would abide by the decision of the Commission but thought the rules need to be clearly written so there is no chance for misinterpretation. Mr. Rosenthal then listed the steps taken by the Commission to do just that. Mr. Sullivan said that they had gone before their Home Owners Association-Architectural Board who had approved the sidewalk. MELVA STREET CLOSING City Engineer/Utilities Director Shira presented the staff report noting that all departments concerned had listed reasons against closing Melva Street. Mayor Vandergrift left the table during this presentation and returned during the discussion. Commissioner Howell asked what the specific objections were. Mr. Shira said that the Fire Department and Sanitation Department would have to back their trucks down the street to get out, and the Police could end up in a situation with an officer trapped and no way out. Commissioner Howell suggested another type of closure rather than a wall or checking with the homeowner at the end of the road who was willing to allow vehicles to turn around on his property. Mayor Vandergrift asked if Staff could speak to the homeowner about buying enough property to make a turn-around. Mr. Shapiro said Staff could look into it and bring it back to the next meeting. Commissioner Parker suggested looking into a break-a-way or an emergency gate as an option at the same time. 6 Ocoee City Commission Regular Meeting August 4, 1998 SELECTION OF CONSULTANT TO UPDATE CITY'S LAND DEVELOPMENT CODE. Senior Planner Lewis gave a brief review of the Staff report, noting that 9 firms had responded to the RFQ and the selection committee had rated them, finally choosing the top 3 to interview: Berryman & Henigar, Wade-Trim, and Duncan Associates. Based on the results of additional investigation, the committee recommended approval of the selection of Berryman & Henigar, Inc., and requested direction to enter into negotiations for a contract with that firm to update the City's Land Development Code. Commissioner Glass. seconded by Commissioner Anderson. moved to select Berryman & Henigar and to direct staff to enter into negotiations for a contract with that firm to update the City's Land Development Code. Motion carried 5-0. DECLARATION OF SURPLUS PROPERTY - Buyer Meridith Commissioner Anderson asked about the cell phones. Ms. Meridith said they were confiscated items from the police department. Commissioner Howell. seconded by Commissioner Glass. moved to declare the items listed as surplus and approve the date of the City's Surplus Auction as Saturday September 19. 1998. Motion carried 5-0. THIRD QUARTER FINANCIAL REPORT Finance Director Horton read the Staff report and said revenues exceeded expenditures in all funds. Commissioner Anderson. seconded by Commissioner Glass. moved to accept the Third Quarter Financial Report as presented. Motion carried 5-0. STATUS OF CITYWIDE DRAINAGE UTILITIES PROGRAM This item was pulled from the agenda and will be on the August 18, 1998, agenda. LAKE MEADOW/PRAIRIE LAKE DRAINAGE BASIN STUDY City Engineer/Utilities Director Shira introduced Greg Teague and Ken Hooper ofPEC, who gave a brief presentation, with a handout, outlining the recommended improvements for the two basins. Mayor Vandergrift questioned retrofitting ponds in the Reflections Subdivision. Mr. Shira briefly explained the pond system along Clarke Road. Commissioner Glass. seconded by Commissioner Parker. moved to accept the draft report as presented and direct Staff to proceed with the finalization of the report. Motion carried 5-0. DISCUSSION/AcTION RE: DRAFT OF SECOND YEAR ANNUAL REPORT FOR THE STORMWATER NPDES PERMIT This item was pulled from the agenda and will be on the August 18, 1998, agenda. AUTHORIZATION FOR REQUEST FOR PROPOSALS FOR SURVEYING SERVICES. Assistant City Engineer Wheeler briefly explained the report and asked the Commission to authorize the RFP process, advertise for Survey Services, and request a Volunteer from the Commissioners to serve on the Review Committee. Commissioner Anderson asked if the City was having to do surveys twice. Mr. Rosenthal explained the revised survey requirements for two separate statutory requirements, one to do the survey and one to review. Commissioner 7 Ocoee City Commission Regular Meeting August 4, 1998 Howell. seconded by Commissioner Parker. moved to authorize Staff to issue an RFP for land surveying services and appoint Commissioner Anderson to the Review Committee. Motion carried 5-0. Commissioner Anderson said for the record, "This is just another piece of government trying to, I don't know what word you're going to use, but it sounds like they are just redoing the thing and checking it over and I don't think that we need to pay more money to have the same thing done again, maybe it's a different statute maybe it's a different part but it just seems like one person can do it, we don't need two people checking each other." ApPOINTMENTS TO BOARDS Education Commission - Initial Appointments Mayor Vandergrift proposed that they appoint the first fourteen applicants as members and the remaining four as alternate members. Commissioner Glass asked that they appoint five alternate members, with Kathy Glass as the fifth. Commissioner Anderson strongly recommended that if there is a board member absent, even though there is still a quorum, let an alternate sit in their place. Mr. Shapiro said the Commission could write a letter to the chairman of the board to do this. Mr. Rosenthal suggested making this a part of the motion as a recommendation. Commissioner Glass. seconded by Commissioner Anderson. moved to appoint the first fourteen applicants on the Staff report list as full members of the education commission. and further moved to appoint the next four applicants and Kathy Glass as alternate members. with a strong recommendation from the Commission that the alternates be fully active members in the deliberation of this commission. Motion carried 5-0. The applicants in order of their applications are: Mr. Thomas Greene, Ms. Sherrall Applegate, Mr. Jim Gleason, Ms. Tamela Vercamen, Mr. Berwyn L. Oltman, Ms. Karen Drolet Snowman, Ms. Nancy A. Reilly, Ms. Liza Crunk Holland, Ms. Rosemary A. Davis, Reverend Johan Bergh, Mr. Clifford Koch, Ms. Lindsay, Ms. Carol Lindenauer, Ms. Margaret MacDonald, and as alternates Mr. Jeffrey Morin, Ms. Lavon S. Banks, Ms. Rosemary Wilsen, Ms. Beth Petersen, Ms. Kathy Glass. Commissioner Glass said that the West Orange Times reported that he had been appointed the ex-officio member to the board and that never happened. He said it would be more appropriate that someone else serve as ex-officio member. Commissioner Glass. seconded by Commissioner Anderson. moved to appoint Commissioner Howell as ex- officio member of the Education Commission. Motion carried 5-0. CITIZENS ADVISORY COUNCIL FOR OCOEE POLICE DEPARTMENT (CACOPD) - Mark Linn's three year term expires August 1998. Mayor Vandergrift. seconded by Commissioner Anderson. moved to reappoint Mark Linn to the CACOPD Board for another 3 years. Motion carried 5-0. 8 Ocoee City Commission Regular Meeting August 4,1998 WEST ORANGE CHAMBER GOLF CHALLENGE. Commissioner Anderson asked how much they have spent with the West Orange Chamber this year. Mr. Shapiro said he would check into this. Commissioner Howell. seconded by Commissioner Glass. moved to sponsor the Golf Challenge as a Sponsor. Motion carried 5-0. ST AFF REPORTS Mr. Shapiro said that a table has been purchased at the Barbecue and Hob-Nob. He also said Director of Community Relations/Projects Shira has had the first Founders' Day Committee meeting and asked that the $3,000 already in the budget be allocated and be added to the $2,500 they have, because of the expanded program for this year to include evening entertainment and fireworks. Commissioner Glass. seconded by Commissioner Parker. moved to approve the allocation of the $3.000 in the budget. Motion carried 5-0. City Manager Shapiro wished Mayor Vandergrift well with his medical tests. COMMENTS FROM COMMISSIONERS Commissioner Parker: 1) Gave a second reminder of the RSVP #656-2218. Commissioner Glass: 1) Reminded Lake Whitney Parents to drop off their receipts at West Oaks Mall. Commissioner Howell: 1) Stated that the Wurst road right-of-way was a disaster and in great need of repair. Mr. Shapiro said he would take a look at it. 2) Said he spoke to Recreation Director Nordquist who had a meeting with Golden Hammer concerning the noise level in the Recreation Center at Vignetti Park. Mr. Shapiro said the city does not have the funding available to do the $12-15.000 proiect right now. but would like to put this on the next agenda with more information from the contractors and something in writing. Mr. Shapiro said he needs to speak with the City Attorney and check the purchasing manual before making any recommendations to the Commission. 3) Said he and the other homeowners on Marlene Drive would like the road closed because it has turned into a dragstrip. Mr. Shapiro said he would have Staff look into it. 4) Said he would like to see a teenage committee to organize functions for teens in the city. Mayor Vandergrift said he had been trying to get this started for years and would be happy to cooperate. Mr. Shapiro suggested asking the Recreation Advisory Board to make suggestions and work with them. Commissioner Glass said that the Recreation Department should contact the City of Orlando for information on their teen program which has been functioning for some time. Amber Allen of West Orange High School suggested that someone come to the high school to speak on WOW T.V. (their daily news) to get teens involved. Mayor Vandergrift said that everyone should get behind Commissioner Howell and have him follow up. Mr. Shapiro said he would have staff contact Orlando. get someone to get with the teens to pique their interest and let the Recreation Advisory Board talk about it at their next meeting. 9 Ocoee City Commission Regular Meeting August 4, 1998 Commissioner Anderson: 1) Said his family prayed that the Mayor's medical tests go well. 2) Said he noticed that they were doing the signal test on McKey/Bluford intersection but he would go around it because it was still too slow, and suggested that a pressure activated signal be installed there. Mr. Shapiro said the signal belonged to DOT. 3) Asked if Lakeshore Drive, behind City Hall, was opened yet. No. it is still being used by the construction company. and due to the recent rains under water. 4) Said that as he was going south on Bluford at the school, four patrol cars with lights and sirens passed him too quickly for the situation and the area. Mr. Shapiro explained that it was difficult to know the circumstances oftheir iob and suggest to them how to drive. 5) Asked if they would do the Silver Star/Bluford slow down before school starts. Mr. Shapiro said it is on their list. Mayor Vandere:rift: 1) Said the new Animal Control Officer Sherman had started a Foster Care program for animals and for more information to contact the Code Enforcement Department. 2) Announced at the softball game on the previous night the Police Department killed the Fire Department 17-5. (Clerk's note; this was an erroneous statement, however, the City Employees beat the Police 17-5) 3) Received a call from East Central Florida Regional Planning Council (ECFRPC) and had been appointed to a Blue Ribbon Committee to reorganize but they downsized the committee and in order to save money he suggested the City resign. It was suggested that Cities be non- contributing, non-voting members or ex-officio members, but he wanted the backing of the rest of the Commission before proceeding on this matter. 4) Said Donnie Beasely contacted him concerning the Brentwood Sign and he wanted to find the funds to move up the completion of the Sign as early as possible. Mayor Vandergrift seconded by Commissioner Anderson moved to authorize taking care of the sign for an amount not-to-exceed $5.000. Mr. Shapiro said Public Works Director Smith had money available remaining from a line item not spent, and that Mr. Smith suggested plastic was more affordable than wood, but it would still have to go through the bid process. Commissioner Parker opposed this project because the neighborhood residents were unwilling to participate in maintaining the sign. She said this would create a new problem with other HOA's wanting the City to take care of their entries also. Commissioner Glass agreed with Commissioner Parker and thought they should set up an HOA to take over the responsibility for maintenance from here on. Commissioner Anderson, after hearing from Commissioners Parker and Glass, agreed with them in wanting the homeowners of Brentwood to take responsibility and also that it would become a Pandora's box. He withdrew his second to the Mayor's motion and the motion died from a lack of a second. 5) Called attention to a letter he distributed concerning sex offenders in this area, and said someone from the Police Department had asked that it be distributed with the monthly water bill. Mr. Shapiro advised that this should go through the proper channels (Chief of Police and the City Attorney) and he would follow up on it. 10 Ocoee City Commission Regular Meeting August 4,1998 6) Thanked the Commission for being expressive and said he had received compliments from the citizens on the pride the Commission showed for the community at a recent meeting, with the democratic process in full action. He said he was very proud of this commission and thanked everyone for their concern for his health. 7) Announced the 1998 Barbecue and Hob-Nob Tuesday, August 25, 1998, 5:00 - 7:00 p.m. at Health Central. He suggested getting out to meet the candidates who would be running for State Offices, business people, and educators from our area. He said it was a great opportunity. ADJOURNMENT The meeting was adjourned at 10:45 p.m. Attest: APPROVED: ;5 5ddf' U~~ S. Scott Vandergrift, Mayor 11