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HomeMy WebLinkAbout11-17-98 MINUTES OF THE OCOEE REGULAR CITY COMMISSION MEETING HELD NOVEMBER 17,1998 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 15 p.m. in the Commission Chambers. Commissioner Anderson led in the prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Howell and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Police Chief Mark, Planning Director Wagner, City Engineer/Utilities Director Shira, Director of Community Relations/Projects Shira, Building and Zoning Official Flippen, Public Works Director Smith, Recreation Director Nordquist, Principal Planner Horne, Capital Projects/Transportation Planner Friel, and City Clerk Grafton, ABSENT: None. Mayor Vandergrift displayed a plaque presented to the City of Ocoee by the Back to School Organization. PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS PLAQUE OF ApPRECIATION - FRANK CARLSSON, retiring Chairman of Code Enforcement. Mayor Vandergrift read and presented the plaque to Mr. Carlsson. Mr. Carlsson thanked the Commission and various staff members, then talked about his years of service to the City. Mr. Carlsson reminded the Mayor and City Attorney, as his parting statement, that the Code Enforcement Board recommended the replacement mobile homes be no more than 5 years old and hoped the City could make this work. CERTIFICA TES OF ApPRECIATION - SHARON BLACKMAN, CHORAL DIRECTOR, AND RICHARD BROWN, BAND DIRECTOR, OCOEE MIDDLE SCHOOL for continued dedication to reaching out to youth in our community. Mayor Vandergrift presented to each a certificate and talked about their participation in the City's activities. Ms. Katherine Clark, Principal of Ocoee Middle School, talked about their dedication to the students and the Community. Mrs. Blackman and Mr. Brown thanked the Mayor and Commissioners. PLAQUES OF ApPRECIATION - GENE SNOW AND COMMISSIONER GLASS for Service on the Citizen's Advisory Council for Ocoee Police Department (CACOPD). Mayor Vandergrift presented a plaque to Mr. Snow and spoke of his 12 years of service to the community and thanked him. Chief Mark expressed his appreciation for the work he did as Chairman of the Council. Mr. Snow thanked all. Mayor Vandergrift presented a plaque to Commissioner Glass for the 3 years he served as an ex-officio member on the Council. Commissioner Glass thanked everyone for this honor. Ocoee City Commission Regular Meeting November 17,1998 Mayor Vandergrift announced that Chairman Drolet would be resigning from the CACOPD and Vice Chairman Linn would take over as the Chairman. OCOEE AAU BASEBALL TEAM - MARTIN Y. BERNSTlNE, request for support. Mr. Martin Bernstine talked about the team's accomplishments and requested additional support for their attendance at the State Tournament. Commissioner Anderson asked how many of the young men were from Ocoee. Mr. Bernstine responded that 12 of the 15 young men were from Ocoee. Commissioner Howell said he was not in favor of supporting this because of the team policies. Mr. Bernstine explained that the Ocoee Force team policies were not the ones that Commissioner Howell had referred to. Commissioner Anderson said he did not want to hear repeated requests for money. Mayor Vander2rift. seconded by Commissioner Glass. moved to approve a grant of $250 to the AAU Baseball Team. Ocoee Force. Motion carried 5-0. BAHIA TEMPLE SHRINE CIRCUS request for sponsorship. Mayor Vandergrift said the $400 donation would be used to purchase tickets for needy children. Mayor Vandergrift. seconded by Commissioner Howell. moved to approve a $400 grant to the Bahia Temple Shrine Circus and use the tickets in the Recreation Department. Motion carried 5-0. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E and F. Commissioner Howell requested item F be pulled for discussion. Mayor Vandergrift complimented the Staff on item B for working with Orange County Public Schools on this agreement. City Manager Shapiro talked about the conditions of this agreement. Mayor Vander2rift. seconded by Commissioner Glass. moved to approve Items A. B. C. D and E of the Consent Agenda as presented. Motion carried 5-0. A. Approval and Acceptance of the Minutes of City Commission Re2ular Meeting of November 3. 1998. B. Approval and Authorization to Waive Fees for Oran2e County Public Schools. . This waives all annexation, rezoning, public building, and site plan fees related to the proposed Orange County Public Schools applications for the Dye/Christensen properties. C. Approval and Authorization for Mayor and City Clerk to execute the Contract with Berryman and Henigar. Inc. for Consulting Services to Update the City's Land Development Code. . This is a standard language contract for consulting services with a Scope of Services tailored to the City's needs for the new Land Development Code. It is anticipated that the project will take approximately one year to complete and the consultant will be paid just under $50,000 for consulting services. D. Approval and Authorization for Temporary Closin2 of LF Roper Pkwy.. Enterprise St.. and a Section of Bluford Avenue for the Christmas Parade on December 5.1998. . Road closings will begin on LF Roper Pkwy. and Enterprise St. at 11 :30 a.m. for the parade which starts at 1 :00 p.m. Rain date of December 6, 1998. This authorization 2 Ocoee City Commission Regular Meeting November 17, 1998 requires (1) road blocking with proper barricades, (2) An emergency lane maintained during the time the street is blocked, and (3) Advance notification of all residents affected by the road blockage. E. Approval and Authorization for Temporary Closin2 from 6:00 a.m. to 9:00 a.m. of East Oakland avenue from Bluford Avenue to Lakeshore Drive for Historical Commission's Arts and Crafts Festival on November 28.1998 from 9:00 a.m. until 3:00 p.m. . This authorization requires (1) road blocking with proper barricades, (2) An emergency lane maintained during the time the street is blocked, and (3) Advance notification of all residents affected by the road blockage. Item F of the Consent Agenda was discussed at this point. F. Approval and Authorization for Forest Lake Golf Course to Construct Reclaimed Water Line. . This will authorize Forest Lake Golf Course to construct a reclaimed Water Line to serve the Orlando Memorial Cemetery. Commissioner Howell asked who would be paying for this project. City Engineer/Utilities Director Shira said that Forest Lake would be paying for the changes made for their own use and the City would like to use their contractor to do the City's work in the same area at the same time. Commissioner Howell discussed the prices of the material. Commissioner Anderson asked about charging the Cemetery for the reclaimed water. Mr. Shira said that when a rate was set the Cemetery would pay. Mayor Vandergrift suggested leaving the water towers in place and using them to collect the reclaimed water. Commissioner Anderson. seconded by Commissioner Parker. moved to approve item D as presented. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Mr. John Brady, 210 Franklin Street, thanked Mayor Vandergrift for coming out to his house to check on his water drainage problems, but said it was still not established who is responsible. Mayor Vandergrift talked about options he had discussed with the Public Works Director to fix the problem. Mr. Brady asked who was responsible for the care of the side easements. After a discussion as to who owned the property, with no conclusions, Mr. Shapiro said he would speak with the City Attorney as to the legal boundaries and maintenance of the easements. Mr. Richard Tomaino, 209 Franklin Street, said that the dumpster had been removed from a house down the street that resulted in destroying the sidewalk. Public Works Director Smith said the occupants of this property had defaulted on their commercial account with Jennings and now were provided trash containers from the City. Commissioner Howell asked if Jennings would be responsible to pay for the repair of the sidewalk. Building and Zoning Official Flippen said that the sidewalk had been broken by the septic tank company who had installed a septic tank and this was now a code enforcement issue. Mr. Richard Brown, 2112 New Victor Road, recounted the history of the well and rising water at Lake Johio Shores. He spoke of the loss of property, landscaping and trees and requested that the City remove a large tree and the stump. 3 Ocoee City Commission Regular Meeting November 17, 1998 Mr. Henry Klint, 2104 New Victor Road, stated in a letter to the Mayor that the water had not receded to its normal level. Mr. Klint talked about the problems caused by the risen water. City Engineer/Utilities Director Shira said the water was down below the overflow elevation of the drain well as of November 16, 1998 and the only way get the water level lower would be to pump it out or let it evaporate. There was a discussion on the different lake water levels over the years. Mr. Shapiro said it may be the City's responsibility for the water above what their property plat said when the property was purchased. Commissioner Glass said that the City may have the responsibility for the water that rose above the well cap but not up to or below the cap. There was a lengthy discussion about lake front property. Mr. Shapiro said he would like to obtain more information to present before the Commission so that they might make an informed decision on this issue. Mayor Vandergrift said that there had been problems with notifying buyers of what would be built near their property and notifying buyers of the high water line could be a similar problem. Commissioner Anderson, being a recent buyer, said when you purchase lake front property in Orange County they have you initial the plat plan where the 100 year flood plain is, showing that you understand this. Mayor Vandergrift thought this might be worth considering for the City and would look into it. Mrs. Frances Watts, 43 Shell Key Ct., saw the pot hole patch truck, called them and asked to patch a hole on Shell Key Ct., and they did. Mrs. Watts also said there was a sidewalk on the same street that was cracked and in need of repair. Recess 8:40 -8:50 p.m. COMMISIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker: 1) Announced the RSVP line 656-2218 for any Citizens' concerns or questions and said Staff would respond quickly. 2) Announced that the Ocoee Historical Commission would hold their annual Craft and Folk Art Show Saturday, November 28,1998 on the grounds of the Withers-Maguire House. Commissioner Howell: None. Commissioner Anderson: 1) Thanked Human Resources for keeping the Modifying Factor on the Workman's Compensation Insurance so low each year. Mr. Shapiro said it was the Staff practicing safe work habits that makes these rates possible and wanted to express his thanks to the entire staff. 2) Said that Tammy Middleton had fixed the entrance sign to Brentwood at her expense and would like to see her reimbursed and recognized for her efforts. Commissioner Parker said that other Home Owner's Associations would be lining up for the same consideration. Mr. Shapiro said giving her the recognition would be appropriate at the next City Commission Meeting. if she was available. Commissioner Glass: None. 4 Ocoee City Commission Regular Meeting November 17, 1998 PUBLIC HEARINGS ORDINANCE No. 98-28 ADOPTION OF BUILDING STANDARDS FOR THE CONTROL OF BUILDING CONTRACTORS AND BUILDING CONSTRUCTION. City Attorney Rosenthal read the ordinance by title only and pointed out the scrivener errors, with respect to numbering, had been corrected. Building Official Flippen was present to answer any questions. Mayor Vandergrift said that this ordinance was being pulled into line with the State ordinance. The public hearing was opened, and as no one wished to speak, was closed. Commissioner Howell. seconded by Commissioner Anderson. moved to adopt the standard codes as mandated by the state. to adjust and revise the Code of Ocoee to remove conflict between codes. as recommended by Staff. Motion carried 5-0. ORDINANCE No. 98-29, ApPOINTMENT OF MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD. City Attorney Rosenthal read the ordinance by title only. Mayor Vandergrift said a compromise was reached to enlarge the board to 13 members. Commissioner Anderson had questions concerning the quorum number, that were answered. The public hearing was opened, and as no wished to speak, was closed. Commissioner Glass. seconded by Commissioner Parker. moved to approve the appointment of six additional members to the Parks and Recreation Board. making a total of 13 regular members. Motion carried 5-0. OCOEE HIGH SCHOOL, A PUBLIC BUILDING, CASE No., PB 98-001. Tabled at the request ofthe applicant. Mayor Vandergrift moved item VII C for consideration at this time. COLBURN DEVELOPMENT AGREEMENT AND MAINE STREET PROJECT. Director of Community Relations/Projects Shira said this agreement was a joint effort that took approximately 1 1/2 years to complete, and gives the City the new alignment needed for Maine Street and a 3 acre site for the proposed park. It also would give the Colburns what they believe necessary to market their property. City Attorney Rosenthal said this agreement is positive for the City and the property owner. City Attorney Rosenthal noted corrections that would be made to the corporate names on the final document. Mr. Bill Colburn, 4312 Down Point Lane, Windermere, talked about some of the points of this agreement and thanked the Staff for their work. He said he looked forward to seeing the park and a nice development some day. 5 Ocoee City Commission Regular Meeting November 17,1998 Mayor Vandergrift. seconded by Commissioner Glass. moved to approve Staff recommendation and approve the Developer Agreement with the Colburns. with the corrections as noted by City Attorney Rosenthal. Motion carried 5-0. OTHER BUSINESS FIRST READING OF ORDINANCES. ORDINANCE No. 98-30, WEST OAKS SQUARE, SMALL SCALE COMPREHENSIVE PLAN AMENDMENT CASE No. SSCP A-98001 (WEST OAKS SQUARE). ORDINANCE No. 98-31, WEST OAKS SQUARE PUD REZONING, PROJECT No. LS-98-005. ORDINANCE No. 98-32, RELATING TO LOCATION OF ALCOHOLIC BEVERAGES. ORDINANCE No. 98-33, AMENDMENT TO POLICE OFFICERS'!FIREFIGHTERS' RETIREMENT TRUST FUND REGARDING INVESTMENT POLICY. ORDINANCE No. 98-34, REINSTATEMENT ON JANUARY 1, 1999 OF WATER RATES IN EFFECT ON JANUARY 1, 1998. ORDINANCE No. 98-35, RECREATING TRI-CITY AIRPORT AUTHORITY. City Attorney Rosenthal read Ordinance Nos. 98-30, 98-31, 98-32, 98-33, 98-34, and 98-35, by title only. Mayor Vandergrift announced the second reading and public hearings for these ordinances would be December 1,1998, at 7:15 p.m. CITY OF OCOEE ADV. ORLANDO/ORANGE COUNTY EXPRESSWAY AUTHORITY: GOLF COURSE PROPERTY, FIRST AMENDMENT TO CONSERVATION EASEMENT WITH THE FLORIDA GAME AND FRESH WATER FISH COMMISSION. City Attorney Rosenthal explained the staff report and recommended approval of the first amendment to the conservation easement and authorization for the Mayor and City Clerk to execute all necessary documents. Mayor Vander2rift. seconded by Commissioner Anderson. moved to approve the first amendment to the conservation easement and authorize the Mayor and City Clerk to execute all necessarv documents. Motion carried 5-0. LONG RANGE TRANSPORT A TION MASTER PLAN. Capital Projects/Transportation Planner Friel introduced Whitt Blanton, of Science Applications International Corporation (SAIC), to give the final summary of the Ocoee Transportation Master Plan. Mr. Blanton gave a presentation on the overhead projector showing improvements and additions for all types of transportation needed for the growth in the City of Ocoee. He also talked about the cost for these future projects and the need for impact fees. Mr. Blanton responded to several questions from Mayor Vandergrift. Mayor Vander2rift. seconded by Commissioner Anderson. moved to accept the Executive Summary of the Ocoee Master Transportation Plan as the final component of the entire planning document and direct staff and SAI C to utilize the findings to update the Ocoee Road Impact Fee Ordinance as recommended by Staff. Motion carried 5-0. 6 Ocoee City Commission Regular Meeting November 17,1998 City Manager Shapiro requested a date for a work session to discuss Road Impact Fees, if possible in December, and also talked about a trip to New York, in December, to obtain a better rating on a bond issue. After some discussion consensus was to hold the Impact Fee Work Session on December 8, 1998 at 6:00 p.m. in the Commission Chambers and a joint meeting with the Planning and Zoning Board to follow immediately after. Mr. Shapiro talked about setting the trip to New York either December 9-11, or December 16-18, but no final decision on a date was reached. DEVELOPMENT AGREEMENT - HACKNEY - PRAIRIE ROAD City Engineer/Utilities Director Shira's staff report advised that the proposed Development Agreement between the developers of Prairie Lake Phase III project, Prairie Lake Joint Venture, and the developers of Remington Oaks project, Imperial Partnership, and the City of Ocoee provides that the work to be done on the Hackney-Prairie Road right-of-way (both existing and proposed) will be done by Imperial Partnership in order to avoid the redundant effort and cost incurred if all three attempted to do their own portions of the required work.. The Agreement spells out the responsibilities of each party: Prairie would pay to the City $72,373.90, Imperial would credit to the City $70,498.20, the City would pay to Imperial (or provide credits) $287,864.92, which includes $11,972.00 Administrative Fee. The City's part covers the following work and will be funded: Roadway - $112,065.18 -Transportation Impact Fee Fund Storm Sewer - $ 30,586.60 - General Fund Streets Budget Sanitary Sewer - $ 43,951.00 - Water/Wastewater Construction Fund Water - $ 33,140.14 - 1997 Utility Bond Issue Fund (+ $5,986.00 - toward Administrative Fee) Reclaimed Water - $ 56,150.00 - 1997 Utility Bond Issue Fund (+ $5,986.00 - toward Administrative Fee) Mr. Shira was present to answer any questions. Mayor Vandergrift. seconded by Commissioner Parker. moved to authorize the Mayor and City Clerk. upon deliverv to the City of the referenced Development Agreement executed by both Prairie and Imperial. to execute the proposed Developer agreement on behalf of the City of Ocoee. and authorize payment of funds as shown in the Staff report. Motion carried 5-0. REQUEST FOR AUTHORIZATION TO SOLICIT BIDS FOR THE WHITE ROAD/ORLANDO AVENUE RESURFACING PROJECT. City Engineer/Utilities Director Shira's staff report advised that this project would be divided into two phases, Phase I - from Bluford A venue to just east of Sleepy Harbor Drive at an estimated cost of $196,569.30 and Phase II from just east of Sleepy Harbor Drive to just west of Hammocks Drive at an estimated cost of $193,090.00. Mr. Shira was present to answer any questions. Mayor Vandergrift. seconded by Commissioner Glass. moved to authorize Staff to advertise for bids for the White Road/Orlando A venue resurfacing proiect. Motion carried 5-0. ApPROVAL OF DESIGN PROPOSAL FOR PAVEMENT REPAIR AT FIRE ST A nON NO.4. This item was tabled at the request of City Manager Shapiro. 7 Ocoee City Commission Regular Meeting November 17, 1998 CHANGE ORDER NO.2 AND AUTHORIZATION FOR FINAL PAYMENT OF CITY HALL SIDING TO GOLDEN HAMMER. Commissioner Anderson asked where the City was in the lawsuit. City Manager Shapiro said he had started giving deposition but was not finished, and there were others who would give deposition. Public Works Director Smith spoke about some of the soil boring results they had received recently with not too favorable findings. Commissioner Howell had questions concerning what had already been paid and what the remaining balance was now, to which Public Works Director Smith responded. City Manager Shapiro said for the record, the contractor, Golden Hammer, did an excellent job and hoped they would bid on future contracts with the City. Public Works Director Smith concurred. Commissioner Howell. seconded by Commissioner Anderson. moved to approve the change order work and authorize the final payment on this proiect as recommended by Staff. Motion carried 5-0. AWARD OF CONSTRUCTION CONTRACT FOR CENTRAL PARK PARKING LOT TO D. J. HAYCOOK CONSTRUCTION COMPANY. Public Works Director Smith's staff report advised that D. 1. Haycook Construction Co. was the low bidder for the Central Park Recreation Complex Parking Lot Additions/Alterations project at $295,000.00 and funds were available from the Capital Improvement Note proceeds for the New Public Works Facility. Mr. Smith was present to answer any questions. Commissioner Glass. seconded by Commissioner Anderson. moved to award Bid #99-02 to D. J. Haycook Construction Company and authorize execution of the agreement between the City and D. J. Haycook Construction Company by the Mayor and City Clerk and further authorize the Mayor and City Clerk to execute all documents necessary to consummate the transaction contemplated by the agreement, as recommended by Staff. Motion carried 5-0. City Manager Shapiro said, for the record, D. J. Haycook Construction Company now had the ability to pick up the permit to start on the Beech Recreation Center. USE OF FORFEITURE FUNDS FOR IN-VEHICLE REPORTING SYSTEM PROJECT PLAN. Mayor Vandergrift complimented Police Chief Mark on a good job. Commissioner Anderson asked questions concerning what the City's share ofthe cost would be and if the City was getting funds from the MBI, to which Police Chief Mark responded. Mayor Vandergrift. seconded by Commissioner Howell. moved to approve the use of forfeiture funds. not-to-exceed $75.000. over the next 3 years for the implementation and furtherance of the In-Vehicle reporting Project Plan. as recommended by Staff. Motion carried 5-0. ApPROVAL OF FUNDS TO COVER ANNUAL CHRISTMAS DINNER. Director of Community Relations/Projects Shira was present to answer any questions. Commissioner Anderson. seconded by Commissioner Howell. moved to approve funding $1.350 from the contingency fund for the Annual Christmas Dinner. as recommended by Staff. Motion carried 5-0. ApPOINTMENTS TO BOARDS 8 Ocoee City Commission Regular Meeting November 17,1998 PARKS AND RECREATION ADVISORY BOARD. Commissioner Anderson said he would like the clerk to keep a record of the absences from the board meetings. In accordance with the provisions for additional members in Ordinance No. 98- 29, Commissioner Howell. seconded by Mavor Vandergrift. moved to appoint Mr. James Blackwelder and Ms. Lewynn LaBaire. of District 1. Mr. Paul Sherman and Ms. Rosemary Wilsen of District 2. Mr. Ray DeWeese and Mr. David Lindenauer of District 4 as members of the Parks and Recreation Advisory Board with terms expiring October 1. 2001. Motion carried 5-0. CITIZEN ADVISORY COUNCIL FOR OCOEE POLICE DEPARTMENT. Commissioner Parker. seconded by Commissioner Glass. moved to appoint Mr. Frank Venturella and Mr. John Cooper to the Citizen Advisorv Council for Ocoee Police Department for terms expiring November. 2001. Motion carried 5-0. STAFF REPORT - None. COMMENTS FROM COMMISSIONERS Commissioner Howell: 1) Said he had previously asked that the Police monitor the traffic on Marlene Drive but had not seen any police officers on the street and wanted to know what had happened. Chief Mark said he had sent the officers but would check on it and make sure they are there. 2) Asked when the Wurst Road project would be started. Mr. Shapiro said that an engineer had to be selected for recommendation to the Commission and when that was finished he would bring the recommendation and a price back to the Commission. 3) Said a new lock box was needed on the lights at the Senior League Field because of misuse of the lights. Public Works Director Smith said that the Little League controlled the field. Mr. Shapiro suggested a meeting with Recreation Director Nordquist and the Little League to discuss the abuse of the lights. 4) Thanked Public Works Director Smith for the job he does at Public Works. Commissioner Anderson: 1) Announced that Thanksgiving Day Dinners would be given out on Wednesday, November 25, 1998, from 1 :00 -5:00 p.m. at the Community Center, and tickets could be obtained from the Christian Service Center or check with the City Clerk's office for more information. 2) Wished everyone a safe and Happy Thanksgiving. Commissioner Glass: 1) Announced the Orlando/Orange County Expressway Authority would be having a workshop Thursday, December 3, 1998, concerning the alignment of the next link for the Western Beltway, at the West Orange High School Ninth Grade Center, Cafetorium. For more information or questions call Mr. Pustelnyk at 316-3800. 9 Ocoee City Commission Regular Meeting November 17, 1998 Commissioner Parker: 1) Said the City had received 6 Letters of Interest on the RFP for the Employee Survey and the Committee would be meeting to look at the proposals and would bring a recommendation back to the Commission. Mayor Vandergrift: 1) Said the South drainage well needed to be shut down. 2) Said the grass had not been cut at Starke Lake, between the water and where grass was cut with the lawnmower. 3) Talked about the first meeting with Chairman Martinez and the many things that had been discussed at the meeting. He stated he was yery excited about the new Commission. 4) Spoke concerning the Water Conservation Officer/Citizens Advocate mentioned at a previous meeting and possibly working with St. Johns River Water Management District as a partner if they audit the City's water system. Commissioner Anderson suggested waiting until the RFP for the Employee Survey is finished and using the firm chosen for input. ADJOURNMENT The meeting was adjourned at 10:07 p.m. Attest: APPROVED: ~"S'Svlt L)~\r S. Scott Vandergrift, Mayor 10