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HomeMy WebLinkAbout12-01-98 MINUTES OF THE OCOEE REGULAR CITY COMMISSION MEETING HELD DECEMBER 1, 1998 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Pastor Ron Cargil, Harvest International Ministry of Orlando, led in the prayer and Commissioner Glass 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, Director of Community Relations/Projects Shira, Public Works Director Smith, Finance Director Horton, Principal Planner Horne, Finance Supervisor Carter, and City Clerk Grafton. ABSENT: None. Mayor Vandergrift shared a card and a dozen cupcakes presented in appreciation by the Harvest International Student Council who recently toured City Hall. PRESENTATIONS AND PROCLAMATIONS PRESENT A TIONS CERTIFICATE OF ApPRECIATION - MRS. TAMMY MIDDLETON - Mayor Vandergrift presented Mrs. Middleton the certificate and thanked her for being an outstanding citizen in the City of Ocoee and renovating the Brentwood Entry Median. PLAQUES OF ApPRECIATION MEADOR'S CONCRETE - MR. GERALD MEADOR - Mayor Vandergrift presented Mr. Meador a plaque and thanked him for his company's contribution of labor and materials to the City in the building of the pavilions at Central Park. Cox LUMBER - MR. RICHARD WILLIG, not present. TEE PEE LUMBER - MR. STEVE ACKERMAN - Mayor Vandergrift presented Mr. Ackerman a plaque and thanked him for his company's contribution to many City projects. He added that the Jeld-Wen Foundation, their parent company, awarded a $1,500 grant to the City for the pavilions at Central Park. CONSENT AGENDA The consent agenda consisted of items A, B and C. Commissioner Anderson asked concerning item B, as he thought there should be a better price than the one listed and requested someone look further. Finance Director Horton said that this was the price of the next lowest bidder. Mayor Vandergrift. seconded by Commissioner Glass. moved to approve Items A. B and C of the Consent Agenda as presented. Motion carried 4-1. Commissioner Anderson voted no. Ocoee City Commission Regular Meeting December 1,1998 A. Approval and Acceptance of the Minutes of City Commission Regular Meeting of November 17. 1998. B. Approval and Authorization to Change the Purchase Price for 2 City Vehicles. . Mike Shad Ford rescinded their bid to the Florida Sheriffs Association and the contract was awarded to the next lowest bidder, Don Reid Ford and Duval Ford. The vehicles affected are the 1999 Ford F-250 pickup truck for Public Works ($2,300 increase) and 1999 Ford Taurus for the Police Department ($63 increase). Staff recommends approval of (1) the change in purchase price for the above vehicles, (2) the increase in the Lease- Purchase Agreements with Ford Motor Credit Company and (3) execution by the Mayor and City Clerk of the Agreement and all documents necessary to consummate the transaction contemplated by the Agreement. Co Approval and Certification of Reappointment of Mrs. Joyce Oliver as 5th Trustee on General Emplovees' Retirement Trust Fund Board of Trustees. . Pursuant to Section 3.1 of General Employees' Fund Plan, the elected and appointed members choose the fifth member and the City Commission certifies the appointment. COMMENTS FROM CITIZENS/PUBLIC Mr. John Brady, 210 Franklin Street, thanked everyone for the progress made on their water drainage problems and discussed the problems the neighborhood was having with the residents at 215 Franklin Street. Mayor Vandergrift said he would like them to get it right or they would be shut down. City Manager Shapiro said that they were probably licensed by the state in which case the City could not shut them down and would need to deal with the licensing agency. Police Chief Mark said he would investigate and put together a report within two weeks. Commissioner Parker said the state prevents and prohibits cities from having any control over these assisted living houses and added that anyone who wished to oppose should contact her. Mr. Brady said he had called the HRS agency repeatedly concerning this address only to be transferred numerous times, with no response. Mr. Willard Queener, Pastor of the Church of God of Prophecy, said that his church is across the street from 215 Franklin Street and spoke of the problems he had encountered with the residents also. Mr. Queener said due to a lack of supervision and their tendency to wander he sees a potential for one of the residents being injured. COMMISIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell: 1) Announced that Mrs. Frances Watts was home from the hospital doing well and wished her a speedy recovery as she is missed by all here at City Hall. 2) Said he owed the Police Department an apology for saying they had not been running the radar on Marlene Drive when in fact the records show they had been in his area quite often. 2 Ocoee City Commission Regular Meeting December 1,1998 Commissioner Anderson: 1) Announced the Ocoee Christmas Parade December 5, 1998 at 1 :00 p.m. and said the Mayor and Commissioners would also be in the Winter Garden Christmas Parade in the morning, that same day. 2) Announced the Christmas Light Judging on December 11, 1998 at 7:00 p.m. 3) Said Santa's Calls would be Monday, December 14, 1998 between 6:30 - 8:30 p.m. 4) Stated there would be Christmas Caroling at the Gazebo on December 18, 1998 at 7 :00 p.m. Commissioner Glass: 1) Announced the Orlando/Orange County Expressway Authority would be having a workshop Thursday, December 3, 1998, 4:00 - 7:00 p.m., concerning the alignment of Part C 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. 2) Said he was glad Mrs. Watts was out of the hospital and looked forward to her returning to her place here at the meetings as soon as possible. Commissioner Parker: 1) Stated also that Mrs. Watts was missed here and wished her a quick recovery. 2) Said that David Harris of the Public Works Department would be undergoing a medical procedure at ORMC on Wednesday, December 2, 1998, and all thoughts and prayers would be with him. Mavor Vander2rift: 1) Said the Toys for Tots Drive would be different this year as the families have indicated a need for clothing, shoes and food as well as toys. He said the items could be dropped off at the Police Department before December 14, 1998, and if there were questions concerning the Toys for Tots program please call Ella Wisecup (656-1518 x 247) or Cherri Toms (656-1518 x 241). 2) Announced there would be a public hearing December 10, 1998, 1 :00 p.m. in the Orange County Commission Chambers, of the Orange County Administration Center, concerning the Old Winter Garden Road improvement project west from Vineland Road to Highway 50 in Ocoee. 3) Talked about the Ocoee Police Department Ride-Along Program for citizens who would like to observe the duties of a police officer, and added anyone interested should contact the Police Department during daytime working hours. 4) Asked that everyone take a walk down the hallway to the building department and observe the Children's Art Gallery. He said the unique artwork was produced by the children of Spring Lake and Clarcona Elementary Schools. 5) Announced the RSVP line 656-2218 for any Citizens' concerns or questions and said Staff would respond quickly. 6) City Manager Shapiro reminded that the Christmas Dinner would be Tuesday. December 8. 1998. served buffet style from 5:30 - 7:30 p.m. at the Ocoee Middle School. He said for ticket information call Director of Community Relations/Projects Shira at 656-2322 x 143. 3 Ocoee City Commission Regular Meeting December 1,1998 7) Announced the Impact Fee Workshop Tuesday, December 8, 1998, at 6:00 p.m., and the public was invited but the meeting would not be televised. PUBLIC HEARINGS ORDINANCE No. 98-30, WEST OAKS SQUARE, SMALL SCALE COMPREHENSIVE PLAN AMENDMENT CASE No. SSCP A-98001 (WEST OAKS SQUARE). City Attorney Rosenthal read the ordinance by title only and said, as this ordinance ties in with Ordinance 98-31, the staff report would serve for both ordinances. Principal Planner Horne described the property as 4.5 acres situated 300' east of the intersection of SR 50 and Citrus Oaks. Mrs. Horne gave a PowerPoint presentation on the changes requested and said staff recommended approval of Ordinance No. 98-30. Director of Planning Wagner gave a brief presentation for Ordinance No. 98-31, West Oaks PUD Zoning and Land Use Plan, pointing out that this was the first project subject to the recently adopted "Ocoee State Road 50 Activity Center Special Development Plan" but said they required a waiver. Mr. Wagner said the applicant requested waivers for the minimum setback of the building which is 100' now requesting 141' and the limit of only one parking bay in the front of the building, now requesting 1 1/2 bays. Mr. Wagner stated that both the Development Review Committee (DRC), and the Planning and Zoning Commission had recommended approval of the PUD Zoning request with the waivers. Commissioner Anderson asked questions concerning the unique storm water drainage, and if this could eventually cause problems. Mr. Wagner said that another building in Ocoee had been built with the same design and had been reviewed by the engineers. Commissioner Howell asked questions concerning the different uses of the buildings that would be permitted, to which Mr. Wagner responded. Mayor Vandergrift suggested that when they landscape they refrain from "bobbing" the oak trees. The public hearing was opened. Mr. Dean Sant, attorney for West Oaks Square, Inc., 903 Emmet Street, Kissimmee, gave a brief history of the project and was present to answer any questions. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked concerning the retention basin and how they would prevent stagnation. Mr. Garcey Unroe, with Unroe Engineering, explained how the system worked and said the Centra Care building used the same type of engineering which is in use now. The public hearing was closed. Commissioner Anderson. seconded by Commissioner Parker. moved to find the application to be consistent with Ocoee's: (1) Comprehensive Plan. (2) Land Development Code. and (3) surrounding land use. and to adopt Ordinance No. 98-30. approving the requested future land use 4 Ocoee City Commission Regular Meeting December 1, 1998 designation change from Professional Service to Commercial. less the areas previously designated Conservation and Commercial. as recommended by staff. Motion carried 4-1. Commissioner Howell voted no. ORDINANCE No. 98-31, WEST OAKS SQUARE PUD REZONING, PROJECT No. LS-98-005. City Attorney Rosenthal read the ordinance by title only. Principal Planner Horne was available to answer any questions, and noted that the presentation given for Ordinance No. 98-30 applied to this ordinance as well. The public hearing was opened, and as no one wished to speak, was closed. Commissioner Glass. seconded by Commissioner Anderson. moved to (1) adopt Ordinance No. 98-31 approving the request for West Oaks Square. to rezone the subject property from P-S Professional Offices & Services District, and A-2 Suburban District, to PUD. Planned Unit Development, consistent with the PUD Land Use Plan date stamped received by the City on October 30. 1998. including the waivers as requested. subject to the execution of a development agreement as required by the Land Development Code. and (2) authorize the Mayor and City Clerk to execute a development agreement with the owners of the subiect property as required by the Land Development Code as recommended by staff. Motion carried 4-1. Commissioner Howell voted no. ORDINANCE No. 98-32, RELATING TO LOCATION OF ALCOHOLIC BEVERAGES. City Attorney Rosenthal read the ordinance by title only. Principal Planner Horne briefly explained the staff report and said the Commission would be able to decide, totally at their discretion, whether or not to exempt an individual project from the location requirements set forth in section 38-5. The public hearing was opened. Mr. Mohnacky asked if there are any set parameters with this legislation. Mr. Shapiro answered that this would allow the Commission to review each site plan and consider the particular circumstances and what would be in the best interest of the City. The public hearing was closed. Commissioner Anderson said he adamantly opposed this ordinance and thought there are enough establishments that sell alcohol. Commissioner Howell agreed with Commissioner Anderson and said he thought the developers were using the need for schools as a bargaining tool to get what they want. Commissioner Glass said, concerning the separation distance, the school board had not shown any inspired data showing that having alcohol sold less than 1,000 feet away from a school had 5 Ocoee City Commission Regular Meeting December 1, 1998 any adverse affect on the children. Commissioner Glass said he believed the job of regulating the morals of children belongs with the parents, and not with the City of Ocoee. Commissioner Parker said she agreed with Commissioner Glass and she would like to have the schools and be able to review the site plans on a case by case basis. Mavor Vander2rift. seconded by Commissioner Glass. moved to approve Ordinance No. 98- 32 as presented by staff. Motion carried 3-2. Commissioners Anderson and Howell voted no. Commissioner Anderson left the table. ORDINANCE No. 98-33, AMENDMENT TO POLICE OFFICERS' !FIREFIGHTERS' RETIREMENT TRUST FUND REGARDING INVESTMENT POLICY. City Attorney Rosenthal read the ordinance by title only. Finance Director Horton explained this would enable the board of trustees to invest in small and mid-cap stocks and international securities. The public hearing was opened. Mr. Mohnacky spoke about the perils of investing in the stock market. The public hearing was closed. Commissioner Glass. seconded by Commissioner Parker. moved to approve Ordinance No. 98-33 as presented by staff. Motion carried 4-0. Commissioner Anderson was not present. Commissioner Anderson returned to the table. ORDINANCE No. 98-34, REINSTATEMENT ON JANUARY 1, 1999 OF WATER RATES IN EFFECT ON JANUARY 1, 1998. City Attorney Rosenthal read the ordinance by title only and advised the Commission that Ms. Grace Dunlap, Bond Counsel for the City of Ocoee, indicated there were no bond covenants adversely affected by the proposed ordinance. The public hearing was opened. Mr. Mohnacky asked how this move would reduce water usage, and wondered if this was done for the Commissioners' benefit. Mayor Vandergrift explained the different steps the City was taking to promote water conservation instead of using the inclined water rates. Mr. Shapiro said another City had taken the same stand and had found better results. Mr. Shapiro added he resented Mr. Mohnacky's remark concerning the Commission. The public hearing was closed. 6 Ocoee City Commission Regular Meeting December 1, 1998 Commissioner Howell. seconded by Commissioner Parker. moved to approve Ordinance No. 98-34 as presented by staff. Motion carried 5-0. ORDINANCE No. 98-35, RECREATING TRI-CITY AIRPORT AUTHORITY. City Attorney Rosenthal read the ordinance by title only. This was a redrafting of the original Ordinance enacted in 1968, creating the Tri-City Airport Authority. The public hearing was opened, and as no one wished to speak, was closed. Commissioner Glass. seconded by Commissioner Anderson. moved to approve Ordinance No. 98-35 as recommended by staff. Motion carried 5-0. OTHER BUSINESS CAPITAL IMPROVEMENT REVENUE BOND ISSUE SERIES 1999. Finance Director Horton listed 5 Capital Improvement Projects needed to meet the demands of the City's continued growth, and said the cost for these would be $4,800,000. She said the financing team had determined these improvements could be achieved through restructuring the current debt and that they were present to answer any questions. Mr. Mark Galvin, First Union Capital Markets, said the interest rates are extremely favorable and was hoping there would be a lull after the first of the year that the City could profit from. Mayor Vandergrift said he would like to see grant money to go along with this bond money. Mr. Shapiro said the final resolution would probably say "and other municipal needs," this would allow the Commission to approve projects later. There was discussion concerning the spending time limit within three years. City Attorney Rosenthal read Resolution No. 98-18 by title only. Finance Director Horton requested a special meeting on January 28, 1999 to set the pricing for the bonds. No action was taken to set a meeting date. Commissioner Glass. seconded by Commissioner Parker. moved to approve staff recommendation; i.e.. (1) approve the Proposed Projects. (2) approve the Proposed Financing Plan and Timetable. (3) authorize the Financing team to: apply for Bond Insurance and Ratings. and prepare necessarv documents for future commission approval. (4) designate Mayor with Authority to Deem Preliminary Official Statement Final. and (5) adopt Resolution 98-18. Motion carried 5-0. ApPOINTMENTS TO BOARDS EDUCATION COMMISSION - The recent resignation of Ms. Karen Drolet left a vacancy on the board effective November 17, 1998, with her term expiring August 2000. Commissioner Glass. seconded by Commissioner Parker. moved to move up the first alternate. Mr. Jeffrey Morin. to serve as a regular member. term to expire August 2000. Motion carried 5-0. 7 Ocoee City Commission Regular Meeting December 1, 1998 STAFF REPORT City Attorney Rosenthal asked for a Special Closed Session on December 8, 1998 at 7:30 p.m. in the Commission Conference Room concerning a final judgment in connection with foreclosure of a Code Enforcement Board Lien against Dean Harper, Inc. Mayor Vandergrift said without objection so called. COMMENTS FROM COMMISSIONERS Commissioner Parker: 1) Said she received an e-mail from Mr. John Cooper who would like the Commission to consider a Technology Advisory Board especially considering the upcoming Y2K possible problems. Mayor Vandergrift suggested he submit a synopsis to Information Systems Manager Tartar to look at. Mr. Shapiro said that Mr. Cooper and Mr. Tartar. who accounted for of all the City's Technological Systems. should get together to discuss the City's situation. Mayor Vandergrift said he would like to see what type of ordinance other cities had passed concerning this issue. Commissioner Glass: 1) Asked what had progressed on the proposed mini-storage site in the Windermere Groves area. City Attorney Rosenthal explained the results of the meeting he had with the developers reviewing the City's policies on sewer and water systems, but they had not pursued anything further. Mr. Shapiro said he had not heard anything more from the developers since that meeting either. Commissioner Anderson: 1) Wished Mrs. Watts a quick recovery also. 2) Wanted to send blessings and get well wishes to Pastor Lance Laird, of the First Baptist Church in Ocoee, who had surgery recently. Commissioner Howell: 1) City Manager Shapiro stated that there had been calls concerning a fish kill in Starke Lake and explained that this was caused by an algae that grows during the change of seasons. He also added the Fish and Game Commission checked the lake and stated that Starke Lake is a good lake. 2) Asked if they had started the construction on the Beech Recreation Center. Mr. Shapiro said they had started clearing the land and in two weeks would go over to work on the parking lot at Bulldog Field. Mr. Shapiro said that there was a possibility that it would be finished in time for Little League Season. 3) Said vehicles had been tearing up the grass along A.D. Mims Road on the north side along the railroad tracks and asked who owned the property. Mr. Shapiro said 30' of the right-of- way there was owned by the railroad who in the past had not been cooperative but they could try to contact them. Commissioner Howell said he would like to see signs posted. Mr. 8 Ocoee City Commission Regular Meeting December 1, 1998 Shapiro said that they could post signs on the small portion of land owned by the City but it would not look very good. Mavor Vandergrift: 1) Asked how soon the bids for the resurfacing of A.D. Mims Road would be let out and proposed tying in some of the smaller streets with this. Mr. Shapiro said he would send a memo addressing these questions to Mr. Shira. because he was not present at this meeting to respond. 2) Asked when they would start on the Beech Recreation Center. Mr. Shapiro said it was started Tuesday December 1. 1998. 3) Inquired if the south drain well had been shut down yet. Public Works Director Smith said it had been shut down on Monday. 4) Said the grass had not been cut at Starke Lake. Public Works Director Smith said they had started on it. 5) Said Ms. Shirley Whitaker, 109 Anderson Place, had trouble getting the Post Office to deliver her mail because of deep sand on her road and asked someone to take a look at it. Public Works Director Smith said they would look at it. 6) Said that State Representative Randy Johnson was looking for office space and thought it might be conceivable to offer space here at City Hall. Mr. Shapiro said there was nothing available to offer. but maybe after the Police Department moved there might be space. 7) Talked about a Partnering Program with the University of Central Florida and a meeting scheduled for January 13, 1999. He reviewed his handout given to the Commissioners and City Manager stating the tentative outline and needs for the presentation at this meeting. He asked for assistance from staff. Mr. Shapiro suggested that he and Mayor Vandergrift have a meeting to best suit the requirements for this presentation and the availability of staff members to assist the Mayor. After some discussion, Commissioners Anderson and Howell stated they would be interested in this project also. Mayor Vandergrift said he would contact Mr. Shapiro's office to set up a meeting. ADJOURNMENT The meeting was adjourned at 9:40 p.m. Attest: APPROVED: , " :-"- c7 -So Scott Vandergrift, Mayor /-.; 9