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HomeMy WebLinkAbout03-21-95 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR '-' MEETING HELD MARCH 21, 1995 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commISSIOn chambers. Commissioner Foster delivered the invocation. Boy Scout Troop 197, under the leadership of Scout Master Leon Terry, presented the colors and, after posting the colors, led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Recreation Director Beech, Building Official Flippen, Planning Director Wagner, Police Chief Mark, Personnel Director Psaledakis, Concurrency Analyst Resnik, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS Donation to Recreation Department - Mary White, NELCO Central. Mrs. Mary White, owner of NELCO Central, presented a check in the amount of $1613.00 to '-" Recreation Director Beech. The donation represented the results of a dart tournament held on March 5 to benefit the Recreation Department and was intended for use in furnishing equipment for the new recreation center. Mr. Beech presented Mrs. White a plaque in appreciation for her efforts on behalf of the children of Ocoee. NON-AGENDA ITEM - LIONS CLUB PRESENTED CENTRAL FLORIDA FAIR MANAGER'S TROPHY Mr. Mike McEvers, President of Ocoee Lions Club, introduced other Lions present, then explained that the Lions Club prepares the display for the City of Ocoee at the Central Florida Fair each year, consistently winning first place. Mr. McEvers presented the Managers Trophy, which they won as well this year, to the City. Mayor Vandergrift and Commissioner Johnson (also a Lion) accepted the trophy for the City. PROCLAMATIONS Mayor Vandergrift read proclamations proclaiming Law Day, May 1, 1995 and Know Your Neighbor Month - April. CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Gleason. seconded by Commissioner Glass. moved to approve and accept the consent al!enda as presented. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Re~lar Meetinl: held March 7. 1995. ~ Ocoee City Commission Regular Meeting ~ March 21, 1995 B. Acceptance and Approval of Reflections Unit I - Developers and Homeowners Association A2I"eement for Upf1faded Street Li~hts. COMMENTS FROM CITIZENS/PUBLIC Former Commissioner Combs, 310 Sabinal Street, expressed dissatisfaction with the audio/visual system as it has been operated since being in the new building, and also with the art on display in City Hall. Ms. Patty Dunford, 968 Hawthorne Cove Court, asked that the sign ordinance be revised as she felt it was unfair that citizens are not allowed to display garage sale signs but yet are required to look at political signs for a long time. City Manager Shapiro responded that several staff members have been reviewing the issue and, after discussing it with them on Thursday, he will come back with a date for the proposed revision. Commissioner Gleason said he had asked for a revision to the sign ordinance some time ago due to the developers/realtors signs and, depending on Mr. Shapiro's report, may ask for a workshop or discussion soon. ~ PUBLIC HEARINGS ORDINANCE No. 95-08, DESIGN-BUILD YOUTH MULTI-PuRPoSE RECREATION CENTER. This ordinance was presented by title only for the second reading and public hearing. Administrative Services Director Beamer gave the staff report. The public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, mentioned a state or federal plan to save cities money by having plans available for their use and asked if the program was still in effect. Ms. Beamer advised that it is still in effect, but the plan must have a reuse clause. However, when a wall is moved or a room is changed it is no longer in a reuse mode. The public hearing was closed. There was a discussion about the location of the site or alternate site, and Commissioner Gleason moved to table the ordinance until Commission has had an opportunity to review alternate sites and debate before going out to hire a Design Criteria Professional. After it was clarified that the ordinance puts Commission in a position to hire or not hire a Design Criteria Professional but does not obligate them, Commissioner Gleason withdrew his motion. Commissioner Foster. seconded by Commissioner Johnson. moved to adopt Ordinance No. 95-08. related to Desie:n-Build Youth Multi-Puroose Recreation Center. as presented and authorize Mayor and City Clerk to execute. Motion carried 5-0. '-" 2 Ocoee City Commission Regular Meeting "-'" March 21, 1995 Commissioner Gleason. seconded by Commissioner Glass. moved to have alternate sites broul!ht back before Commission within 30 days and before proceedinl! with hirinl!. Motion carried 4-1 with Commissioner Johnson votinl! no. MAYOR VANDERGRIFT ANNOUNCED THE PHONE NUMBER FOR TV AUDIENCE TO CALL IN QUESTIONS. ORDINANCE No. 95-09, LIMITING CONSTRUCTION HOURS. This Ordinance was presented by title only for the second reading and public hearing. Building Official Flippen gave the staff report and explained that this will provide citizens some hours of peace and quiet after normal working hours and on weekends and holidays. The public hearing was opened. Mr. R. P. Mohnackyasked if this ordinance pertains to new development only. Mr. Flippen said this applies to working with construction that requires a building permit, not painting or repairs to a person's home. Mrs. Nancy Reilly, 1335 Olympia Park Circle, expressed concern about noise in neighborhoods and told of a pump running in her neighborhood that she reported. Mr. Shapiro advised that sound buffers can be required. "-' The public hearing was closed. Commissioner Foster expressed concern that the ordinance would affect the new mall and he felt it was imperative to permit them to do what is necessary to open in October. Mr. Jim Grant, Homart Development Co., thanked Commissioner Foster for his concern but said he expected that 7:00 a.m. to 9:00 p.m. would provide sufficient time for the workers to finish by the scheduled date. Commissioner Glass noted that neither "construction related activities" nor "routine household maintenance" were defined and said a noise ordinance would more readily serve the purpose intended. Mr. Shapiro said that the noise was not considered the only problem, that the transporting of things in and out of the area was a valid concern as well. Mr. Daniel Coleman, 112 Hercules Court, said it was not the construction that was a problem, but rather the worker that arrives at 7:00 a.m. and turns up Led Zeppelin. ~ 3 Ocoee City Commission Regular Meeting ~ March 21, 1995 Mayor Vanderlffift. seconded by Commissioner Gleason. moved to adopt Ordinance No. 95- 09. relatinl! to limitations on construction and construction related activities. and authorize Mayor and City Clerk to execute. Motion carried 5-0. RECESS 8:35 P.M. TO 8:45 P.M. OTHER BUSINESS LAKE OLYMPIA SQUARE - FAST FOOD. City Attorney Rosenthal reviewed the staff report, giving the history of the approval of Lake Olympia Square - Land Use/Preliminary Subdivision Plans, and the supplemental material distributed which consisted of letters from James A. McNabb, Jr., with Trickel, Leigh & Mann, P.A., representing Lake Olympia Square. The Plan was approved on May 17, 1994 by the City Commission subject to Condition No. 22 which imposed restrictions on the proposed out-lots: ". . . Proposed used may include "full Service, sit down" restaurants, banks and other permitted uses under the C-2 zoning. "Fast Food" restaurants are hereby specifically prohibited." Since that date correspondence between Mr. Ronald Henson, Design Service Group, and staff regarding the definition of fast food restaurants and whether McDonald's is considered a fast food restaurant had taken place. Mr. Rosenthal, after outlining the issue, said that it ultimately goes back to a need to clarify what was intended at the time Commission considered Lake ~ Olympia Square-Land Use/Preliminary Subdivision Plans with reference to fast food restaurants. Mr. James McNabb, speaking for Lake Olympia Square, after a lengthy presentation, said that the argument was not whether they had agreed to no fast food but rather the definition of fast food. Mr. Ronald Henson, project engineer, said he has been involved with the project since the beginning and a major concern of staff had been traffic generation. He said that McDonald's is proposing a building matching the architectural design of Lake Olympia Square, but twice the size of their usual buildings with twice the seating. They would have a drive through as an auxiliary use. Commissioner Gleason expressed concern that a letter was sent out defining fast food without first consulting with Commission. Commissioner Johnson quoted page 3 of Mr. Rosenthal's memo regarding defining McDonald's as a fast food restaurant. Commissioner Glass said there was no ambiguity, as a full service restaurant provides a waiter who takes the order, brings the food, and cleans up; and he said he has never left a tip at a McDonald's for such service. '-" 4 Ocoee City Commission Regular Meeting ~ March 21, 1995 Planning Director Wagner noted that, in the May 17, 1994 meeting, staff's position was to limit the outlots and they came into the meeting with a plan showing an additional outlot than the staff wanted. Note 22 was added by the developer to the best of his recollection. The following citizens spoke to the issue: <> Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, said McDonald's can be considered both full service and fast food. <> Mr. Daniel Coleman, 112 Hercules Court, was for full service only. <> Mr. Lewis Dundas, no address given, reviewed history and was not in favor of fast food. <> Mr. Gary Hall, Lake Olympia Club, expressed concern about what they may do a year from now. <> Telephone question asking how McDonald's and Hardee's were classified in the building permits. Buildine Official Flippen responded. "restaurant. " '-' <> Mr. Steve Martyniuk, 153 Hercules Court, spoke against McDonald's. <> Ms. Pamela Burke, Lake Olympia Club, said she attended May meeting and no one misunderstood the intent of Commission at that time. Mr. Rosenthal said that, as a participant in the staff response to Mr. Henson's question regarding McDonald's and the definition of fast food, they had made an effort to fit the definitions in the Land Development Code and the definition in the Code would not fit. He said it was staff's job to support the City Commission but they had not at that point. As soon as it was pointed out to them they notified Mr. McNabb and Mr. Henson. He expressed regrets that their action brought the Commission to this position. Commissioner Foster spoke against the argument and in favor of McDonald's. He said that if a person purchases a house near a major intersection they should expect development at that intersection. Commissioner Gleason. seconded by Commissioner Johnson. moved to hold firm to the decision of May 17. 1994 and turn down the reauest for reconsideration of the matter rel!ardinl! a fast food restaurant in Lake Olympia Sauare. Motion carried 4-1 with Commissioner Foster votinl! no. ........ 5 Ocoee City Commission Regular Meeting ~ March 21, 1995 RECESS 10:15 P.M. TO 10:20 P.M. FuND DISTRIBUTION - Boy SCOUTS/GIRL SCOUTS. (This item was considered after Agenda Item VI F - Naming of City Parks, but is recorded here for clarity.) Mr. Shapiro gave the staff report. Commissioner Foster. seconded by Commissioner Johnson. moved to make the checks to each of the 7 or 8 troops/packs that are desil!nated as located in Ocoee for their specified sums with the stipulation that the money l!0 to the troop and not the headouarters. Motion carried 5-0. Commissioner Gleason. seconded by Commissioner Johnson. moved to amend the motion by askinl! the l!irl scouts to provide the same information rel!ardinl! the location of the scouts as the boy scouts provided and instruct staff to proceed when the information comes in. Motion carried 5-0. ~ LAKE LOTTA MALL PUD FINAL SUBDMSION PLAN/FINAL SITE PLAN PROCESSING AGREEMENT . (This item was considered immediately following the Lake Olympia Square - Fast Food item.) City Attorney Rosenthal reviewed his memorandum dated March 15, 1995 which highlighted the provisions in the proposed agreement to allow the processing in incremental portions of a final subdivision plan and/or final site plan. Mr. Jim Grant, Homart Development Co., was present but had no comment. Mayor Vanderlffift. seconded by Commissioner Glass. moved to approve the proposed Lake Lotta Mall PUD Final Subdivision Plan/Final Site Plan Processinl! Al!reement and authorize execution thereof by the Mayor and City Clerk. subiect to Ordinance No. 95-02 becominl! effective. Motion carried 5-0. LAKE LOTTA MALL CLEARING, GRUBBING, EROSION CONTROL AND MAss GRADING PLANS, A PORTION OF THE FINAL SUBDMSION/SITE PLAN. Mr. Jim Grant said that he plans to start this phase on April 10. Planning Director Wagner pointed out that the DRC recommendations have been incorporated into the plans. Commissioner Glass. seconded by Commissioner Foster. moved to approve the Lake Lotta Mall Clearinl!. Grubbinl!. Erosion Control and Mass Gradinl! Plans. beinl! a portion of Final Subdivision Plans for Lake Lotta Mall PUD as date stamped bv the City on March 15. 1995. with consideration of the recommendation of the Planninl! and Zoninl! Commission to revise note 20 on Sheet 1 to prohibit construction vehicles from accessinl! Clarke Road and/or the proiect site from White Road. Motion carried 5-0. '-' 6 Ocoee City Commission Regular Meeting ~ March 21, 1995 LAKE BENNET CENTRE TRANSPORTATION CAPACITY RESERVATION CERTIFICATE. Capital Projects/Concurrency Analyst Resnik presented the staff report indicating that this is an application for Transportation Capacity Reservation Certificate for Lots 1, 3, 4, 6, and 8 of Lake Bennet Centre with Special Conditions. She noted the City Attorney's Opinion dated March 15, 1995 indicating that "... the City may issue a Transportation Capacity Reservation Certificate for a commercial project prior to issuance of a Final Certificate of Concurrency, subject to the following conditions: (i) the Developer must submit an application for a TCRC; (ii) the project must have received Preliminary Plan approval; (iii) a Final Certificate of Concurrency must be obtained and a Final Site Plan approved for each lot prior to issuance of a building permit for development of such lot; and (iv) special conditions applicable to the particular project should be attached to the TCRC and those conditions should be approved by the City Commission prior to the TCRC becoming effective." Commissioner Glass. seconded by Commissioner Johnson. moved to approve the issuance of the Transportation Capacity Reservation Certificate with the Special Conditions as outlined and '-" authorize the Mayor and City Clerk to execute. Motion carried 5-0. DISCUSSION/AcTION TO NAME CITY PARKS. Recreation Director Beech asked for direction regarding the naming of several parks. After discussion Mayor Vandere:rift. seconded by Commissioner Foster. moved to name the parks accordinl! to street or location. Motion as amended by two amendments followinl! carried 5-0. Commissioner Glass. seconded by Commissioner Johnson. moved to amend the motion to officially name Palm Drive Park and Silver Glen Park and establish a policy of preference in naminl! parks accordinl! to location. Motion for this first amendment carried 5-0. Commissioner Foster. seconded by Commissioner Glass. sUl!l!ested amendinl! the motion to include the name Central Park for the park at the Youth Center on Flewellinl! Street and Russell Drive Park for the park on Peach Lake. Motion for this second amendment carried 5-0. Mr. Beech was directed to determine a name for the park at Johio Shores which is intersected by several roads. **IT WAS AT THIS POINT THAT THE AGENDA ITEM CONCERNING BOY/GIRL SCOUTS FUND DISTRIBUTION WAS CONSIDERED. For clarity the action taken is recorded at its normal place on the agenda. ** ~ 7 ........ Ocoee City Commission Regular Meeting March 21, 1995 DISCUSSION OF PuRCHASE OF UHF RADIO EQUIPMENT FROM CITY OF WINTER GARDEN. Mayor Vanderlffift. seconded by Commissioner Johnson. moved to purchase radio eauipment from the City of Winter Garden. as proposed by City Manal!er Shapiro. at a cost of $2.948. Motion carried 5-0. APPOINTMENTS TO BOARDS. General Employees' Retirement Trust Fund Board - Mickey Shiver resigned - term expires October 1995. Tabled from February 21 and March 7, 1995. Commissioner Johnson. seconded by Mayor Vanderlffift. moved to appoint former Mayor Lester Dabbs to complete Mickey Shiver's unexpired term on the General Employees' Retirement Trust Fund Board. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Foster: No comments at this time. Commissioner Glass: 4) Thanked City Manager Shapiro, Chief Mark, Officer Conyers, and Mayor Vandergrift for attending the Pioneer Key Park II meeting on Monday night. He handed a notebook and other material to City Manager to be passed on to staff members. Announced an art exhibit and reception for West Orange Arts and Historical Association on Sunday, April 2, from 1 p.m. to 5 p.m. at City Hall. Said he has the utmost respect for Commissioner Foster, but he felt it was inappropriate for Commissioner Foster to imply that he acted on the basis of political expediency this evening. Commissioner Foster said he was just trying to urge people to not be persuaded by political expediency. Asked about bus ridership. Mayor Vandergrift said when he met with Paul Skoutelas yesterday he reported that Ocoee is meeting or exceeding the expectations and that an official report will be presented in several weeks. '-" 1) 2) 3) Recreation Director Beech asked permission to interrupt commission remarks to correct a statement he had made earlier in the meeting. He apologized to Mr. Vignetti, his family and friends for saying that Mr. Vignetti was deceased, as that was not so. ~ 8 "-" Ocoee City Commission Regular Meeting March 21, 1995 '-' Commissioner Gleason: 1) Asked if the issue of providing benches could be revisited now that the bus service is active. City Manae:er Shapiro said he could l!et some prices and put some up. but until the ordinance is changed it would be illegal for advertising to be on the benches. 2) Asked if it would be possible to waive the fees for the West Orange Service Center as was done for the churches in the past. Mr. Shapiro said it would be discussed Thursday with the attorney and a report will be made. 3) Noted that Starke Lake has dropped dramatically in relation to the other lakes in the area, and asked if the drains are still open. Mr. Shapiro said he will have a written report on that. Mayor Vandergrift said there was a 2 x 10 standing in the drain waiting to go down it, and he suggested draining Lake Olympia into Starke Lake. Mr. Switzer, from the audience, said that this would not be possible because Lake Olympia is lower than Starke Lake. 4) Asked that Code Enforcement make a sweep of the all the developments and check into the high grass and weeds, particularly debris dumped at lot 5, Rose Mist Court. 5) Said he was approached about the Bluford Ave/Silver Star Road intersection and the lack of a button cross walk to enable pedestrian crossing east and west. Mr. Shapiro said that he will initiate the communication with the state to get approval. 6) Asked for a report on the City's investment of surplus funds. 7) Noted that there was a hurricane conference scheduled in Tampa as well as Atlantic City and wondered why the group did not attend the one closer to home. Mr. Shapiro said that the County is allowing our emerl!ency management team to go to the FEMA meeting in Ouantico free. There are buildinl! code issues covered at the Atlantic City conference that will not be covered at Tampa. Commissioner Johnson: No comment at this time. Mayor Vandererift: 1) Reported a problem with the drainage on Center Street that needs to be addressed, as a recent rain severely affected the homes on Silver Star Road because of the retention ditch which needs attention. 2) Wants the parking lot lights in the old police parking lot to be lighted. 3) Said that the Planning and Zoning Commission has requested a work session and asked for one to be scheduled. Mr. Shapiro will direct his secretary to coordinate the meeting date. Mayor Vanderlffift. seconded by Commissioner Gleason. moved to have a ioint workshop with the Planninl! and Zoninl! Commission to be coordinated by Fran Gosnell. Motion carried 5-0. 4) Suggested having sponsors provide food and volunteers to prepare a meal/cookout for the volunteer boards. Commissioner Gleason recalled that this was to be considered at midyear budget. ~ 9 Ocoee City Commission Regular Meeting ~ March 21, 1995 5) Announced that the Little League opening ceremonies will be shown on Cable 16 following this meeting. 6) Announced that the phone-in system during the meeting was to receive questions from the public that Commission could respond to and not for citizens to vent with unpleasant comments. ADJOURNMENT The meeting adjourned at 11 :21 p.m. APPROVED City of Ocoee / ~- :;';-:tt 1-I<M.t~1/t:- S. Scott Vandergrift, Mayor Attest: '--' ~ 10