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HomeMy WebLinkAbout07-18-95 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD July 18, 1995 '-" CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers. Commissioner Foster led in the prayer and Mrs. Hilda Ems 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, Planning Director Wagner, Building Official Flippen, City Engineer/Utilities Director Shira, Concurrency Analyst Resnik, Special Counsel (for the Heller Bros. item) Carole Barice, and City Clerk Grafton. ABSENT: None \... PRESENTATIONS AND PROCLAMATIONS TURNPIKE TOLL COLLECTION CHANGE TO COIN SYSTEM Mr. Steve Pustelnyk distributed a handout to Commission showing the details of a change from the ticket system to coin system for collecting toll fees on Florida's Turnpike and explained the transition which is already in progress. In response to Mayor Vandergrift's comment that a south exit connecting with the East/West Expressway and Ocoee was needed, Mr. Pustelnyk said that a feasibility study would have to be done, and if the City has a strong desire for this, Staff should be directed to contact their staff to work on it. CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Foster. seconded by Commissioner Glass. moved to aoorove the consent a2enda as oresented. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Re~lar Meetinl: held July 5. 1995. B. Acceptance and Approval of West End Professional Park Unit 1 Final Plat. COMMENTS FROM CITIZENS/PUBLIC Mr. Gary Hood, 2028 Hedgerow Circle, representing the Ocoee Junior League All-Stars (winners of the district championship), asked for financial support to take the team to Tampa for further competition in the sectional tournament. After introducing those team members who were present, Mr. Hood advised that their playing schedule will start Saturday at Gibsonton and they would play Sunday as well. Mr. Hood asked City Manager Shapiro if the City would mow the practice field for at least one more week as they are three tournaments away from going to the world series, and Mr. Shapiro agreed to have that done. Mr. Hood asked for the use of the recreation bus and Mr. Shapiro declined because of the insurance. Mr. Hood asked that the City set aside money in future budgets for the Little League and football programs when they accomplish so much in the tournaments. Mavor Vandere:rift. seconded by Commissioner Johnson. first moved to 2ive $200. then amended the amount to $400. to offset the housin2 and food exoenses of the 2rouo for this weekend. Motion carried 5-0. \r Ocoee City Commission Regular Meeting July 18, 1995 '-" Mr. Mike McEvers, 909 Hyland Springs Drive, representing Orange County Charter Study Commission, announced that their public hearings will be held soon and he asked permission to use the Commission Chambers for some of the hearings. Commissioner Gleason. seconded by Commissioner Glass. moved to direct Staff to coooerate with the Oran2e County Charter Study Commission to make the Commission Chambers available for the oublic hearin2s. Motion carried 5-0. PUBLIC HEARINGS RESOLUTION No. 95-09, VACATING AND ABANDONING A PORTION OF MAINE STREET - ZOM LAKE BENNET, LTD. The resolution was presented by title only. Planning Director Wagner displayed two maps on the overhead showing the proposed vacation as a portion of Maine Street situated just west of what would be the extension of Blackwood Avenue. Mr. Wagner noted that in the area there is a jurisdictional wetland and a one hundred year flood plain where the Comprehensive Plan shows a road, and that renders a portion of the proposed road unnecessary. The developer has curved the road around the wetland in accordance with the Code and he will use a portion of that area in his final plan for a retention area, which is the basic purpose behind the vacation. Staff has reviewed the plan and determined that the road is not necessary in that area, and that the proposed plan is sound both from an engineering and a planning standpoint. Mr. Wagner reported that none of the utility companies have expressed any concern; however one objection '-" was raised by an adjoining property owner (Kazaros) on the east who was concerned that the extension of Maine Street would prevent him from having access. Mr. Wagner said that there are three opportunities for access from that property with the proposed vacation. The public hearing was opened. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked which part is being closed and Mr. Wagner pointed out the location on the map again and explained that it was just a paper road. Miss Ruth Grafton, speaking for the Ocoee Historical Commission, said that Maine Street and Richmond Avenue are being researched at this time for historical significance and asked that they be notified of any activity in that area. Mr. Jim Slater, Broad and Casell Law Firm, representing ZOM, Lake Bennet, Ltd., said the Kazaros' objection does not address the vacation of Maine Street, but rather the alignment of Blackwood Street which was done months ago to avoid the wetland. He assured Commission that there would be adequate access to/from their property. The public hearing was closed. "-' 2 Ocoee City Commission Regular Meeting July 18, 1995 '-' Mavor Vandere:rift. seconded by Commissioner Johnson. moved to aoorove Resolution No. 95-09 vacatin2 a 434' portion of Maine Street as identified in the ZOM Lake Bennet. Ltd. aoolication. subiect to the reservation of a draina2e and utility easement across the north 30' of the vacated roadway. Motion carried 5-0. ORDINA1~CE No. 95-19, APPROVING REVISIONS TO THE LAND USE PLAN FOR LAKE LOTTA MALL PUD RELATING TO BUILDING HEIGHTS, PARKING SPACE SIZE, AND NAME CHANGE. The ordinance was presented by title only for the second reading and public hearing. Planning Director Wagner explained that because this project is part of a PUD the requested change must be made by ordinance. He presented the three items of concern and stated that Staff recommends approval: (1) Portions of the habitable building go up to 52' and other uninhabitable portions to 72'. Staff believes the changes are in keeping with a regional mall, but have included a provision that the developer assure that there are no adverse effects on surrounding properties due to the glass. (2) A change in parking space sizes from the previously approved 18' x 9' to 14' x 9' (really 16' x 9' due to the 2' overhang into the linear landscaped islands). (3) A change in the name from Lake Lotta Mall to West Oaks Mall. The public hearing was opened. '-" Mrs. Gretchen Jacobs, 9127 Queen Elizabeth Court, Orlando, 32818, expressed concern about the height and glass and wanted to ensure that the glass used would not cause glare or light from the structure. The public hearing was closed. Commissioner Gleason noted that Mrs. Jacobs had made a request at an earlier meeting regarding the relocation of trees and asked if that has been formalized. Mr. Wagner responded that it will be handled in the plan. Commissioner Gleason. seconded by Commissioner Foster. moved to enact Ordinance No. 95- 19 as recommended by Staff: Le.. to amend the Lake Lotta Mall PUD Land Use Plan as soecified in the followin2: 1. Condition of Aooroval #6 to be amended to read as follows: "Buildin2 Hei2hts - Buildin2 Heights will not exceed fortY five feet for structures constructed on any outDarcel: orovided. however. that structures within the mall buildin2 itself may reach a maximum hei2ht of 1) 52 feet for any portion of the buildin2 used for human occuoancv and 2) 72 feet for any portion of the buildin2 not used for human occuoancy. Any li2ht emanatin2 from buildin2 oroiections exceedin2 52 '-' 3 Ocoee City Commission Regular Meeting July 18, 1995 ~ feet in hei2ht shall be desi2ned to orevent adverse 2lare from affectin2 surroundin2 orooerties. " 2. Waiver No.1 of the list of "Waivers from Land Develooment Code Reauested by the Develooer" to be amended by addin2 the followin2: "Parkin2 soaces adjoinin2linear landscaoed islands may be reduced in size to 9' x 14' where a 2' bumoer overhan2 is orovided. These soaces will not be labeled in any way to restrict their use to comoact cars only. " 3. The oroject name "Lake Lotta Mall PUD shall be amended to be "West Oaks Mall PUD." and all oroject olans and documents submitted hereafter to the City shall utilize this name: orovided. however. that this name chan2e will not auoly to the Lake Lotta Mall DR! or any documents uertainin2 thereto. Motion carried 5-0. OTHER BUSINESS WEST OAKS MALL PUD. (F/K/A LAKE LOTTA MALL PUD) FIRST AMENDMENT TO DEVEWPMENT AGREEMENT. City Attorney Rosenthal explained that Ordinance 95-19 just adopted amends the Land Use Plan for the Lake Lotta Mall PUD and in order to for the Development Agreement between the City, Homart Development Co. and Lake Lotta, Ltd to be consistent with the revised Land Use Plan this proposed first amendment is necessary. ~ Commissioner Gleason. seconded by Commissioner Johnson. moved to aoorove the First Amendment to Develooment A2reement (West Oaks Mall PUD) between Homart Develooment Co. and the City. authorizin2 execution thereof by the Mayor and City Clerk. Motion carried 5-0. REVISED PROCESSING AGREEMENT. City Attorney Rosenthal noted the higWights of the changes between the current agreement and the revised agreement, pointing out that this revision provides for the approval of certain additional plans and the issuance of building permits prior to approval of the Final Subdivision Plan and the Final Site Plan for the mall. He pointed out also that Homart is proceeding at its own risk. Administrative Services Director Beamer clarified several points. Mavor Vandere:rift. seconded by Commissioner Glass. moved to aoorove the Revised West Oaks Mall PUD (f/k/a Lake Lotta Mall PUD) Final Subdivision Plan/Pinal Site Plan Processin2 A2reement between the City and Homart Develooment Co. and authorize execution thereof by the Mayor and City Clerk. Motion carried 5-0. SECOND INCREMENTAL PORTION OF FINAL PLANS A PORTION OF FINAL SUBDIVISION PLAN FOR WEST OAKS MALL PUD INCLUDING PAVING & UTILITIES, LANDSCAPE & IRRIGATION AND SIGN CRITERIA PLANS. '-' 4 Ocoee City Commission Regular Meeting July 18, 1995 ~ City Attorney Rosenthal explained that the documents approved just prior to this item put the City and Developer in a position to consider the Final Plans in increments. Planning Director Wagner said that this is the main approval of the mall and that Staff has reviewed the plans at length. He said that the changes requested by DRC were made before presentation to Planning and Zoning Commission, and that Commission unanimously recommended approval. Staff also recommends approval as submitted. (Mayor Vandergrift and Commissioner Glass left the dais at this point in the presentation.) Mayor pro tern Johnson opened the public hearing. Mrs. Jacobs expressed concern that the trees near the wall next to their homes in Rose Hill should be the kind that will not lose their leaves. She said they also wanted to be sure that the 5 homes with higher elevation would be protected as much as possible. Mr. Jim Grant, Homart Development Co., said he was aware that Mrs. Jacobs had been moving trees around on the plan and their intent was to cooperate as much as possible. (Mayor Vandergrift and Commissioner Glass returned to the dais.) Mr. Grant introduced Mr. Rob Ryan, landscape artist, who gave a thorough overview of the '--' landscaping plan. Following a discussion about the use of plants, Commissioner Foster. seconded by Commissioner Johnson. moved to aoorove the Pavin2 & Utilities. Landscaoe & Irri2ation and Si2n Criteria portion of the Final Subdivision Plan of Lake Lotta Mall PUD (West Oaks Mall) as date stamoed received bv the City on July 6. 1995. Motion carried 5-0. A PORTION OF FINAL SITE PLAN FOR LOTS 1, 2, 3, 4 & 5 OF WEST OAKS MALL PUD INCLUDING PAVING & UTILITIES, LANDSCAPE & IRRIGATION AND SIGN CRITERIA PLANS. Commissioner Foster. seconded by Commissioner Glass. moved to aoorove the Pavin2 & Utilities. Landscaoe & Irri2ation and Si2n Criteria portion of the Final Subdivision Plan of Lots 1. 2. 3.4. & 5 of Lake Lotta Mall PUD (West Oaks Mall) as date stamoed received by the City on July 6. 1995. Motion carried 5-0. RECESS 9:20 P.M. TO 9:38 P.M. Upon calling the meeting back to order, Mayor Vandergrift acknowledged Mr. and Mrs. Ems who were awarded a certificate for "Super Sleuthing" by the Attorney General, and then made the following announcements: '~ 5 Ocoee City Commission Regular Meeting July 18, 1995 '~ 1) Hurricane guide maps for the public have been placed on the receptionist's counter in the lobby, provided by the Jaycees as a public service. 2) Craig Shirgold, 7 year old boy in Keene, N.H. is dying from an inoperable brain tumor and has asked for one million get well cards to be sent to him by August 15 so he can make the World Book of Records before he dies. Address: c/o Children's Wish Foundation 32 Perimeter Center East Atlanta, Georgia 30346 3) Sponsors and donations for Josh Lewis, excellent student and athlete, are being requested by Clinton Lott and Kevin Wiedecker, 3100 Old Winter Garden Road #412, Ocoee, to enable him to attend the National AAU Jr. Olympic Championships to be held in Des Moines, Iowa August 1-5. DISCUSSION TO SET PuBLIC HEARING DATE TO DISCUSS SENIOR PROGRAM. City Attorney Rosenthal briefed Commission regarding the memoranda he had sent in the past regarding the Senior Program and the legal options he had presented: \. 1) 2) 3) 4) Funding the program as in the past. Modifying the program and providing funding for a modified program. Terminating the program by repealing Resolution No. 90-06. Declining to fund the program but keeping Resolution No. 90-06 in place to allow the possibility of funding in subsequent years. Mr. Rosenthal pointed out that when the current form of the Senior Program was adopted in 1990, section 4 of the program provided that continuation of the Senior Program would be subject to annual appropriation of funds by the City Commission in accordance with applicable provisions of Florida Law and the City Charter, and also reserved the right to terminate or modify the Program at any time, with the only requirement being that any such termination or modification would be done at an advertised public hearing. Mr. Rosenthal pointed out that, as the budget workshops begin August 2, any consideration to be given to modifying or terminating the Program should be scheduled for an earlier date. He noted also that Mr. Shapiro has advised that the budget submitted by him will not include funding for the Program. However, if the Commission so directs, the funds will be placed in the budget. Mr. Shapiro added for the record "While he's absolutely correct, that's what I said, it would be 'in lieu of other.' In other words, I don't have the ability to fund the Program without taking something out, because you will be given a balanced budget. " Mayor Vandergrift asked if there had been a response to Commissioner Glass's letter to the Attorney General. Commissioner Glass said the Commission had not asked for an opinion but that he had and the correspondence from the Attorney General's office indicated that the ..... 6 Ocoee City Commission Regular Meeting July 18, 1995 ~ Attorney General has declined to issue a formal opinion until he receives a request from the majority of the Commission. He had, however, sent copies of several Attorney General opinions regarding refunding of ad valorem taxes and the unconstitutionality thereof for his guidance. Mayor Vandergrift said that he had contacted the Attorney General's office as well and was disturbed to learn that there had been an opinion that had not been distributed to the entire Commission. Commissioner Glass said that the response was to him and that with the escalation of personal feelings he had felt it inappropriate to share the response, and he pointed out that it was just a response, not an opinion. He said further that the information provided caused him to continue to believe that the Program is, as currently constructed, unconstitutional. Mayor Vandergrift distributed copies of the response to Commissioner Glass. Mr. Shapiro said that the reality of the situation is that with the Senior Program the insurance rates will be affected. He noted for the record his response to remarks that Mayor Vandergrift had made in his letter, "I don't appreciate you considering administrators attacking anything. That's our professional opinion. That's what you pay us for. You can just disregard it, but it's not an attack." '-" Stating that he would like to see this divisive issue resolved, Commissioner Foster. seconded by Commissioner Glass. moved to establish a public hearin2 to modify or terminate the Over 65 Pro2ram at the re2Ularly scheduled meetin2 of AU2Ust 1. 1995 at 7:30 O.m. Motion carried 3-2 with Mayor Vander2rift and Commissioner Johnson votin2 no. Mayor Vandergrift asked for another copy of the report on how many senior citizens had been added to/removed from the Program in April and the cost for this year. SET TENTATIVE MILLAGE RATE. City Manager Shapiro advised that in order to not raise taxes, he recommended keeping the millage at 4 mills. Commissioner Gleason. seconded by Commissioner Johnson. moved to set the milla2e at 4 mills for the tentative milla2e rate and to advise the Prooerty Aooraiser that is the prooosed milla2e rate for FY95-96. Motion carried 5-0 FIRST READING OF ORDINANCE. SECOND READING/PuBLIC HEARING SCHEDULED FOR AUGUST 15, 1995. ORDINANCE No. 95-20, REPEALING ORD. No. 95-18, OCCUPATIONAL LICENSE RECLASSIFICATIONS AND RATES AND ADOPTING NEW RECLASSIFICATIONS AND RATES. City Attorney Rosenthal announced that adoption of this ordinance is necessary to make sure there is no basis to challenge the noticing provisions of the occupational license tax, and he then read the title of the ordinance. Mayor Vandergrift announced the time and place of the second reading and public hearing. '~ 7 Ocoee City Commission Regular Meeting July 18, 1995 '-" AGREEMENT FOR FINANCIAL SERVICES. Administrative Services Director Beamer advised that First Union Capital Markets Corp. had confirmed that the terms and conditions of the agreement as included in their Expression of Interest were acceptable and they had submitted all necessary information to execute the agreement. Commissioner Johnson. seconded by Commissioner Gleason. moved to aoorove the Financial Services Consultant A2reement with First Union Caoital Markets Com. and to authorize the Mayor and City Clerk to execute. Motion carried 5-0. RESOLUTION No. 95-10, APPROVING THE TRANSFER OF THE CABLEVISION FRANCHISE TO TIME WARNER. City Attorney Rosenthal presented the resolution by title only. Concurrency Analyst Resnik advised that, although Time Warner, Inc. did not wish to have it included in the resolution, they have provided a letter guaranteeing that the connections to West Orange High School and West Side V 0- Tech allowing them to cablecast original programming from each school would be in place prior to the closing of the transaction contemplated between Time Warner, Inc. and CVI. Mr. Shapiro added that V 0- Tech will not broadcast but will need cable services so that they can have classes. (Mayor Vandergrift left the dais.) '-" Ms. Resnik said that Mr. Rick Gunter, CVI, was present to respond to questions. She called attention to a change in Section 3 item b "It shall gaaraatee performaaee of cause Franchisee to satisfy all of Franchisee's obligations...". She said that Time Warner, Inc. has promised to provide written consent to the items in the resolution. Commissioner Gleason asked for public clarification regarding an issue brought to his attention regarding a citizen who asked for service to Temple Grove and was advised by CVI that it would be a minimum of 4 months before he could get service due to this merger. Mr. Gunter said he had no knowledge of this case but that they had a commitment to serve an area where there were 50 or more homes in an area and they had always filled that commitment. Ms. Resnik said that she had contacted the manager this morning and he apologized that the person had been told 4 months and he expects that that phase will be done within 2 months. Commissioner Glass. seconded by Mavor Vandere:rift. moved to adoot Resolution No. 95-10 with the modification as auoted above. "It shall iroanmtee DeIformaaee of cause franchisee to satisfy all of Franchisee's obli2ations...". Motion carried 5-0. RECESS 10:40 P.M. TO 10:50 P.M. '-' 8 Ocoee City Commission Regular Meeting July 18, 1995 '-" Mayor Vandergrift read a question from an unidentified telephone caller asking whether the street department work would be franchised out. City Manager Shapiro responded that he did not know of anything to be franchised out this year. REVIEW AND ADoPT CAPITAL IMPROVEMENT PLAN. City Manager Shapiro presented the CIP and prepared to respond to Commission's questions on each page. At 10:55 p.m. Commissioner Johnson asked if he could make his comments at this time and be excused as he was not feeling well. His comments appear under Comments from Commissioners. The review of the CIP began with page 1 and progressed through page 12. At that point in the review, (11:55 p.m.) Commissioner Gleason asked if it were absolutely necessary to finish the CIP at this time as he was exceptionally weary. When it was determined that the review of the CIP could be continued until another date, Commissioner Gleason. seconded by Commissioner Glass. moved to call a Soecial Meetin2 Monday. July 31 at 7:00 O.m. to continue the review of the CIP. Motion carried 4-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Johnson: (These comments were made at 10:55 p.m. when Commissioner '-" Johnson, not feeling well, excused himself from the meeting). 1) Had received letters from Commissioner Gleason's district and announced again that the Commission had not voted to open that road. 2) Asked for any changes made in the CIP. 3) Wanted to have a time limit on the Budget Workshops. 4) Will be in Kansas August 9. ADJOURNMENT The meeting adjourned at 11:55 p.m. Attest: APPROVED City of Ocoee \. 9