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HomeMy WebLinkAbout09-19-95 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD SEPTEMBER 19, 1995 ~ CALL TO ORDER Mayor Vandergrift introduced Mayor of the Moment Steven Terrill of Spring Lake Elementary School. MOM Terrill called the regular meeting to order at 7:30 p.m. in the commission chambers. Commissioner Foster led in the prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. MOM Terrill introduced his family and school principal and conducted the early part of the meeting. CLERK'S NOTE: SEVERAL ITEMS ON THE AGENDA WERE TAKEN OUT OF ORDER FOR CONSIDERATION. FOR THE SAKE OF CLARITY THE ACTION TAKEN WILL BE LISTED IN THE ORDER THE ITEMS APPEARED ON THE AGENDA RATHER THAN THE ORDER IN WHICH THEY WERE CONSIDERED. There was a recess taken from 8:13 p.m. - 8:20 p.m. following the Girl Scout presentation. PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Personnel Director Psaledakis, Building Official Flippen, Planning Director Wagner, City Engineer/Utilities Director Shira, Concurrency Analyst Resnik, and City Clerk Grafton. ABSENT: None. '-' PRESENTATIONS AND PROCLAMATIONS LANDSCAPING THE WITHERS-MAGUIRE HOUSE FOR GOLD AWARD: GIRL SCOUT TROOP 300, CAROL McGoWIN, LEADER Mrs. McGowin's group was not present until later in the meeting. However, they arrived at approximately 8:05 p.m. at the close of citizens' comments and presented their proposal to landscape the Withers-Maguire House in order to earn their Gold Award. City Manager Shapiro advised that they probably could not begin their project until the contractor has finished with the renovation. Mavor Vandererift. seconded bv Commissioner Gleason. moved to suooort the Girl Scouts in their reauest and to direct staff to coooerate. Motion carried 5-0. The scouts were then directed to contact the Historical Commission in order to schedule their project. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, and H. Item H was pulled for separate consideration. After a brief discussion during which Chief Strosnider explained the purpose of the OPTICOM system, Mavor Vandererift. seconded bv Commissioner Glass. moved to aoorove items A. B. C. D. E. F. and G of the consent agenda as oresented. Motion carried 5-0. A. B. A~tanCe and Approval of Minutes of the Re2Ular Meetine held Septemher 5. 1995. AcceF tance and Authorization for Mavor and City Clerk to execute Development A&reement for Water Service with Lake Olympia Souare Partnership. ~ Ocoee City Commission Regular Meeting September 19, 1995 \....- C. Acceptance and Authorization for Mavor and City Clerk to execute Development A~eement for Sewer Service with Lake Olympia Square Partnership. D. Acceotance and Authorization for Mayor and City Clerk to execute Disaster Relief Fundin2 A~eement with the State of Florida Deoartment of Communitv Affairs. E. Acceptance and Authorization for Mayor and City Clerk to execute OPTICOM Interlocal Tri-County A~eement. F. Approval and Authorization to Transfer Funds for Above-Ground Tanks Emereencv Generator at Public Works Facility. G. Approval and Authorization for Mavor and City Clerk to execute Addendum No. 95-3 in the not-to-exceed amount of $35.185.05 in accordance with PEC's Proposal No. P-5073 dated September 1. 1995 regardin~ Reuse Feasibility Study and Related Permittinl! . MAYOR VANDERGRIFT ANNOUNCED THE TELEPHONE NUMBER FOR CITIZENS TO CALL IN WITH ANY QUESTIONS DURING THE MEETING. '-' H. APPROVAL AND ACCEPTANCE OF MAGUIRE ROAD CORPORATION VESTED RIGHTS APPEAL ORDER AS PRESENTED BY ATIORNEY SCOTI CLARK. This item was discussed at 8:40 p.m. Scott Clark, Attorney for Maguire Road Corporation, said he had drafted the proposed order in connection with the Appeal of Vesting Certificate No. 95-01 as directed by Commission at the last meeting. The proposed order included (1) numbers provided by the traffic engineer which reflect the traffic which could be generated by the approved uses from the commercial bases 2 and 3, (2) the change in the multi-family rate which had moved from less than 6 to 6.47 in the 5th edition of the ITE manual, (3) the change in square footage in the commercial to 107,541 sq. ft., (4) a change in paragraph 6 adding the word "substantial" in regard to changes made to the land use, (4) a section for clarification stating that, since the City was not making any finding as regards common law vested rights, they reserved the right to make application in the future if they felt it necessary on that issue, and (5) should the City change the methodology for calculating trips they intend to count the trips that their uses would generate. City Attorney Rosenthal pointed out for the record the documents provided for Commission review: (1) a memorandum from Mr. Shapiro dated September 15, 1995 entitled Maguire Road Corooration Vested Rights Appeal with a proposed recommended order submitted by Mr. Clark attached, (2) a second memorandum from Mr. Shapiro dated September 19, 1995 entitled City of Ocoee Certificate of Vestinl! No. CV-95-01 which has attached to it a letter from Mr. Clark to Mary Doty of Foley and Lardner dated September 19, 1995, the report from Transportation Consulting Group to Mr. Clark dated September 18, 1995, and the revised proposed order which supersedes the order provided in the memo dated September 15, 1995. He stated that the action taken at the September 5, 1995 meeting was "to grant the appeal and direct the applicant to bring -.... 2 '-" Ocoee City Commission Regular Meeting September 19, 1995 back a recommended order to the next Commission meeting with findings of fact and conclusions of law, which recommended order will modify the commercial square footage and the average daily trip calculations set forth in the Certificate of Vesting consistent with the evidence presented by the applicant. " Following a lengthy discussion during which an error was found in the square footage calculation, Commissioner Foster. seconded by Commissioner Glass. moved to accept and approve the proposed order submitted by Mr. Clark under the cover of his letter dated September 19. 1995 with the correction in item 3 changing the vested number to 107.541 SQ. ft. of commercial space. and authorizing execution thereof bv the Mayor and Citv Clerk. Motion carried 4-1 with Commissioner Gleason voting "no. " Commissioner Glass stated for the record, "I just want to reiterate, my position was that they did not meet their burden of proving by substantial and competent evidence. But the issue we are voting on now is whether this proposed order accurately reflects the decision of this Commission, so I will vote in favor of this." ~ COMMENTS FROM CITIZENS/PUBLIC Former Commissioner Vern Combs, 310 Sabinal Street, pointed out that Rutland Homes is advertising the homes in Admiral Pointe as being in NW Orlando and asked that the Mayor and City Manager speak to them. Mr. Combs then addressed the "Over 65 Program" and the budget. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, talked about the money to be made in recycling and suggested that the City change their current arrangements to take advantage of the market. PUBLIC HEARINGS Scom's - PRELIMINARy/FINAL SUBDIVISION PLAN. Planning Director Wagner presented the staff report and explained that Scotty's Ocoee seeks to split off a portion of their tract, and in order to expedite the review process the City is processing the Preliminary and Final Subdivision Plans concurrently. The public hearing was opened. Mr. Dennis Wood, representing Scotty's Ocoee, was present to answer any questions. He said they were in the platting process and had not been aware originally that it would be necessary to plat it to sell one piece of the parcel to someone else. Mayor Vandergrift asked about concurrency and Mr. Wood said that they had provided traffic data for approval. Concurrency Analyst Resnik said that they are proceeding at their own risk and are hoping there will be trips available for whatever use is finally chosen. '-" 3 '-' Ocoee City Commission Regular Meeting September 19, 1995 Commissioner Gleason. seconded by Commissioner Foster. moved to approve the Scotty's Ocoee Preliminary /Final Subdivision Plan as date-stamped received by the City on August 29. 1995. Motion carried 5-0. LAKE OLYMPIA SQUARE - LAND USE/PRELIMINARY SUBDIVISION PLAN - FIRST AMENDMENT. Planning Director Wagner presented the staff report, explaining that the developer is proposing a number of revisions to the Land Use/Preliminary Subdivision Plan to include (1) reconfiguration of the space within individual retail spaces, (2) a change to the common boundary line of lots lA and 2A, (3) revisions to the construction phasing schedule, (4) minor modifications to the parking lot and driveways, and (5) the addition of more brick screening wall with landscaping along Olympus Drive as part of Phase III of the development. During this presentation Mayor Vandergrift left the table, surrendering the gavel to Mayor pro tern Johnson. Mr. Ron Henson, Design Service Group, Inc., representing The Miller Group, said that the developer has specific tenant uses he wishes to accommodate, and 1.1 acres would be shifted from the Phase 3 area into the Phase 2 area (lot lA). Mr. Henson said that they agree with the staff report and also to the Planning and Zoning Commission stipulation that the brick screening wall in Phase III shall be constructed prior to the commencement of any Phase III site development activities. '-" The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason thanked Stacy Miller for her help with Lake Olympic Club Homeowners. Commissioner Foster. seconded bv Commissioner Glass. moved to approve the first amendment to the Land Use/Preliminary Subdivision Plan of Lake Olvmpia Sauare as date stamped received by the City on September 8. 1995. with the Planning and Zoning Commission recommendation that the brick wall in Phase III be constructed prior to the commencement of any Phase III site development activities. Motion carried 4-0. Mayor Vandergrift returned to the table and wished to have his vote recorded on this issue. Commissioner Gleason. seconded by Commissioner Foster. moved to reopen the issue so that the Mavor's vote could be recorded. Motion carried 5-0. Commissioner Foster. seconded by Commissioner Glass. restated his motion to approve the First Amendment to the Land Use/Preliminarv Subdivision Plan of Lake Olympia Sauare as date stamped received by the City on September 8. 1995. with the Planninl! and Zoninl! Commission recommendation that the brick wall in Phase III be constructed prior to the commencement of anv Phase III site development activities. Motion carried 5-0. ''-'' 4 '-' Ocoee City Commission Regular Meeting September 19, 1995 LAKE OLYMPIA SQUARE, PHASE II - FINAL SUBDMSION SITE PLANs.(This item is not a public hearing). Planning Director Wagner presented the staff report recommending approval as the stipulations included in the staff report have been fulfilled. Commissioner Gleason. seconded by Commissioner Glass. moved to approve Lake Olvmpia Square. Phase II - Final Subdivision Site Plans as date-stamped received by the Citv on September 8. 1995. subiect to amendinl! existinl! Sewer and Water Al!reements. shiftinl! reserved trips to the shoppinl! center portion of the proiect and payment of appropriate concurrency- related fees prior to Final Plan approval. Motion carried 5-0. "-" LAKE OLYMPIA SQUARE PARTNERSHIP - SPECIAL EXCEPTION APPLICATION FOR CHILDCARE FACILITY IN C2 ZONING. Planning Director Wagner presented the staff report noting the conditions of approval on the preliminary plan that should be a part of the approval, i.e., (1) place limits on the number of children occupying the facility, (2) provide for drop-off and pick-up of children only at the front of the facility, (3) establish specified hours for the operation of the facility, (4) establish specified hours for the operation of the outdoor playground area, and (5) provide significant landscape screening for the proposed outdoor playground area, as well as the changes to the existing Land Use/Preliminary Subdivision Plan that are necessary to accommodate the facility. He added that the Planning and Zoning Commission recommended also increasing the height of the fence from 5 feet to 6 feet. The public hearing was opened. Mr. Ron Henson, Design Service Group, representing The Miller Group, introduced Mr. Michael Weise, CEO of Tutor Time Child Care Systems, Inc., the tenant providing the childcare facility, and both talked about having statements from the neighbors on record. Mr. Henson said that the daycare center is a 10,000 sq. ft. building area west of the Winn Dixie and has a 5,000 sq. ft. playground area to the rear that is enclosed and they are in agreement with the conditions of both the staff and Planning and Zoning Commission. Mr. Nick Pagano, president of the Lake Olympia Homeowners Association, said that no one in his association had any objections to the daycare center. The public hearing was closed. Commissioner Gleason. seconded bv Commissioner Glass. moved to approve the Lake Olvmpia Square Partnership Special Exception Application to operate a childcare facility within Retail Space "F" in accordance with the Preliminary Site Plan as date stamped received bv the "-' 5 "-" Ocoee City Commission Regular Meeting September 19, 1995 Citv on Seotember 8. 1995 including the Conditions of Aooroval as identified thereon and with consideration of the Planning and Zoning Commission recommendation. Motion carried 5-0. OTHER BUSINESS FIRST READING OF ORDINANCES. SECOND READING AND PuBLIC HEARING WILL BE OCTOBER 17, 1995. The following ordinances were presented by title only for the first reading. Mayor Vandergrift announced that the second readings and public hearings would be held on October 17, 1995 at approximately 7:30 p.m. in the commission chambers. Ordinance No. 95-22, Case No. AR-94-12-10:Chinaberry Cove Annexation. Ordinance No. 95-23, Case No. AR-94-09-09:Thompson/Still Annexation. Ordinance No. 95-24, Case No. AR-94-09-09:Thompson/Still Rezoning. Ordinance No. 95-25, Case No. AR-95-06-02:Jernigan Annexation. Ordinance No. 95-26, Case No. AR-95-06-02:Jernigan Rezoning. DISCUSSION RE: EASEMENT AGREEMENT BETWEEN FwRIDA AUTO AUCTION AND THE CITY OF OCOEE PROVIDING ACCESS TO WOFFORD ROAD/APoSTOLIC WORSHIP CENTER. Mayor Vandergrift announced that the Church had requested that this item be deferred until the next meeting (October 3, 1995). '-" DISCUSSION RE: FOUNDERS DAY. Mr. John Resnik, Chairman of Founders Day, advised that commemorative bricks will be on sale during the Founders Day celebration on October 7 and, noting that the sale would go better if the purchasers knew where the bricks would be placed, he asked for Commission's decision regarding that. After discussing several suggestions, Commissioner Foster. seconded bv Commissioner Gleason. moved to olace the bricks at the new recreation center uoon its comoletion. Motion carried 5-0. Mr. Resnik also requested that consideration be given to closing certain roads and the boat ramp for the purpose of traffic control. Mavor Vanderl!rift. seconded bv Commissioner Glass. moved to close Lakeshore Drive from the boat ramo to Oakland A venue and Oakland Avenue from Bluford A venue to Lakeshore Drive for traffic control and to close the municioal boat ramo on Lakeshore Drive for the dav. Motion carried 5-0. DISCUSSION RE: DRAFf OF PROPOSED CHANGES TO SIGN ORDINANCE. Building and Zoning Official Flippen presented the staff report. Following discussion Commissioner Foster. seconded bv Commissioner Gleason. moved to authorize the Building and Zoning Director to oroceed with the orocess to adoot these changes to the sien ordinance bv olacement on the next Planning and Zoning Commission Agenda for a oublic hearing as the L.P .A. and then olacement on the City Commission Agenda for a first and second reading bv '-" 6 ~ Ocoee City Commission Regular Meeting September 19, 1995 next November incoroorating the provisions of the Planing and Zoning Commission stipulations. Motion carried 5-0. RESOLUTION No. 95-16, ADOPTING INFRASTRUCTURE DEFICIENCIES REpORT. The Resolution was presented by title only. Concurrency Analyst Resnik apologized that the tables just distributed had not been included in the packet and then gave the staff report. Commissioner Johnson raised the issue of the County not observing the concurrency laws and permitting trips that impact the City and proposed that a resolution be prepared to send to the State and County expressing Commission's views. City Attorney Rosenthal suggested communicating with the County rather than the State at least until the Comprehensive Plan Amendment has been approved. Mayor Vandergrift asked for a draft letter from City Manager Shapiro to the Orange County Commission. -. Mavor Vanderlrrift. seconded bv Commissioner Johnson. moved to accept the Annual Concurrencv Report and adopt Resolution No. 95-16 which includes the attached report as the formal assessment of infrastructure and services and the Infrastructure Deficiencies Map depicting the two areas of deficiencies in the area of traffic circulation: Good Homes Road (County Road) from State Road 50 to White Road and Silver Star Road (State Road 438) from Clarke Road to Good Homes Road. Motion carried 5-0. REVIEW NEW/REVISED JOB DESCRIPTIONS. REsOLUTION No. 95-17, ADOPTING REVISED JOB DESCRIPTIONS FOR ACCOUNTING CLERK, DEPUTY FIRE CHIEF, MUNICIPAL INSPECTOR, POLICE RECORDS CLERK, PuBLIC WORKS DIRECTOR, REFUSE COLLECTOR, SANITATION DRIVER I, SANITATION DRIVER II, SOLID WASTE/FLEET MAINTENANCE SUPERVISOR, AND NEW JOB DESCRIPTIONS FOR EXECUTIVE SECRETARY, PERSONNEL TECHNICIAN, AND POLICE RECORDS CLERK II. This Resolution was presented by title only. Personnel Director Psaledakis advised that the job descriptions were changed after auditing the jobs and recommended adoption of the Resolution. Commissioner Foster. seconded bv Commissioner Johnson. moved to adopt Resolution No. 95-17 revising lob descriptions for Accounting Clerk. Deputy Fire Chief. Municipal Inspector. Police Records Clerk. Public Works Director. Refuse Collector. Sanitation Driver I. Sanitation Driver II. Solid Waste/Fleet Maintenance Supervisor. and adding new lob descriptions for Executive Secretary. Personnel Technician. and Police Records Clerk II. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. '-' 7 Ocoee City Commission Regular Meeting September 19, 1995 ~ APPOINTMENTS TO SENIOR PROGRAM (OVER 65) COMMITTEE Commissioner Johnson announced his appointees to the Senior Program Committee: Danny Howell, 895 Marlene Street and Melvin Shaner, 615 Orange Avenue, Phone #656-8091. Mayor Vandergrift announced that he appointed William H. Winsemann, 2702 Coventry Lane and Bill Stinnett, 349 N. Bluford Avenue. There was discussion about whether the members should attend the next meeting in order to be charged by Commission with the task, but the majority determined that staff should contact the appointees, determine a meeting date and come back to Commission with any questions the members have of Commission. COMMENTS FROM COMMISSIONERS COMMISSIONER GLEASON: Asked when the B. C. Terry vacation is coming before Commission. Approximately 6 weeks. Mr. Shapiro advised also that two residents have not responded to the water transfer contract and that is the holdup to completing the changeout to front vard water meters. COMMISSIONER GLASS: No comments at this time. '-" COMMISSIONER JOHNSON: 1. Neighbors have reported their cats have been poisoned and he asked that citizens call animal control rather than putting out poison. 2. Teenagers are roaming at night and he asked for more protection in his district at night. 3. The trees/shrubs in Lake Olympia Square are dying and the developers should be reminded to take care of the irrigation. Mr. Shapiro advised they have been put on notice and will take care of it later in the year. Albertsons has a tree down also. COMMISSIONER FOSTER: No comments at this time. MAYOR VANDERGRIFT: 1. Asked about the Public Works Director position. Mr. Shapiro advised that the person he had interviewed decided not to come here so he may have to re-advertise. 2. Orange County will review the Animal Ordinance on September 26 at 4:00 p.m. at Boone High School. 3. Budget Final Hearing is scheduled for Wednesday, September 20, at 7:00 p.m. 4. Enclave legislation will be proposed this year which will allow municipalities to take in enclaves. 5. Said that 10 tickets (face value $35.00 value each) to the opening of the Seminole Mall had been given to the City by the developers of the Mall and would be made available '-' 8 \.. Ocoee City Commission Regular Meeting September 19, 1995 to Commissioners. As most of the Commissioners declared previous commitments, Commissioner Foster said staff should use them so the City would have representation. 6. Asked Mr. Shapiro to provide copies of last year's City Manager evaluation for Commission along with the appropriate forms for this year and place his evaluation on the next agenda. Mr. Shapiro said it would be appropriate to distribute the forms as requested but wait a while to place it on agenda to allow time for completion of the forms. Mayor Vandergrift al!reed. 7. Said he is talking with the railroad people regarding a trail along the railroad track into Forest Oaks to Johio Shores and along A. D. Mims Road to Clarcona. Mr. Shapiro raised the question of attire for Commission as the custom in the past has been to change to coats and ties following Labor Day Holiday. There was consensus to continue casual dress until cooler weather. ADJOURNMENT The meeting adjourned at 10:40 p. m. Attest: APPROVED: City of Ocoee '-' '-' 9