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HomeMy WebLinkAbout02-03-98 MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD FEBRUARY 3,1998 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 15 p.m. in the Commission Chambers. Pastor Ron CargiI, Harvest International Ministries, led in the prayer and Cub Scout Pack 217 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, City Engineer/Utilities Director Shira, Director of Community Relations/Projects Resnik, Planning Director Wagner, Senior Planner Horne, Building Official Flippen, Public Works Director Smith, Police Chief Mark, Fire Chief Strosnider, Finance Supervisor Carter and City Clerk Grafton. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift read the following proclamations: PROCLAMATION - FEBRUARY, VOLUNTEER ApPRECIATION MONTH. PROCLAMATION - RANDOM ACT OF KINDNESS WEEK - FEBRUARY 9 - 15, 1998. CONSENT AGENDA The consent agenda consisted of item A. City Clerk Grafton announced that the required Conflict of Interest Form had been completed by Commissioner Howell and was attached to the January 20, 1998 Minutes. Mayor Vandergrift noted that, in the minutes of the January 20, 1998 meeting, under agenda item VII B. - Discussion/Action re: Qualifications of Commissioner Howell to Hold Elected Office - the following paragraph should be added under the motion: "without objection, Commission authorized and directed that Attorney Russell Bergin conduct an investigation regarding the factual circumstances surrounding the qualifications of Commissioner Howell to hold elected office and to report back to Commission in connection with the public hearing scheduled in October 6, 1998." Commissioner Anderson, seconded by Commissioner Glass, moved to approve the consent agenda as corrected. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meetin!! of January 20. 1998; Commissioners Anderson and Johnson Medin!! of Au!!ust 20. 1996; and Hacknev-Prairie Road/Lauren Beth Area Residents Public Forum held March 30, 1993. COMMENTS FROM CITIZENS/PUBLIC Mr. Chuck Olds, Cub Master for Pack 217, invited the Mayor and Commission to the Blue/Gold Banquet and awards Sunday, February 22, 1998, at 5:00 p.m. at the Community Center. Ocoee City Commission Regular Meeting February 3, 1998 Pastor CargiI, Harvest International Church, presented Mayor Vandergrift with aT-Shirt from the students of Harvest International School in appreciation for all his services to the community. ANNOUNCEMENTS/CORRESPONDENCE BY COMMISSIONERS Commissioner Parker: 1) Announced that Health Central Auxiliary is holding a flea market and craft fair on Saturday, February 21,1998, from 8:00 a.m. to 4:00 p.m. 2) Commended staff for all their work at the City's first Road Show. 3) Congratulated the Ocoee Woman's Club for their 74th birthday celebrated Wednesday, January 28, 1998. Mayor Vandergrift: 1) Announced the RSVP No. 656-2218. PUBLIC HEARINGS SECOND READING OF ORDINANCE No. 98-02, LAND DEVELOPMENT CODE AMENDMENT TO ADD THE REVIEW OF SPECIAL EXCEPTIONS TO THE DUTIES AND RESPONSIBILITIES OF THE BOARD OF ADJUSTMENT. City Attorney Rosenthal read this Ordinance by title only. Planning Director Wagner presented the staff report and explained that several months ago, the Chairman of the Board of Adjustment met with City Staff to discuss why the Board of Adjustment had not reviewed any Special Exceptions or had any other business during the past four years. Staff explained that although the Board of Adjustment had been responsible for the review of Special Exceptions prior to the rewrite of the Land Development Code in 1992, the Planning and Zoning Commission was now reviewing Special Exceptions in accordance with the new Code and recent planning ideology. Since the Chairman of the Board of Adjustment had expressed concern that the Board had not met in such a long time, the City Attorney drafted changes to the Land Development Code. If adopted, Ordinance Number 98-02 would move the review of Special Exceptions from the duties and responsibilities of the Planning and Zoning Commission to the duties and responsibilities of the Board of Adjustment. The public hearing was opened. As no one wished to speak, the public hearing was closed. After a brief discussion, Mavor Vandere:rift. seconded by Commissioner Glass, moved to deny Ordinance No. 98-02 as presented. Motion carried 5-0. SECOND READING OF ORDINANCE No. 98-03, CASE #AR-97-07-07, GRAFTON ANNEXATION. City Attorney Rosenthal read this Ordinance by title only. Senior Planner Horne presented the staff report and displayed a map of said property on the overhead projector. She explained that the requested annexation of the subject property located on the southeast corner of Fuller's Cross Road and Ocoee-Apopka Road is consistent with the lP A Agreement, State annexation criteria and the standards established by the City. As part of the annexation approval, the owners have executed their portion of the Annexation Agreement which requires that, within 60 days of a written request from the City of Ocoee, the property owners will: 1) Convey any additional amount of right-of-way necessary to create a total 100 foot wide right-of-way adjacent to the 2 Ocoee City Commission Regular Meeting February 3,1998 subject property along Ocoee-Apopka Road; 2) Convey an additional 20 feet (measured from the centerline) of right-of-way adjacent to the subject property along Fuller's Cross Road. This additional right-of-way represents the Grafton's half of the right-of-way needed to create a total 100 foot wide right-of-way for Fuller's Cross Road to accommodate future road widening; and 3) Convey a drainage a maintenance easement no to exceed 50 feet in width for the existing ditch extending along the north end of the property adjacent to Fuller's Cross Road (When combined with the existing drainage ditch). Staff recommended approval of Ordinance 98-03, pending the execution of the attached Annexation Agreement. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Howell, seconded by Commissioner Anderson, moved to approve Ordinance No. 98-03 pending the execution of the attached Annexation Agreement. Motion carried 5-0. ANNEXATION AGREEMENT. Senior Planner Horne gave a brief overview of the staff report and displayed a map of said property on the overhead projector. Commissioner Howell, seconded by Commissioner Parker, moved to approve the Annexation Agreement as presented and to authorize the Mayor and Acting City Clerk to execute. Motion carried 5-0. SECOND READING OF ORDINANCE No. 98-04, CASE #AR-97-07-07 GRAFTON REZONING. City Attorney Rosenthal read this Ordinance by title only. Senior Planner Horne presented the staff report and displayed a map of said property on the overhead projector. She explained that the 98 acre parcel contains a single family house and six accessory use buildings (a barn, multi-purpose building, pump house, storage building, shed, green house), and vehicle storage building. The existing use is a tree farm and the Graftons anticipate selling the property for development as a single family subdivision. The Graftons have requested an Ocoee zoning classification ofR-IA, Single Family Dwelling District. Staff has determined that the requested R-IA zoning classification is the most appropriate zoning classification for the subject property since it is consistent with Ocoee's: 1) Comprehensive Plan; 2) Future Land Use Map; 3) Land Development Code; 4) Joint Planning Area (JPA) Agreement with Orange County; and 5) surrounding land uses and zoning classifications. Staff has requested approval of Ordinance 98- 04. The public hearing was opened Upon a request from Mr. Ryan Remmens, 1756 Crown Point Woods Circle, Mrs. Horne clarified the zoning classifications. Mr. Andrew Smith, President of Crown Point Woods Homeowners Association, spoke against the R-IA classifications. The public hearing was closed. 3 Ocoee City Commission Regular Meeting February 3, 1998 Commissioner Glass, seconded by Commissioner Anderson, moved to adopt Ordinance No. 98-04, and find that the application is consistent with: (1) the Ocoee Comprehensive Plan; (2) the Future Land Use Map; (3) the Ocoee Land Development Code; and (4) the requirements of the lP A Agreement. Commissioner Glass, seconded by Mayor Vandergrift, moved to amend the rezoning to R- IAA- Single Family Dwelling District. Motion carried 5-0. Mr. Milton West, representing the owners, advised that the property owners had no objection to the change. The vote on the motion to adopt Ordinance 98-04 as amended was 5-0. OTHER BUSINESS Mayor Vandergrift moved items VII. F, D & E to this point in the agenda and discussed them in that order. DISCUSSION/ACTION RE: PROPOSED CENTRAL PARK PAVILIONS PROJECT REPORT. Director of Relations/Projects Resnik presented the staff report requesting pavilions at Central Park on Flewelling Avenue. This request was in response to a petition by Nereyda Ochoa and Beatriz Torres and Ms. Ochoa was present to address Commission regarding this need. Ms. Resnik's proposal included having staff prepare the plans, requesting materials to be donated by local building supply companies, and having an employee work day for the construction. Ms. Resnik requested approval of $4000 from General Fund Contingency to purchase concrete for the slabs and picnic tables for the pavilions. Mayor Vandergrift, seconded by Commissioner Anderson, moved to approve a total of $4,000 from the General Fund Contingency to cover the cost of the concrete slabs and the picnic tables that would be placed under the pavilions and add two portable toilets. Motion carried 5-0. When Mayor Vandergrift suggested adding portable toilets to this request, City Manager Shapiro advised that the parking lot on the old public works site will probably include rest rooms, but that consideration for portable toilets could be included in the mid-year budget adjustment. Mayor Vandergrift, seconded by Commissioner Anderson, moved to amend the motion to approve a total of $4000 from the General Fund Contingency to cover the cost of the concrete slabs and the picnic tables that would be placed under the pavilions; and to wait until the mid- year budget for consideration of the portable toilets. Motion carried 5-0. DISCUSSION/ACTION RE: AWARD OF BID FOR CITY HALL/POLICE STATION SIDING AND TRIM REPLACEMENT PROJECT. Finance Supervisor Carter presented the staff report, then he and Public Works Director Smith responded to questions. 4 Ocoee City Commission Regular Meeting February 3,1998 Commissioner Glass, seconded by Commissioner Parker, moved to award the contract for the Siding and Trim Replacement Proiect to Golden Hammer Contractors. Inc.. approve the proposed budget and recommended financing for the proiect and authorize the partial closing of Lakeshore Drive. Motion carried 5-0. Commissioner Howell stated for the record, that he does a lot of subcontracting work for Golden Hammer Contractors, but has nothing to do with this project. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, inquired as to the new material being used. DISCUSSION/ACTION RE: PERMISSION TO FILE SUIT. Attorney Steven Bull, of Bull and Associates, gave a brief history of the steps already taken by his law firm with regards to the alternatives for the remedial work on the City Hall and Police Station project, and suggested the City proceed with filing a lawsuit against CT HSU & Associates, P.A., Huber Design and Construction, Inc. and Great American Insurance Company. Commissioner Parker, seconded by Commissioner Glass, moved to proceed with the filing of a lawsuit against CT HSU & Associates, P.A., Huber Design and Construction, Inc. and Great American Insurance Companv. Motion carried 5-0. DISCUSSION/ACTION RE: USE OF LAW ENFORCEMENT BLOCK GRANT. Police Chief Mark presented the staff report and requested that Commission approve the use of the Law Enforcement Block Grant money to go towards the first year's lease of two police patrol vehicles and the purchase of related equipment. Mayor Vandergrift asked again about the use of the Indianapolis Plan. Mr. Shapiro recommended bringing the issue back up for discussion at the mid-year budget. Mayor Vandergrift, seconded by Commissioner Anderson, moved to approve the use of the Law Enforcement Block Grant towards the first year's lease of two police patrol vehicles and the purchase of related equipment and to look at the Indianapolis Plan at mid-year Budget. Motion carried 5-0. DISCUSSION/ACTION RE: GOVERNOR'S BUILDING CODE STUDY COMMISSION. (Pulled from January 20,1998 meeting agenda.) Building Official Flippen presented an overview of the staff report and recommended Commission support the following concepts: 1) Adoption of a statewide minimum building code that is flexible and prompts innovation in construction. 2) Leave the enforcement and administration of Building Codes to local jurisdictions. 3) Leave the appeal process and final appeal decisions in the authority of local jurisdictions. 4) Permitting, plan examination and inspections of all state owned building, including schools and prisons shall be the responsibility of local jurisdictions. 5 Ocoee City Commission Regular Meeting February 3,1998 Concepts contained in the final report where opposition is recommended: 1) Removal of authority for local jurisdictions to amend codes and placing authority in a state board to determine if local code revisions meet state criteria for approval. 2) Mandatory requirements for local jurisdictions to meet programs to perform maintenance inspections on existing buildings including residences for building, electrical, plumbing, mechanical and fire inspections. Mayor Vanden!:rift, seconded by Commissioner Parker. moved to authorize a Resolution to be drafted and presented at the next regularly scheduled City Commission meeting that would include the above recommendation as presented. Motion carried 5-0. RECESS - 8:55 p.m. - 9:05 p.m. DISCUSSION/ACTION RE: RENEWAL OF SOLID WASTE FRANCHISE AGREEMENT WITH JENNINGS ENVIRONMENTAL SERVICES TO OCTOBER 15,2000. Public Works Director Smith presented the staff report and gave a brief overview of the current franchise agreement with Jennings Environmental Services and recommended that the City extend the term of the current franchise agreement to October 15,2000. Mr. John Jennings, Regional Vice President of Jennings Environmental Services, was present to answer question. Commissioner Glass, seconded by Commissioner Anderson, moved to proceed with Jennings Environmental to extend the term of the current franchise agreement to October 15, 2000. Motion carried 5-0. DISCUSSION/ACTION RE: ApPOINTMENT OF COMMISSIONER TO LAND DEVELOPMENT CODE CONSULTANT SELECTION COMMITTEE. Without objection, the City Commission designated Commissioner Glass as representative to the Land Development Code Consultant Selection Committee. DISCUSSION/ACTION RE: SR 50 ACCESS MANAGEMENT AND INTERSECTION OPERATION STUDY. Planning Director Wagner presented the staff report and explained that substantial residential and commercial growth along State Road 50 (West Colonial Drive) is occurring. Staff anticipates that the majority of new commercial development will continue to occur along State Road 50. As Ocoee continues to grow, motorists who use State Road 50 may experience longer traffic delays and more accidents. The need to maintain adequate traffic flow and safety along State Road 50 will be of paramount concern as the City continues to grow. However, FDOT does not have plans or funding to widen State Road 50. Accordingly, staff has requested that TransCore prepare a Scope of Services for an access management and intersection operation study for State Road 50. 6 Ocoee City Commission Regular Meeting February 3, 1998 Commissioner Anderson. seconded by Commissioner HoweIl, moved to approve the Scope of Services with TransCore as presented for the State Road 50 Access Management and Intersection Operation Studv, and further, that funding for said study be authorized to be paid from the Transportation Impact Fee Fund. Motion carried 5-0. ApPOINTMENT OF COMMISSION REPRESENTATIVE TO CACOPD. Without objection, Commissioner Anderson volunteered to be the Commission representative to the CACOPD. ApPOINTMENT TO CODE ENFORCEMENT BOARD - MADELINE SHAGNER RESIGNED EFFECTIVE IMMEDIATELY. Commissioner HoweIl, seconded by Mavor Vandere:riR moved to appoint Alfred Luck to complete Mrs. Shagner's term - to June, 1999, and move Randy Chancey to first alternate. Motion carried 5-0. DISCUSSION/ACTION RE: CONVERSION FROM CONTRACT EMPLOYMENT TO FULL-TIME EMPLOYMENT- FRED GARDNER. ADOPTION OF RESOLUTION No. 98-01, RELATING TO JOB DESCRIPTIONS AND TITLES; ADOPTING AN ADDITIONAL JOB DESCRIPTION FOR CONSTRUCTION ADMINISTRATOR. City Attorney Rosenthal read this Resolution by title only. City Engineer/Utilities Director Shira gave a brief history of Mr. Gardner's employment with the City and recommended he be hired as a full time employee. Commissioner Anderson, seconded by Commissioner Glass, moved to approve the iob description of Construction Administrator and adopt Resolution 98-01. Motion carried 5-0. Commissioner Glass, seconded by Commissioner Anderson, moved to authorize the placement of Mr. Gardner on the payroll as a full time employee of the Utility DepartmenC effective February 4, 1998. Motion carried 5-0. STAFF REPORTS 1) City Manager Shapiro said those wishing to attend the Chamber Banquet should advise Deputy City Clerk Gosnell so she could order tickets. 2) He also reported that the West Orange Chamber phoned and advised there were two more places to be filled in the Chamber Program for Adult Leadership. Mayor Vandergrift said he would attend and Mr. Shapiro said he would choose a member from staff to fill the other seat. COMMENTS FROM COMMISSIONERS Commissioner Parker: 1) Expressed concern regarding children playing in the Center Street Ditch. City Manae:er Shapiro said he had directed City Engineer/Utilities Director Shira to place several calls throughout the County regarding this issue but received no response. He said if the City does repairs to the ditch, it then becomes the City's responsibility. He suggested Commission 7 Ocoee City Commission Regular Meeting February 3,1998 make a motion to have a letter written to the commissioner of this district along with the Chairman advising them of the danger. Commissioner Anderson, seconded by Commissioner Parker, moved to direct staff to prepare a letter for execution by the Mayor to the chairman and commissioner of this district expressing on behalf of the City Commission the concerns on the Center Street Ditch and request the County take action to address them. Motion carried 5-0. 2) Announced the RSVP No. 656-2218. Commissioner Glass: 1) Felt more of the items on the agenda could have gone on the consent agenda. 2) Thanked Chief Mark and the Traffic Enforcement Officers for all their work on Roberson Road. 3) Informed Commission he had attended a meeting called for the purpose of forming a steering committee to encourage and facilitate joint planning between the school system, Orange County and the municipalities. He was proud to say that out of the only two cities invited to serve on this committee, one was the City of Ocoee. 4) Thanked all those who prayed for his family. Commissioner Anderson: 1) Congratulated Bruce Nordquist for being appointed the new Recreation Director. 2) Announced that the Ocoee Little League will have its opening day ceremony parade Saturday, March 7, 1998, at 8:00 a.m. 3) Announced the March of Dimes Walk-A-Thon Saturday, March 28,1998, at 7:30 a.m. Commissioner Howell: 1) Congratulated Commissioners Parker and Anderson on being re-elected to their seats. 2) Expressed concern about the speed limit on Phyllis Street being too fast for that area. Mr. Shapiro said he would direct staff to look into what the law says of the speed limit then change accordingly. 3) Thanked the City for donating bicycles to the Orlando Rescue Mission. 4) Thanked the City for installing the turn light on Clarke Road and A.D. Mims. 5) Thanked the City for repairing the Sullivan Ditch. Mayor Vandergrift: 1) Reported that the City of Apopka would be having its regular City Commission meeting Wednesday, February 4, 1998 at 1 :30 p.m. They will be discussing the lawsuit filed against them by Orange County regarding annexation and he encouraged all to attend. 2) Announced that the City received a $7500 grant from Local Mitigation Strategy to be shared with Orange County. He suggested using the funds to put in larger culverts in the Pioneer Key II development. 8 Ocoee City Commission Regular Meeting February 3,1998 ADJOURNMENT The meeting was adjourned at 9:50 p.m. Attest APPROVED: City of Ocoee . ~, SrtV' S. Scott Vandergrift, Mayor 9