HomeMy WebLinkAbout05-19-98
MINUTES OF THE OCOEE CITY COMMISSION MEETING
HELD MAY 19, 1998
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission
Chambers. Bruce Beatty, Chairman of the Board of Adjustment, 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 Anderson, Glass, Howell and Parker. Also
present were City Manager Shapiro, City Attorney Rosenthal, City
Engineer/Utilities Director Shira, Community Relations/Projects Director Shira,
Planning Director Wagner, Senior Planner Horne, Public Works Director Smith,
Fire Chief Strosnider, Assistant Fire Chief Firstner, Finance Supervisor Carter and
Acting City Clerk Green.
ABSENT: None.
PRESENTATIONS AND PROCLAMATIONS
PROCLAMATIONS:
OLDER AMERICAN'S MONTH - MAY, 1998.
Mayor Vandergrift proclaimed May, 1998 - Older American's Month.
PRESENTATIONS:
CHANGES IN COUNTY PRECINCTS IN THE OCOEE AREA.
Bill Cowles, Orange County Supervisor of Elections, introduced Mrs. Beverly Willis, Mapping
Supervisor, and gave a brief presentation regarding the proposed county precinct changes in the
Ocoee area which he plans to put in place prior to the upcoming 1998 elections.
PLAQUE OF ApPRECIATION TO DISNEY VOLUNTEARS FOR THEIR MANY HOURS OF
VOLUNTEER SERVICE IN OUR COMMUNITY.
Mayor Vandergrift presented this award to Mr. Bruce Beatty who received it on behalf of the
Disney V oluntEARS.
PLAQUE OF ApPRECIATION TO BRUCE BEATTY, WHO CHARACTERIZES THE EPITOME OF
VOLUNTEERISM IN OUR COMMUNITY.
Mayor Vandergrift presented Mr. Bruce Beatty with a plaque of appreciation for all the services
he provides to the community.
PLAQUE OF ApPRECIATION TO HARDEES FOR THEIR CONTINUOUS HELPING HAND AND
EXEMPLARY COMMUNITY SPIRIT.
No one was present to receive this award.
CONSENT AGENDA
The consent agenda consisted of items A, B, C and D. Commissioner Anderson. seconded by
Commissioner Parker. moved to approve the consent agenda as presented. Motion carried 5-0.
Ocoee City Commission Regular Meeting
May 19, 1998
A. Approval and Acceptance of Minutes of (1) City Commission Ree:ular Meeting of
Mav 5. 1998. (2) Special Session Public Hearine: for Lake Lotta Mall and Lake Lotta
Center Held January 26. 1995. and (3) Mayor's Town Meeting for Mobile Home Safety
Issues of May 6. 1998.
B. Approval and Authorization to Advertise for Bids for Wastewater Sludge Disposal.
C. Aooroval and Authorization for Mayor and City Clerk to execute Wedgewood Commons
Phase Two Subdivision Final Plat and Upe:raded Street Lie:hting Agreement.
D. Approval and Authorization for the Mayor and City Clerk to execute the Most Valuable
Partnership (MVP) Neighborhood Matchine: Grants Award Ae:reements and First
Grant Pavments.
Mayor Vandergrift announced that, as part of the consent agenda, he and Community
Relations/Projects Director Shira would distribute the Most Valuable Partnership (MVP)
Neighborhood Matching Grants payment checks to the participants at this point.
COMMENTS FROM CITIZENS/PUBLIC
Former Commissioner Johnson, 21 Delaware Street, expressed concerns about the
maintenance of right- of-ways throughout the City. He suggested either doing away with them or
letting citizens have the land. Mr. Shapiro said that before any right-of-ways can be removed,
they must first be surveyed. Mayor Vandergrift suggested creating a committee to deal with
this issue and to have staff provide Commission with a list of all the right-of-ways in need of
maintenance within a certain amount of time.
Without objection, Mayor Vandergrift asked that, within six months, Commission be provided
with a list of right- of-ways in need of maintenance.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker:
1) Announced National Public Works Week and thanked Public Works Director Smith and his
staff for all the good work they do for the City.
2) Announced the Grand Opening of the Vignetti Park Recreation Center on Adair Street
Thursday, May 21, 1998 at 7:00 p.m. For information relating to summer youth activities
call 656-3103.
3) Thanked the Ocoee Woman's Club for hosting a special luncheon for Ocoee 5th Graders who
received awards for writing essays on the value of public schools. She commended parents
for doing such a great job in raising their children and congratulated the students for doing a
great job with their essays.
4) Announced the Memorial Day services Monday, May 25, 1998 beginning at 8:00 a.m. in the
Ocoee Cemetery and continuing at 8:30 a.m. at the Ocoee Gazebo.
5) Asked, as a police officer's wife, for all to join her in praying for the families of the three
fallen officers who lost their lives in the line of duty today.
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Ocoee City Commission Regular Meeting
May 19, 1998
Commissioner Glass:
1) Congratulated his daughter, Megan, for passing the Florida Writes Test. She received a 5.5
score out of a possible 6.0. The County average is 3.1.
2) Congratulated all the children from Lake Whitney Elementary for beating the district average
on the Florida Writes Test.
Commissioner Howell:
1) Announced that over 300 children have already signed up for the summer activities at the
Recreation Center.
2) Expressed concerns regarding the danger to children from speeding cars, particularly on
Adair St.
Mavor Vandererift:
1) Announced the RSVP No. 656-2218.
2) Announced the Western Expressway Groundbreaking Thursday, June 4, 1998, at 9:00 a.m. at
Marshall Lake Road in Apopka.
3) Thanked all on behalf of Mrs. Vandergrift for the personal attention she received during her
recent illness.
Without objection, Mayor Vandergrift declared the following First Amendment to the Joint
Planning Area Agreement to be an Emergency Item that needed to be considered before the
public hearing.
FIRST AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT
City Attorney Rosenthal explained that the JP A Agreement contemplated the formation of a
Planning Advisory Committee (the "PAC"). Although the City designated representatives to the
PAC, it has not been formed and has never met to address any of the issues contemplated by the
JP A Agreement. This Amendment eliminates the PAC and clarifies certain procedural matters
under the JP A Agreement and will facilitate the consideration of City initiated amendments to
the JP A Agreement and the JP A Future Land Use Map. Mr. Rosenthal pointed out that this item
needed to be considered prior to the public hearing on the Olympia Development Company Map
Amendment so that the City could be in a legal position to act on that amendment.
Commissioner Anderson. seconded by Commissioner Glass. moved to approve the proposed
First Amendment to the Joint Planning Area Agreement between Orange County and the City of
Ocoee and authorize execution thereof by the Mavor and City Clerk. Motion carried 5-0.
PUBLIC HEARINGS
OLYMPIA DEVELOPMENT CO.-MAP AMENDMENT TO JP A AGREEMENT-CASE No. JP A-98-001
Senior Planner Horne presented the staff report and stated, for the record, that Dorothy Field,
Director of the Orange County Library System, and representatives from Olympia Development
Group Inc., were present to answer questions. She explained that the subject property is located
on the southeast corner of Clarke Road and Silver Star Road. It is approximately 15 acres in size
and is part of a larger 38 acre parcel within an Orange County enclave situated in the Ocoee Joint
Planning Area. The overall parcel abuts the City of Ocoee to the north, east, west, and southeast.
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Ocoee City Commission Regular Meeting
May 19, 1998
In 1995, the City of Ocoee received an annexation and rezoning request for the 38 acre tract
which has been pending since that time. Recently, Orange County Library System Staff met
with the City of Ocoee Planning Staff to identify possible library sites. The Library Staff
identified a future library site located on the 38 acre tract, immediately to the east of the 15 acre
subject property. The subject property has historically been zoned A-I, Citrus Rural District, in
Orange County. When the Joint Planning Area Agreement was adopted in 1994, the subject
property was identified for Low Density Residential (< 4 dua) development only. If the
requested Joint Planning Area Land Use Change is approved, the City of Ocoee would
subsequently annex the entire 38 acre tract, amend its land use plan, and rezone the property to
allow the 15 acre commercial node, and perimeter single family development. Mrs. Horne
reported that both the Planning and Zoning Commission and Staff recommended approval.
The public hearing was opened.
Mrs. Field said that this site is their first choice for the library in the West Orange community.
She gave a brief history and described services the library will provide in the future and
responded to Commission's questions.
Mrs. Martha Lopez-Anderson, 2438 Alclobe Circle, inquired as to zoning procedures
regarding this issue and City Attorney Rosenthal explained that this was an amendment to the
Joint Planning Area Map rather than a zoning issue, and that there would be subsequent public
hearings before the City of Ocoee dealing with both Comprehensive Plan amendments for
commercial and zoning in connection with those hearings.
Mr. John Moody, representing the Olympia Development Group, said he hoped Commission
approved their request, and that they looked forward to working with the City of Ocoee. He
thanked Mr. Shapiro, Planning Director Wagner and Senior Planner Horne for all their help.
The public hearing was closed.
Commissioner Anderson. seconded by Commissioner Glass. moved to find the Olympia
Development Group. Inc. application to be consistent with the character of surrounding land uses
and the proposed use of an adiacent site as a library and to approve the requested Joint Planning
Area Land Use Map Change from Low Density Residential (< 4 dua) to Commercial. Motion
carried 5-0.
FIRST READING-ORDINANCE No. 98-09, EVALUATION AND ApPRAISAL REPORT - SECOND
READING AND PUBLIC HEARING SCHEDULED FOR JUNE 16, 1998 AT 7:15 P.M.
City Attorney Rosenthal read this Ordinance by title only. Senior Planner Horne presented
the staff report and explained that the Evaluation and Appraisal Report was prepared by staff to
assess the success and/or failure of the Comprehensive Plan. Once the Evaluation and Appraisal
Report is adopted, staff would then transmit it to the Department of Community Affairs for a
compliance determination. Mrs. Horne then responded to Commission's questions regarding
this issue.
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Ocoee City Commission Regular Meeting
May 19, 1998
Commissioner Glass questioned the accuracy of the table showing the figures for existing land
use acreage. City Attorney Rosenthal noted that any inaccuracies in the document would be
corrected prior to the second reading and public hearing on June 16, 1998.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Mayor Vandergrift announced the second reading and public hearing of Ordinance No. 98-09
would be June 16, 1998 at 7:15 p.m.
OTHER BUSINESS
Mayor Vandergrift announced he would take items VII. E and F out of agenda order and
consider them at this time.
RESOLUTION No. 98-07, ESTABLISHING THE CITY OF OCOEE EDUCATION COMMISSION
City Attorney Rosenthal read this Resolution by title only.
Former Mayor Dabbs, 619 Caborca Court, gave a brief history of the work done in proposing
the Education Commission. He advised that letters and information had gone out to the area
superintendent, chairman of the board, local principals, and all citizens who, at the town meeting,
expressed an interest in serving on such a commission and he had asked the Clerk to send copies
of the Resolution to those same people upon its adoption, as he would be contacting each
principal to make sure that they have a representative in this group. He then responded to
Commission's questions and thanked them for considering this Resolution.
Mayor Vandergrift suggested making the terms three years rather than two. After brief
discussion it was agreed that it would be easier to get volunteers to serve two year terms. It was
determined, without objection, that a Commissioner should be appointed to serve as an ad hoc ex
officio member.
Mavor Vandergrift. seconded by Commissioner Glass, moved to adopt Resolution No. 98-07,
establishing the City of Ocoee Education Commission and to add a Commissioner as an Ex-
Officio member. Motion to adopt the Resolution so amended carried 5-0.
Mayor Vandergrift. seconded by Commissioner Glass, moved to appoint Mr. Lester Dabbs as
Chairman of the Ocoee Education Commission with his term to run to July 15, 2000. Motion
carried 5-0.
ESTABLISH DATES FOR JOINT PUBLIC WORKSHOPS WITH THE PLANNING AND ZONING
COMMISSION
Planning Director Wagner presented the staff report and responded to Commission's questions.
Commissioner Glass asked that the workshops be well advertised.
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Ocoee City Commission Regular Meeting
May 19, 1998
Consensus was reached to have the Master Transportation Plan Study on Tuesday, June 9, 1998,
at 7:30 p.m., and to have the SR 50 Activity Center Study and SR 50 Access Management Study
Thursday, June 18, 1998, at 7:30 p.m.
SELECTION OF INVESTMENT BANKING FIRM
Finance Supervisor Carter gave a brief overview of the staff report, noting that Proposals had
been received from four firms: (1) Hanifen, Imhoff, Inc. (2) William F. Hough & Company, (3)
Nations Bank-Public Finance, and (4) SunTrust Equitable Securities, and that the Committee had
ranked William F. Hough & Company and SunTrust Equitable Securities first and second
respectively.
Commissioner Anderson, seconded bv Commissioner Howell, moved to approve William F.
Hough & Companv and SunTrust Equitable Securities as Investment Banking Firms for the City
of Ocoee, as recommended by Staff. Motion carried 5-0.
Mayor Vandergrift announced he would take item VII D - 1 & 2, out of agenda order and
consider it at this time.
INTERLOCAL AGREEMENTS WITH ORANGE COUNTY
INTERLOCAL MUTUAL AID AGREEMENT - FIRE PROTECTION AND RESCUE SERVICES.
City Manager Shapiro announced that Orange County Fire Chief Iacona was present in the
audience and invited him to the front to answer any questions. Fire Chief Strosnider presented
the staff report and explained that during several meetings with Orange County personnel, an
equitable agreement for both the City and the County had been negotiated and an escape clause
(new Section 16. Early Termination) had been added to the Interloca1 Agreement for Contract
Area Fire Protection and Rescue Services. He distributed copies of the revised Agreement which
included the new section. He added that the boundaries of the contract area have been
substantially reduced from the original proposal that was brought to Commission April 21, 1998,
which will limit the responses by the City into the County area without reducing its ability to
provide adequate service levels to the City's residents, and he distributed a map showing the
boundaries in the Agreement.
City Manager Shapiro advised that the purpose of this Agreement was to give the County an
opportunity to have time to put together a self-sustaining fire service for the unincorporated areas
and that the intent was to not renew the Agreement upon its expiration.
There was extended discussion regarding the details of the Agreement, and Chief Iacona
described his plans to have the county fire stations in place and manned by the end of this
agreement period.
Commissioner Glass stated for the record that he will support the Agreement, but that he had
concerns about the County's building land plan and its lack of support for the Fire Department
needs. He commended both staffs for the negotiation of this Agreement and asked that Chief
Iacona take back the message that he will be watching this and if they do not support Chief
Iacona in his effort to bring his coverage levels up to where they should be, then this
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Ocoee City Commission Regular Meeting
May 19, 1998
Commission will have to rethink this and force their hand, as it would be inappropriate for the
City to carry them indefinitely.
After further statements were made and a motion was called for, City Attorney Rosenthal said
that there were two separate agreements and he suggested that they be voted on separately.
Although this was not the document discussed above, Commissioner Glass. seconded by
Commissioner Parker. moved to approve the Interlocal Mutual Aid Agreement for Fire
Protection and Rescue Services with Orange County. Motion carried 5-0.
INTERLOCAL AGREEMENT FOR CONTRACT AREA - FIRE PROTECTION AND RESCUE SERVICES.
(SEE DISCUSSION ON THIS ITEM IN ABOVE PARAGRAPH)
Commissioner Anderson moved to change the time frame of this Agreement from three years to
one year, but the motion died for lack of a second.
Commissioner Glass. seconded by Commissioner Parker. moved to approve the Interlocal
Agreement for Contract Area Fire Protection and Rescue Services with Orange Countv as
presented. Motion carried 4-1 with Commissioner Anderson voting no.
Commissioner Anderson again moved to change the time frame of the Agreement from three
years to one, but the motion died for lack of a second.
PUBLIC WORKS DEMOLITION AND PARKING LOT ADDITION
Public Works Director Smith gave a brief overview of the staff report, explaining that in
August of 1997, Commission approved a design criteria package with Gee and Jenson for the
demolition of the existing Public Works Facility on Flewelling Avenue and construction of a
parking lot. The RFP was prepared and published and no bids were received. This was
attributed to the fact that the firms that do this type of work are not in the design business. Mr.
Smith requested that Work Order No.3 to develop a construction bid document for the subject
property with Gee & Jenson be approved.
After a lengthy discussion, Commissioner Glass. seconded bv Commissioner Howell. moved
to (a) reject the design/build concept (b) approve work order No.3 to Gee and Jenson for the
completed design. per specifications contained in the design criteria package approved by the
City Commission at the March 3. 1998 regular meeting. and development of the construction
contract document for the subject project (c) re-bid the project for construction only; and (d)
authorize the Mayor and City Clerk execute. Motion carried 4-1 with Commissioner Anderson
voting no.
PUBLIC WORKS FUELING FACILITY
Public Works Director Smith presented the staff report, explaining that the same situation as
described above exists with the moving of the Public Works Fueling Facility. The design criteria
package was prepared and advertised and contractors that build gasoline systems do not design
them. Amendment No.1 authorizes Gee and Jenson to provide complete design drawings and
construction documents. Mr. Smith requested approval of this Amendment and authorization
for Mayor and City Clerk to execute so that this project can move forward.
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Ocoee City Commission Regular Meeting
May 19, 1998
After a lengthy discussion, Mayor Vandergrift. seconded by Commissioner Glass. moved to
authorize the Mayor and City Clerk to execute Amendment No.1 to Work Order No. 14. Motion
carried 5-0.
STAFF REPORTS - None.
COMMISSIONERS COMMENTS
Commissioner Howell:
1) Reported that there were 14 lights out at the Senior League Baseball Field. Public Works
Director Smith said he would take care of the problem as soon as possible. Mayor
Vander2rift said lights were also needed at the concession stand and the parking lot.
2) Expressed concern with traffic racing on Adair Street. Mr. Shapiro said he would speak
with Police Chief Mark and see about placing a traffic unit there.
3) Reported that the retention pond on Marlene Drive is not being kept up. Mr. Shapiro said he
would have Code Enforcement take care of it.
4) Reported that the fence that surrounds the retention pond at the Little League Field is down.
Mr. Shapiro said Public Works is in the process of fixing it.
5) Reported that he is receiving complaints from citizens in District No.1 regarding having to
pay stormwater taxes and seeing no improvements. Mr. Shapiro said District No. 1 is next
in line for improvements.
Commissioner Anderson:
1) He had requested that Bluford Avenue and Silver Star Road be monitored by the Task Force
last month and they were not.
2) Reported that the train tracks on McKey Street and Kissimmee A venue need replacing. He
asked if a letter could be sent to those in charge of maintaining the rail road tracks to see if
they could do something. Mr. Smith said a letter had already been sent to them. They said
they would take care of the problem. but did not say when. Mayor Vandergrift asked that a
letter be written to the rail road asking them for a time frame as to when repairs would be
done.
3) Would like to see the e-mail address shown on T.V. during the Commission meetings.
Commissioner Glass:
No comments at this time.
Commissioner Parker:
1) Asked whether a determination had been made as to who the responsibility of the Center
Street Ditch was. Mr. Shapiro said the County had determined that the ditch belonged to the
City of Ocoee. but that he would have the Engineering Department revisit the issue.
Mavor Vander2rift:
1) Asked that an updated report be given to him regarding the issues he brought up in the May
5, 1998, Commissioners comments. Upon reviewing his list of issues, he noted that some of
them had been completed and some were not. Those not completed were as follows:
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Ocoee City Commission Regular Meeting
May 19, 1998
. Asked that signs be installed along White Road warning people that there are pot
holes in the road that may cause accidents.
. Asked that trash cans be placed by the Gazebo.
. Reported that Story Road needed to be repaired in front of the Orange County
Services Center.
. Reported that the payment receptacle outside of City Hall is too high.
. Requested that dirt be placed on the exposed roots of the trees behind City Hall.
2) Reported that the American Heart Association had made him the Honorary Chairman of the
1998 "English Country" Garden Party. The benefit will be held Sunday, June 14, 1998, at the
Cypress Grove Park from 2:00 p.m. to 6:00 p.m. Anyone interested in attending may reserve
a Corporate Table for $500. Mr. Shapiro said if Commission wished to reserve a table.
funds were available to do so.
Mavor Vandergrift. seconded by Commissioner Glass. moved to donate $500 to the American
Heart Association for Corporate Sponsorship for the "English Country" Garden Party. Motion
carried 5-0.
ADJOURNMENT
The meeting was adjourned at 10: 10 p.m.
APPROVED: ~
6SSA '
S. Scott Vandergrift, Mayor
Je
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