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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. 2 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. 3 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. 4 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. 5 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 6 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. 7 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: 8 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 9