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HomeMy WebLinkAbout07-01-97 MINUTES OF THE CITY OF OCOEE CITY COMMISSION MEETING HELD JULY 1, 1997 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the Commission Chambers. Commissioner Anderson led in the prayer and 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 Shira, Acting Recreation Director Nordquist, Fire Chief Strosnider, Capital Projects/Concurrency Analyst Resnik, Assistant City Engineer Wheeler, and City Clerk Grafton. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS PRESENTATION SJRWMD District Water Resource Atlas - Nancy Christman, Intergovernmental Coordinator. Nancy Christman, Intergovernmental Coordinator, gave a presentation on the Local Government Water Resource Atlas, distributed Atlases to Commission and presented a 15 minute video to be distributed to homeowners associations. PROCLAMATION Mayor Vandergrift read a proclamation proclaiming July to be Know Your Neighbor Month in Ocoee. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, and G. Commissioner Anderson suggested declaring the ice machine referenced in item G as surplus. After brief discussion, Commissioner Howell. seconded by Commissioner Anderson. moved to approve the consent agenda as amended with item G being declared surplus. Motion carried 5-0. A. Approval and Acceptance of Minutes ofCitv Commission Ree:ular Meetine: of June 17. 1997. 8. Approval and Authorization to Purchase two (2) Opticom Priority Control Systems from American Lighting & Signalization. Inc. usine: Florida DOT Bid #895-08 and Florida Job Contract #75000-035-03 in the amount of $12.888.00. . These devices are to be installed at the Bluford/Geneva & Kissimmee/Geneva intersections, providing the capability of changing traffic signals to allow emergency vehicles to pass through relatively free of potential accidents. C. Approval and Authorization to Purchase Plave:round Equipment in the amount of Ocoee City Commission Regular Meeting July 1, 1997 $17.528.80 (includin~ freie:ht and installation) Usine: SNAPS Ae:reement #785046 Awarded under Contract Connection. Inc. . This playground equipment is to be placed at Vignetti Park. D. Approval and Authorization to Purchase Plave:round Eauipment in the amount of $56.657.63 (includine: freie:ht and installation) Usine: SNAPS A~reement No. 650089 Assie:ned to Miracle Recreation Eauipment Company. . Although the example attached to the staff report is labeled Tiger Minor Park, the intention is to place both of these items at both Parkside-Coventry and Tiger Minor Park to replace aging, rusty equipment. E. Approval and Authorization to Purchase Tractor from New Holland International usine: State of Florida Contract No. 765-900-96-1. . This New Holland Model 3430 will be used to mow City's rights-of-way. F. Approval and Authorization to Transfer $11.000 from General Fund Contine:encv to Capital Improvements to Fund Certain Road Improvements to Provide Access to Timber Ridge Trail for an Adjacent Parcel of Land. . This is to authorize additional funds for construction due to higher than anticipated bids. G. Approval and Authorization to Transfer $1.367.00 from Account #001-522-1201 to Account #001-522-6400 to Replace Ice Machine at Fire Station No. 1. (Chief Strosnider) . The present ice machine stopped working in May and would cost $900 to repair. COMMENTS FROM CITIZENS/PUBLIC Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked questions regarding the abandonment of right-of-ways and land owned by the City. City Attorney Rosenthal explained that right-of- way property is land dedicated to the City for use by the people. If the land is not needed, it is returned back to the owner. Mr. Richard Doss, 576 Kissimmee Avenue, said there was a misunderstanding about the right- of-way on Kissimmee Avenue. He handed Mayor Vandergrift an agreement that he made with Orange County, dated March 14, 1958 for the road right-of-way. He said that current plans show a wider easement than actually exists on Columbus Street and Kissimmee Avenue. He asked that the people in charge get the information he provided and that they make the necessary revisions. Mr. Shapiro assured Mr. Doss he would talk with the City Attorney, PEC and staff and get it taken care of. Mayor Vandergrift pulled Item VI. B - Clarke Corner Preliminary/Final Subdivision Plans - out of agenda order to be discussed here. DISCUSSION/AcTION RE: CLARKE CORNER PRELlMINARy!FINAL SUBDIVISION PLANS -LYNN WALKER WRIGHT, P .A. Planning Director Wagner gave an overview of the staff report and explained that the owner of Lot 2, Olympia Square, which is located on the west side of Clarke Road, immediately south of Olympia Square Shopping Center, had submitted plans to develop this C-2 parcel into a commercial subdivision. During review of this project, the City's Planning Department 2 Ocoee City Commission Regular Meeting July 1, 1997 requested that a note be placed on the Preliminary/Final Subdivision Plans which would prohibit development of any drive-in restaurants within the project. Lynn Walker Wright, attorney for the owner, communicated on behalf of her client that she disagreed with this position and made a request to appear before the City Commission for an interpretation of the Land Development Code. She said, for the record, that her client had no plans of building a drive-in restaurant on this parcel nor was there anyone under contract to do so. Former Commissioner Gleason, 856 Hammocks Drive, said the Land Development Code should be rewritten so that it could be read, understood and used, and that Mr. Geyes should be allowed the opportunity to develop his land according to the way the Development Code is written. Mr. Louis Geyes, 238 N. Westmont Road, said that, according to the discussions a year and a half ago, the interpretation was to prohibit restaurants that only had a drive through. Mr. Nick Pagano, 201 Olympus Drive, spoke for staffs recommendation prohibiting drive-in restaurants within 200 feet of any lands classified for residential land use. Mr. Bruce Beatty, 1327 Olympia Park Circle, said this should be a Board of Adjustments issue. After a lengthy discussion, Commissioner Glass. seconded by Commissioner Anderson. moved to relect the staff interpretation of the Land Development Code prohibiting development of drive in restaurants within 200 feet of any lands classified for Residential land use on the City of Ocoee Future Land Use map. and directed staff to prepare an amendment to table 5-1 to make drive through restaurants within 200 feet of residentially zoned land inside the City or within the Joint Planning area a conditional use or special exception as appropriate. Motion carried 5-0. RECESS 9:20 p.m. to 9:34 p.m. PUBLIC HEARING SECOND READING-ORDINANCE No. 97-14, CHANGING THE TIME OF REGULAR CITY COMMISSION MEETINGS FROM 7:30 P.M. TO 7:15 P.M. City Attorney Rosenthal presented this Ordinance by title only. Mr. Rosenthal said this Ordinance changes the time of regular meetings of the City Commission from 7:30 p.m. to 7:15 p.m. The public hearing was opened. Former Commissioner Gleason, 856 Hammocks Drive, said the purpose of starting the meetings 15 minutes earlier shouldn't be to expand the meetings, but to handle them more efficiently and productively. 3 Ocoee City Commission Regular Meeting July 1, 1997 The public hearing was closed. After brief discussion, Commissioner Parker. seconded by Commissioner Howell. moved to approve the Ordinance changing the time of regular City Commission meetings from 7:30 p.m. to 7:15 p.m. and authorize the Mayor and City Clerk to execute the Ordinance. Motion carried 4- 1. (Commissioner Anderson voted no.) OTHER BUSINESS FIRST READING OF ORDINANCE No. 97-15, RELATING TO FALSE ALARM RESPONSE FEES. Second Reading and Public Hearing Scheduled/or July 15,1997 at 7:30 p.m. City Attorney Rosenthal read this Ordinance by title only. Mayor Vandergrift announced the second reading and public hearing to be July 15, 1997 at 7:30 p.m. DISCUSSION/AcTION RE: CHARTER REVIEW COMMISSION REpORT - CHAIRMAN BEATTY. Chairman Beatty updated Commission on the status of the Charter Review Commission and reported that up until present there had not been a lot of public input. He said he hoped to process any input from Commission at Monday night's regularly scheduled meeting. Mayor Vandergrift thanked Chairman Beatty for his report on the Charter Review and said that, because there was a lot of information to review, Commissioners may wish to attend the next Charter Review Commission meeting. Former Commissioner Gleason, 856 Hammocks Drive, commended the Charter Review Commission for doing a great job, and said that in the report the comment regarding setting parameters for candidates for mayor in the strong mayor form of government credited to him was made by Mrs. Hager. DISCUSSION/AcTION RE: MEDIATION SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT FOR CITY OF OCOEE V. RICHARD C. WOODBERY, JR. AND LOUISE F. WOODBERY. City Attorney Rosenthal presented the staff report and explained that the referenced case was a condemnation action that involved the last parcel of property needed to construct the Clarke Road Extension from A.D. Mims to Clarcona-Ocoee Road. The case was filed in November 1994, and a Stipulated Order of Taking was entered in April 1995. Commissioner Howell. seconded by Commissioner Anderson. moved to approve the Mediation Settlement Agreement attached to assistant City Attorney Mary Doty's memo dated June 24. 1997. and authorize counsel to execute a Stipulated Final Judgment. Motion carried 4- O. (Mayor Vandergrift was not present.) DISCUSSION/AcTION RE: CHANGE ORDER No.4 FOR SOUTHLAND CONSTRUCTION COMPANY FOR KISSIMMEE AVENUE/STORY ROAD AND MARSHALL F ARMS&IAGUlRE ROAD INTERSECTION IMPROVEMENTS PROJECT. Assistant City Engineer/Utilities Director Wheeler presented the staff report and explained that this order request was initiated by City staff to enhance the project, allow for some 4 Ocoee City Commission Regular Meeting July 1, 1997 unforeseen conflicts, improve domestic and fire service to SYSCO, comply with the negotiated agreement with Mr. Adams, and provide some enhancements to the project's appearance. Commissioner Anderson. seconded by Commissioner Parker. moved to approve Change Order No.4 with Southland Construction. Inc. by increasing the contract amount by $18.603.84. with an extension in contract time of fourteen days. and authorize the Mayor and City Clerk to execute Change Order No.4. Motion carried 5-0. STAFF REPORTS - None. COMMENTS FROM COMMISSIONERS Commissioner Howell: 1) Announced the RSVP No. 656-2218. Commissioner Anderson: 1) Asked that everyone say a prayer for the Eric Titus family. 2) Asked that the microphone at the lectern be replaced. 3) Asked about the status of the bathrooms around the lake. City Manae:er Shapiro said the architect would meet with staff in July regarding that issue. Commissioner Glass: 1) Reminded everyone of the City's Surplus Item Auction taking place July 12, 1997, at 9:30 a.m., at the Municipal Garage at 560 Flewelling Avenue. 2) Wished everyone a safe and happy 4th of July. Commissioner Parker: 1) Reminded everyone that the Ocoee Police Department was holding a self defense class on Saturday, July 5, 1997, from 9:00 a.m. - 12:00 a.m., at the Ocoee Middle School Gymnasium. 2) Reminded everyone that the Commission would be having a drainage workshop on July 24, 1997, at 7:00 p.m. 3) Commended the Planning Department for getting written up in Plan Wireless, a national publication that cited the City of Ocoee as being an example of how cities and counties should be working with industry representatives. 4) Commended the Police and Fire Department for their help in finding a citizen's elderly mother when she was missing. Mavor Vandergrift: 1) Met with the Coventry Home Owners Association in regards to motorcycles that had been seen riding through their park and talked about getting a fence put up around the parking area similar to the ones in other parks. Said the Association expressed their gratitude toward the City for putting up light poles and planting oak trees in their development. 2) Thanked the volunteer for answering the phones at the Commission meeting. 3) Said Scott Tupy had called regarding paper scattered along the highway by the drive-in. 5 Ocoee City Commission Regular Meeting July 1, 1997 4) Met with the State of Florida Emergency Manager this past week, said he would like to see Ocoee's Emergency Management Team do something to make the public more aware of what to do in case of an emergency. 5) Said he attended the Ocoee Senior All-Stars game and announced that Ocoee beat Pine Hills 27 to 0 in four innings and that Bryan Stevens hit two grand slam home runs. 6) Announced that Clarke road was officially opened all the way to A.D. Mims. 7) Asked for the status of the Public Works Building. City Manafler Shapiro said that the City was still meeting with the owners and negotiation a price. but that staff would be recommending on the next agenda to give work orders to Gee and Jenson to start talking about demolishing the present building and planning the parking lot. 8) Said trash containers were needed at the Ocoee Gazebo. Suggested using rollaway containers. Mr. Shapiro said he would find out what securing them prolJerly entailed. 9) Asked if there would be garbage pick up on Friday. Mr. Shapiro replied no. 10) Asked how the walkway to the floating dock was coming along. Mr. Shapiro said it was coming along slowly because of design issues. 11) Asked about putting a "Traffic Light" on the lectern that measures time like the one they have in Orange County. Mr. Shapiro said that all amenities for the Commission Chambers would be spoken about at budget time. 12) Asked ifthe rough part of White Road was going to be repaired. Mr. Shapiro replied yes. 13) Inquired about the Neighborhood Grant Program discussed at mid-year budget. Mr. Shapiro said the Neighborhood Grant Program would be in the next budget with the dollar amount available for it. He recommended creating a iob that entails doing the grant work for the City. creating a City-wide news letter. and some other informational things: and hiring Capital Proiects/Concurrency Analyst Resnik for the iob. Mayor Vandergrift said he had been speaking to Martha Lopez-Anderson about appointing her to do special things for the City like grant programs and maybe working with staff as a volunteer. Commissioner Parker said Commission should think very carefully before doing something like this because it is very difficult to work without parameters, goals and a budget. ADJOURNMENT The meeting was adjourned at 10:24 p.m. Attest: APPROVED: City of Ocoee, Florida )$;^ 6