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HomeMy WebLinkAbout08-19-97 MINUTES OF THE CITY OF OCOEE REGULAR CITY COMMISSION HELD AUGUST 19, 1997 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Reverend Lance Laird 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 EngineerlUtilities Director Shira, Assistant City Engineer Wheeler, Public Works Director Corwin, Fire Chief Strosnider, Planning Director Wagner and City Clerk Grafton. ABSENT: None. Mayor Vandergrift recognized Orange County Commission District Five representative, Ted Edwards. PRESENTATIONS AND PROCLAMATIONS There were no presentations or proclamations. CONSENT AGENDA The consent agenda consisted of items A, B, C, and D. Mayor Vandergrift pulled item B. - Approval and Acceptance of Quarterly Financial Report - for discussion. However, later in the meeting, this item was tabled to September 2, 1997 meeting. Mavor Vandergrift. seconded by Commissioner Glass. moved to accept the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meetinf! of AUf!ust 5.1997. Budget Work Sessions of AUf!ust 13. 1997. and August 14. 1997. C. Reappointment to Boards: 1) General Employees Retirement Trust Fund: J. Lester Dabbs, Jr. -2 year term expires September 30, 1997. 2) Police Officers/Firefighters Retirement Trust Fund: Ro~V; W. Williams - 2 year term expires September 30, 1997. D. Approval and Authorization for Mayor and City Clerk to execute Florida Power Easement for Fire Station No.3. . This easement is for the transformer and underground power service. COMMENTS FROM CITIZENSIPUBLIC Mrs. Fern Colvin, 140 S. Bluford Avenue, asked why she received a letter saying no one could park on Lafayette Street. Said she would like her tenants to be able to park there. City Manager Shapiro explained that when school lets out there is a lot of traffic, but that she should call his office and make an appointment to see if something could be worked out. Ocoee City Commission Regular Meeting August 19, 1997 PUBLIC HEARINGS REMINGTON OAKS (FORMERLY KNOWN AS BURNDEN PARK), PROJECT #96-007- PRELIMINARY SUBDIVISION PLAN. Director of Planning Wagner displayed the area to be discussed on an aerial map. Mr. Wagner gave a brief overview of the staff report, noting that approval of the plans, which includes 140 single family residential lots, had been recommended by the Development Review Committee and Planning and Zoning Commission; and that during the whole process emphasis had been placed on saving as many trees as possible. The public hearing was opened. Mr. Alex McKinnon, 255 S. Orange Avenue, representing the owner, encouraged Commission to accept the staff recommendation. The public hearing was closed. Commissioner Glass. seconded by Commissioner Anderson. moved to approve the Preliminary Subdivision Plan for Remington Oaks as date stamped received by the City on July 29. 1997. Motion carried 5-0. PRAIRIE LAKES SUBDIVISION, PHASES 3, 4 & 5, PROJECT #97-001 - PRELIMINARY SUBDIVISION PLAN. Director of Planning Wagner presented the staff report and explained that Prairie Lake Subdivision, Phases 3, 4 & 5 would include a total of 70 single family residential lots, located on the east side of Clarke Road, just north of Hackney Prairie Road. The subdivision would also include on commercial lot (4.36 acres) to be located at the northeast comer of Clarke Road and Hackney Prairie Road. The public hearing was opened. Mrs. Debbie Warnick, Hackney Prairie Road, asked for clarification as to when Hackney Prairie Road would be paved and how it would be used in the future. Said that the City is underestimating the impact the development would have on Hackney Prairie Road because it is wide, straight and easy to use. Mr. Steve Anderson, 1716 Ison Lane, expressed concerns about the overcrowding in schools with all the new developments going up. Mayor Vandergrift proposed holding a town meeting to discuss the school building needs in the Community. Mr. Tim Walter, 1819 Prairie Lake Boulevard, asked if traffic studies had been done. To this Mr. Wagner replied they had not as of yet. 2 Ocoee City Commission Regular Meeting August 19, 1997 The public hearing was closed. Commissioner Anderson. seconded by Commissioner Parker. moved to approve the Preliminary Subdivision Plan for Prairie Lake Subdivision. Phases 3. 4 & 5 as date stamped received by the City on July 31. 1997. Motion carried 5-0. CHARTER REVIEW AMENDMENTS. Charter Review Commission Chairman Beatty and Members Combs, Anderson and Dabbs were present for the review of the Charter Review Commission's (CRC) recommendations, and each spoke briefly. Mayor Vandergrift proposed taking the recommendations separately in order to have discussion on each issue. The public hearing was opened. Former Commissioner Gleason, 856 Hammocks Drive, spoke in favor of having three year terms. The public hearing was closed until later when another issue was brought forward the public wished to address. . To PLACE THREE YEAR TERMS ON BALLOT. ALSO 4-0 TO USE 3-2-0 CYCLE PATTERN AND ELECT 2 COMMISSIONERS AND MAYOR ONE YEAR AND 2 COMMISSIONERS THE NEXT YEAR, 3RD YEAR - NO ELECTION. Mayor Vander2:rift. seconded by Commissioner Glass. moved to accept CRC's recommendation to place three year terms on ballot. Motion carried 4-1. (Commissioner Anderson voted no.) . CALL GOVERNING BODY COUNCIL RATHER THAN COMMISSION, USE COUNCIL PERSON OR COUNCIL MEMBER INSTEAD OF COMMISSIONER. Commissioner Glass. seconded by Commissioner Anderson. moved to reiect this change as non-substantive and costlv. Motion carried 5-0. . TAILOR ITEM Q ON PAGE C9 OF THE CHARTER "FREE FROM WEEDS" TO REFLECT THE ACTUAL REQUIREMENT TO HAVE WEEDS CUT. Commissioner Glass. seconded by Commissioner Parker. moved to accept change in wording. Motion carried 5-0. 3 Ocoee City Commission Regular Meeting August 19, 1997 . ITEM D PAGE C19, CHANGE THE REQUIREMENT TO SEND DOCUMENTS BY REGISTERED MAIL TO SEND BY CERTIFIED MAIL. Commissioner Glass. seconded by Commissioner Anderson. moved to change the requirement to send documents by registered mail to send by certified mail. Motion carried 5-0. . REVISE SECTIONS C-21, C-22, & C23 RELATING TO CITY MANAGER. Commissioner Glass. seconded by Commissioner Howell. moved to accept proposed revisions to Sections C-21. C-22. & C-23 relating to the City Manager. Motion carried 5-0. . REVIEW CHARTER EVERY 4-5 YEARS. Commissioner Anderson moved to Review Charter every 5 years, but motion died for lack of second. Commissioner Glass. seconded by Commissioner Howell. moved to reject the recommendation to review the Charter everv 5 years. Motion carried 4-1. (Commissioner Anderson voted no.) . PAGE C-5 C-2 CHANGE THE WORD "CHOSES" TO "PERSONAL PROPERTY" Commissioner Glass. seconded by Commissioner Anderson. moved to reject changing the word "choses" to "personal property". Motion carried 5-0. . PG. 14 C-12 INSERT THE WORD "ELECTIVE" IN THE PHRASE" ...HOLD ANY OTHER OFFICE" Commissioner Glass. seconded by Commissioner Anderson. moved to reject changing ".. .hold any other office" to " .. .hold any other elective office." as this is already addressed in the Constitution. Motion carried 5-0. . REMOVE CITY CLERK FROM CHARTER. Commissioner Glass. seconded by Commissioner Howell. moved to reject removing the City Clerk from the Charter. Motion carried 5-0. . MAKE CHARTER POLITICALLY CORRECT, I.E., HE/SHE; HIS/HER, ETC. Commissioner Glass. seconded by Commissioner Anderson. moved to reject making the Charter politically correct and instead incorporate language into the Charter. which is standard gender neutral language placed in contracts. Motion carried 5-0. 4 Ocoee City Commission Regular Meeting August 19, 1997 . CHANGE WORDING IN SECTION C-30 TO READ AS FOLLOWS: PERSONNEL BOARD SHALL BE RESPONSIBLE FOR REVIEWING PERSONNEL POLICIES FOR THE CITY WHICH ARE SUBMITTED TO THEM BY THE CITY MANAGER AND RECOMMENDING SUCH POLICIES TO THE CITY COMMISSION FOR ADOPTION OR AMENDMENT. THE PERSONNEL BOARD SHALL ALSO HAVE SUCH OTHER POWERS AND DUTIES AS MAY BE ESTABLISHED BY ORDINANCE BY THE CITY COMMISSION. ALSO INCLUDE THE ADDITION THAT "THE CITY MANAGER SHOULD ALSO ADHERE TO THE PERSONNEL RULES" Commissioner Glass. seconded by Commissioner Anderson. moved to accept the proposed changes to Section C-30. Personnel Board as presented. Motion carried 5-0. . Is ANOTHER CHARTER REVIEW NEEDED IN 1999? Commissioner Glass. seconded by Commissioner Parker. moved to not review the Charter in 1999. Motion carried 5-0. . KEEP PRESENT COUNCIL/CITY MANAGER FORM OF GOVERNMENT. There were citizens present who addressed this issue as follows: Mr. Carl Blair, 2205 Essex Drive, said he has talked to a lot of people who support a strong mayor form of government. Former Commissioner Combs, 310 Sabinal Street, spoke III favor of present form of government. Former Commissioner Gleason, 856 Hammocks Drive, spoke against strong mayor form of government, and added that there should be some demand from the citizens before such a change is considered. RECESS - 9: 15 p.m. - 9:27 p.m. Chairman Beatty gave the background on this issue and said he had expected some response from the citizens during the 10 meetings held to receive input from the citizens. However, only two people spoke in favor of the strong mayor form of government. Mr. Lester Dabbs, 619 Caborca Court, spoke against strong mayor form of government. Mayor Vandergrift proposed ending the meeting at 10:30 p.m. and scheduling a date to which to continue the remainder of the agenda at that time, as he wished to take a recess and then give a five minute reply to this issue. Commissioner Glass. seconded by Commissioner Anderson. moved to limit debate to 30 seconds. The vote was 3-2 in favor. (Mayor Vandergrift and Commissioner Howell voted no.) 5 Ocoee City Commission Regular Meeting August 19, 1997 Motion lost as the 3-2 vote did not constitute the 2/3 vote required by parliamentary procedure to limit debate. Mayor Vandergrift spoke of his position on this issue and thought the strong mayor form of government should be added to the ballot. Commissioner Glass. seconded by Commissioner Howell. moved to keep the present Council/City Manger form of government. Motion carried 4-1. (Mayor Vandergrift voted no.) . RECOMMEND NO CHANGE FROM PRESENT METHOD OF VOTING IN SINGLE MEMBER DISTRICTS FOR COMMISSIONERS Commissioner Glass. seconded bv Commissioner Parker. moved to accept CRC's recommendation of not changing from present method of voting in single member districts. Motion carried 4-1. (Commissioner Howell voted no.) Chairman Beatty said the rest of the items had been discussed and the CRC decided not to recommend any further changes. Commissioner Glass. seconded by Commissioner Anderson. moved to accept the CRC's recommendation to make no further changes. Motion carried 5-0. Commissioner Glass. seconded by Commissioner Anderson. moved to table until a future meeting the determination of when items should gO to referendum as the next regular election would involve two commission seats. but the 1999 elections would include the Mayor's race and so would be city-wide. Motion carried 5-0. Commissioner Glass spoke for entire Commission in expressing appreciation to the CRC for their efforts. Commissioner Anderson. seconded bv Commissioner Glass. moved to table agenda items VI. H. - Construction Industry Task Force - and III. B. - Approval and Acceptance of Ouarterly Financial Report - to the next Commission meeting. Motion carried 5-0. FIRST READING: ORDINANCE No. 97-16, RELATING TO TOWING OF VEHICLES IN FIRE LANES Second Reading/Public Hearing scheduled/or September 2,1997. City Attorney Rosenthal read this ordinance by title only. Commissioner Glass suggested adding language to Section 168-3.1.A "and appropriately marked as such." 6 Ocoee City Commission Regular Meeting August 19, 1997 Mayor Vandergrift announced the second reading and public hearing to be September 2, 1997, at 7:15 p.m. DISCUSSION/AcTION RE: RESOLUTION No. 97-07, RELATING TO SALES SURTAX. City Attorney Rosenthal read this resolution by title only. Commissioner Glass noted that the date on the draft letter sent to Chairman Chapin read August 20, 1997, and should read August 19, 1997. Former Commissioner Gleason, 856 Hammocks Drive, spoke in favor ofthe Sales Surtax. Commissioner Anderson. seconded by Commissioner Howell. moved to adopt Resolution No. 97-07 and the Proiect List attached as Exhibit A thereto and direct that the Resolution and Proiect List be delivered to the Orange Countv Chairman on or before August 25. 1997. Motion carried 5-0. DISCUSSION/AcTION RE: PROPOSED PUBLIC WORKS FACILITY. 1) ACQUISITION OF 370 ENTERPRISE STREET FOR PROPOSED PUBLIC WORKS FACILITY. 2) ENVIRONMENTAL ASSESSMENT REpORT UP-DATE AND PROPERTY SURVEY. 3) WORK ORDER Nos. 6, 6A, 6B, 6C, AND 7 TO GEE & JENSON FOR PUBLIC WORKS DEPARTMENT DEMOLITION AND NEW PARKING LOT FACILITY FOR CENTRAL PARK BALL FIELDS. Public Works Director Corwin presented the staff report and was present to answer questions. Commissioner Glass requested that in the future, Mr. Corwin summarize the cost in his staff report. Commissioner Glass. seconded by Commissioner Parker. moved (1) to proceed with the acquisition of said property for use as the new Public Works Facility. (2) to approve Universal Engineering Sciences to provide an updated phase 1 Environmental Assessment report at a cost of $1.500 and Southeastern Surveying & Mapping Corp. to provide surveying services at a cost of $965. and (3) to approve the contract with Gee and Jenson to furnish design and engineering for the demolition of the existing facility and design of the proposed parking area for Central Park. Motion carried 5-0. DISCUSSION/ACTION RE: LAND ACQUISITION AGREEMENT WITH LOGAN FAMILY TRUST. ADOPTION OF RESOLUTION No. 97-08, AUTHORIZING CONDEMNATION OF LOGAN FAMILY TRUST PROPERTY. City Attorney Rosenthal read this Resolution by title only. ~ommissioner Glass. seconded by Commissioner Anderson. moved to approve the Land Acquisition Agreement with Blanche E. Logan as Trustee of the Logan Family Trust. and to adopt Resolution No. 97-08 authorizing the condemnation of the real property owned by the Logan Family Trust located at 370 Enterprise Street. Ocoee. Motion carried 5-0. 7 Ocoee City Commission Regular Meeting August 19, 1997 DISCUSSION/AcTION RE: PURCHASE OF ADDITIONAL MOWERS WITH REMAINING EQUIPMENT FUNDS. Public Works Director Corwin presented the staff report and was present to answer questions. Commissioner HowelL seconded bv Commissioner Glass. moved to approve the use of the remaining funds in Public Works Operating Equipment account 6400 to purchase two additional Dixie Chopper Mowers. Motion carried 5-0. DISCUSSION/ACTION RE: CHANGE ORDER No.1 FOR FIRE STATIONS No.3 & 4. Fire Chief Strosnider was present to answer questions. Commissioner Glass. seconded by Commissioner Parker. moved to approve Change Order Request No.1 with Priority I Construction of Brevard. Inc. by increasing the contract amount by $13.600.89. Motion carried 5-0. DISCUSSION/AcTION RE: CHANGE ORDER No.5 FOR SOUTHLAND CONSTRUCTION COMPANY FOR KISSIMMEE AVENUE/STORY ROAD AND MAGUIRE ROADIMARSHALL FARMS ROAD INTERSECTION IMPROVEMENT PROJECT. Assistant City Engineer Wheeler presented the staff report and was present to answer questions. Mavor Vandere:rift. seconded by Commissioner Anderson. moved to approve Change Order No.5 with Southland Construction. Inc. by increasing the contract amount by $15.879.68. with an extension in contract time of four days. and authorize the Mayor and City Clerk to execute Change Order No.5. Motion carried 5-0. DISCUSSION/AcTION RE: CONSTRUCTION INDUSTRY TASK FORCE. (TABLED FROM JULY 15, 1997 MEETING) This item has been tabled to the September 2, 1997, Commission meeting. DISCUSSION/AcTION RE: AMBER RIDGE SUBDIVISION PROJECT. Assistant City Engineer Wheeler presented the staff report and was present to answer questions. 1) CHANGE ORDER No.2 FOR FOSSITT GROUNDWORK, INC. ON CAPITAL IMPROVEMENTS PROJECT No.8. Commissioner Glass. seconded by Commissioner Anderson. moved to approve Change Order No.2 with Fossitt Groundwork. Inc. by increasing the contract amount by the not-to-exceed amount of $5.000.00. with an extension in contract time of one hundred eighty-nine days and authorize the Mayor and City Clerk to execute Change Order No.2. Motion carried 5-0. 8 Ocoee City Commission Regular Meeting August 19, 1997 2) FUNDING OF LANDSCAPING. Commissioner Anderson. seconded bv Commissioner Glass. moved to approve the expenditure of $10.000. which will come from the Stormwater Contingency Fund. to affect the resolution ofthe landscaping replacement in the Amber Ridge Subdivision. Motion carried 5-0. STAFF REPORTS - None. COMMENTS FROM COMMISSIONERS Commissioner Howell: I) Asked why the Florida Auto Auction was taxed differently from the West Oaks Mall. City Manae:er Shapiro explained that the Florida Auto Auction was taxed on the betterment to the land while the mall was not. Even though there are multiple buildings on the land used for the auction. it is not as used with those betterments as the mall is. There is a difference in the price of a parking lot with a building on it than there would be a piece of land with lust a parking lot. 2) Expressed concern about the median on Clarke Road approaching A.D. Mims Road from the north; that there is no warning sign posted that the road changes from two to four lanes, and that it could be dangerous in low visibility weather. Mr. Shapiro said that he has ordered lights for that area and would check to see if a flashing light would be legal. Commissioner Anderson: I) Supported inviting the school board for a town meeting. 2) Announced the City of Ocoee Webb Page address and listed all the pages. Commissioner Glass: 1) Expressed his deepest condolences to the Ison Family. Commissioner Parker: 1) Announced the RSVP number 656-2218. Mavor Vandere:rift: 1) Said he would like to start training the other Commissioners to run the meetings and announced Commissioner Glass would be Mayor pro-tern for the September 2, 1997, Commission meeting. ADJOURNMENT The meeting was adjourned at 10:30 p.m. Attest: APPROVED: Cit.y ~~ ocoee. . _;1. rI ,.",.' -~5: bi ! ~. ~ '-,~ .~~ S. Scott Vandergrift, Mayor (--\ ., < 9