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HomeMy WebLinkAbout08-06-96 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD AUGUST 6, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commISSIOn chambers and called for a few moments of silent prayer. Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Public Works Director Corwin, Planning Director Wagner, Fire Chief Strosnider, Police Chief Mark, Finance Director Horton, Finance Supervisor Carter, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Commissioner Gleason announced that the Japanese youths in the audience were exchange students who were currently staying with families in Ocoee, Winter Garden and Orlando. He then introduced Ms. Maggie Musial, coordinator for the American Exchange Connection, who explained that their organization brings foreign exchange students into communities to immerse them in American society. The students reside with families for several weeks while experiencing intense training, giving both the students and the families an opportunity for cultural exchange. Commissioner Gleason thanked the host families and, in welcoming the students to Ocoee, greeted them in their own language. He then presented each of them with a Certificate of Appreciation and a City of Ocoee watch. PRESENTATION: FORMER MAYOR LESTER DABBS WILL WELCOME AND INTRODUCE GARY PREISSER, PRINCIPAL OF WEST ORANGE HIGH SCHOOL. (THIS OCCURRED IMMEDIATELY FOLLOWING THE APPROVAL OF THE CONSENT AGENDA) Former Mayor Dabbs introduced Mr. Gary Preisser, new principal of West Orange High School, telling about Mr. Preisser's accomplishments as a star student at Bishop Moore High School, and later as principal of several schools in this area. Mr. Preisser spoke briefly about his plans for West Orange High School and the community. Commissioner Johnson presented Mr. Preisser with a City of Ocoee watch, welcoming him to this community. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, and F. Mayor Vandergrift pulled item C for discussion. City Clerk Grafton pointed out that a correction had already been made to item A to include Finance Director Horton among those listed as present in the Minutes of the Commission Regular Meeting of July 16, 1996. There were several questions raised for clarification on items Band D. Commissioner Gleason. seconded by Commissioner Anderson. moved to approve and accept items A. B. D. E. and F of the consent agenda as corrected. Motion carried 5-0. Later in the meeting, following Citizen Comments, item C was considered. Ocoee City Commission Regular Meeting August 6, 1996 A. Approval and Acceptance of Minutes of City Commission Re~lar Meetinl: of July 16. 1996. B. Approval and Authorization for Mayor and City Clerk to execute Work Order No. 11 with PEC for the Prairie Lake/Lake Meadow Draina~e Basin Study portion of the Stormwater Manae:ement Master Plan for a not-to-exceed amount of $93.605.00. Item C was moved to be considered separately followin~ Citizen Comments. D. Approval and Authorization to transfer funds in the amount of $2.000 from Contin~ency Account No.402-534-4900 to Solid Waste Vehicle Parts and Repairs Account No.402-534-4605. E. Approval and Authorization to transfer funds in the amount of $3.500 from General Fund Contin2ency Account No. 001-516-4900 to Public Works Administration General Operatin~ Supplies Account No. 001-17-517-0-0-5202 to cover Emer~encY Fuel Pump Repairs. F. Approval and Authorization for Mayor and City Clerk to execute DCA Evaluation and Appraisal Report (EAR) Assistance Pro~am Contract to Receive Grant. RECESS 8:10 P.M. TO 8:25 P.M. COMMENTS FROM CITIZENS/PUBLIC Louis Landefeld, 512 E. Lakeshore Drive, introduced the Orlando Roller Bears, regional champions who are trying to go to St. Paul, MN for the national competition. Head Coach Joe Rodgers and Coach Steve Carp were also present. Mr. Rodgers introduced the team members and explained they needed about $9,000 to make the trip and had been moderately successful with projects to earn the funds. Commissioner Gleason. seconded by Commissioner Johnson. moved to provide $500 toward the Orlando Roller Bears trio with the funds to come from the General Funds Community Promotion account. Motion carried 5-0. In appreciation, the team members presented the City a sponsor's plaque. Former Commissioner Sam Woodson, 614 Chicago Avenue, reported that AEROMOVEL (transportation that uses air propulsion for movement) had made a presentation to the Metropolitan Planning Organization Citizens Advisory Council and would soon have a model in use at either the airport or International Drive. Commissioner Woodson presented to Commission a brochure on the system which he had received as the City's representative to the MPOCAC. CONSIDERATION OF ITEM C. PULLED FROM CONSENT AGENDA C. Approval and Authorization to transfer additional $7.510 from Contin~ency Fund Account No. 001-516-4900 to PPTD Capital Improvements Account No. 001-541-6302 to complete the Employee Parkin~ Area Improvements project. 2 Ocoee City Commission Regular Meeting August 6, 1996 Mayor Vandergrift asked for discussion on this item. Public Works Director Corwin was present to answer any questions. City Manager Shapiro advised that the lack of adequate parking spaces for City Hall and Police Department employees was one of the concerns brought up by the Employee Committee and that parking on grass violates our own law. After discussion, Commissioner Gleason. seconded by Commissioner Glass. moved to authorize the transfer of an additional $7.510 from Contingency Fund Account No. 001-516-4900 to PPTD Capital Improvements Account No. 001-541-6302 to complete the Employee Parking Area Improvements proiect. Motion carried 5-0. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. OTHER BUSINESS FIRST READING OF ORDINANCES - SECOND READINGS AND PUBLIC HEARINGS WILL BE AUGUST 20, 1996 AT 7:30 P.M. ORDINANCE No. 96-11, AMENDING SECTION 78-5 OF THE OCOEE CODE, RELATING TO AUTOMATIC FIRE SPRINKLER SYSTEMS. This Ordinance was presented by title only for the first reading. Mayor Vandergrift announced the date, time and place of the second reading and public hearing. ORDINANCE No. 96-12, RELATING TO JUVENILE CURFEW. This Ordinance was presented by title only for the first reading. Mayor Vandergrift announced the date, time and place of the second reading and public hearing. ApPROVAL OF FINAL CONFORMANCE PLANS FOR WEST OAKS MALL. Planning Director Wagner reviewed the history of the plans for West Oaks Mall, stating that the plans had been approved in three increments according to the formal processing agreement in order to fast-track the construction. Mr. Wagner listed those changes that were considered substantial changes that had been approved by staff during the process and stated that staff recommended approval of the plans as submitted on August 2, 1996. The changes, which were incorporated into the plan, are as follows: 1) The footprint of the Mall was modified to permit deletion of a number of entrance locations, changes to anchor store layouts, and the addition of space for an Old Navy Store. 2) Truck loading areas and screening walls were changed in a number of locations to accommodate fire code requirements and changes in the footprint of the buildings. 3) A total of three additional outside wall signs were added for the Old Navy Store, AMC Theatre, and a music store. 3 Ocoee City Commission Regular Meeting August 6, 1996 4) Additional land area was reserved within the entry road tree-save area, and additional landscaping was added. 5) A number of changes were made in the Tables on Sheet SP-1 which identifies the total site and building areas allocated for the site. None of these changes affect the maximum building and site areas specified by the DR! and PUD approvals. 6) The multi-family entrance road and adjoining retention pond were modified to minimize impacts to the adjoining Lake Lotta Center property. 7) A new retention pond and grading plan was provided for Outparcel "A." Commissioner Gleason. seconded by Commissioner Glass. moved to approve the Final Plan for West Oaks Mall constituting the plan sets as date stamped received by the City on August 2. 1996 for West Oaks Mall Conformance Plan - Final Subdivision Plan and West Oaks Mall Conformance Plan - Final Site Plan for Lots 1. 2. 3. 4 & 5. Motion carried 5-0. DISCUSSION/ ACTION RE: REQUEST TO CHANGE THE NAME OF A PORTION OF CLARKE ROAD TO WEST OAKS MALL BOULEVARD. City Manager Shapiro presented the staff report, advising that the majority of staff had recommended denial of the request. Mr. Jim Grant explained that their previous experience with similar situations had proven that it was beneficial to the whole neighborhood to have the street named the same as the Mall for many reasons, one of which was that other businesses could identify with the area in their advertising. Commissioner Gleason recalled that in the beginning when Mr. Grant met with the homeowners in the area there was a wish-list prepared by the people of things they would like to see done and Homart/General Growth Properties had completed all but one of those items. Commissioner Gleason suggested that, since that last item was a park, possibly General Growth Properties would consider contributing to the City's Recreation Center or other such projects in exchange for the renaming of a portion of Clarke Road. Consensus was reached to table the matter until the September 3. 1996 re~ular meetin!! and to direct staff to ne!!otiate with Mr. Grant. In further discussion regarding how much of Clarke Road to rename (from Highway 50 to White Road, to Silver Star Road, or farther), Commissioner Glass pointed out that he would prefer to rename the whole road rather than have small segments with different names. RECESS 9:33 P.M. TO 9:45 P.M. DISCUSSION/ACTION RE: RESOLUTION No. 96-21, CANCELLING REGULAR MEETING OF OCTOBER 1 AND CALLING REGULAR MEETING FOR OCTOBER 2, 1996. This Resolution was presented by title only. Mr. Jim Grant, General Growth Properties, advised that the grand opening of the Mall was scheduled for October 2, with a preview opening the night before for those who worked on the Mall, the government people, staff members of the department stores, and other invited guests, and that was the reason for this Resolution. Mr. 4 Ocoee City Commission Regular Meeting August 6, 1996 Grant stated for the record that he wished to commend City Manager Shapiro and Building Official Flippen and staff for their cooperation and the work they have done. Commissioner Gleason. seconded by Commissioner Anderson. moved to adopt Resolution No.96- 21.cancelling the October 1 regular meeting and calling a regular meeting on October 2. 1996 at 7:30 p.m. Motion carried 5-0. DISCUSSION/ACTION RE: RESOLUTION No. 96-22, RELATING TO A LEASE/PURCHASE AGREEMENT WITH RIVERSIDE NATIONAL BANK, ESTABLISHING A NEED FOR A DUMP TRUCK AND DESIGNATING IT AS A QUALIFIED TAX-EXEMPT OBLIGATION. This Resolution was presented by title only. Mayor Vander!!rift. seconded by Commissioner Glass. moved to adopt Resolution No. 96-22. relating to a Lease/Purchase Agreement with Riverside National Bank. establishing a need for a Dump Truck and designating it as a Qualified tax-exempt obligation. Motion carried 5-0. DISCUSSION! ACTION RE: BELMERE PUD/ORANGE COUNTY COMPREHENSIVE PLAN AMENDMENT . City Attorney Rosenthal presented the staff report, advising that, in accordance with Commission direction, he had filed a Petition for Certiorari challenging certain procedures followed by the County in connection with the adoption of the Amendment at the same time City staff had pursued efforts to persuade the Department of Community Affairs to find the amendment regarding Belmere to be "not in compliance" with the requirements of Chapter 163, Florida Statutes. The efforts were unsuccessful; DCA found the Amendment to be "in compliance" and the Amendment has become effective. Mr. Rosenthal said the next step, filing an administrative challenge to the Amendment, had been discussed. He gave the pros and cons of such action and asked for Commission direction with respect to the Petition for Certiorari, pointing out that the proceeding is currently stayed and no action is being taken by either party. Mr. Rosenthal had presented four options in his written report: (1) Take no action regarding the Petition, (2) Pursue mediation, (3) Dismiss the Petition, (4) Actively proceed to move the case forward. Commissioner Glass said that he prefers options 1 and 2, taking no action regarding the Petition at this time and waiting for the results of the U som Case which is before the Florida Supreme Court now. He said that staff should proceed with mediation and negotiation with the County in the meantime on the outstanding issues of schools, rights-of-way, police/fire, and parks. He stated that he is not opposed to the development on the Belmere parcel, but it must be controlled. There was consensus with Commissioner Glass's position and City Attorney Rosenthal stated that he heard consensus to take no action and to pursue mediation and negotiation, which means he would be sending a letter to the County and the Regional Planning Council basically asking to get the process going under the Joint Planning Area Agreement. 5 Ocoee City Commission Regular Meeting August 6, 1996 Mayor Vandergrift stated that Senator Ostalkeiwicz was interested in the issue as a resident of Windermere and staff should advise him. THIRD QUARTERLY FINANCIAL REpORT. Finance Director Horton presented the Third Quarterly Financial Report, reporting that all revenues in the adopted funds exceeded expenditures and all monies were being carefully tracked. FY 97/01 CAPITAL IMPROVEMENT PROGRAM. The Capital Improvement Program was reviewed page by page with only one change proposed. On page 10, item number 8 - Radar was changed to priority 1 instead of 2. During the review, Mayor Vandergrift asked about the resurfacing of A.D. Mims Road, and City Manager Shapiro said he would look into it and give a written report. Commissioner Glass. seconded by Commissioner Gleason. moved to approve the Capital Improvement Program as presented with the one change on page 10. number 8. Radar from 2 to 1. Motion carried 5-0. FY 96/97 BUDGET MESSAGE. City Manager Shapiro announced that the Budget Message has been distributed to Commission and was part of the record. APPOINTMENTS TO BOARDS - PLANNING AND ZONING COMMISSION: RALPH JONES, JR. AND HAROLD SWITZER - 3 YEAR TERMS EXPIRE SEPTEMBER 1996. Commissioner Gleason. seconded by Commissioner Anderson. moved to reappoint Mr. Ralph Jones. Jr. and Mr. Harold Switzer to serve on the Planning and Zoning Commission with terms ending September 1999. Motion carried 5-0. Mayor Vandergrift asked that City Clerk include how long a member has served on a board with the rest of the information provided for Commission. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Gleason: 1) Reported that County Commissioner Freeman had advised that Orange County was in a position to allocate $70,000 to the City of Ocoee, of which $36,400 would be used to complete the sidewalks from Carriage Oaks to Johio Shores, providing complete sidewalks for those residents to come to the shopping centers and the balance of those funds should go to the Kissimmee A venue/Story Road intersection. 2) Said that residents at U.S. Homes in Silver Glen, Phase II, had expressed concern that the trees along Clarke Road had died, and they wondered if the problem of replacement 6 Ocoee City Commission Regular Meeting August 6, 1996 would come to them or if the City would require the developer to replace the trees. City Mana~er Shapiro said the developer would be required to replace the trees. 3) Said that on the issue of Homeowners' Associations Covenants and Restrictions, he was not asking the City to police, monitor or enforce those, but rather he was asking to see if it is feasible for staff to come up with a policy requiring a stamp of Homeowner Association approval on the plans for those items that require a permit (putting up a building or changing a structure) when contractors come in. There was consensus in support. 4) Regarding the false alarm issue with John Resnik's being charged at a frequent alarm rate when more than six months had elapsed between alarms, Mr. Shapiro will review with Chief Mark. 5) Reported that the West Orange Chamber of Commerce is in the process of preparing a complete marketing book for this area to be used in economic development, and he had given Mr. Shapiro the material to review to prepare a recommendation regarding placing an ad. 6) Asked again for the written report on the Florida Power pole that had to be shifted. Mr. Shapiro said he still does not have the answer. that he was waiting for the dust to settle. Mr. Rosenthal advised that papers are available setting forth the position of Florida Power but the City and Florida Power had never agreed as to what happened. Mr. Shapiro said he would prepare the report soon. Commissioner Glass: 1) Announced the public information meeting regarding Maguire Road improvements in the Commission Chambers Thursday, August 8 beginning at 5:00 p.m. for review of maps and documents and a presentation at 7:00 p.m. He advised that the Commission would be out of town and unable to attend. Mr. Shapiro advised that he had requested staff to give a brief presentation on the same information at the August 20 Commission meeting. 2) Announced the RSVP number. Commissioner Anderson: No comments at this time. Commissioner Johnson: No comments at this time. Mayor Vander~ift: No comments at this time. ADJOURNMENT Mayor Vandergrift adjourned the meeting at 11:05 p.m. APPROVED: ).f W S. Scott Vandergrift, Mayor 7