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HomeMy WebLinkAbout08-20-96 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD AUGUST 20, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:40 p.m. in the commISSIOn chambers. (The opening of the meeting was delayed due to a problem with the televising equipment.) Commissioner Anderson led in 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, Gleason (arrived at 8: 15 p.m.), and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Assistant City Engineer/Utilities Director Wheeler, Public Works Director Corwin, Planning Director Wagner, Fire Chief Strosnider, Police Chief Mark, and City Clerk Grafton. ABSENT: None Mayor Vandergrift announced that the West Orange Jaycees were manning his phone so that citizens could call in with comments and questions during the meeting. PRESENTATIONS AND PROCLAMATIONS PROCLAMATION: FIREFIGHTER APPRECIATION WEEK:AUGUST 26-SEPTEMBER 2, 1996. Mayor Vandergrift read the proclamation proclaiming August 26 to September 2, 1996 to be Firefighter Appreciation Week and presented it to Fire Chief Strosnider. Chief Strosnider introduced Lt. Vaughn, Engineer Treaner, Firefighters Bennet, Hoover and Whitaker, who were present in the audience; and he thanked the public for giving donations when they are doing boot drives. City Engineer/Utilities Director Shira introduced and welcomed his new Assistant City Engineer, David Wheeler, who then spoke briefly about his background. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. Items D and E had been pulled by Staff just prior to the meeting. Mavor Vandere:rift. seconded by Commissioner Anderson. moved to approve and accept items A. B. and C of the consent agenda as presented. Motion carried 4-0. (Commissioner Gleason was not present.) A. Approval and Acceptance of Minutes of City Commission Remlar Meeting of Au~ust 6. 1996. B. Approval and Authorization for Mayor and City Clerk to execute A~eement with Oran~e County School Board for School Resource/DARE Officers for 1996-97 School Year. C. Approval and Authorization for Mayor and City Clerk to execute an Extension on Contract with McDirmit. Davis. Lauteria and Company. P.A. for Auditin~ Services to Fiscal Year 1996-97. Ocoee City Commission Regular Meeting August 20, 1996 THESE ITEMS NOT CONSIDERED AT THIS MEETING: D. Approval and Authorization for Mayor and City Clerk to execute Wesmere Village 11 - Hampton Woods Final Plat. E. Approval and Authorization for Mayor and City Clerk to execute Wesmere Village 12 & 13 - Brookhaven Oaks Final Plat. COMMENTS FROM CITIZENS/PUBLIC Ms. Sherry Allegroe, 15300 W. Colonial Drive #1006, Winter Garden, advised that the reason the Jaycees had not been present to man the telephone for the Commission meetings during May, June, and July was because that was their training period for new officers. She said it was not the reason one of the Commissioners had stated at the last meeting, that "they had their benches and were no longer interested." Commissioner Glass apologized that someone had made the remark, and complimented the Jaycees for their service to the community. Mrs. Mary Myers, 140 West Circle Key Drive, thanked City officials for helping get the bicycle patrol back into the Pioneer Key Parks and complimented Officer Brown for his attitude. She commented also that the large garbage containers in use now help to make the park much neater. PUBLIC HEARINGS 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 second reading and public hearing. The public hearing was opened. Chief Strosnider advised that the current Sprinkler Code was passed in 1990 and this Ordinance is for housekeeping purposes. Mrs. Frances Watts, 43 Shell Key Court, asked if this Ordinance pertains to commercial properties only. Chief Strosnider explained that it is not for existing buildings unless drastic changes or additions are made, but rather it applies to new buildings that are 4000 sq. ft. or larger. The public hearing was closed. Mavor Vanderl!rift. seconded by Commissioner Glass. moved to adopt Ordinance No. 96-11 amending Section 78-5 of the Ocoee Code. relating to Automatic Fire Sprinkler Systems as presented. Motion carried 4-0. (Commissioner Gleason was not present.) ORDINANCE No. 96-12, RELATING TO JUVENILE CURFEW. This item was delayed until later in the meeting in an attempt to wait until the televising equipment was functioning properly. 2 Ocoee City Commission Regular Meeting August 20, 1996 OTHER BUSINESS FIRST READING OF ORDINANCES - SECOND READINGS AND PUBLIC HEARINGS WILL BE SEPTEMBER 3, 1996 AT 7:30 P.M. ORDINANCE No. 96-13, SYSCO SMALL SCALE COMPREHENSIVE PLAN AMENDMENT (CPA-96- 002). This Ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and place of the second reading and public hearing. DISCUSSION/ACTION RE: CITY HALL SIGN. Public Works Director Corwin asked for input from Commission regarding the sketches submitted for the municipal complex sign. Mayor Vandersrrift, seconded by Commissioner Glass, moved to do the sign as shown in the sketch at 5 ft. high 10 ft. wide and with an estimated price of $4.300. Motion carried 4-0. (Commissioner Gleason was not present.) DISCUSSION/ACTION RE: REpORT ON MAGUIRE ROAD MEETING OF THURSDAY, AUGUST 8, 1996. City Engineer Shira advised that on August 8 Professional Engineering Consultants (PEC) held a Public Information Meeting in the commission chambers to inform the public about proposed plans (curb cuts, medians, pond locations) for Maguire Road, with about 20 citizens in attendance. Mr. Ken Hooper, Professional Engineering Consultants, again displayed the drawings which had been part of the demonstration at that meeting for Commission to review, as he described the major roadway features of the project. Mr. Hooper stated that they had reached the 30% plan submittal point of the preliminary engineering plans and they wished to ensure that the product so far met with Commission approval before proceeding further. He briefly described the next stages and said the project will take approximately three (3) years at a cost of about $1O.5M (not including the rights-of-way or drainage costs). Commissioner Gleason arrived at 8:15 p.m. Mayor Vandergrift announced that waiting longer for the television system to be operating would be counter productive and he called for the Juvenile Curfew public hearing to be presented at this time. PUBLIC HEARING ORDINANCE No. 96-12, RELATING TO JUVENILE CURFEW. This Ordinance was presented by title only for the second reading and public hearing. Chief Mark gave the staff report, saying that in response to Commission direction on February 6, 1996 he had studied the juvenile activity in the City, and had reported to Commission on June 4, 1996, displaying about six maps indicating the areas in the City where juveniles were involved in the crimes committed. City Attorney Rosenthal stated for the record, "At previous meetings of the City Commission Police Chief Mark had presented City Commission with a detailed report which provided justification and background information to the City 3 Ocoee City Commission Regular Meeting August 20, 1996 Commission directing that this ordinance be prepared. That report has provided crime statistics, in specific detail, particularly in relationship to juvenile crime in the age classifications set forth in the audience, so that for the purposes of this particular hearing and City Commission action that report has previously been presented to City Commission and references to the minutes of those meetings referenced by the Chief will be part of the record of this proceeding and those reports previously provided by the Chief." Chief Mark pointed out on the map the areas of concern, (districts 5 and 6 on the maps): the trailer parks and along Silver Star Road up to the Brentwood area up through Ocoee Hills Road and back through Flewelling. The public hearing was opened. Rev. Ronald Spivey, 704 Apricot Drive, spoke against the curfew, saying if a curfew was necessary it should be city wide, not for specific areas. Former Commissioner Vern Combs, 310 Sabinal Street, agreed with Rev. Spivey, saying it was not appropriate to divide the City. Mrs. Frances Watts, 43 Shell Key Court, spoke for the curfew, saying officers should take the offenders to their parents first. Commissioner Gleason read excerpts from a letter from Pastor Lance Laird, 106 Ohio Street, indicating his opposition to the curfew, and Pastor Laird appeared later in the hearing speaking against the curfew. Mrs. Bruni Massa, 611 E. Lakeshore Drive, asked what the officers would do with offenders when they picked them up if they did not live here. Chief Mark responded they would be taken to Juvenile Detention. The public hearing was closed. (Mayor Vandergrift read a citizen's telephone message complaining there was sound but no picture on the broadcast.) Following a lengthy discussion, Mayor Vandefl!rift. seconded by Commissioner Glass. moved to adopt Ordinance 96-12. relating to iuvenile curfew. Commissioner Gleason. seconded by Commissioner Johnson. moved to table until after the budget process is completed. Motion lost 3-2 with Commissioners Gleason and Johnson voting ~ 4 Ocoee City Commission Regular Meeting August 20, 1996 Commissioner Anderson. seconded by Commissioner Glass. moved to amend Section 5 of Ordinance 96-12 to change the effective date section to read as follows: Section 5. Effective Date and Sunset. This Ordinance shall become effective thirty days after the adoption of this Ordinance. This Ordinance shall sunset and no longer be of any force and effect one year from the effective date of this Ordinance unless reenacted by an ordinance of the City. Motion carried 3-2 with Mayor Vandergrift and Commissioner Johnson voting no. The motion to adopt Ordinance No. 96-12. relating to iuvenile curfew as amended (with sunset one year from effective date) carried 4-1 with Commissioner Johnson voting no. RECESS 9:40 P.M. TO 9:55 P.M. DISCUSSION/ ACTION RE: SENIOR PROGRAM (OV 65). City Attorney Rosenthal stated that at the budget workshop there had been discussion regarding some change in the Senior Program and it would be necessary to get some direction as any change must be at an advertised public hearing. City Manager Shapiro advised that Commissioner Anderson and Commissioner Johnson had met at a posted meeting at 6:45 this evening to discuss this issue. Commissioner Anderson. seconded by Commissioner Johnson. moved to leave $175.000 in Contingency Fund for 1996-97 Budget for future consideration for funding of the Senior Program. Motion carried 3-2 with Commissioners Glass and Gleason voting no. City Manager Shapiro advised that the public hearing for this issue would be on the agenda for the first meeting in October. STORY ROAD/KISSIMMEE AVE. AND MARSHALL FARMS ROAD/MAGUIRE ROAD INTERSECTION IMPROVEMENT PROJECT; RESOLUTION No. 96-23. This Resolution was presented by title only. City Attorney Rosenthal reported on the successful acquisition of some of the parcels needed for this project from Roper Partnership and Sysco Food Services. In giving the staff report, he explained that there is a high likelihood that it would not be necessary to file for acquisition by eminent domain, as this Resolution provides, as negotiations by staff with the Wingate family for several small temporary construction easements seem to be close to being resolved. He asked, however, that the Resolution be adopted in case it is needed. Mayor Vanderl!rift. seconded by Commissioner Glass. moved to adopt Resolution No. 96-23. authorizing execution thereof by the Mayor and City Clerk and further authorizing the City Attorney to file the necessarv actions and oroceed to aCQuire the prooerties by Quick-take oroceeding. Motion carried 5-0. 5 Ocoee City Commission Regular Meeting August 20, 1996 Commissioner Glass. seconded by Commissioner Johnson. moved to (1) aDDrove the Purchase Agreement executed by the RODer Partnership for Parcels 103. 703. and 104. authorizing execution thereof by the Mayor and City Clerk: and (2) authorize the Mayor and City Clerk. upon recommendation of the Citv Manager and Citv Attorney, to enter into Durchase agreements to aCQuire Parcel Nos. 102. 706. 708. and 709 at the values set forth in this memorandum and further authorize the Mayor and City Clerk to execute all documents necessary to close upon any such Durchase agreements. Motion carried 5-0. SYSCO FOOD SERVICES OF CENTRAL FLoRIDA, INc. - DEVEWPER AGREEMENT. City Attorney Rosenthal stated that, in the Developer Agreement with Sysco Food Services of Central Florida that provides for Sysco to donate certain right-of-ways into the City which are necessary for the Marshall Farms Road/Maguire Road, Story Avenue/Kissimmee Avenue project, they did not obtain road impact fee credits in connection with that dedication, however, it would count towards the pervious area/open space calculations for the development of their property. The agreement provides that Sysco would contribute $15,000 toward the project, which is intended to be used toward defraying the cost of certain drainage ditch improvements and certain traffic signalization improvements. Mr. Rosenthal pointed out that the Agreement also includes additional northbound left turn lanes on Kissimmee Avenue and certain drainage improvements, in connection with the expansion project, and Sysco has agreed to pay for the cost of the expansion as well as any driveway acquisition costs. Commissioner Gleason. seconded by Commissioner Glass. moved to aDDrove the Developer Agreement between SySCO Food Services of Central Florida. Inc. and the City of Ocoee and authorize execution thereof by the Mayor and City Clerk. Motion carried 5-0. STAFF REPORTS City Attorney Rosenthal reported on the Shurgard Appeal of the Orange County Commission action advising that the Judge directed that a decision be drafted which will uphold the County Commission decision denying the mini-warehouse facility there and he said write it in a manner so that the District Court of Appeals will not overturn it. COMMENTS FROM COMMISSIONERS Commissioner Gleason: 1) Expressed a desire to meet with Sentinel reporter Brad Kuhn regarding his article on the West Oaks Mall and to show him that Ocoee is not Bubbasville as his article seemed to indicate. 2) Referred to article about various malls and proposed development along Highway 50 in Monday's Central Florida Business section of the Sentinel, and said he hoped the County would be willing to be involved with overall negotiations with the cities that will be impacted by the development. Mr. Shapiro advised that our Planning Director sent 6 Ocoee City Commission Regular Meeting August 20, 1996 a letter today to County Commission staff regarding the development of any and all property in and around Good Homes Road and Highway 50. Mayor Vandergrift asked that the Commissioners and the Chairman be copied on that information. 3) Asked for an update on the Construction Review Board. It is in the City Attorney's office as the Building Department had been unable to get to it. 4) In response to complaints from residents in Reflections and Silver Glen regarding the traffic situation at Spring Lake Elementary School, specifically on Wurst Road, A.D. Mims Road and Spring Lake Circle, a meeting has been set up for 7:00 a.m. Wednesday with several School Board members and members of the transportation department to work on a solution. Mr. Shapiro advised that Chief Mark will be there also. 5) The Reflections Homeowners' Association has expressed concern that there are no turn lanes at their medians, particularly as the completion of the mall draws near. Mr. Shapiro advised that a memo had been distributed to Commission discussing the cost of doing the four turn lanes. Barry Goodman had said there was a good possibility of their contributing at least for their side. The problem was that the developer had not been required to make the turn lanes and it was not designed for turn lanes. so the best to be expected is participation by the old developer and the new developer with the City taking at least 30-50% of the cost. Mr. Rosenthal advised also that early on the attorneys had a fair exchange of letters trying to bring about the turn lanes with no success. 6) Asked that the school cross walks be refreshed all over town. Also that the one-way traffic flow at Ocoee Elementary School is being violated, so the signs need to be replaced or enforced. 7) Regarding the sidewalk at the end of Adair Street, asked if it would be possible to use a portion of the money coming from Orange County for sidewalks for this then reimburse the fund later. Mr. Shapiro advised that sidewalks are $10 per foot and that could be done if so directed by Commission. 8) The Roller Hockey team finished third in the nation, and they sent their appreciation to the Commission for their support. 9) School is open and parents were reminded to register the bicycles, provide a lock and instruct their children how to use it. 10) Asked that a portion of the Employee Committee Minutes referring to the Hearing Committee proposal regarding the phrase "non-bargaining unit employees" that was changed to "all employees in the police and fire department subject to union approval" be clarified. Mr. Shapiro explained that they view this as a good thing for them and. if they agree to doing it. it would become a part of a contract eventually, but they would like to be participating in it now. 11) Thanked Andrew Bailey for bringing the newspapers to the Japanese students at 5: 10 a.m. Wednesday as they were boarding the plane to leave the country. Commissioner Glass: 7 Ocoee City Commission Regular Meeting August 20, 1996 1) Asked if the City will be advertising in the special edition planned by the West Orange Times for the Bubba-Mall. Mr. Shapiro advised that Janet Resnik is working on the design of ad now. 2) Had been unaware of Betty Goble's illness until Commissioner Anderson mentioned her in his opening prayer and said that he would include her in his personal prayers as well. Commissioner Anderson: 1) Introduced his wife in the audience as Ms. Bubba and said she will probably be in the Mall daily. 2) Reminded citizens that Labor Day weekend is approaching and cautioned them to be safe. 3) Announced the Budget Work Sessions Thursday and Friday this week. 4) Reported that the Leadership Class would be going to Celebrations and Disney University Wednesday. 5) Thanked Commissioner Gleason for providing the pneumatic device for Mrs. Goble's leg. 6) Reported that he had received many calls about naming a road after a business. 7) Noted that the signature block on a consent agenda item had the City Manager attesting the Mayor's signature and asked if that was appropriate. Mr. Rosenthal advised that the original had been prepared for the City Clerk to attest instead. 8) Noted that the Sentinel would be profiling the Winter Garden City Manager in their profile of the west side of town. Commissioner Johnson: 1) Advised that he would not be able to attend the meeting regarding the school traffic on Wednesday morning. 2) Announced the RSVP number: 656-2218. City Manager Shapiro announced the Little League football opening Saturday at 2:30 p.m. Mayor V ander~rift: 1) Asked if the Spring Lake Principal would be attending the meeting Wednesday, as that was the person with whom he had been in contact. He called attention to the map he had distributed earlier of the road system feeding the Spring Lake School, pointing out the easement that is known as the "pig trail" that starts at Sal Street and runs through the back property lines to Wurst Road connecting to Spring Lake School. Also there is one that connects with Doreen Street. He said the Principal had suggested putting a sidewalk along the pig trail to provide a passage way for the students that was away from the traffic. Mr. Shapiro advised that there was a formal response from the City to the School Board regarding the issue four years ago. advising that they should pave internally within the property so that they have the ability to capture the cars not in the 8 Ocoee City Commission Regular Meeting August 20, 1996 neighborhood. but on their property and have a way of exiting or entering the students separate from the school bus. Mayor Vandergrift asked that the Commission be copied on that letter. He noted that there are gates where there are no sidewalks and sidewalks where there are no gates. Mr. Shapiro advised that the City Engineer and City Attorney could look at the records to determine what the easement is for and decide if it were possible or appropriate to put a sidewalk there. Mayor Vandergrift reported also that the pig trail needs to be cleaned up as there are water meters with lids missing as well as debris scattered also. ADJOURNMENT The meeting adjourned at 10:50 p.m. Attest: APPROVED: City of Ocoee <Sr- 9 . .