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HomeMy WebLinkAbout02-18-97 MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD FEBRUARY 18, 1997 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers. Candidate Alfred Luck 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, and Johnson. Also present were City Manager Shapiro, City Engineer Shira, City Attorney Rosenthal, Personnel/Employee Relations Director Psaledakis, Planning Director Wagner, Public Works Superintendent Solomon, Senior Planner Horne, City Clerk Grafton, and Clerk/Stenographer Rivera. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift proclaimed February 24 through March the 2, 1997, to be Heroin Awareness Week in the City ofOcoee. PRESENTATION: Jerod Ellison, President, Ocoee Youth Soccer League. Mr. Ellison addressed the Commission regarding the need for soccer fields for both practice and games because of the growth of the program. The games begin in December. After lengthy discussion, Commission reached consensus to do something before next season. Mike Kimm, 1556 Maguire Road, suggested contacting the Florida Power or the Electrical Contractors Union about putting power poles in the ground. Mr. Ellison responded that they had already done so. Mr. Ellison introduced the coaches in the audience and the secretary for the soccer league. Jeff Cauterier asked for space to be dedicated to soccer rather than having a multi-sport field. Commissioner Johnson pointed out that sports fields had been the result of citizens efforts, and the City only recently took over the maintenance of the fields. Service Award - 5 Year Police Department - Stephen G. McCosker. Stephen McCosker was not present to receive his 5 Year Police Department Service Award. CONSENT AGENDA Mayor Vandergrift. seconded bv Commissioner Glass. moved to approve the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of Februarv 4.1997. Ocoee City Commission Regular Meeting February 18, 1997 B. Approval and Authorization for Mayor and City Clerk to execute Florida Power Work Order A W-97-0103 for Installation of Electrical Facilities for City of Ocoee Ballfield at 560 Flewelling Avenue. COMMENTS FROM CITIZENS/PUBLIC Mr. Mike Kimm, resident of the Ocoee Nursing Home, 1556 Maguire Road, addressed the Commission about his Ocoee Civic Pride Bus Shelter Project, and expressed the need for a covered bus shelter at Wal-Mart. He said that he had lined up donations of funds and materials, and he distributed copies of his plans to the Commission asking for their approval. Following discussion regarding the placement of the shelter and appropriate materials, City Manager Shapiro determined that the project should be reviewed by Staff. Pastor Luis Pluguez, New Life Christian Church, expressed concern about the difficulty he is having in his efforts to get an acceptable site plan for their rental of the Sun Bank building. City Manager Shapiro said he would contact an engineer to assist Pastor Pluguez. Former Commissioner Vern Combs, 310 Sabinal Street, representing the Prima Vista Homeowners Association, addressed the Commission about the proposed sidewalk on Orlando Avenue and its effect on the Prima Vista Landscape. City Engineer Shira said that the City would do its best to avoid the landscape, and if they could not, they would notify the Association so that they could relocate the plants. City Manager Shapiro stated, for the record, that he wants to have the sidewalk and topping done by the same contractor. PUBLIC HEARINGS FIRST READING OF ORDINANCE No. 97-08. RELATING TO A MORATORIUM ON TOWERS AND ANTENNA SITES. Second Reading and Second Public Hearing scheduled for March 4, 1997. City Attorney Rosenthal read title only. Mayor Vandergrift announced the time and date of the second reading to be March 4, 1997. Senior Planner Horne introduced Carol Barice, Consulting City Attorney, and gave the Staff Report explaining that the Planning Department anticipates that the City of Ocoee will receive upwards of 24 requests to build new towers or place wireless communication devices on existing towers or buildings during the next two years. The Planning Department has determined that the City needs a sixty (60) day extension to the moratorium to develop regulations to suit Ocoee's needs since the proposed structures will be visible and obtrusive from nearly all areas of the City. As Staff is in the process of finalizing a proposed ordinance, she requested approval of Ordinance 97-08 so that Staff may continue to study this issue and come back with a proposed ordinance before May 16, 1997. City Attorney Rosenthal said that his firm represents a company that would be affected by this action. Therefore, Carol Barice, of Fowler, Barice, & Feeney P.A. will be representing the City on this issue. 2 Ocoee City Commission Regular Meeting February 18, 1997 The public hearing was opened. Mark Schuh, Cypress Real Estate Services, presented excerpts of other cities' ordinances to the Commission and explained that proposed communication antennas may, and are encouraged to collocate onto existing communication towers. Mr. Schuh said that his firm has been waiting five (5) months for the City to process its ordinances, and asked that they be permitted to proceed. Mrs. Horne presented graphs depicting various towers and antenna types and highlighted the various issues that needed to be discussed. Mr. R.P. Mohnacky expressed concerns about the location, height, and the lighting of towers and their affect on homeowners' reception. The public hearing was closed. Mayor Vandergrift again announced the second reading and second public hearing of March 4, at 7:30 p.m. Recess taken 9:18 - 9:29 p.m. CELEBRATION BAPTIST CHURCH - SPECIAL EXCEPTION CASE No. 1-6-SE-96. Planning Director Wagner said that the Planning and Zoning Commission public hearing for the Celebration Baptist Church special exception has to be rescheduled and he asked that this public hearing be continued to March 18th. The public hearing was opened. There were no comments from the citizens. The public hearing was closed. Commissioner Glass. seconded bv Commissioner Anderson, moved to continue this public hearing to March 18. 1997. at 7:30 p.m. Motion carried 5-0. OTHER BUSINESS ITEM G SELECTION OF TRANSPORTATION PLANNING CONSULTANT WAS CONSIDERED AT THIS POINT IN THE MEETING, BUT THE ACTION TAKEN IS REFLECTED IN ITS ORIGINAL PLACE ON THE AGENDA. CHANGE POLICE LEGAL ADVISOR/CITY PROSECUTOR. Personnel Director Psaledakis was present to answer questions on this issue. Commission Gleason. seconded bv Commissioner Glass. moved to approve Staff recommendation to change the Police Legal Advisor/City Prosecutor from Mark Blechman. to Russell F. Bergin. Motion carried 5-0. 3 Ocoee City Commission Regular Meeting February 18, 1997 QUARTERLY FINANCIAL REPORT. Director of Finance Horton brought to the attention of the Commission that the format had changed and gave the Staff Report. Commissioner Gleason asked whether the figure of $48,500.00 on page 32 was a correct figure. Mrs. Horton said that she would have to verify that number and notify him at a later date. Commissioner Gleason. seconded bv Commissioner Anderson. moved to accept the Quarterlv Financial Report as presented. Motion carried 5-0. RESULTS OF BID FOR SALE OF SURPLUS PROPERTY. City Manager Shapiro gave the Staff Report and said that the City Commission earlier in the year declared three pieces of City owned real estate as surplus and put them out for bid. The three property locations are identified as follows: Site #1: 409 Jackson Street Site #2: 102 W. Ohio Street Site #3: 703 California Avenue No bids were received at that time. On December 15, 1996, the surplus properties were put out for re-bid and were due on January 8, 1997. The results were as follows: Sites #1 and #3 received no bids; however, Site #2 received two bids. The First Baptist Church of Ocoee offered a net bid of $102,077.00 with no additional costs to be paid by the City; however, they have since withdrawn their bid due to financial concerns. Tom West of Ocoee offered $84,100.00 with no additional costs to be paid by the City. Site #2 was appraised at $103,000.00 and required a minimum net bid of $82,400.00. The terms and conditions of the re-bid required a minimum net bid to the City, which was based on 80% of the appraised value. Mr. Shapiro recommended awarding to Tom West in the amount of $84,100.00. Mayor Vandergrift asked how much the City paid for it in 1989. City Attorney Rosenthal said the City paid $150,000.00 plus the closing costs from the Water fund and explained the process. Mayor Vandergrift said that he was opposed to selling the property as he want to do a rail and trail through Ocoee and connect it to the trail in Clarcona. Commissioner Gleason - for the record, said that he was contacted by both parties who bid on the land. Commissioner Glass - for the record, said that Mr. West contacted him indicating that he was interested in acquiring the land, but it was not clear whether he was interested in acquiring the land for personal use or for the church. Commissioner Glass also said that he would prefer not to sell the whole parcel as he was intrigued by the Mayor's proposal for a park. Lance Laird, Pastor of the First Baptist Church, explained that the Church had bid for the property and Mr. West had approached them regarding wanting to buy the property and sell it to the Church. He said that both had bid without knowing what the other had bid. City Attorney Rosenthal said that he saw no problem with Mr. West's comments to the Church; that there's no legal or binding obligation for Mr. West to do anything with the property. Commissioner Anderson. seconded bv Commissioner Gleason. moved to accept the Staff recommendation and award Tom West of Ocoee Site #2 identified as 102 W. Ohio Street in the amount of$84JOO.00. There was no vote taken on this motion. 4 Ocoee City Commission Regular Meeting February 18, 1997 Following discussion about whether Mr. West would grant an access easement to the City or be interested in a land swap, Mavor Vander!!rift. seconded bv Commissioner Glass. moved to table the issue to March 4. 1997. and have Staff review the possibilities. Motion carried 4-0. (Commissioner Johnson not present.) FUNDING OF REMAINING WORK ON STORM WATER TV IN SILVER GLEN. City Engineer Shira gave the Staff Report and explained that the City has had continual problems in Phase I of Silver Glen Subdivision, with potholes in the streets. Engineering Staff decided to use the City's television truck to inspect and videotape the storm sewers in Phase I to try to determine their condition. Due to the limitations of City equipment, the City will need to hire a private firm to televise approximately 2,000 feet of storm sewer pipe in Phase I that is 36 inches in diameter lines. The City has received fee quotes from three firms for this televising work, and the low estimate was received from Metro Sewer Services, Inc., in the amount of $1,000.00 for televising, and $140.00 per hour for cleaning, with approximately 20 hours expected to be required. The City believes the remaining sections of Silver Glen Subdivision, Phase II Village I and Phase II Village II (Phase II), should undergo similar television inspection to determine whether the same problems exist there. Metro Sewer Services, Inc. will be able to complete the cleaning and televising of the approximately 3,000 feet of storm sewers in Phase II for approximately $5,700.00. Staff recommended that the City Commission authorize the transfer of $10,000.00 from Storm Water Reserve for Contingency to Storm Water Professional Services and authorize Metro Sewer Services, Inc. to perform the televising services in Phase I and Phase II at the rate outlined in their proposal. Commissioner Gleason. seconded by Commissioner Anderson. moved to transfer $10.000.00 from storm water reserve for contingency to Storm Water Professional Services and authorize Metro Sewer Services. Inc. to perform the televising services in Phase I and Phase II at the rate outlined in their proposal. Motion carried 5-0. Commissioner Johnson left the table at 10:28 p.m. AMENDMENT #1 TO ADDENDUM #96-5 TO AGREEMENT FOR CONSULTING ENGINEERING SERVICES FOR INTERSECTION IMPROVEMENTS AT STORY ROAD/KISSIMMEE AVENUE AND MARSHALL F ARMS/MAGUIRE ROAD. City Engineer Shira gave the Staff Report and explained that on November 5, 1996 the City Commission approved Addendum No. 96-5 to Professional Engineering Consultants, Inc.'s continuing contract. This Addendum, in the not-to-exceed amount of $131,409.00, was for supplementary design, construction management and inspection services for the referenced intersection improvement project. The addendum was based on PEC's proposal which included $28,902.73 for Post-Design Engineering Services and $92,725.77 for Construction Management and Inspection Services. Staff recommended approval. 5 Ocoee City Commission Regular Meeting February 18, 1997 Commissioner Glass. seconded by Commissioner Gleason. moved to approve Amendment No. I to addendum No. 96-5 to PEC's continuing contract in the not-to- exceed amount of $30.000.00. Motion carried 4-0. (Commissioner Johnson was not present. ) RESOLUTION No. 97-02. RELATING TO JOB DESCRIPTION FOR YOUTH SERVICES OFFICER. City Attorney Rosenthal read title only. Personnel Director Peggy Psaledakis explained that the had approved the grant presented by Chief Mark at the Commission meeting of February 4, 1997. The grant approval authorized the position for a Youth Services Officer. Commissioner Gleason. seconded bv Commissioner Glass. moved to adopt the iob description. Motion carried 4-0. (Commissioner Johnson was not present.) SELECTION OF TRANSPORT A TION PLANNING CONSULTANT. Director of Planning Wagner gave the Staff Report and explained that on November 5, 1996, the Ocoee City Commission unanimously approved the hiring of a transportation planning consulting firm and directed Staff to begin the formal Request for Qualifications (RFQ) process. A selection committee, comprised of the Director of Planning, City EngineerlUtilities Director, Public Works Director, Capital Projects/Concurrency Analyst, and Commissioner Glass, was formed to review the proposals, rank the firms, interview the top candidates, and recommend the firm which best met the criteria outlined in the RFQ. Five firms responded. The top two firms were then interviewed by the selection committee. Based on their presentations and the answers to several questions posed to both firms, the selection committee voted unanimously to recommend JHK & Associates as the City's transportation planning consultant. Chris Sinclair, Office Manager of JHK, introduced himself and then made himself available for questions. Commissioner Glass. seconded bv Commissioner Anderson. moved to approve the selection of JHK & Associates and direct Staff to enter into negotiations for a continuing consulting services contract. Motion carried 5-0. JULY 4 BOAT RACES - FLORIDA OUTBOARD RACING ASSOCIATION. Recreation Director Beech explained that the Florida Outboard Racing Association has proposed holding power boat races on Starke Lake on July 5th and 6th and requested that the City of Ocoee co-sponsor the event. Consensus was reached to ask F.O.R.A to consider a different date as many citizens would be expecting to use the facility on that weekend. CITY MANAGER CONTRACT. After brief discussion consensus was reached to wait until after election to consider this item. 6 Ocoee City Commission Regular Meeting February 18, 1997 INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND CITY OF OCOEE PROVIDING FOR DISTRIBUTION OF THE PROCEEDS OF THE 911 EMERGENCY TELEPHONE SYSTEM FEE ACCORDING TO THE FLORIDA EMERGENCY TELEPHONE ACT AND ORDINANCE No. 95-27. City Manager Shapiro gave the Staff Report and explained that all 911 funds received shall be deposited in the Orange County Comptroller's Office and shall be placed in an interest bearing account and will be distributed among the participating Public Safety Answering Points (PSAPs). The distribution of these funds among PSAPs will be based on the annual traffic study conducted by all telephone carriers within Orange County for the preceding calendar year and on reports generated by the individual PSAP's automatic call management programs. The funding for each PSAP is determined by dividing the number of 911 calls received by each PSAP by the total number of 911 calls received by all PSAPs in Orange County. Commissioner Anderson. seconded by Commissioner Glass. moved to approve the City of Ocoee to enter into the Interlocal Agreement with Orange County. Motion carried 4-0. (Commissioner Johnson was not present.) STAFF REPORTS City Manager Shapiro reported that it's time for a three (3) city meeting in order to give Mr. Juarez directions for lobbying the legislature regarding areas of interest to Apopka, Winter Garden, and Ocoee. The City of Apopka will set the date and host the meeting. And consensus was reached to invite the Town of Windermere as well. COMMENTS FROM COMMISSIONERS Commissioner Anderson: 1) Announced that the Bass Tournament scheduled for February 22 on Starke Lake had been canceled. 2) Announced the Golf Tournament scheduled for March 9 at Green Valley to benefit the Big Orange Games of May 3 and then gave the Recreation Department phone number. 3) Tri-County League luncheon hosted by City of Ocoee is scheduled or February 20 to be held at, and sponsored by, West Oaks Mall. 4) Announced the Volunteer Board Appreciation Dinner at Health Central on February 28 at 6:00 p.m. 5) Said this is possibly Commissioner Johnson's last meeting and then expressed appreciation for his years of service on the Commission. 6) Announced the West Orange Chamber of Commerce Banquet! Auction at Church Street Station on February 21. 7) Wished the elected officials luck in the election on February 25. Commissioner Glass: 1) Announced the RSVP number 656-2218. 2) Asked that a clock be placed in the Chambers. 7 Ocoee City Commission Regular Meeting February 18, 1997 3) Said that he would be unable to attend the Volunteer Appreciation Dinner due to a previous commitment (his son's first birthday). 4) Reminded citizens to vote Tuesday. Commissioner Gleason: I) Announced the election February 25 and asked citizens to vote. 2) Said that this was his last meeting as Commissioner for District 4 and he was proud of the last 3 years. He also was pleased that Nancy Parker will be the new Commissioner for this District. 3) Announced City Clerk Grafton's birthday on the 22nd, and the Ocoee Rent-A-Choir sang Happy Birthday at the end of the comments. Mayor Vanderl!rift: 1) Announced the mayor candidates' forum sponsored by the Rotary Club on Wednesday night at West Orange High School which will be broadcast on Thursday night. 2) Noted that the lake front had been cleaned up and looks much better. 3) Reminded citizens to vote on Tuesday. At City Attorney Rosenthal's request, City Clerk Grafton announced that the Canvassing Board will meet at noon Wednesday, February 26 in the Commission Chambers Conference Room to count the absentee ballots and certify the election for 1997; and further, that the newly elected officials would be sworn in at 7:00 p.m. at the March 4 regular meeting. ADJOURNMENT The meeting adjourned at 10:55 p.m. Attest: APPROVED: City of Ocoee c,.<)' Su>r dwt" l S. Scott Vandergrift, y r 8