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HomeMy WebLinkAbout03-04-97 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD MARCH 4, 1997 At 7:15 p.m. just prior to the meeting, the candidates elected in the February 25 municipal election - Mayor S. Scott Vandergrift, District 3 Commissioner Scott Glass, and District 4 Commissioner Nancy Parker- were sworn in by City Clerk Grafton. There were no speeches made at this time. CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:00 p.m. in the commISSIOn chambers. Pastor Lance Laird, First Baptist Church of Ocoee, led in prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Johnson, and Parker. Also present were Interim City Manager Shapiro, City Attorney Rosenthal, Special Counsel Barice, Recreation Director Beech, Planning Director Wagner, Senior Planner Horne, Capital Projects/Concurrency Analyst Resnik, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS SERVICE AWARD - 5 YEARS POLICE DEPARTMENT - STEPHEN G. MCCOSKER. Officer McCosker was on duty and could not be present to accept this award. LYNN WALKER WRIGHT - KENJEN PROPERTY In a letter dated March 3, 1997, Ms. Wright advised that she would not be present at this meeting and she reserved the right to appear at a later date. CONSENT AGENDA The consent agenda consisted of item A. Commissioner Glass. seconded by Commissioner Anderson. moved to approve and accept the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meetings of January 21 and February 18. 1997. COMMENTS FROM CITIZENS/PUBLIC Mayor Vandergrift welcomed Commissioner Parker to her first meeting after the election. Former Commissioner Gleason, 856 Hammocks Drive, addressed each member of the Commission in turn and then thanked the residents of District 4 for allowing him the honor of serving as their commissioner. Ocoee City Commission Regular Meeting March 4,1997 PUBLIC HEARINGS SECOND READING OF ORDINANCE No. 97-08, RELATING TO A MORATORIUM ON TOWERS AND ANTENNA SITES. City Attorney Rosenthal read the title only of Ordinance No. 97-08 and announced that, as his firm represents a company that would be affected by action taken on this item, he would declare a conflict of interest. Accordingly, Senior Planner Horne advised that Special Counsel Carole Barice was present to represent the City on this issue. Senior Planner Horne gave the Staff Report and explained that the Planning Department has determined that the City needs a sixty 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. Staff would like to use the additional moratorium period for further reviews with industry representatives and City consultants prior to bringing the matter back before the Planning and Zoning Commission and the City Commission. The public hearing was opened. Mark Schuh, Cypress Real Estate Services, representing AT&T Wireless Services, reminded the Commission of the two previous meetings that he had attended regarding the time frame on the moratorium on towers and antenna towers; and asked that if the moratorium was lengthened, not to include collocation of antennas on existing towers. Linda Davidson, LCC International, agreed with Mr. Schuh's request, but added that any structure tall enough to be able to put panels on top of should not collocate with antennas as well. George Cohen, American Portable Telecom, concurred with the comments made by Mr. Schuh and Mrs. Davidson. City Manager Shapiro explained that the reason the City wasn't allowing collocation is because there was nothing on the books to assure the structural integrity of existing towers. Mr. Schuh replied that industry would not overload existing towers. Special Counsel Barice said that a draft of the ordinance was nearly ready and should be complete soon. The public hearing was closed. Commissioner Anderson. seconded by Commissioner Parker. moved to adopt Ordinance 2 Ocoee City Commission Regular Meeting March 4,1997 97 -08 so that Staff may continue to study this issue and come back with a proposed ordinance before May 16. 1997. Motion carried 5-0. COMPREHENSIVE PLAN AMENDMENT, SECOND READING OF ORDINANCE No. 97-09. City Attorney Rosenthal read title only. Concurrency Analyst Resnik presented the Staff Report and explained the changes made in response to DCA's objections. CPA 97-1-1: DCA's primary objections were that (1) the basis for assigning LOS should be by a road's functional classification, not ownership, and (2) that the proposed amendment deviated from the mandatory LOS standards for roads included in the Florida Intrastate Highway System (FIHS) . In response to these concerns, State Road 50 as a principal arterial will remain with a LOS D. Silver Star Road, and all other state and county facilities that are either minor arterials or collectors, will now have a LOS E. The Florida Turnpike and the East-West Expressway, which are classified as principal arterials but carry mandatory FDOT LOS standards because they are FIHS facilities, will have a LOS C and LOS D, respectively. All City-maintained roads will remain at LOS D. Based upon telephone conversation with DCA staff, these additional changes should resolve their concerns. CPA 97-1-2: DCA objected to providing only a general description of boundaries for Activity Centers, rather than specific boundaries for each Activity Center. DCA staff requested data and analysis to show the cumulative impacts of Activity Centers on facilities and services and stated that the City should establish specifics for each Activity Center on the maximum amount of each land use type to be included, densities and intensities to be allowed, how development codes may be waived, and under what conditions. In response to these concerns, City Staff believes most of the DCA objections are moot because the original Comprehensive Plan, which has been found to be in compliance by DCA, already includes four (4) Activity Centers which do not have definitive boundary lines specified anywhere in the Comprehensive Plan. The map outlining these centers is termed "Activity Centers General locations Map." City Staff is not proposing any new land use changes and therefore, does not believe new data and analysis is necessary. The additional language referring to the general boundaries of Activity Centers as being within "one-quarter mile radius of the Activity Center's main intersection or any parts of any subdivisions or parcels within the one-quarter mile radius as well as any logical extensions beyond those boundaries" was meant to clarify existing text which defines an Activity Center as the "impact zone of a major intersection." Subsequent changes were also made to the text to change the 3 Ocoee City Commission Regular Meeting March 4, 1997 term "Special Strategy Areas" to "Special Overlay Areas" to better clarify its intent, and the names of the three types of Special Overlay Areas were also clarified throughout the FLUE. After discussing the proposed text amendments in detail with DCA Staff and offering to amplify on some of their concerns in the ORC response, this amendment should be found to be in compliance. CPA 97-1-3: This amendment updates the Future Land Use Map to include several recent annexations and one small scale amendment. DCA had no objections to this amendment and it remains as previously approved by the City Commission. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Anderson. seconded by Commissioner Glass. moved to (1) approve Ordinance No. 97-09 which ADOPTS the Comprehensive Plan Amendments upon finding said Amendments to be consistent with the Ocoee Comprehensive Plan and the requirements of the JPA Agreement. (2) authorize execution of Ordinance No. 97-09 by the Mavor and City Clerk. and (3) designate the Director of Planning as the person to transmit a letter to DCA outlining all required information as specified bv Florida Statues for the adoption of a Comprehensive Plan Amendment. Motion carried 4-0. (Commissioner Johnson was not present.) OTHER BUSINESS PROJECTS FOR PROPOSED 1 C SALES TAX. Interim City Manager Shapiro gave the Staff Report, explaining that for the last several months the cities of Orange County have attempted to coordinate a list of projects for each jurisdiction that might be funded by a one cent increase in sales tax. He presented a recommended tentative list of projects to be jointly funded with the County. Mayor Vandergrift said he had been asking for a central park trail and a large 200 acre park on a lake like the one on Lake Apopka. He also discussed partnering with the school system to build buildings and parks. Mr. Shapiro said to keep in mind that some of those are impact fee projects. Commissioner Glass concurred with Mayor Vandergrift's comments regarding partnering with the school system and Mr. Shapiro advised that it would be possible to amend the list to include $5,000,000 to partnership with the school system. Commissioner Anderson. seconded bv Commissioner Glass. moved to pass the list on to the County as amended by adding $5.000.000 to include school partnership. making the total Recommended Sales Tax Proiects Fifteen Year Proiection $62.500.000. Motion carried 5-0. PROPOSED LEGISLATIVE ISSUES FOR OSCAR JUAREZ/THREE CITY MEETING. Interim City Manager Shapiro announced that the City of Apopka would be the host of the 4 Ocoee City Commission Regular Meeting March 4,1997 next Three-City meeting which will be held March 6, 1997, at 7:00 p.m. at the City Council Chambers. Mr. Shapiro reviewed a list of issues of common interest to the cities he had prepared to send to Mayor Land for the agenda, then asked for any additional items Commission wished to have discussed. The list included the following items: 1. a fly over at Maguire Road and Old Winter Garden Road 2. the priority order for support of the Western Beltway 3. regarding the compromised position of the Six Cent Gas Tax offer by the City of Orlando and Orange County 4. position on the muck farm buyout program 5. support of the final funding of the IF AS Consolidated Research Center located on eastern edge of Lake Apopka 6. regarding the manner for describing property when annexing 7. regarding Fire Pension Plan (ISO) FS 185.08 8. Mandated Impact on Trim Process Commissioner Glass suggested adding an item regarding the fact that Florida Statutes require the coordination of planning between local school boards and local government to ensure that plans for the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other necessary services, and they have not been doing it. He said that he would fax a statement to Mr. Shapiro the next day to be included in his message to Mayor Land for the agenda. Mayor Vandergrift said that he would like to include his long pursued issue regarding the annexation of enclaves. Mayor Vandergrift. seconded bv Commissioner Anderson. moved to add Commissioner Glass's statement regarding coordination between the local school boards and local government and Mayor Vandergrift's item regarding annexation of enclaves to the list to be forwarded to Mayor Land. Motion carried 5-0. (Later in the meeting the above motion was amended to exclude item 3 in order to hold separate discussion on that issue.) MAGUIRE ROAD/ExPRESSWAY FL YOVER. Interim City Manager Shapiro gave the Staff Report, advising that several weeks ago he and members of the City of Ocoee met with Commissioner Freeman, the City of Winter Garden, and the Town of Windermere to discuss the transportation network in the West Orange area. In particular, the Maguire Road/Roberson Road/535/Beltway Corridors. Also at the meeting were the developers in the area, the City's Lobbyist, Oscar Juarez, members of the Orange County' Public Works Staff, and the Executive Director and Assistant Director of the 5 Ocoee City Commission Regular Meeting March 4,1997 Expressway Authority. As a result of the meeting, the Expressway Authority suggested that the best possible solution to connecting the expressway to the West Orange area would be to build a fly over road beginning at Old Winter Garden Road and Professional Parkway and ending at Tomyn Road. Without much planning, the estimated cost was somewhere between four and six million dollars. Ken Hooper, Vice President of PEC, displayed a map of the City showing a tentative design for the fly over . R. P. Mohnacky asked if Windermere would be included in paying for this project because they would be benefiting from it. Mr. Shapiro explained that Windermere is not enthusiastic about any change. No action was taken on this item as it was included in the Three-City list. LOCAL GAS TAX DISTRIBUTION. Interim City Manager Shapiro advised that he has major concern over the verbiage in the 1997 Orlando-Orange County Interlocal Agreement on Local Fuel (Gas) Tax Distribution as it would diminish the new revenue from being pledged as revenue for a bond issue and he would like for them to explain just what they are saying and why. Commissioner Glass. seconded bv Commissioner Anderson. moved. as a procedural matter. to pull this item out of the previous approval (item VI B Three-City Meeting. pages 4 and 5 of these minutes) so that no action was taken on item 3 of that list. and hold separate discussion. Motion carried 5-0. Commissioner Glass declared a conflict of interest on this issue as he is an employee of the City of Orlando. See attached declaration. Former Commissioner Gleason addressed this issue. After considerable discussion, Commissioner Anderson. seconded by Commissioner Parker. moved to recommend that Apopka. Ocoee and Winter Garden urge Orange County to delete the last sentence of Section Six from the current draft of the 1997 Orlando-Orange County Interlocal Agreement on Local Fuel (Gas) Tax Distribution. Motion carried 4-0 with Commissioner Glass abstaining. STORY ROAD/KISSIMMEE AVENUE/MARSHALL FARMS ROAD/MAGUIRE ROAD INTERSECTION IMPROVEMENT PROJECT: ADAM PuRCHASE AGREEMENT, PARCEL #113. City Attorney Rosenthal gave the Staff Report, explaining that Parcel 113 is the last piece of property needed by the City to complete the Story Road/Kissimmee A venue and Marshall Farms Road/Maguire Road Intersection Improvement Project. Parcel 113, owned by Mr. And 6 Ocoee City Commission Regular Meeting March 4,1997 Mrs. Alain Adams, is located on the west side of Maguire Road north of the Sysco Foods property. Given the likelihood of favorable negotiations with the Adams, the Real Estate Consortium was instructed to make no determination as to any damage to the remainder property, sparing the expense of hiring a traffic engineer. Staff recommended the approval of the purchase agreement executed by the Adams for Parcel 113, and the execution of all closing documents pursuant to the terms of the Purchase Agreement. Mayor Vandergrift. seconded by Commissioner Anderson. moved to approve the attached Purchase Agreement executed by the Adams for Parcel 113. and further authorizing the execution of all closing documents pursuant to the terms of the Purchase Agreement. Motion carried 5-0. RESULTS OF BID FOR SALE OF SURPLUS PROPERTY. City Attorney Rosenthal gave the Staff Report, explaining that pursuant to the direction of the City Commission, Mr. Shapiro, Mr. Shira, and he met with Tom West to discuss the possible future use of a portion of the bid property in connection with an extension of the West Orange Trail. In connection with these discussions, Mr. Shira advised that a 60 foot wide right-of- way adjacent to the railroad right-of-way should be obtained in order to be consistent with the width of the former railroad right-of-way on other lands owned by the City. After discussing several options with Mr . West, it was agreed, in concept, that the best approach would be for the City to reserve in the deed of conveyance an unconditional right to repurchase, for a term of three years, the aforementioned 60 foot wide strip. Staff recommended that the following be taken: That the Honorable Mayor and Board of City Commissioners award Ocoee Site No.2, identified as 102 West Ohio Street, to Tom West for a bid purchase price of $84,100 with the condition that the deed of conveyance reserve in favor of the City of Ocoee a right to repurchase, for a term of three years, a 60 foot wide strip of land adjacent to the railroad right- of-way with the repurchase price being on a gross square foot basis based upon the gross square foot purchase price paid by Tom West for the subject property and with the final documentation for such right of repurchase being acceptable to the City in its discretion. Commissioner Anderson. seconded bv Commissioner Glass. moved to award Ocoee Site No.2. identified as 102 West Ohio Street to Tom West for a bid purchase price of $84.100 with the condition that the deed of conveyance reserve in favor of the City of Ocoee a right to repurchase as recommended bv Staff. Commissioner Glass then noted that the City Charter requires a public hearing prior to the sale of property valued at $100,000 or over. Following a discussion regarding the actual value of the property, Commissioner Anderson. seconded bv Commissioner Johnson. moved to 7 Ocoee City Commission Regular Meeting March 4,1997 amend the above motion to reflect a finding by Commission that the fair market value of Ocoee site #2 is less than $100.000. Motion lost 3-2 with Commissioners Anderson and Johnson voting "aye. " Commissioner Glass. seconded by Commissioner Parker. moved to table the motion and direct staff to advertise for a public hearing: on March 18. Motion carried 3-2 with Commissioners Anderson and Johnson voting "no. " PROPOSED VACATION AND CLOSURE OF PALM DRIVE NECESSITATED BY THE WESTERN BELTWAY. Director of Planning Wagner gave the Staff Report and explained that in order to plan for the most effective future local transportation network, the Expressway Authority has accommodated the City of Ocoee by redesigning the Western Beltway to provide a new bridge over Pine Street. Based upon future plans of the City, Wurst Road is to be extended westward to Ocoee-Apopka Road. By further extending this roadway along the Pine Street corridor to East Crown Point Road, a critical collector roadway connection will be provided for the developing western portion of the community. Without this crossing, there would be a two mile barrier to local traffic between Silver Star Road and Fullers Cross Road. Past plans for the Western Beltway have provided for a bridge over Palm Drive; however, this roadway provides little in the way of additional capacity for the city-wide transportation network due to its close proximity to Silver Star Road. So as to preclude any complications with the design and construction schedule of the Beltway, the Expressway Authority is requesting the City to take formal action on this matter so that the vacation and closure of Palm Drive may be accomplished in a predictable and timely manner. Accordingly, a Public Hearing will need to be scheduled with adequate public notice to undertake this action. Commissioner Johnson objected to the closing of Palm Drive. Mayor Vanderl!rift. seconded bv Commissioner Glass. moved to direct Staff to schedule a public hearing for April 1. 1997 regarding the proposed vacation and a closure of Palm Drive when it is necessitated by the construction of the Western Beltway. Motion carried 5-0. STAFF REPORTS Interim City Manager Shapiro reported that he had received a letter from Jim Swickerath regarding the timing to get the lake front bathrooms in, and said he would provide that information to Commission. He reported also that the wetlands have been defined at the A. D. Mims recreation area site and a report will be given at the March 18 meeting. COMMENTS FROM COMMISSIONERS Commissioner Johnson: 8 Ocoee City Commission Regular Meeting March 4,1997 1) Commissioner Johnson. seconded bv Commissioner Anderson. moved to appoint Mayor Vandergrift to represent the City on the Chamber of Commerce Board of Directors. Motion carried 3-2 with Commissioner Glass and Commissioner Parker voting nay. 2) Asked for a report on the Ocoee Hills Road lights. City Manager Shapiro advised that Florida Power is to present a system and price. 3) In response to the person who had written letters regarding the pictures he had removed from his office wall, he said he had put a letter on file regarding the pictures. Commissioner Anderson: 1) Announced the Golf Tournament at Green Valley on Sunday morning to benefit The Big Orange Games. 2) Announced the Big Orange Games May 3 at 8:45 a.m. at the Ocoee Middle School and said that volunteers should call 656-3103. Commissioner Glass: 1) Noted that a Cross Creek citizen who called on the RSVP line requesting trees be planted had been instructed to put the request in writing. City Manager Shapiro will advise staff member who wrote the response that it was an inappropriate response. 2) Advised that the residents near Tiger Minor Park had requested a gate at the Geneva Street entrance. Commissioner Parker: 1) Announced the RSVP number 656-2218. 2) Advised that she will not always be this quiet. Mayor Vandergrift: 1) Asked the pleasure of the Commission regarding when to take the next step in the city manager hiring process. Consensus was to wait until after the run-off election is completed. 2) Reported potholes on Johio Shores Drive. 3) Read a letter from Barbara Pennington reporting the status of the Ocoee Middle School in the Odyssey of the Mind competition. City Manager Shapiro asked if it would be appropriate to contact Mrs. Pennington and provide shirts for the students participating. Consensus was to direct Mr. Shapiro to do so. 4) Said he had asked for Scrub Lake to be stocked with fish and Recreation Director is aware of it. 5) Wants a sign up at the recreation center when completed. 9 Ocoee City Commission Regular Meeting March 4,1997 ADJOURNMENT The meeting adjourned at 10:00 p.m. APPROVED: City of Ocoee ;;:5 5:xt UeC- Ii s. Scott Vandergrift, Mayor l-J,. 10 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NA~IE-FIRST NA~IE-~IIDDLE NA~IE NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE -;' ill 55 - () SCOTT It {( Lflll//) 'coee CI 1.7 C,-n r1tlrslclV .-- ~IAILlNG ADDRESS ( rHE BOARD. COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE ON L/I it " (' /l/ hu ,...; WHICH I SERVE IS A UNIT OF: .l() '] 01/ .,(; TY COUNTY , OTHER LOCAL AGENCY CITY (I COUNTY NA~IE OF POLITICAL SUBDIVISION: "~I () "';1 /I,J:.j ~ acue. e Ocue.e DATE ON WHICH VOTE OCCURRED {j J/tj /77 MY POSITION IS: VELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the Imv when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reas.on, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ,u should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. (l I (IU' 1....1) 'n "..