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HomeMy WebLinkAbout05-20-97 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD MAY 20, 1997 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the Commission Chambers and introduced Mr. Charles Hooper, teacher of American Government at West Orange High School, who brought his graduating class. Commissioner Anderson led in the prayer and Frances Watts 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 Engineer Shira, City Attorney Rosenthal, Planning Director Wagner, Senior Planner Horne, Fire Chief Strosnider, Recreation Director Beech, Special Counsel Barice, Public Works Director Corwin, Building Official Flippen, Public Works Superintendent Smith, Recreation Supervisor Nordquist, Site Plans Examiner Lewis, Capital Projects/Concurrency Analyst Resnik, Assistant City Engineer Wheeler, and City Clerk Grafton. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS Film - Empowering Florida's Governmentfor the 2pt Century: Your City's Role with the Commission on Local Government II. Mayor Vandergrift displayed a film on Empowering Florida's Government for the 21 sl Century and said that the State of Florida was asking for the Commission's input in regards to the questions asked in the film. Mayor Vandergrift then directed City Clerk Grafton to note the dates that the commission meetings would be held in Orlando, (August 7 & 8, 1997) and that a memo be put out so that Ocoee's City Commission may attend these meetings. City Manager Shapiro suggested that staff collect the questions asked on the film, that a work session be held for staff s input, and then bring their findings back to Commission for review. UPDATE ON CHARTER REVIEW COMMISSION - CHAIRMAN BEATTY. Former Commissioner Combs, standing in for Chairman Beatty, distributed flyers prepared by Mrs. Martha Lopez-Anderson, thanked the Commission for authorizing the mail-out for the Charter Review Commission and asked that Commission approve the mail-out as presented. Mayor Vandergrift suggested that (Mayor/Administrator) be inserted following Strong Mayor Form of Government for better description of the form of government. Ocoee City Commission Regular Meeting May 20, 1997 Commissioner Anderson. seconded by Commissioner Glass. moved to approve the form of the flyer with the addition of (Mayor/Administrator) as suggested. Motion carried 5-0. Award of Stormwater Management Certificates by Public Works Director a. Equipment Operator Ken Bruce - Class C b. Public Works Operations Supervisor Buddy Elmore - Class A Public Works Director Corwin introduced Bob Smith, the new Superintendent in Public Works, and announced that Mr. Smith is a resident and a native of Ocoee. Mr. Corwin then awarded Stormwater Technician Certificates from the Florida Water and Pollution Control Operators Association to Ken Bruce, Equipment Operator, Class "C" certification, and Buddy Elmore, Public Works Operations Supervisor, Class "A" certification. PROCLAMATION Code Enforcement Officers' Appreciation Week - June 16 - 20,1997. Mayor Vandergrift proclaimed June 16 - 20, 1997, to be Code Enforcement Officers' Appreciation Week. CONSENT AGENDA The consent agenda consisted of items A, B and C. City Attorney Rosenthal pulled item "C" because action had been taken at an earlier date. Commissioner Glass. seconded by Commissioner Anderson. moved to approve and accept items A and B as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of May 6, 1997. B. Reappointment to Code Enforcement Board: Frank Carlson - 3 year term expires June 1997. COMMENTS FROM CITIZENS/PUBLIC Mrs. Zera Rodgers, representing the West Orange Community for "America Goes Back to School Organization," announced an end-of-school year celebration in the form of a picnic and entertainment at the Veterans Park in Winter Garden on May 31, 1997, from 10:00 a.m. to 3:00 p.m., and asked if the City ofOcoee would be a sponsor to this event, either financially or in kind. Mayor Vandergrift asked if anyone from the Recreation Department or the City was available to attend this celebration and help out in any way; and then he made the following motion: Mayor Vandere:rift. seconded by Commissioner Howell. moved to take $500 from the Community Fund to support this event. Motion carried 5-0. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked what type of development was being constructed on the southeast corner of Clarke Road and A.D. Mims. Mayor 2 Ocoee City Commission Regular Meeting May 20, 1997 Vandergrift said it would be a housing development and each house would be receiving three trees. Mr. Mohnacky then asked why they were removing the trees that already existed just to plant new ones, and if there was a law against doing so. Mr. Shapiro explained that this was a ore-approved plan from 1986 that was held in abeyance as a result of Clarke Road being constructed. and basically they already had an approved set of engineering plans that the City could not legally change. but the construction company agreed to work with the City and plant three trees on each parcel of land and triple the number of trees on the outside ofthe property. Mrs. Frances Watts, 43 Shell Key Court, expressed her displeasure at the moving of the municipal election date from the first Tuesday in November to the fourth Tuesday in February. Mrs. Wendy Koslan, President of the Sawmill Homeowners Association, expressed concerns regarding; 1) the amount of traffic that Sawmill Boulevard would be receiving once the extension of Clarke Road from A.D. Mims to ClarconalOcoee is opened. She asked what regulations their homeowners association would have to go through to have traffic calming measures put in place, and who would be responsible monetarily. Planning Director Wae:ner explained that Sawmill Boulevard would not be a straight shot through to Clarke Road. so there would be traffic calming measures already in place. 2) Three years ago an easement was agreed upon between the City of Ocoee, the Sawmill Homeowners Association, and Dr. Shirer, owner of a horse boarding farm on the corner of Apopka/Vineland Road and Sawmill Boulevard. The agreement permitted his use of the easement to only 20 round trips per day and no parking on Sawmill Boulevard. Recently, Dr. Shirer has been having birthday parties on his property. The people participating in these parties and those who board their horses there have been parking on Sawmill Boulevard and using the easement far more than first agreed upon. The Sawmill Homeowners Association is requesting that no parking signs, with arrows pointing in both directions, be placed on Sawmill Boulevard next to this easement. 3) The Sawmill Homeowners Association recently learned that Dr. Shirer was trying to purchase the property next to his in order to open a horse riding institute. The Association would like to know that people would not be accessing this academy through Sawmill Boulevard. City Manager Shapiro said that he would see to it that the no parking signs were put in place and that people attending this academy would definitely not be using the easement. 4) Asked that yard waste pick-up days be changed back to mid-week instead of Fridays; and 5) commended Code Enforcement and the Police Department for good prompt servIce. RECESS 8:43 p.m. - 8:55 p.m. PUBLIC HEARINGS SECOND READING OF ORDINANCE No. 97-12, RELATED TO TELECOMMUNICATIONS SERVICE FACILITIES. City Attorney Rosenthal read this Ordinance by title only. He explained that Foley and Lardner also represented American Portable Telecomm and, as they could not represent 3 Ocoee City Commission Regular Meeting May 20, 1997 the City of Ocoee in this matter because of a conflict of interest, the City has retained special counsel to represent the City. Senior Planner Horne gave a presentation showing pictures and graphics on the different types and heights of Telecommunications Service Facilities and displayed a map showing areas where these different types of facilities were allowed to exist. The public hearing was opened. Mr. Mark Schuh, representing AT&T Wireless, thanked the Commission for giving him the opportunity to work with them and staff. Mr. Schuh then explained that the ordinance being proposed by staff would severely limit co-location on existing towers and encourage the construction of more towers. Also, this ordinance would not use zoning to determine the location of where towers are to be constructed. Planning Director Wagner explained that most of the towers in Area #1 were Guide Towers for radio and television transmission, so there would not be a lot of dishes and equipment mounted on them anyway. Co-locating would only add to the visual silhouette of all those facilities, and what was explained to the representatives was that they could go up under the innovative portion of the ordinance up to a 125 feet in height. Mr. George Cohen, representing American Portable Telecomm, thanked Commission and staff for working with the industry in coming up with a progressive ordinance, and asked that the record reflect his views on the following issues found in the chapters in pages 12,21, and 25 of the ordinance. Page 12 Chapter 3, subparagraph "D", under "Design", the change from white to include flat gray. In our opinion this would be more obtrusive than less. Subparagraph "F", we believe that not allowing co-location on existing facilities will mean more towers. Page 21 Chapter 1, subparagraph 2, "D", the two elevations showing the proposed structure, equipment shelter and apparatus in comparison to human scale, let the record show that we feel this is a bit excessive. Page 25 Chapter "I", Titled Reports. We feel this is excessive and oppose it. Chapter "N", Non-Conforming Facilities. It won't allow for future co-location and possibly will cause new towers to be built. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked what kind of towers would be placed in residential areas. Mrs. Horne said that only camouflaged towers would be allowed in residential areas. 4 Ocoee City Commission Regular Meeting May 20, 1997 The public hearing was closed. Commissioner Glass. seconded by Commissioner Howell. moved to adopt Ordinance 97-12. including Map 5-19. and the amendments as presented in Special Counsel Barice's memorandum dated May 19.1997. Motion carried 5-0. RESOLUTION No. 97-04, SETTING FEES FOR TELECOMMUNICATION SERVICE FACILITIES. (Not a public hearing.) City Attorney Rosenthal presented this Resolution by title only. Planning Director Wagner was present to answer questions. Commissioner Anderson. seconded by Commissioner Howell. moved to approve Resolution No. 97-04. setting fees for Telecommunication Service Facilities. Motion carried 5-0. RESOLUTION No. 97-05, ABANDONING AND VACATING A PORTION OF PALM DRIVE. This resolution was presented by title only. Capital Projects/Concurrency Analyst Resnik gave a brief overview of the staff report and requested that the public hearing be continued to June 17, 1997, at 7 :30 p.m. in light of some issues that the Expressway Authority is trying to resolve with a property owner in the area of Palm Drive. The public hearing was opened. Mr. Robert Morrison, representing the Britt Farming Company, said his client was the one Ms. Resnik had been alluding to in regards to resolving issues with the Expressway Authority. Mr. Morrison explained that his client had sold 40 acres of land to the Expressway Authority with the understanding that their construction plans were final, and they were not. Mr. Morrison concurred with staff in continuing the public hearing in this matter so that he and his client could continue negotiations with the Expressway Authority. Commissioner Glass. seconded by Commissioner Anderson. moved to continue the public hearing to June 17. 1997. at 7:30 p.m. Motion carried 5-0. OTHER BUSINESS PURCHASE OF PROPOSED PUBLIC WORKS FACILITY. City Manager Shapiro said that the correct appraisal has been distributed and that Public Works Director Corwin was present to answer questions. After lengthy discussion, Commissioner Howell. seconded by Commissioner Parker. moved to allow staff to continue negotiations with the property owner toward the purchase of the property. Motion carried 5-0. 5 Ocoee City Commission Regular Meeting May 20,1997 AWARD CONTRACT TO PRIORITY ONE FOR FIRE STATIONS 3 & 4. Fire Chief Strosnider gave a brief overview of his memorandum dated May 14, 1997, explaining that the next step in the process for the construction of Fire Stations 3 & 4 is the award of the construction contract. Staff recommended the approval of the contract with Priority 1 Construction of Brevard, Inc. as low bidder, for the sum of $1,459,000 to construct Fire Stations 3 & 4. City Attorney Rosenthal pointed out that in section 4.3 there would be a slight revision that dealt with alternate unit prices, and language would be added to clarify that the language only deals with any additions or deductions and doesn't change the base contract. Commissioner Glass. seconded by Commissioner Anderson. moved to approve the contract with Priority 1 Construction of Brevard. Inc.. for the sum of $1.459.000 to construct Fire Stations 3 & 4. Motion carried 5-0. PURCHASE OF PROPERTY AT THE NW CORNER OF BLUFORD AVENUE/COLUMBUS STREET FOR RELOCATION OF FIRE STATION #1. Fire Chief Strosnider gave a brief overview of his memorandum dated May 14, 1997, explaining that Fire Station One at the city complex is in serious need of expansion and renovations. Such renovations would cost an estimated one million dollars. The Department has located a two and a quarter acre tract at the corner of Bluford and Columbus Avenue, which would be ideal for the relocation of Fire Station One. The asking price for this parcel is $100,000. Staff requested authorization to have this parcel appraised and move forward to purchasing this location for the site of Fire Station One. The Department contacted the firm of Consortium Appraisal and Consulting Services Inc. for a cost and time frame to perform the appraisal. The cost for this service is $2500. The moneys for this cost will come from the Station One Impact Fee account. Mayor Vandere:rift. seconded by Commissioner Glass. moved to appro?riate $2500 to have this parcel appraised and move forward to purchasing this location for the site of Fire Station One. Motion carried 5-0. CHANGE ORDER No. 1 FOR FOSSITT GROUNDWORK, INC. FOR CONTINUING HORIZONTAL CONSTRUCTION SERVICES CAPITAL IMPROVEMENT PROJECT No.8. Assistant City Engineer Wheeler gave the staff report and requested approval of the change order as presented. Commissioner Anderson. seconded by Commissioner Glass. moved to approve Change Order No.1 with Fossitt Groundwork. Inc. by increasing the contract amount by $12.490.00. with an extension in contract time of forty-two days. and authorize the Mayor and City Clerk to execute Change Order No.1. Motion carried 5-0. 6 Ocoee City Commission Regular Meeting May 20,1997 After discussion, Mayor Vandergrift announced that he would take Agenda Item VI. F - Little League and AA U Baseball request to use Sorenson Field - out of agenda order and that item was considered at this time. LITTLE LEAGUE AND AAU BASEBALL REQUEST TO USE SORENSON FIELD. Recreation Director Beech referred to his memorandum dated May 15, 1997, regarding a letter from a Mr. Steve Roberts with reference to AAU Baseball in Ocoee, particular to the use of playing fields in Ocoee. Mr. Roberts requests an opportunity to play one game per week on Sunday, with the understanding that the Ocoee Little League will also be using the field on Sunday. He is willing to schedule around their games. However, the real issue is bringing AAU baseball into Ocoee. Mr. Beech said that Staff consensus at the moment is to do more planning to be able to accommodate all. Mr. Steve Roberts, 808 Apricot Drive, said that he had enough AAU players to field two teams right now and that the majority of his players were from Ocoee. Also wanted to clarify that he didn't have anything against the Little League. Mr. Fred Nielsen, 716 Kelly's Cove, representing the Jr., Sr. League, said that he had 550 players register this year and talked with Mr. Beech about using the fields, but agreed that there wasn't enough room for another league in Ocoee. Mr. Dean Ashton, President of the Ocoee Little League, gave a list of reasons why the AA U should not be allowed to use the fields in Ocoee. Commissioner Howell said that his heart has always been with the Little League and the problem that he has with the AAU is that kids could sign up to play baseball and never get to play. Mr. Bill Burkhalter, spoke about his son's accomplishments in with the AAU and encouraged the Commission to provide a place for the AAU in Ocoee. City Attorney Rosenthal cautioned that if the Commission allows the AAU to use the field, that they should be fully insured as the Ocoee Little League is. Commissioner Glass. seconded by Mayor Vandere:rift. moved to allow the AAU team on a trial basis for one year period to come and use the field on Sundays with direction to work closely with the Ocoee Little League in scheduling conflicts and the other issues addressed by the members ofthe Little League and that AAU provide adequate insurance. Motion carried 3-2. (Commissioner Howell and Commissioner Anderson voted no.) 7 Ocoee City Commission Regular Meeting May 20, 1997 Commissioner Anderson moved to amend the motion to revisit the issue after the new ball fields were built. Motion died for lack of a second. Mayor Vandergrift announced that he would take agenda item VI. H - reconstruction of Football Field at Central Park - out of agenda order and that item was considered at this time. RECONSTRUCTION OF FOOTBALL FIELD AT CENTRAL PARK. Lengthy discussion ensued about the proper care of the football field, and City Manager Shapiro advised that the football field was in very bad condition and would require several months to prepare properly for use. Mr. Shapiro stressed the importance of the community's cooperation in protecting the field. Mr. Shapiro then directed City Attorney Rosenthal to prepare an ordinance containing trespassing laws that would be necessary to protect the field. Mr. Dean Ashton, President of the Ocoee Little League, assured Commission there would be no Little League members on the field during that period. Commissioner Anderson. seconded by Commissioner Howell. moved to approve the complete restoration of this ball field with an estimated cost of $45.000 to be paid for from contingency funds which has a current balance of$216.274. Motion carried 5-0. CHANGE ORDER No.3 FOR SOUTHLAND CONSTRUCTION COMPANY FOR KISSIMMEE AVENUE/STORY ROAD AND MARSHALL F ARMS/MAGUIRE ROAD INTERSECTION IMPROVEMENT PROJECT. Mayor Vandergrift. seconded by Commissioner Glass. moved to approve Change Order No.3 with Southland Construction. Inc. by increasing the contract amount by $54.778.88. with an extension in contract time of eighteen days. and authorize the Mayor and City Clerk to execute Change Order No.3. Motion carried 5-0. REpORT ON CITY HALL/POLICE STATION SIDING ISSUES. City Manager Shapiro gave a brief overview of the staff report and introduced John Cassidy, President of Cassidy Construction and Management, Inc. Mr. Cassidy was present to answer questions on the results of the investigation into the siding and settlement problems at City Hall and the Police Department. Commissioner Howell asked about the two different processes mentioned in Mr. Cassidy's report as to the repair or replacement of the siding. Mr. Cassidy gave four different alternatives and those were as follows: 1) Replace the exterior siding and trim with new siding and trim of the same material and profile. 8 Ocoee City Commission Regular Meeting May 20,1997 lA) Replace exterior horizontal siding with a synthetic cement based siding. Replace wood trim with new wood trim of same grade and profile. 2) Replace siding and trim in poor condition. Strip existing siding and trim to wood surface. Treat wood surface for mildew, repaint, putty nail holes, and caulk joints. 3) Replace siding and trim in poor condition. Treat the painted and exposed wood surfaces for mildew. Repaint surface with acrylic latex top coat with mildew additive. 4) Replace siding and trim in poor condition. Cover existing surfaces with vinyl siding. Commissioner Parker said that replacing the siding with the same substance would provide the same results. City Manager Shapiro said, for the record, "concrete siding was what staff recommended in the beginning." Mr. Shapiro then said that there was $65,000 in the budget, and asked that Commission take the additional funds from contingency in order to go out to bid. Mayor Vandere:rift. seconded by Commissioner Glass. moved to replace the present siding with a Synthetic Cement Based Siding and transfer $88.214.00 from contingency. Motion carried 5-0. STAFF REPORTS City Manager Shapiro directed attention to a staff report just distributed from Recreation Director Beech requesting additional part-time summer recreation aides. Commissioner Glass. seconded by Commissioner Anderson. moved to authorize the addition ofthree positions for part-time recreational aides. Motion carried 5-0. COMMENTS FROM COMMISSIONERS Commissioner Howell: 1) Said that, regarding the sound problem in the lobby as discussed at the last meeting, he had introduced Public Works Director Corwin to a building contractor who was familiar with the process of using panels to break up sound, and he had provided samples for Mr. Corwin's review. Mr. Corwin said the contractor had recommended that the City use the same sound proofing material that Disney uses for their larger areas called Sound Soak. Mayor Vandergrift asked that this issue be made an agenda item for the next commission meeting, and suggested to Mr. Corwin that he look at a material called magnetic screening presently being used by the Orange County public works building at 4200 South John Young Parkway. 2) Asked for an update on Ursula Walker's water problem on Lady Avenue. City Manager Shapiro said that he would ask staff for an update and get an answer back to him within a day or two. 3) Announced the RSVP number 656-2218. 9 Ocoee City Commission Regular Meeting May 20,1997 Commissioner Anderson: D Asked for an update on the Commission Chamber microphones. Mr. Shapiro explained that it would be addressed in the next fiscal year budget. 1) Said he had been asked by the Recreation Advisory Board to present their position on the naming of the new recreation center in appreciation of Mr. Beech's many years of dedicated service to the citizens, and then he made the following motion. Commissioner Anderson. seconded by Commissioner Howell. moved to name the new recreation facility Jim Beech Recreation Center. Motion carried 5-0. Commissioner Glass: 1) Announced a meeting being held at the Windermere Elementary School Cafeteria on Wednesday, May 21, 1997, at 6:30 p.m. regarding the Belmere Development and the proposed amendments to the Land Use Plan. Commissioner Parker: 1) Announced that the Ocoee Fire Department is putting together a Community Emergency Response Team Program (CERT) starting Thursday, May 29, 1997, at a cost of $20.00. She encouraged each subdivision to have representatives in attendance. For more information call Assistant Chief Firstner at the Ocoee Fire Department. Mayor Vandere:rift: 1) Thanked City Clerk Grafton for getting the basic parliamentary information to the Commissioners, and asked for constructive criticism on how to run a better and shorter meeting, and suggested that it be put on the next Commission meeting agenda. 2) Announced that Friday, May 23, 1997, 10:00 p.m. - 3:00 a.m. a Drug and Drunk unit sponsored by Drive Smart Florida, Inc., would be working on Highway 50, between Ocoee and Winter Garden. 3) Announced that Lifesavers, National Compliance on Highway Safety, (Quick Facts Sheet distributed before the meeting) would be holding classes and workshops from June 8 - 11 and suggested that some ofOcoee's safety people attend. 4) In response to Former Commissioner Gleason's statement at the last Commission meeting that there had been a motion concerning the $75,000 that was put aside to get new sidewalks on A.D. Mims Road and Orlando Avenue, he said that when reviewing the minutes to those past meetings, all he found were comments, no motions. 5) Announced receiving a letter from the American Legion Auxiliary regarding Florida Girls State, saying they would be representing the City of Ocoee in Tallahassee, June 6 through 13, and that they had asked for 25 sheets ofletterhead, 2 city limit signs to post at the beginning and end of their floor at Landis Hall at FSU, some items with Ocoee on them for 25 girls, issue a proclamation, etc. (He suggested that the City Engineer prepare paper signs for the girls so that they would not need to return them. 6) Announced he needed someone to fill in for him over the weekend as he was leaving on a mini-vacation on Friday and expected to return in time for the Memorial Day services on Monday. 10 Ocoee City Commission Regular Meeting May 20, 1997 7) Project Help is having a cookout at Tiger Minor Park Saturday, May 24 from 11 a.m. to 4 p.m. and he needs someone to stand in for him there. 8) Reported receiving a call from Mrs. Simpson on Silver Star Road regarding being flooded out again because of the Center Street ditch. Asked that Orange County be notified to do something about it. 9) Called attention to a handout he had distributed from the minutes of the City Commission meeting of October 3, 1993 containing a list of directives to be followed by the Mayor and Commissioners and said that written policies that are established should be distributed and followed rather than verbal policies. 10) Asked that Wal-Mart be notified that its parking lot should be cleaned up and potholes repaired. 11) Asked when Clarke Road was going to open up. Mr. Shapiro advised that it is nearly done. a drainage pond has been a problem and the repair is almost complete. 12) Noted that a retention pond at Coventry needs grating or piping so that kids will not get into it. Noted again that a lakefront weed whacker is needed at Starke Lake. Mr. Shapiro said there was no problem in doing it - iust waiting on the prisoners to get to it. ADJOURNMENT The meeting was adjourned at 12:35 a.m. Attest: APPROVED: l', . '\ ~ ",-~l ( : 1\ \: / ~""'-'\ -........ 4~1 I{'t "x. /'i'/~ l t I.- if,; .,', .:' , , . ' . /' t.,.., l"~'~ \ S:Scott Vandergnft, Mayor . 11