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HomeMy WebLinkAboutItem III (A) Acceptance and Approval of Minutes of Regular Commission Meeting AGENDA 12-7-93 r(1, n Item III A MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD November 16, 1993 CALL TO ORDER Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to order at 7:32 p.m. in the commission chambers. The opening prayer was led by Commissioner Paul Foster. Mrs. Hilda Elms, Orange County Chairperson for the Seniors and Law Enforcement Agents Together, led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Planning Director Wagner, Fire Chief Strosnider, Personnel Director Psaledakis, Police Chief Boyd, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift introduced Innovative Idea Awards recipients Dennis Curey and Steve Edmondson and described their inventions, each of which will save the City the equivalent of one man year in salary: Mr. Curey designed an edger which will edge both sides of a sidewalk simultaneously; Mr. Edmondson created a sponge apparatus to serve as an applicator for Roundup which leaves a very professional appearance and eliminates waste. The Innovative Idea Awards Committee had determined a $1,000 reward each was appropriate and Mayor Vandergrift made the presentation at this time. The following Proclamations were presented by Mayor Vandergrift: 1. Community Affairs Week - November 15-20, 1993 2. Family Focus Weekend - November 19-21, 1993 3. National Bible Week - November 21-28, 1993 CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. Commissioner Gleason questioned changes on item C (Approval and Authorization for Mayor and City Clerk to Execute Addendum to Voluntary Cooperation and Operational Assistance - Mutual Aid Agreement (Authorizing Ocoee Police Officers to React to Certain Crimes Within Orange County's Jurisdiction Only While on Duty). Chief Boyd advised that the current Mutual Aid Agreement authorizes off-duty police officers within the County's jurisdiction to react to certain crimes and this amendment changes that authorization to specify on-duty police officers. Mayor Vandergrift asked if there were any costs associated with item III B and whether the City would lose any frequencies if the proposal does not work out. City Manager Shapiro responded that the costs were budgeted in this current budget and that the City will not give up any frequencies. Commissioner Johnson, seconded by Commissioner Foster, moved to approve the consent agenda as presented. Motion carried 5-0. LESC-3 Ocoee City Commission Regular Meeting November 16, 1993 A. Acceptance and Approval of Minutes of Regular Commission Meeting of November 2, 1993. B. Approval and Authorization for Mayor and City Clerk to Execute Interlocal Agreement between Orange County Fire/ Rescue and Ocoee Fire Department. C. Approval and Authorization for Mayor and City Clerk to Execute Addendum to Voluntary Cooperation and Operational Assistance - Mutual Aid Agreement (Authorizing Ocoee Police Officers to React to Certain Crimes Within Orange County's Jurisdiction Only While on Duty). D. Approval and Authorization to Purchase a SCADA System for Wastewater Treatment Plant from I.Kruger, Inc. as Sole Source in the Amount of $41,175. E. Christmas Food Certificates for Employees. Authorization for $4,275 to be taken from Contingency Fund to provide a Christmas Food Certificate in the amount of $25 for each City employee. COMMENTS FROM CITIZENS/PUBLIC R. P. Mohnacky, 1820 Prairie Lake Blvd., inquired about water use regulations and whether we are under the jurisdiction of St. Johns authority. City Manager Shapiro advised that we are required by law to enforce the St. Johns Water Management District rules. PUBLIC HEARINGS Special Exception Case No. 1-5SE-93: St. Paul's (continued from November 2 meeting) application for a School in an R-3 Zone. Attorney Rosenthal advised that this is a continuation of the advertised public hearing and was still open. City Manager Shapiro explained that this situation began over a year ago with St. Paul's request for authorization to provide a location for a school for children with learning style differences, which authorization the City granted for one year. Recently an extension was requested and granted to finish the school year. Mr. Shapiro cautioned Commission that, in considering this request for a permanent school, Commission should be aware that allowing a church to use their facilities in this manner could open the door for any kind of school in a church. When this request for a permanent school was brought before the Development Review Committee (DRC) that Committee recommended approval subject to three conditions: 1) That the School shall be directly related to the Church and that the ministry shall have some kind of control or input of the curriculum, and that there shall be at least two members of any governing board that may be implemented at a later date; 2) The School enrollment shall not exceed a total of 190 full and/or part-time students; 3) All school activities conducted on the premises shall be concluded by 10 p.m. Sunday through Thursday nights and by 11 p.m. on Friday and Saturday nights. The Church has determined that this school, although not a Christian School as such, 2 Ocoee City Commission Regular Meeting November 16, 1993 is a part of their ministry and they will agree to have members of the School Board as a part of the Church Board. The facility has been inspected by the Building Department and Fire Department and those inspectors determined the capacity of the school to be 190 students. Mayor Vandergrift called for public comments. Mr. Stamper, Pastor of St. Paul's, was present but had no comments at this time. Mr. Harold Switzer, 609 E. Lakeshore Drive, speaking as chairman of the Planning and Zoning Commission, reported that the matter of tying the school to the church had been discussed at length and that commission had concluded that the City does not have the right to dictate to the church and the school what they can do. P & Z Commission did agree with the other two conditions, however. Mr. Shapiro responded that if the school is not considered a part of the regular church process then it becomes a commercial venture. Ms. Tanya Miller, 912 Center Street, confirmed Mr. Switzer's remarks and noted that there has been a commercial enterprise leasing space from a church on Floral Street in Ocoee since 1984. Citizen R. P. Mohnacky, 1820 Prairie Lake Blvd., pointed out that this request is not against the laws, but is a special exception. City Attorney Rosenthal advised that the criteria are set forth in the staff report and that granting a special exception here would not obligate Commission to grant a similar special exception under different circumstances. Mr. Rosenthal said further that it is permissable to impose a condition that there be a connection between the school facility and the church and that the focus should be on the criteria in the Code. In response to a direct question from Commission, Pastor Stamper said that this suggestion does not cause a problem with his church. Commissioner Foster said, in defense of the Methodist Church and the jazzercise classes held in their facility, that they felt it was an extension of their out-reach ministry to make their facility available to organizations and he listed some of those organizations. Commissioner Foster asked if the infrastructure was adequate for the school and whether the school would be permanent. Staff response to both questions was affirmative. Ma or Vander ift seconded b Commissioner Johnson moved to 'rant the s.ecial exce s tion with the three conditions as recommended by DRC as stated above. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "nay," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 4-1. Commissioner Gleason stated that he was agreeing with Planning and Zoning position. He was not opposed to the church doing what they wanted to do. Shoal Creek, Preliminary Subdivision Plans The public hearing was opened. Planning Director Russ Wagner described Shoal Creek as a 35 acre, single family development located south of White Road, west of California Avenue. Mr. Wagner gave the staff report and noted that the Planning and Zoning Commission suggested modifications to the City Policy on up-sizing the water mains. Mr. Wagner advised that staff recommended approval of the preliminary subdivision plans for Shoal Creek as submitted, subject to the waivers recommended by DRC: 3 [11) [r:\ c_3 Ocoee City Commission Regular Meeting November 16, 1993 1) Section 6-2(A)(5) - Waiver from the requirement to pave California Avenue, an existing dirt street that abuts the project. 2) Section 7-2(B) (3) - Waiver from the requirement that a 50 foot environmentally sensitive lands boundary be provided adjoining the FEMA 100 Year Floodplain Area. 3) Section 7-4(B) (3) - Waiver of the required 75 foot buffer area adjoining a Jurisdictional Wetlands Area in favor of a 25 foot buffer. Project Consulting Engineer Ray Bradick discussed the reasoning for the waivers. Citizen Norman Moy, 822 Chicago Avenue, inquired about the wetlands and water basin areas. He also questioned the tie-in of street C to Montgomery instead of using California. City Manager Shapiro assured Mr. Moy that these are preliminary plans, that the final plans will include permits from the St. Johns Water Management District, soil surveys, etc. which will be addressed accordingly. Planning Director Wagner addressed the street tie-in. The public hearing was closed. Commissioner Foster, seconded by Commissioner Gleason, moved to approve the preliminary subdivision plans of Shoal Creek, subject to recommended waivers 1, 2, and 3, listed above. On voice vote Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye,' and Mayor Vandergrift "nay." Motion carried 4-1. OTHER BUSINESS First Reading of Ordinances. Second Reading and Public Hearing Scheduled for December 7, 1993. Mayor Vandergrift announced the second reading and public hearing are scheduled for December 7, 1993 at 7:30 p.m. Ordinance No. 93-20, adopting a City of Ocoee Travel Policy, repealing all ordinances in conflict, was presented by title only. Ordinance No. 93-21, relating to the Management and Collection of Solid Waste and Recyclable Materials, Amending Chapter 143 of the Code of Ordinances was presented by title only. Lease Purchase of One 1993 LODAL EVO-MAG-20-C215 Administrative Services Director Beamer presented the staff report and recommendation to: 1) award the lease purchase of a 1993 LODAL-EVO-MAG-20-C215 to Container Systems & Equipment Co., Inc. with 2) the leasing agreement from Liberty National Leasing Company for four years at $7,520 quarterly payments in advance and an interest rate of 4.96%, 3) adopt Resolution 93-15 which authorizes the purchase, and 4) authorize the Mayor and City Clerk to execute all necessary documents. City Attorney Rosenthal read the title of Resolution 93-15 4 [-id L-1\ Ocoee City Commission Regular Meeing November 16, 1993 and advised that the Resolution as it relates to construction demolition debris addresses residential only and not commercial. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve staff recommendation as presented above and to adopt Resolution 93-15. Motion carried 5-0. ELECTION OF NEW MAYOR PRO TEM Commissioner Gleason, seconded by Commissioner Combs, moved to re-elect Rusty Johnson as the Mayor Pro Tem for the next term. Motion carried 5-0. APPOINTMENTS TO BOARDS Police Department Advisory Council (3 Year Terms) Commissioner Johnson, seconded by Commissioner Combs,moved to reappoint Yvette Hurst and Truman Stearns to serve on the Police Department Advisory Council with terms to expire December 1996. Board of Adjustment (Jim Gleason resigned - 3 Year Term Expires May 1996) Recreation Board (Catherine Hunt resigned - 2 Year Term Expires October 1994) Citizens Advisory Committee of the Orlando Urban Area Transportation Study (Jim Gleason resigned). There was consensus to table these items until the December 7 meeting. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Gleason: 1) Thanked participants in last election whether they voted for or against him and said that he looks forward to serving the citizens. 2) Announced Toys for Tots and advised those who wished to donate/participate to contact Rose Hatcher in the Police Department. 3) Cautioned residents in newly developing areas that they should be involved in neighborhood watch system, get acquainted with their neighbors and help each other. 4) Noted that the Temple Grove street lights are up and asked that the policy of waiting until a development is at 50% to install the lights be revised. 5) Announced that the Police Department offers a holiday seminar on home protection and Officers Conyers and Sabat are available to address any group. Commissioner Combs: 1) Advised that he has delivered a packet of information to Olympia Village re: the culvert covers. 5 [-Jd E., Ocoee City Commission Regular Meeing November 16, 1993 2) Announced that the Lions Club Christmas Parade has a changed route this year, shaping up in the Industrial Park and going down Bowness Road, and that maps are available in City Hall. He asked that the parade routes be posted several days in advance and that officers be patrolling the old route to advise those citizens who may be in the wrong place regarding the new location. 3) Announced that he has asked Betty Hager to chair a committee to prepare for Founders' Day. 4) Announced that WalkAmerica is preparing for 1994 Walk in April and asked for volunteers. 5) Announced Christmas party for employees December 11 at Fat Boys. 6) Reported the sidewalk at Lakewood and Sasabe intersection needs repair. 7) Advised the TV crew that it is 10:00 p.m. and they have not revealed any scores on the screen. Commissioner Foster: 1) Announced the joint SYSCO/City of Ocoee Thanksgiving Dinner distribution will be November 24 from noon to 6:00 p.m. in the commission chambers and that tickets are available now in City Hall. Commissioner Johnson: 1) Advised that some citizens wish to form a committee to look into a referendum for voting city wide for commissioners to serve districts. 2) Area on Franklin Street needs to have the grass replaced. 3) The Cumberland Farms problem with the septic tank/parking area has not been resolved. 4) Thanked Ted Moore for the street being named for Doc Pounds. Mayor Vandergrift: 1) Asked about Christmas lights on Clarke Road. Administrative Services Director Montye Beamer has the information so the cost can be compared. Public Works Director Ray Brenner said there are 105 locations at $400-$500 each. Report will be on the next agenda. 2) Wants a scenic route defined and suggested the route. 3) Asked if a spring/fall cleanup day can be arranged with Sanitation. 4) What can be done about speeding in PKP 1? 5) What about sidewalks to Wal-Mart? 6) Need street lights in PKP 2. 7) Commended Brenner and Elmore for their guidance and leadership. 6 D i-jd EA c---: Ocoee City Conunission Regular Meeting November 16, 1993 ADJOURNMENT The meeting was adjourned at 9:47 p.m. Attest: APPROVED: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 7