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HomeMy WebLinkAboutItem III (A) Acceptance and Approval of Minutes of Regular Commission Meeting of February 1, 1994 AGENDA 2-15-94 Lit n - Item III A MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMIVIISSION REGULAR MEETING HELD February 1, 1994 CALL TO ORDER Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to order at 7:30 p.m. in the commission chambers. The opening prayer was led by Pastor Lance Laird of the First Baptist Church. Cathy Carter, Assistant Scout Master, introduced Robert Davis of BOY SCOUT TROOP 217 who presented the Colors. Mrs. Frances Watts, Senior Citizens President, led in the pledge of allegiance. Scout Davis posted the Colors and retired. 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, Recreation Director Beech, Public Works Director Brenner, Building and Zoning Official Flippen, City Engineer/Utilities Director Shira, Planning Director Wagner, City Clerk Grafton, and Clerk/Stenographer Lewis. ABSENT: None PRESENTATIONS AND PROCLAMATIONS There were no presentations and proclamations. CONSENT AGENDA The consent agenda consisted of items A, B, C, D. Commissioner Gleason said that while he was meeting with the Citizens Advisory Committee of Orlando Area Transportation there was discussion regarding the expansion of Silver Star Road. He asked if item C plat included another lane. City Engineer/Utilities Director Shira said the plat includes the right-of-way donated by the developer to incorporate additional right-of-way. Regarding item D, Commissioner Gleason asked if this was waiving the fee only and City Manager Shapiro said that was correct. Mayor Vandergrift asked when Bexley Boulevard will be finished and said only one outlet serves lots 82, 1, 2, 3, and 4, for fire services. City Engineer/Utilities Director Shira said that part of Bexley Boulevard is already constructed. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the consent agenda items A, B, C, and D as presented. Motion carried 5-0. A. Acceptance and Approval of Minutes of Regular Commission Meeting of January 18, 1994. B. Approval and Authorization to Execute Necessary Documents re: Sewer Permit 88-01 (Lake Whitney Ltd./Orange County): 1. Cancellation of Wholesale Letter Agreement and Permit and Contract S-88-12 for Belmere Planned Development, 2. Revoke Sewer Permit 88-01, 3. Refund to Wingfield Development Company for Wastewater Capital Charges of $529,475 and Revenue/Maintenance Fees of $24,000. C. Approval and Acceptance of Silver Bend Unit 2 Subdivision Final Plat. rm Ocoee City Commission Regular Meeting February 1, 1994 D. Approval and Authorization to Waive all Rezoning and Special Exception Fees related to the Glad Tidings Assembly of God Application to Permit Operation of a Child Care Facility at 1701 Adair Street, Ocoee. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. PUBLIC HEARINGS SECOND READING OF ORDINANCE NO. 94-01, AMENDING BUILDING CODES Ordinance No. 94-01, amending building codes, was presented by title only for the second reading and public hearing. The public hearing was opened, and as no one wished to speak, the hearing was closed. Mayor Vandergrift said this affected only energy efficient codes and are laws set by the State. Commissioner Foster, seconded by Commissioner Combs, moved to adopt Ordinance No. 94-01, amending building codes as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. APPROVAL OF SETTLEMENT AGREEMENT DOCUMENTS CASE NO. CI93-245 WITH ORANGE COUNTY 1. Settlement Agreement between the City of Ocoee and Orange County. 2. Joint Planning Area Agreement between the City of Ocoee and Orange County. 3. Tri-Party Agreement pertaining to Development Restrictions between Orange County, the City of Ocoee, Battaglia Fruit Co. Inc. and S.C. Battaglia, Trustee. 4. First Amendment to Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06). 5. First Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87-88). Attorney Rosenthal presented these items for consideration in this public hearing. Mr. Rosenthal explained that in January, 1993 Orange County filed a lawsuit against the City in connection with certain annexation and zoning Ordinances adopted by the City in December, 1992 and January, 1993. Subsequently the Orange County Commission met with the City Commission in February, 1993 and following that meeting the City set parameters for settlement discussions between the City and the County in March, 1993. Since that time the City and County staffs have come up with a proposed settlement agreement which the City staff is unanimously recommending. This proposed agreement was approved by the Orange County Commission in a public hearing on January 25, 1994. Attorney Rosenthal introduced Allison Yurko, Chris Esterman and Patsy McClure of Orange County who had been actively involved in the negotiations. 2 Ocoee City Commission Regular Meeting February 1, 1994 Patsy McClure, Administrative Assistant for District II in Orange County, thanked the commissioners for consideration of the Settlement Agreement and said she had appreciated very much the assistance received from the City, especially City Manager Shapiro, Mr. Rosenthal, Mr. Wagner, Mr. Behrens, Mr. Shira, and Ms. Beamer in working together on an Interlocal Agreement that the County thought might solve any future problems between the County and the City. Ms. McClure also said a good intergovernmental coordination had arisen from the management planning. The public hearing was opened. City Attorney Rosenthal stated for the record that in Exhibit B, the Joint Planning Area Agreement, the current Joint Planning Area Land Use Map indicates 8 to 10 in High Density and should read 8 to 16 in agreement with the Ocoee Comprehensive Plan as presented to the County Commission. Mayor Vandergrift explained to the public that last January or February, 1993 the County had sued the City of Ocoee based on the State of Florida approving two Comprehensive Plans (one for the City and one for the County) which overlapped each other but which were different. He said that the City was marking an historical moment in this action. As there were no comments from the audience the public hearing was closed. Commissioner Gleason thanked Attorney Rosenthal and the staff for both the County and the City for resolving an issue which should have been resolved a long time ago. Commissioner Gleason, seconded by Commissioner Foster, moved to approve (1) the Settlement Agreement between Orange County and the City of Ocoee, (2) the Joint Planning Area Agreement Between Orange County and the City of Ocoee in Furtherance of Settlement of Litigation Between the Parties, (3) the Tri-Party Agreement Pertaining to Development Restrictions between Orange County, the City of Ocoee, Battaglia Fruit Co., Inc. and S. C. Battaglia, Trustee, (4) the First Amendment to Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) between Orange County and the City of Ocoee, (5) the First Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87-88) between Orange County and the City of Ocoee, and (6) authorize execution of the foregoing Settlement Documents by the Mayor and City Clerk with the revision to Exhibit B, the Joint Planning Area Agreement, reflecting High Density, 8 to 16 dwelling units per acre. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. RECESS 8:00 - 8:10 p.m. OTHER BUSINESS CONSIDERATION OF RENOVATION/EXPANSION OF THE YOUTH RECREATION CENTER - ACCEPT FLOOR PLAN/ELEVATION AND COLOR PALETTE Administrative Services Director Beamer said the floor plan/elevation had been presented to the Recreation Advisory Committee for review and that the Architect was present to discuss the 3 Ocoee City Commission Regular Meeting February 1, 1994 plans with the color palette. Ms. Beamer pointed out that, since current funds are limited, the specifications are written to produce a bid on the whole project and a bid for Phase I only. Ms. Beamer also said the City is looking into the Emergency Management Preparedness and Assistance Trust Funds For Municipal Emergency Management Programs as a possible funding source for that portion shown on the Exhibit as Phase II. Architect Tim McNicholas, with C. T. Hsu, presented tile and color patterns for the complex and confirmed replacement of the ceiling tiles in response to Mayor Vandergrift's question regarding the acoustics on the current building. Commissioner Johnson said the plan had changed and did not include two separate serving centers from the kitchen area in the event two groups were using the Recreation Center at the same time, pointing out there are not enough places to meet in the City and the best possible use must be made of the space available. City Manager Shapiro said the conference room could be utilized for arts, crafts, or smaller meetings as some groups would want just coffee instead of actual cooking. Ms. Beamer suggested a wet sink in the conference room. Architect McNicholas said that he could rearrange the configuration to accommodate a wet sink. Mayor Vandergrift asked if the bathrooms and kitchens were involved in Phase II and Ms. Beamer replied that they were, but that the specifications should be complete before putting it out for bid. City Manager Shapiro said if the bids come in at a really good price and everyone agrees that the City needs to move on it then the staff would return to the Commission with a request to complete all of it. Commissioner Foster said he would like to see the City move ahead with Phase II if possible, that Phase I without Phase II would not be satisfactory. Mayor Vandergrift said the staff report had mentioned funds may be available through the Municipal Emergency Management Program since it was planned to utilize the Youth Recreation Center as an emergency shelter for employees involved in disaster recovery and/or their families. Following a vigorous discussion regarding the placement of walls, openings and kitchen use, Commissioner Johnson, seconded by Commissioner Gleason, moved to remove the last few feet of the storage beside the kitchen, put the wall up, and add more kitchen space with an opening for serving, and a wet bar in the conference room. Motion carried 5-0. Commissioner Gleason said that he was definitely in favor of the changes as the City was lacking meeting space. He asked to be brought up to date on long term plans for the Recreation Department involving a true recreation center/sports complex/gymnasium in the Comprehensive Growth Plan. City Manager Shapiro said it is an item of a "wish list" in regards to GOP Bond Issues and that he would see it in the review of the Comprehensive Plan. Commissioner Combs pointed out he was in favor of the current plans but was looking for a gymnasium. He said he had asked Mr. Beech to be looking for a location and wanted to discuss it soon. Mayor Vandergrift asked if the Recreation Center was open during the weekends and Mr. Beech said the Center is usually rented to private functions on weekends. APPROVE WORK ORDER NO. 1 IN AMOUNT OF $5,000 FOR C.T.HSU FOR ADDITIONAL SERVICES FOR YOUTH RECREATION CENTER 4 � Ocoee City Commission Regular Meeting February 1, 1994 Administrative Services Director Beamer said the City had contracted with C.T. Hsu & Associates for specific items, and when negotiated originally it was very simple in terms of expansion and renovation of buildings but in order to make it into an emergency facility the list has grown involving layout, electrical, mechanical, and structural changes for the Youth Center. The staff had discussed with Mayor Vandergrift the monies available under the Municipal Emergency Management Plan and had looked at what it would take to make it an emergency facility. Along with other changes, provisions must be included for a generator in the plans so as to avoid retrofit. With the additions there are extra costs which the architect has incurred in revising the plans. In response to Mayor Vandergrift's question, Ms. Beamer said funding would come from Impact Fees and the City is still within the expected spending range. Mayor Vandergrift said monies, in part, will be coming from a grant the City has applied for in making the Youth Center a Hurricane Center for City Employees. He also said the City is looking diligently for other shelters in the community. Commissioner Johnson said the Youth Group had given $10,000 and Ms. Beamer pointed out that those funds are strictly for construction, and every effort is being made to be certain that the money from TeePee Lumber also goes directly to construction. Commissioner Foster, seconded by Commissioner Johnson, moved to approve Work Order No. 1 in the amount of $5,000 for C. T. Hsu for additional services for the Youth Recreation Center. Motion carried 5-0. DISCUSSION RE: LETTER OF NO OBJECTION TO ROBERT HINSON RE: ANNEXATION INTO WINTER GARDEN City Manager Shapiro explained that this land is located on the west side of the planned Western Expressway and is best suited to be served by the City of Winter Garden. He said it would be in the best interest of Mr. Hinson and the City of Ocoee for the parcel to be in the Winter Garden area. Commissioner Johnson, seconded by Commissioner Combs, moved to express no objection to the proposed annexation of the Robert C. Hinson Property into the City of Winter Garden. Motion carried 5-0. DISCUSSION RE: DISTRICTING ISSUES Single Member Districts and District Lines. Commissioner Johnson said he had asked for the item to be placed on the agenda but requested that it be removed until information regarding elections, County rules, and new dates was available. Commissioner Johnson, seconded by Mayor Vandergrift, moved to table the districting issues until further notice. Motion carried 5-0. DISCUSSION RE:ORDINANCE NO.93-21,RECYCLING COMMERCIAL AND MULTI- FAMILY City Manager Shapiro said Commissioner Johnson had asked that this item (Ordinance No. 93- 21 which made the recycling of solid waste mandatory for businesses and multi-family accounts in Ocoee) be placed on the agenda for discussion. Commissioner Johnson said that he had 5 Ocoee City Commission Regular Meeting February 1, 1994 thought at the time this was adopted that it was mandated by the state but had since learned that it is not. He said he would prefer to amend the ordinance, making it not mandatory but offering an option to businesses until such time that the State, County, or Federal Government makes it mandatory which might possibly be next year. City Manager Shapiro said in order to do this the staff would be required to prepare an amendment to the Ordinance and go through a public hearing. Commissioner Gleason said if the City did not encourage businesses to recycle it would be hard to encourage the residents to support the program. Commissioner Combs said that he had not received calls from businesses in his district regarding the issue. Commissioner Foster said he agreed with Commissioner Gleason, that even though it is not a State mandate, it should be a City mandate, that recycling is a very essential part of day to day living and must be encouraged. Mayor Vandergrift pointed out that, by passing the Ordinance, the community has been on the leading edge of recycling in the County and the State, and that soon the State probably will be mandating it anyway. By leaving the Ordinance in place the costs to go back through and recycle the ordinance would be avoided. Public Works Director Brenner said the staff had not solicited any opinions but had received calls regarding commercial accounts. He pointed out that large and middle range generators of recyclables are going to see savings the longer they participate, but that may not be so for the small businessman. The small businessman using a 14 gallon container has to be charged the $10 month because someone must hand collect. The costs involved in hand collection versus automation are passed on to the consumer here. Mr. Brenner said the staff welcomed the opportunity to learn ways of cutting costs and/or providing a better service. Mayor Vandergrift, upon learning that the Ordinance does not include industrial and institutional facilities, said he would like for those to be included. Commissioner Johnson said the post office had been canvassed regarding recycling and Mr. Brenner said that had been a mistake. City Manager Shapiro said in response to Mayor Vandergrift's question regarding exemptions that both the post office and City are institutions rather than commercial agencies. He said that IWS picks up garbage under the franchise agreement but the Ordinance just passed concerning recycling specifies commercial agencies and the post office is not commercial entity. City Manager Shapiro said the Ordinance was targeted for multi-family, commercial sites, hotels and restaurants which are large producers of recyclable waste. Commissioner Johnson said he believed in recycling but felt it should be on a voluntary basis. Mayor Vandergrift said he would like the City to look into and be included in institutional recycling, as well as the post office. Commissioner Johnson said he would be contacting all the businesses about this issue. No action was taken on this item. CONSIDERATION OF TRANSFER OF WHITEHILL SUBDIVISION FIFTY-FIVE WATER CUSTOMERS FROM ORANGE COUNTY TO THE CITY OF OCOEE Administrative Services Director Beamer explained that conforming the water territorial boundaries with the wastewater territorial boundaries resulted in creating an opportuuunity for 6 o � p Ocoee City Commission Regular Meeting February 1, 1994 the City to include as water customers fifty-five Whitehill homes which have City sewer service and the assignment of those customers was transferred by the Orange County Commission by way of a Resolution enacted January 25, 1994. Mayor Vandergrift, seconded by Commissioner Foster, moved to accept the conveyance of the Personal Property which services the fifty-five Whitehill Subdivision water customers from Orange County to the City of Ocoee as described in Orange County Resolution No. 94-W-01. Motion carried 5-0. ANNOUNCING FOUNDERS DAY - MRS. BETTY HAGER Commissioner Combs said that seeing the new Ocoee map that was recently published with a history of the City prompted a desire to establish a Founders' Day celebration and he had asked Mrs. Betty Hager to plan the occasion. Mrs. Hager said that May 14 would be the date to mark on the calendar for this year's celebration and she spoke briefly about contacting other small towns for ideas to be incorporated into the program. She also pointed out several errors in the history as it was published which will be corrected when the map is updated. Commissioner Combs will be in charge of publicity and interested citizens are asked to contact Mrs. Hager at 656-3838 and Commissioner Combs at 656-3433 REQUEST TO ALLOCATE $15,000 FROM CONTINGENCY FOR THE PURPOSE OF CONSTRUCTION OF SAWMILL STUMP ROAD City Manager Shapiro explained that, at the time of platting Sawmill Subdivision, a stub-out road had been approved to provide Mr. Coffman an entry to his driveway, and indeed construction was initiated. However, construction was stopped at the direction of an elected official. For some time Mr. Coffman used his driveway which runs parallel to Sawmill Boulevard exiting onto Apopka-Vineland Road approximately 10 feet from the Sawmill entrance. However, since such use presented a recognized danger, Mr. Coffman gave notice that he wished to use the platted ingress/egress to Sawmill Boulevard and has been doing this. The Sawmill homeowners have expressed concern that Mr. Coffman's use of the unpaved right-of- way will present a danger to the children, and, although they preferred not having the road, they have given their approval if it would be safer. Mr. Shapiro recommended that, due to the fact that a City official had stopped this road from being built, and at the cost of the developer had it removed prior to the completion of Sawmill, the City should complete this road for the safety of the people. He said that, as the developer has paid for it once he would be hard pressed to ask him to pay for it again and he requested funds to be taken from Contingency for the purpose of constructing the road stub-out as requested. Commissioner Foster asked whether the existing dirt road currently being used by Mr. Coffman will be eliminated if the City permits the entrance into Sawmill Boulevard. City Manager Shapiro said that the road was in the County but Mr. Coffman would have a legitimate and safe method for ingress/egress, and that whatever happens would not the problem of the City. Mr. Shapiro made it clear that in all cases every witness had stated for the record that Mr. Coffman refused the road at one other time in the past and then changed his mind after the road was destroyed. Mr. Shapiro said the developer had 7 [id n J Ocoee City Commission Regular Meeting February 1, 1994 advised him that the drainage lines are there and connected which will be some savings to the City. Commissioner Gleason expressed his appreciation to the City Manager, the staff, and Mr. Russell for coming in and he said that when the issue came up he had not anticipated the City would have to pay the $15,000, as it was the developers responsibility. However, after hearing the facts he could not ask the developer to spend the money again when he had already followed through with what was required. City Attorney Rosenthal said the bottom line was that the City Commission, for whatever reason, approved the plat that shows this as a dedicated road which gives the public the right to travel the road. There are many different versions as to why the road is not paved, but the fact remains that Commission either needs to pave it or vacate it. Vacating it is probably not a realistic recommendation because of the dangerous situation that would be created at the intersection. The written documentation said it is the developer's responsibility, but it is obvious that testimonies present a different picture. He said that if the City were to try and force the issue in court the cost would exceed $15,000. Commissioner Gleason, seconded by Mayor Vandergrift, moved to approve and authorize to allocate $15,000 from Contingency for the purpose of construction of Sawmill Stump Road as recommended. Motion carried 5-0. DISCUSSION RE: JUVENILE JUSTICE PARTNERSHIP GRANT Resolution No. 94-02, relating to implementing Juvenile Justice Program. THIS ITEM WAS PULLED FROM THE AGENDA. City Manager Shapiro said the principal of the school had spoken with members of the Orange County School Board and members of the superintendent's office, and upon learning that the chances of receiving the grant were slim and that costs were associated with it, the school had chosen not to pursue it further. APPOINTMENTS TO BOARDS CITIZENS ADVISORY COMMITTEE OF ORLANDO AREA TRANSPORTATION STUDY - to replace Jim Gleason. Commissioner Gleason said this was a Citizens Advisory Board that advises the Metropolitan Planning Board, and is strictly a citizens committee required by Federal Law, meeting on the last Wednesday of each month, 10:00 A.M., at the East Central Florida Regional Planning Counsel located near the Lee Road and I-4. It is made up of representatives from Osceola, Seminole, and Orange Counties, and all of the various cities who meet to give their input involving the transportation plans for the years 2010, and 2020. Mayor Vandergrift said interested parties should contact their commissioner or the office of the City Clerk, and tabled the item for the next meeting. 8 u Ocoee City Commission Regular Meeting February 1, 1994 POLICE ADVISORY BOARD There were no applications on file. Mayor Vandergrift asked if there were appointments or openings. City Clerk Grafton said the position vacated by Mary Ann Swickerath had not been filled but it is a flexible board and can function without an appointment at this time. No action was taken. (Clerk's note to file: Commissioner Johnson advised after the meeting that the Board was designed to be 25 members and the remaining seats were to be filled from new residential sections as the City develops.) STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMIVIISSIONERS Commissioner Gleason: 1) Said the Ocoee Elementary School's Fall Festival is scheduled for Friday, February 11 with any benefits from the festival going to the children in Ocoee attending school. 2) Announced the soft opening of the Golf Course of Ocoee last Friday. He said he had not had a chance to play golf on the beautiful course but was there today for his first lesson and was advised that the number of lessons needed may help them pay off their debt here. The grand opening is scheduled for February 11. 3) Said that Winn Dixie will donate a portion of their sales from 4:00 p.m. to 8:00 p.m. on Thursday, February 3, to the American Cancer Society. He added that he and some of the officials from Winter Garden will be there from 6:00 - 8:00 bagging groceries and he asked for support from the community. 4) Thanked City Manager Shapiro and Public Works Director Brenner for the progress toward making the signage more visible at Harbour Highlands II and Sleepy Harbour. Commissioner Combs: 1) Thanked Public Works for mowing the Orlando Avenue entrance to Prima Vista subdivision and asked Mr. Brenner to look into why a strip in that area was unmowed and overgrown with weeds. 2) Said the street paving is excellent. 3) Noted there had been a letter from Mr. Davis and asked that he be copied on any correspondence. City Manager Shapiro said the letter had to do with park lights and the field has been moved to another part of the park so the lights will no longer disturb him and that Commissioner Combs would be receiving a copy of the letter along with his letter in response. Commissioner Foster: 1) Kudos to Mr. Brenner on the "Welcome to Ocoee" sign replacing the one damaged in an accident at the Clarke Road/Colonial Drive intersection. 9 mma Ocoee City Commission Regular Meeting February 1, 1994 2) Said the Saturday Evening Post included a map of different points featuring a section of "Where you are!" and Ocoee was included on this map. 3) Requested someone check the gates to the retention pond on Kissimmee Ave. There was loose dirt and the gate was opened when he was by the area earlier in the day. 4) Said Commissioner Gleason had professional prowess in his golf game and that Commissioner Foster had been assigned a handicap of 36, asking Mr. Brenner if that meant he was real good. Commissioner Johnson: Had no comments at this time. Mayor Vandergrift: 1) Said he had met that afternoon with World Cup promoters and the World Cup will be held June 19 - July 3, with teams playing soccer from Belgium, Morocco, etc. He pointed out to interested fans that there will be world wide recognition in our area. Commissioner Gleason said tickets were already sold out. 2) Asked if the City was committed to begin saving the brick streets as opposed to paving over them, and asked further about setting policy. City Manager Shapiro said the issue should be discussed and considered at mid-year budget time but that staff has not yet been directed to address: 1)what it would cost to remove the asphalt; 2)how to fix it; and 3)how to repair it after it is fixed. 3) Asked that pot holes be repaired on the southeast corner of Orlando Avenue (White Rd) and Bluford Avenue. 4) Asked for a light study at the Sleepy Harbour Condo, saying a couple of street lights would do. City Manager Shapiro said it would be the responsibility of the Condo and asked for a contact person, adding he would have someone call regarding the situation. 5) Said he would like to see the requirements for retention ponds to be shallow and to include trees and pointed out how nice it is going to look as the trees grow around the holding ponds at the hospital. ADJOURNMENT Commissioner Johnson, seconded by Commissioner Combs, moved to adjourn the meeting at 9:40 p.m. Motion carried 5-0. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 10