III (A) Acceptance and Authorization of Minutes of Regular Commission Meeting of June 16, 1996 1 AGENDA 7-07-92
,, 1D D T Item III A
MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR MEETING HELD
June 16, 1992
The regular meeting of the City of Ocoee Board of Commissioners was called to
order by Mayor Dabbs in the commission chambers at 7:30 p.m. Commissioner
Woodson led in the prayer and the pledge of allegiance. The roll was called and
a quorum declared present.
PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also
present were City Manager Shapiro, City Attorney Rosenthal, Administrative
Services Director Beamer, Planning Director Behrens, Public Works Director
Brenner, and City Clerk Grafton.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
WalkAmerica Report and Presentation
City Clerk Grafton, as Chairman of the West Orange WalkAmerica, reported on the
walkathon held April 25 and presented a plaque in appreciation to Mayor Dabbs for
the City's support in sponsoring the "Top Municipal Team." Receiving the award
for "Most Spirited Checkpoint" sponsor was West Orange High School. John
Strandquist, standing in for his daughter Allison, accepted the award. The award
for "Best Decorated Checkpoint" will be sent to United Telephone Company.
CONSENT AGENDA
The proposed consent agenda consisted of items A, B, C, D, and E. Commissioner
Combs pulled item D for explanation. He said that page one, section two should
have included more than one flashing school signal and questioned the $1,500.00
additional cost for installation of loops at the Kissimmee Avenue/Story Road
intersection. City Manager Shapiro explained that the loops would permit better
traffic flow through the intersection and that the timing of the City's
improvements and the County's loop installation would be coordinated to the
extent possible. Commissioner Johnson asked about the payback from Bowness Road
and Public Works Director Brenner advised that would be at the Bluford
Avenue/Geneva Street intersection, as DOT will work only on their own
intersections. Conversation about the unsatisfactory finishing of the Bluford
Avenue resurfacing project concluded with Mr. Shapiro's reference to a letter
from the state stating that the project "met the tolerance of the contract" and
only a small amount of additional work would be done in front of the school zone.
Item D was left on the consent agenda.
A. Acceptance and Approval of Minutes of Regular Commission Meeting of
June 2, 1992.
B. Approval and Authorization to Execute Change Order V"s 6, 7, and 8
for Contract with Butler Construction Company for South Water Plant.
C. Approval and Authorization to Execute Notice of Termination of PDR
Architects, Inc.
D. Approval and Authorization to Execute an Extension to the Traffic
Signal Service Agreement with Orange County.
E. Approval and Authorization to Execute 90 Day Extension of License
Agreement with Florida Telephone and Subsequently with United
Telephone of Florida.
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Ocoee City Commission Regular Meeting
June 16, 1992
Commissioner Foster, seconded by Commissioner Combs, moved to approve the consent
agenda as presented. Motion carried with unanimous vote in favor.
COMMENTS FROM CITIZENS/PUBLIC
Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, reported that the Lake
Johio/Silver Star Road intersection is under water when it rains.
PUBLIC HEARINGS - Second Readings of Ordinance
Ordinance No. 92-14, relating to Case No. 1-5R-92:HELLER, rezoning a 12.9 acre
parcel from R-3 to I-i on Professional Parkway.
City Manager Shapiro read the title only of the ordinance and stated that this
request is consistent with the Comprehensive Plan. Planning Director Behrens
presented the staff report and Mr. Glenn Jackson, 135 South 9th Street, Winter
Garden, representing Heller Bros. , was present to answer any questions. The
public hearing was opened. Mr. R.P. Mohnacky spoke regarding the high density.
As no one else wished to speak, the public hearing was closed. Commissioner
Woodson, seconded by Commissioner Johnson, moved to adopt Ordinance No. 92-14 as
presented. On roll call Commissioner Combs voted "aye," Commissioner Foster
"aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs
"aye." Motion carried.
OTHER BUSINESS
Architect Selection - Municipal Complex - 15 Minute Presentation by Each Firm
Administrative Services Director Beamer explained that several weeks ago the
Commission had received copies of the original submittals by the architects who
were listed in a top ranking by the Architect Selection Committee. Commissioners
packets for this meeting included the overall scores of all seven companies as
well as the information provided to the top-ranked firms not only from space
needs assessment but also from the discussions that had been held earlier by the
previous architect. The four top-ranked firms had been asked to give a
presentation to the Commission based upon the criteria in Exhibit 2 of the
packet. Areas requested to be covered during presentations included: suggestions
for best approach to renovation/new construction; response to Space Needs
Assessment (by the previous architect) ; reaction to the conceptual design (given
to Commission last December, again by the previous architect) . The four firms
have been asked to give about a ten minute presentation and then to allow five
minutes for questions and answers.
Presentations for the four top-ranked proposals were made by the following:
a. The Scott Companies - Mr. Steven Krone introduced Mr. Paul Herwig and gave
the presentation.
b. Stottler, Stagg & Associates - Mr. Roy Cowell introduced Mr. William
Starmer who gave the presentation.
c. William Zettel & Associates - Mr. William Zettel introduced the project
team: Mr. James Senatore, Mr. Tom Hanson, Mr. Gary Headley, Mr. Steve Walker, and
Mr. Robert Londeree, and gave the presentation.
d. C. T. Hsu & Associates - Mr. C. T. Hsu introduced the project team: Ms.
Mari Haeflein, Mr. Buddy Peeler, Mr. Glenn Acomb, and Mr. Ralph Fruland. Mr. Hsu
and Ms. Haeflein gave the presentation.
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Ocoee City Commission Regular Meeting
June 16, 1992
Commissioners questions about the presentations included to what degree the firm
could make use of the work done by the previous architectural firm and whether
their plans would be within our budget. They expressed concern that the land be
used in such a way that the citizens could enjoy Starke Lake. Commissioners were
reassured by Ms. Beamer that the financial integrity of each firm had been
verified.
RECESS FROM 8:50 P.M. TO 9:05 P.M.
Ranking of the Firms and Authorization to Proceed with Negotiations with Top-
ranked Firm.
Each Commissioner was asked to rank the firms independently and the majority of
the votes cast produced the following ranking:
1. C.T. Hsu & Associates
2. William Zettel & Associates
3. The Scott Companies
4. Stottler, Stagg & Associates
Commissioner Combs, seconded by Commissioner Johnson, moved to authorize the
Architect Selection Committee to proceed with negotiations with the top-ranked
firm, C.T. Hsu & Associates, and failing success with those negotiations, to
proceed down with the next-ranked firm until a contract is successfully
negotiated, with the rankings of the firms being: (1) C.T. Hsu & Associates, (2)
William Zettel & Associates, (3) The Scott Companies, and (4) Stottler, Stagg &
Associates. The motion was unanimously approved.
For the record, Mayor Dabbs asked Mr. Hsu to see Ms. Beamer to set a time to meet
to proceed with negotiations.
Approval of Settlement Agreements
City Attorney Rosenthal explained that these items - Mulvey and Pease - conclude
the right-of-way acquisitions for the portion of Clarke Road which is now under
construction.
Margaret Mulvey-Clarke Road Parcels No. 112, 113, 114, 312, 313, 314, 114A, and
314A. Mr. Rosenthal explained the status of the Mulvey parcels and reviewed the
factors considered by the City Attorney, the City Engineer and the City Manager
in recommending approval of the Mediation Agreement. Mr. Shapiro stated for the
record that Mrs. Mulvey had been very concerned about how we would deal with her
land as Clarke Road was constructed. He said the contractors and engineers had
done a wonderful job making sure Mrs. Mulvey was satisfied each time any land was
moved, and that she had been treated with great respect and deference.
Commissioner Combs, seconded by Commissioner Johnson, moved to: (1) approve the
Mediation Agreement dated June 1, 1992 between the City of Ocoee and Margaret Ann
Mulvey a/k/a Margaret Bravar (Mrs. Mulvey) , (2) authorize the payment to Mrs.
Mulvey of the additional sum of $39,950.00 pursuant to the terms of said
Mediation Agreement, (3) authorize the payment of Mrs. Mulvey's attorneys' fees
and costs, including reasonable land use and appraisal expert fees, subject to
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Ocoee City Commission Regular Meeting
June 16, 1992
review and approval thereof by the City Attorney and City Manager or as otherwise
ordered by the Court and subject to the conditions of the Mediation Agreement,
(4) authorize the payment of the mediator's fee subject to review and approval
thereof by the City Attorney and City Manager and (5) authorize the City
Attorney, Mayor and City Clerk to execute such documents as may be necessary to
implement the terms and conditions of the Mediation Agreement. The motion was
unanimously approved.
Bennye Lou Pease and Patricia Anne Ross-Clarke Road Parcels No. 120, 220, and
320. Attorney Rosenthal explained the status of the Pease/Ross parcels and
reviewed the factors taken into consideration by the City Attorney, the City
Engineer and the City Manager in recommending approval of the Mediation
Agreement. Commissioner Johnson, seconded by Commissioner Combs, moved to: (1)
approve the Mediation Agreement dated June 10, 1992 between the City of Ocoee and
Bennye Lou Pease and Patricia Anne Ross, as Co-Trustees, (2) authorize the
payment to Ms. Pease and Ms. Ross, as Co-Trustees, of the additional sum of
$63,975.00 pursuant to the terms of said Mediation Agreement, (3) authorize the
payment of the Pease/Ross attorneys' fees and costs, including reasonable land
use and appraisal expert fees, subject to review and approval thereof by the City
Attorney and City Manager or as otherwise ordered by the Court and subject to the
conditions of the Mediation Agreement, (4) authorize the payment of the
mediator's fee subject to review and approval thereof by the City Attorney and
City Manager and (5) authorize the City Attorney, Mayor and City Clerk to execute
such documents as may be necessary to implement the terms and conditions of the
Mediation Agreement. The motion was unanimously approved.
City Manager Shapiro said that Attorney Rosenthal had negotiated with strength
and with the deference and had done the most excellent job of land negotiation
he had ever seen. Mr. Rosenthal responded that he was very proud of what had
been accomplished in terms of land acquisition, but that it had been a total team
effort, especially noting City Engineer Jim Shira and PEC folks. He mentioned
that the project had begun with a right-of-way acquisition budget of
$1,740.000.00, that the value of the land that was donated, from an internal
budgeting standpoint, was $1,228,000.00, and and that total direct land costs for
the right-of-way have been $338,593.00.
Mayor Dabbs said that this project reflects a cooperative team effort among our
consultants, our attorneys, our staff, and the Commission and evokes a positive
response from the people with whom he speaks.
Five Year Capital Improvements Program, Fiscal Years 1993-1997.
City Manager Shapiro explained that planning for capital improvement is required
by law. However, under the constraints of the economic times, most of the
capital improvements will probably not make the budget this year. Administrative
Services Director Beamer explained that replacement of aging equipment, special
funding requirements such as impact fee projects, and leasing requirements
already entered into would need to have first priority. She also stressed that
replacement of some computer equipment is becoming essential. The capital
requests for each department were carefully reviewed and discussed. Item 26,
if]
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Ocoee City Commission Regular Meeting
June 16, 1992
page 17 was a duplicate of item 20, page 16 so one of them is to be deleted. One
change in ranking of items from that given by the City Manager was requested.
Commissioner Combs asked that the landscaping of Tiger Minor Park be changed from
priority 2 to 1. Mr. Shapiro agreed on its importance, but pointed out that no
impact fee money was now available to spend on it.
RECESS - 10:45 - 10:50
Commissioner Combs, seconded by Mayor Dabbs, moved to accept the Five Year
Capital Improvement Program report with the change in rank to #1 for Tiger Minor
Park landscaping and deletion of the duplication noted above, subject to the
budgeting process. The motion carried with a unanimous vote in favor.
Discussion on Budget Schedule
By consensus, the Commission agreed to start with dates for Budget Workshops as
follows:
Tuesday, August 4, 1992
Thursday, August 6, 1992
Tuesday, August 11, 1992
Thursday, August 13, 1992
First reading will be scheduled for September 1, 1992 with second reading and
adoption September 15, 1992.
First Reading of Ordinance - Second Reading and Public Hearing Scheduled for July
7, 1992.
Ordinance No. 92-15, relating to Development Review Fees
City Manager Shapiro read the proposed ordinance by title only. He explained the
need for this ordinance. Ms. Beamer said that a resolution to set the fees will
be presented at the next meeting.
Appointments/Reappointments to Boards
Police Citizen Advisory Council Member Beiers' Term Expires July 1992.
Commissioner Johnson, seconded by Commissioner Foster, moved to reappoint Mr.
Norman Beiers to the Citizen Advisory Council for the Police Department for a
three year term to expire July, 1995. The motion was unanimously approved.
Police/Fire Retirement Fund Trustee to Complete Mr. Bateman's Term to September
1993. Commissioner Johnson, seconded by Mayor Dabbs, moved to appoint Robert W.
Williams as trustee to the Police Officers/Firefighters Retirement Trust Fund to
complete the unexpired term of John Bateman. The motion was unanimously
approved.
Planning and Zoning Commission Member to Complete Mr. Bateman's Term to February
1993. Commissioner Johnson, seconded by Commissioner Foster, moved to appoint
Louis E. Landefeld as alternate on the Planning and Zoning Commission to complete
the unexpired term of John Bateman. The motion was unanimously approved.
n C-3
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Ocoee City Commission Regular Meeting
June 16, 1992
Discussion and Decision re: Recommendation on Silver Bend Through Street to
Magnolia Springs. It was the consensus of the Commission to accept the unanimous
recommendation of staff that the intersection at Silver Bend Road/Natchez Trace
should be left open to through traffic.
STAFF REPORTS - None
COMMENTS FROM COMMISSIONERS
Commissioner Combs:
1) Asked if anything is planned for July 4. No
2) Reported trees and high bushes still at Johnson Wrecker Service.
3) Wants Maguire Road right-of-way mowed to City limits.
4) Veronica Place - weeds are higher than the wall.
5) Wesley's BBQ is waiting for fire inspection.
Commissioner Foster:
1) Commended Staff for the flowers around town.
2) Commented that they should be notified with orange alligators rather than
pink flamingos.
3) 900 Starke Lake Circle is pumping gray water into the street (washing machine
water) .
Commissioner Johnson:
1) Reported that fruit and vegetable signs are still showing up on the rights-
of-way all over town on the weekends.
2) Asked that the yellow flowers be planted in front of the wooden "Welcome to
Ocoee" sings.
3) Advertised a golf tournament July 12.
4) Retention pond at the Ocoee Health Care Center is weeping into the ditches.
Commissioner Woodson:
1) Asked about traffic signals at White Road/Clarke Road.
2) Reported high water at the Orlando Avenue/Bluford Avenue intersection.
3) Asked that the square trap at the Orlando Avenue/Bluford Avenue intersection
be raised, as it causes tire damage.
Mayor Dabbs:
1) Reported that he has invitations to several local functions while he will in
England for two weeks in July and asked that someone attend in his place:
a. Graduation ceremonies at NTC Tuesday, June 29 at 10:30 a.m.
Commissioner Combs will try to go.
b. First Baptist Church, Orlando honors political guests Sunday, July 5
at 5:30 p.m. Fran will have information and Commissioners will check calendars
and advise her.
c. Fountain Follies Friday June 19 at 2:00 p.m. - Farewell to Alberts Drug
Store at 2201 Edgewater Drive, College Park.
2) Advised that he attended meeting re: Charter restructuring and was heard.
b
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Ocoee City Commission Regular Meeting
June 16, 1992
ADJOURNMENT
The meeting adjourned at 11:18 p.m.
APPROVED:
Attest: City of Ocoee
Marian Green, Acting City Clerk Rusty Johnson, Mayor pro tem