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HomeMy WebLinkAboutIII(A) Approval And Acceptance Of Minutes Of City Commission Regular Meeting Of May 16, 2000 And City Commission Workshop Of April 24, 2000 Agenda 6-06-2000 Item III A MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD MAY 16, 2000 CALL TO ORDER Mayor Vandergrift called the Ocoee City Commission regular meeting to order at 7:15 p.m. in the Commission Chambers. Mr. Mike Miller led in prayer and Mrs. Frances Watts led in the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson (arrived at 7:20 p.m.), and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton, Community Relations/Projects Director Shira, Assistant Fire Chief Firstner, Planning Director Wagner, and Police Chief Mark. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS: Non-Agenda Item Mayor Vandergrift announced that Mrs. Louise Brown, principal of Citrus Elementary, had submitted a grant application requesting $1,000 to buy golf style school shirts for staff, but that the request came in too late to be on this agenda. After asking Mrs Brown to display the shirt, Mayor Vandergrift, seconded by Commissioner Parker, moved to approve the grant request for $1,000. Motion carried 4-1 with Commissioner Johnson voting no. RECOGNITION OF POLICE OFFICERS FOR OUTSTANDING SERVICE. (POLICE CHIEF MARK) Police Chief Mark explained that on March 3, 2000 a call was received regarding a child drowning in a backyard pool Due' to the quick action of the Dispatcher and responding Officers the child's life was' spared _'Chief Mark presented life saving awards to Sgt. Ken Fisher, Officer Suzanne Woidyla,v`and Communications Operator Pam Sanders. LYNX'S FAMILY OF SERVICES. Ms. Frankie Callen, Executive Manager of Governmental Affairs Ms. Frankie Callen introduced Mr. Ernie Kelly, who gave a power point presentation showing an update on the Lynx services to West Orange.County and central Florida. At the close of the presentation, he responded to questions from Commission and the audience. CHARTER SCHOOLS - The Haskell Group. (MAYOR VANDERGRIFT) At the beginning of the meeting Mayor Vandergrift had introduced special guests in the audience who are involved in education and expressed his appreciation to them for attending this session. He said that the crowded situation in the local schools prompted him to put together a five year plan for schools in Ocoee, and he hoped to open up a dialogue between the citizens, educators, and officials. He said the Haskell Group had been the first to contact him with a presentation and he invited them to present to this Commission. Ocoee City Commission Regular Meeting May 16, 2000 Ms. Stacy Miller, Mr. Doug Storer, Mr. David Balls, and Mr. Allen Oaks, all with the Haskell Group, gave a power point presentation describing the background, capabilities and goals of their educational services in the area of charter schools, as it coordinates with the existing school system in Orange County. At the end of the presentation Mayor Vandergrift asked for questions from the audience. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked if they were non-profit. Ms. Miller responded that charter schools can be either by municipality or not-for-profit, but this was a privately owned company that delivers, develops, finances and orchestrates charter school development. Mr. Mohnacky then asked what would be considered a fair return by the Haskell Group. Ms. Miller responded that their company puts together the stake holders, financing, forming the charter school entity, designing/building/constructing/delivering, and the cost per student station is less than the statewide average. Mr. Oaks said they have to operate the schools with the same full time equivalent funding that comes from the state to the public schools. Public schools get approximately $3650 per student and charter schools get 95% of that. From that they operate the schools leaving 8% to 12% depending on how the school is run. He noted that they are able to save in several areas, such as the teachers' retirement goes to a 401K rather than the public employees retirement. If this Commission decides they want to put together a charter school, an application will be written and submitted to the Orange County School Board. That Board then decides whether to issue the charter Mayor Vandergrift read telephone questions from Mrs Vandergrift: 1) Where do the materials come from'? 2) Who develops it? 3) Who reviews it'? Re other units of study: • 1) Who determines what they will use?.. 2) Who determines the appropriateness'of content for intended grade level'? 3) Who determines if it meets FCAT'standards? Mr. Oaks responded that a group of educators assure that they meet the state standards and they are currently choosing material using Scholastic Publishers for the language art series and Prentice Hall for math. Former Mayor Lester Dabbs, 619 Caborca Court, expressed (1) his appreciation for many of the items presented, (2) his concern about parental involvement and (3) asked what provisions are made for special education children, handicapped children, for racial/ethnic balance, and daycare. Mr. Oaks responded they do provide special education classes, but have not been able to provide for certain special needs, such as autism, severely emotionally disturbed, blind or deaf. They are open to any students in the county schools and have had to use a lottery to choose who would attend. The demographics match those of the public schools. Before and after school day care is offered for a fee. They have made arrangements for parents who work Page 2 of 9 Ocoee City Commission Regular Meeting May 16, 2000 by scheduling parent work days, night meetings, and weekend workshops. Some teachers form.special care groups, such as bereavement care. Mr. Harvey Hertsman, 2605 Ellwick Street, expressed concern about how charter schools, can address the problems - as cheaper does not mean better quality, and teachers should be compensated adequately. Mr. Oaks said their teachers' salary schedule is $100 over that of Broward County, that they give them a chance for a bonus at the end of the year based on their deliverables, stock options at the end of the year. Ms. Miller addressed the funding and said that charter schools have funding available to them not available to public schools. Mr. Balls explained the process and planning used to put together the budget and the school itself. Mrs. Frances Watts asked what happens to the children excluded'by the lottery. Mr. Oaks said those children would stay in the schools they would have been scheduled in if the charter school did not exist. Ms. Teresa Jacobs, 8652 Sugar Plum Court, asked:if the Haskell Group's participation would bring additional bonding capacity to the school district 'Ms.;TMiller said it would be outside of the school district's bonding capacity and by partnerng with the municipality, the municipality would act as issuer. When the FTE funds were received by the Haskell Group they would be deposited with the City to offset,that capital expense e.� Mrs. Enid Loeffler, 2372 Cory;Court said the charter would return to Orange County public schools within a time period of ten ;,ffteen years. Ms. Miller said charter schools can have a term of 10 years, and if partnering with a municipality the term can be fifteen years. At the end of the term of the charter the applicant can choose to extend the term for increments of five years or it can revert back to the school district (at the option of the school district). Mr. Oaks added that if the City uses its bonding capacity to finance the schools at the end of the term the building would go to the City. Randy Freeman, Esquire, 513 East Lakeshore Drive, said he was a strong proponent of volunteerism, participation and community in Ocoee and he was sure the citizens would stand behind the school whether it is public or charter. Mr. Mickey.Spenser, 2623 Wall Avenue, asked if the charter schools would be subject to the same tests as public schools. Mr. Oaks responded that they are. Mr. Spenser asked about sibling rules and Mr. Oaks responded that if a child is chosen by lottery, siblings would be chosen as well. Page 3 of 9 Ocoee City Commission Regular Meeting May 16, 2000 Mrs. Rosemary Morganto, 11012 Groveshire Court, asked about the autonomy from the district. Mr. Oaks responded that charter schools are not required to adopt the special courses that may be required of public schools, e.g., safe bicycle riding. Mr. Mike Miller, 1305 Ridgefield Avenue, said he understands that the state has reduced the K-2 class sizes to 20-23 students.and earlier in the presentation the Haskell Group said their classes are 25-27 students. Mr. Oaks said there are two ways to reduce the size of a class, one by having that number of children in the classroom (but there are not enough classrooms to do that) and the other is by the use of teacher aides or assistants. Mrs. Kate Clark, principal of Ocoee Middle School, asked about charter schools bankrupting and also about the cost per student. Mr. Oaks responded that a very large school overextended and went under but that most of those who failed were mom and pop outfits that were disgruntled with public schools. He added that the most expensive schools to deal with are middle schools. Mr. Balls responded to the question about the cost per student. Martha Lopez-Anderson introduced Dave Robertson, Center for Education Entrepreneurs, and Lee Arnold, chairman of Florida Charter Schools Review 'Panel. Mayor Vandergrift called attention to the notebooks prepared by Mrs. Lopez;Anderson,'for distribution to this Commission and the Education Commission regarding charter schools, Mr. Burt Carrier, chairman of the Orange County School Board, said the Board has already demonstrated they are not anti-charter,schools,=;that they are in favor of charter schools established for the good of children He said"°he knows the motivation behind Ocoee is to do what is right for the children of Ocoee, but that it must be remembered that the school must be opened up to all children in Orange .County. He said he is working with the City on school sites and is committed to finding an answer to the problem of overcrowding. Mayor Vandergrift thanked all those present and the Haskell Group for their presentation. RECESS 9:30 p.m. - 9:40 p.m. City Manager Shapiro introduced the new Information Systems Manager, Brian Ross, who spoke briefly about his experience and education background. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of May 2, 2000. (CITY CLERK GRAFTON) Page 4 of 9 Ocoee City Commission Regular Meeting May 16, 2000 B. Approval and Authorization for Mayor and City Clerk to Execute Emergency Management Grant Contract for Disaster Response Radio System. (FIRE CHIEF STROSNIDER) • Staff requests authorization to proceed with this grant application for $49,940 with a cash match of$3,500 and an in-kind match of$2,132 by the City. C. Approval and Authorization to Grant $2,500 Sponsorship to the Mid-Florida Quarter Midget Racing Association. (COMMUNITY RELATIONS/PROJECTS DIRECTOR SHIRA) • The MFQMRA is hosting a national event June 25 to July 1.This grant is requested for the purpose of funding a Red Bandanna BBQ for a community event June 30, 2000. D. Approval and Authorization for Mayor and City Clerk to Execute the Sidewalk, Utility, Drainage and Access Easement and a Utility Easement Agreement with Wesmere Maintenance Association. (ASSISTANT CITY ATTORNEY DoTY) • Based on the Maguire Road Widening Project design prepared by PEC, the City needs to acquire a Sidewalk, Utility, Drainage and Access Easement and a Utility Easement from Wesmere Maintenance Association, Inc. Wesmere has agreed to grant these interests in exchange for the City's planned construction of a right-turn lane into the Wesmere subdivision off of Maguire Road, and Staff recommends payment of$250.00 to the Wesmere Maintenance Association to cover their costs in reviewing and executing the agreement. E. Approval and Authorization for Mayor and,City Clerk to Execute Purchase Agreement with Charles N. Young as Trustee for 450.3.Square Feet Located at the Northeast Corner of the Intersection of Professional,, Parkway and Maguire Road. • Based on the Maguire Road Widening Projeetdesign prepared by PEC, the City needs to acquire 450.3 square feet located at the corner of the intersection. This parcel was appraised at $6.50 per square foot, bringing the total to $3,000.\ Dr. Young has agreed to convey the property for $3,500 under threat of condemnation." Staff recommends approval in order to avoid the cost of condemnation. Commissioner Johnson pulled item ,C for discussion, saying that he thought the amount requested was too high. Mr. Mike Miller, 1305 Ridgefield, explained that the purpose for the request was to involve the community and elected officials in hosting a red bandanna BBQ offering hospitality to the people who will come nationwide for the event. After discussion Commissioner Parker, seconded by Commissioner Johnson, moved to sponsor at the $1,000 level rather than $2,500. Motion lost 2-3 with Mayor Vandergrift, Commissioner Anderson and Commissioner Howell voting no. Commissioner Howell, seconded by Commissioner Anderson, moved to approve the consent agenda as presented. Motion carried 3-2 with Commissioner Johnson and Commissioner Parker voting no. COMMENTS FROM CITIZENS/PUBLIC Mayor Vandergrift read a question submitted by telephone by Mrs. Alice Bass, 411C Orlando Avenue asking what prompted the City to remove the growth along the shoreline of Starke Page 5 of 9 Ocoee City Commission Regular Meeting May 16, 2000 Lake and replace it with sand. He explained that the growth in the lake was removed under the auspices of, and with the cooperation of, the Fresh Water Fish and Game Commission. He added that the machinery used to remove the growth left the shoreline rutted and the sand was used to even it up. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell congratulated his granddaughter who was graduating from kindergarten and expressed his regrets that he missed the ceremony. Commissioner Johnson announced the birth of his granddaughter, Carissa Marie, at 10:00 a.m. today. Commissioner Parker advised that she has been working with the Police Department and Vicki Prettyman on the next women's self defense class and will have an announcement regarding the time and place soon. Mayor Vandergrift: 1) Announced the RSVP number 407-656-2218 and asked that Public Works put up signs around town displaying the number. - ( 2) Gave Carissa Marie her first real birthday card - hiss"Get out of jail free" business card. PUBLIC HEARINGS :a' SECOND READING OF ORDINANCES ORDINANCE NO. 2000-16, AMENDMENT`TO INTERGOVERNMENTAL COORDINATION ELEMENT OF THE COMPREHENSIVE PLAN. (SENIOR PLANNER MCGINNIs) City Attorney Rosenthal read-the title'only -of°:the Ordinance. Planning Director Wagner presented the staff report which contained;.,along with the details of the amendments to the Intergovernmental Coordination Element, a letter from the Department of Community Affairs indicating that the Objections, Recommendations and Comments report will be waived and the City may proceed immediately to adopt the amendment. Mr. Wagner advised that the Development Review Committee and the Planning and Zoning Commission, along with Staff, recommended adoption as presented. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Howell, moved to adopt Ordinance No. 2000-16, amending the Intergovernmental _ Coordination Element of the Ocoee Comprehensive Plan. Motion carried 5-0` ORDINANCE NO. 2000-19, OCOEE CHURCH OF THE NAZARENE, ANNEXATION, CASE No. AP-09-08. (SENIOR PLANNER MCGINNIS) City Attorney Rosenthal read the title only of the Ordinance. Planning Director Wagner presented 'the staff report. This 4.61± parcel is located on the east side of Clarke Road, between White and Silver Star Roads, and is vacant. Mr. Wagner advised that this annexation Page 6 of 9 Ocoee City Commission Regular Meeting May 16, 2000 would reduce an existing enclave, and that the Development Review Committee, Planning and Zoning Commission and Staff recommended approval of the annexation. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance No. 2000-19, annexing the parcel described in Case Number AP-97-09-08, the Ocoee Church of the Nazarene. Motion carried 5-0. SPECIAL EXCEPTION AMOCO-CASE No. 1-35E-99:AMoco STATION. (PLANNING DIRECTOR WAGNER) Planning Director Wagner presented the staff report, explaining that the first special exception granted Amoco for a convenience store with gas sales on the one acre of property at the northeast corner of Silver Star/Clarke Road had lapsed. He explained that BP/Amoco would return at a later date for a small scale site plan. He noted that the Development Review Committee, Planning and Zoning Commission and Staff recommended approval subject to six (6) Special Exception conditions, i.e., 1) This Special Exception approval shall expire twelve (12) months from the date of approval by the City Commission unless a building permit is,„obtained prior to such date permit being for the construction of the proposed use authorized by`the Special Exception. Further, upon issuance of the building permit, the owner (or its agent) shall diligently proceed in good faith to complete construction in `accordance with the terms thereof. Failure of the owner (or its agent) to proceed as-aforesaid shall provide a basis for revocation of the Special Exceptiwby the City Commission. 2) Approval of this Special Exception does not authorize the commencement of development. Prior to issuance of a Building Perrot, it will be necessary to obtain site plan approval pursuant to the provisions'- of Article IV of the Land Development Code. Further, compliance with all other applicable provisions of the Land Development Code shall be required. 3) Should the uses permitted by this Special Exception be terminated or substantially modified or expanded in a manner inconsistent with the Conditions of Approval for the Special Exception, then said, the Special Exception may be revoked by the City Commission at its sole discretion. 4) Prior to Site Plan approval, the owner will submit to the City for review and approval a drainage easement permitting the discharge of storm water to an off-site storm water collection facility. This form and content of easement must be acceptable to the City. 5) The applicant shall make a good faith effort to obtain a Certificate of Occupancy for use within six (6) months of issuance of the building permit. 6) The Special Exception for a convenient store and gasoline sales facility shall be applicable only to BP/Amoco, its direct subsidiaries, affiliated companies or successors in interest and is not transferable to another owner prior to issuance of.a Certificate of Occupancy. The public hearing was opened. Page7of9 Ocoee City Commission Regular Meeting May 16, 2000 Mr. Brian Sykes, representing BP/Amoco, thanked staff for their assistance and explained that the delay was due to a merger and he noted a change relating to the assignability of the rights in number six (6) of the Special Exception conditions listed in the staff report. As no one else wished to speak, the public hearing was closed Following a brief discussion regarding traffic and turn lanes, Commissioner Howell, seconded by Commissioner Parker, moved to approve the Special Exception for an Amoco Station, subject to the six (6) listed Special Exception conditions according to Staff recommendation. Motion carried 4-1 with Commissioner Anderson voting_no. OTHER BUSINESS SURVEY- BOARDS OF THE CITY. (CITY MANAGER SHAPIRO) City Manager Shapiro presented the proposed Volunteer Board Survey for Commission review. Mayor Vandergrift noted that question number three (3) "Would you be willing to participate in paid training sessions?" should be changed to "Would you be willing to participate in training sessions that the City will provide7" in`.order to avoid confusion. Without objection, staff was directed to follow up with,,se_nding out the survey to all volunteer board members. SET DATE FOR FIRST MEETING IN JULY.(CITY CLERK GRAFTON) As July 4 is the first Tuesday of the month as well.,as a national holiday, without objection, Commission agreed to tentatively schedule the first meeting of the month for July 5 at 7:15 a ,r p.m., with the understanding -that-„absent matters that required immediate attention, the meeting would be canceled. ' STAFF REPORTS There were no staff reports. COMMENTS FROM COMMISSIONERS Commissioner Parker - No comments at this time. Commissioner Anderson - No comments at this time. Commissioner Johnson: 1) Said he has been approached by a group who wished to be appointed a citizens committee to work on veterans' memorials. City Manager Shapiro advised that such a committee serving as an advisory board to the Commission would require staffing, a secretary, recorded minutes, etc., and would be required to operate under the sunshine law, while a volunteer committee not appointed by City Commission would possibly be able to create a not-for-profit organization and start raising funds for the memorials. He said he would provide a breakdown for what they would need to do to get started. Page 8 of 9 Ocoee City Commission Regular Meeting May 16, 2000 2) Asked for a list of donations given to different organizations. 3) Reported that the June 31d reunion of Ocoee graduates at Ocoee Middle.School would begin at 9:00 a.m. and go to 3 or 4:00 p.m. with welcoming different classes at 1:00 p.m. He said the books are ordered and a photographer will be present. There was discussion about getting the information out on e-mail and on the Website as well. Commissioner Howell - No comments at this time. Mayor Vandergrift: 1) Said that the government has just announced that those men who did not finish school because they joined the military service and went away to World War II would receive a high school diploma and he would like to survey the community to see how many would be affected, as that could be incorporated into the June 3rd reunion somehow. 2) Announced the Memorial Day Ceremony at the Gazebo at 8:00 a.m. and said he would then go to Woodlawn for their service. 3) Called attention to an article in Nations Cities Weekly. 4) Called attention to a fax of Kissimmee's RFP for charter schools from the Mayor of Kissimmee. 5) Read a letter from Jim Hawkins, a citizen who is reluctantly"moving from.Ocoee. ADJOURNMENT The meeting was adjourned at 10:34 p.m. and immediately reconvened for a brief discussion about the question of waiving the restriction on alcoholic beverages at the wrestling match which will be held at Vignetti Park June`=10 to benefit riding. Discussion led to a decision that this was not an emergency;,item'but one which could be considered at the June 6 meeting. The meeting adjourned at 10 40 p"m. n K�r APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 9 of 9 Agenda 6-06-2000 DA! sJr; FT Item III A MINUTES OF OCOEE-CITY COMMISSION WORK SESSION HELD APRIL 24, 2000 CALL TO ORDER: The meeting was called to order at 7:07 p.m. PRESENT: Mayor Vandergrift, Commissioners Anderson, Johnson and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, and Planning Director Wagner, Assistant City Engineer/Utilities Director Wheeler, Public Works Director Smith, Finance Director Horton, Professional Engineering Consultants Hooper and Hamstra, and Deputy City Clerk Green. ABSENT: Commissioner Howell. DISCUSS STATUS OF DRAINAGE UTILITY PROJECTS Assistant City Engineer/Utilities Director Wheeler introduced David Hamstra, the City's Stormwater Consultant, who distributed the Stormwater Update dated April 24, 2000. Mr.Hamstra reviewed the handout. Mr. Hamstra directed attention to the Recommended Phase II Projects listed on page 18 of the handout. He said the nine projects were.listed in their recommended order, subject to discussion and establishment of priority by City Commission. The first four projects listed below were discussed in detail as to extent of work and cost. Project No. 1,Pioneer Key II Mobile Home Park Acquire drainage easements and relocation costs - $150,000 Mr. Hamstra explained that Orange 'County will grant funding of approximately $400,000.00 via a Community Development Block Grant to construct the proposed improvements if the City acquires the easements. He said the City's estimated cost to purchase three lots and a small triangular piece of property along with appraisal and relocation fees would be $100,000.00 to $150,000.00. Mr. Hamstra pointed out that construction of the Western Beltway has significantly reduced the amount of water that flows from west to east toward the Mobile Home Park. Mayor Vandergrift asked what role the roads would play as a part of the drainage system and recalled his suggestions to address problems with them. Mr. Hamstra responded that the $400,000.00 would fund a backbone system but not road improvements, and that additional inlets and road reconstruction could be done later at additional cost. City Manager Shapiro pointed out that the City does not have funds at this point to improve the roads, but that, if the project is approved, he can guarantee a drier park. ilk ft Commission Work Session April 24,2000 Project No. 2, Starke Lake Construct two 12-inch diameter drainwell replacements - $250,000.00 Mr. Hamstra said, based on conversations with Henderson Wilder, who constructs drainage wells in the central Florida area and had inspected the current 8" wells, that it is his opinion that they are going to need to be replaced. Minor temporary patch work might be possible, but severe rusting of the casing of the drainage wells, if left unattended, could lead to collapse and non-functioning. The cost to abandon old 8"_wells and drill two new 12" drainwell replacements is estimated to be $250,000.00. Mr. Hamstra said the Department of Environmental Protection has authority over closure and construction of drainage wells. He said to construct a well that is different from that which is already in place as to size and elevation would require a permit from DEP, and it may take one or two years to get the permit. Mr. Shapiro recommended that the City patch the old wells and apply for permits to construct new wells. Mr.Wheeler said the wells are working, but not to their maximum capacity. He said the northern well had been cleaned down to 115 - 120 feet and the southern well down to 240 feet. He said he had no way to measure the efficiency of the wells. Mr. Shapiro pointed out that these were county wells which had been taken over by the City in 1989-1990 because the County had not been maintaining them. Project No.3 - Center Street Ditch/Center Street Stormwater Pond Project Construction 100-year retention pond- $400,000.00 (Starke Lake Drainage Basin) Mr. Hamstra said this project was originally included in Phase II of the CIP program in March, 1996. He said cost to construct a pond of sufficient size to retain all runoff from the north and east up to 100 year storm events would be $400,000.00. He said the head of the Stormwater Division of Orange County has said the County would purchase the property if the City would commit to construction of the pond. Mr. and Mrs. Hunt have purchased or are in the process of purchasing the property in which the pond will be located. They have met with City staff and also with Orange County staff. The Hunts would like for the pond to be reoriented to take advantage of the ridge and to minimize cut infill. Mr. Hamstra said at least half of the $400,000.00 cost is related to the amount of dirt that must be moved out of this system. He said if the City can excavate the dirt and haul it offsite, there could be a significant cost savings. Public Works Director Smith said he could use the excess dirt in other projects, but his department cannot both excavate and haul the dirt as he has one loader and one truck. 2 fit RAFT Commission Work Session April 24, 2000 Mr. Shapiro pointed out that should Commission choose to do so, funding Projects 1, 2 and 3 would use the available funds with no room for error. Commissioner Johnson asked if it had.helped the drainage when the County paved the roads off Center Street. Mr. Shapiro said the County had put in box culverts only and had used alternative paving, which usually lasts six to eighteen months before cracking. Project No.4 -Reflections Subdivision (Spring Lake Drainage Basin) Construction roadway and side-yard underdrains - $70,000.00 Mr. Hamstra said construction of roadway underdrains within Reflections Subdivision would cost about $70,000.00 to address two specific areas: (1) Three to four homes on Cool.Springs Circle, and(2) Three to four homes on Sparkling Water Circle. Mayor Vandergrift asked if there had not been a problem in Reflections before the developer was moving out and said the City should not have to retrofit drainage problems in new subdivisions. Commissioner Johnson asked who approves/certifies the drainage basins. Mr. Wheeler said in the design review process the City requires the developer to have a geotechnical engineer to examine the soils and make recommendations as to whether underdrains are necessary or not necessary. He said they are required to submit soils analysis as part of the development review process. Mr.Wheeler recalled that the original recommendation for Reflections was that underdrains were not required anywhere along the roadways. Commissioner Johnson said this issue had been discussed years ago and the City should not have to be'accountable. He said the City should be able to address problems in older areas of the City instead of having to go back to new projects. Mr. Shapiro said that the City of Kissimmee had the same problem and now required underdrains in all new subdivision development, at an approximate cost of$5,000 per lot, in order to guarantee that their City never had a drainage problem in new development. Commissioner Parker recalled problems in Sawmill, Amber Ridge, Silver Glen, etc. and said if problems are not addressed now, they will be more expensive to correct later. Commissioner Anderson asked why the City could not file suite if there is a problem due to faulty engineering on a project. City Attorney Rosenthal recalled that research had been done on this subject for the Silver Glen Subdivision. He said under our codes the developer is responsible for a two year period, and provides a maintenance bond. After two years, by law,the City assumes 3 D :Afl Commission Work Session April 24, 2000 responsibility. He recalled case law which provides that after two years goes by, assuming that developers have constructed in accordance with the plans and specifications which Commission has approved, they are off the hook and liability and responsibility shifts. If they have failed to construct in accordance with the plans and specifications which have been approved by the City, then there may be negligence issues. He said in this case, they seem to have constructed in accordance with the plans and specifications submitted to the City, recommended through the process, and ultimately approved by the City Commission, and the two years have passed. City Manager Shapiro said that is why the City of Kissimmee began requiring all properties to have underdrains. Mr. Shapiro said the Silver Glen problem had to do with the faulty installation, so they paid a significant portion of the cost. Mayor Vandergrift said he would like to find a solution somewhere between having the City do geotechnical testing on property about to be developed and requiring underdrains for all properties. Commissioner Parker asked if there were no ramification on a design flaw, so that the City cannot go back to the umbrella insurance that the engineer had at the time. Mr. Hamstra said if the borings were made before the 94-95 year when it was very wet, they would have observed groundwater substantially below normal conditions. It also depends upon what the conditions were at the time of construction. Mr. Hamstra said soils are very sporadic. Mayor Vandergrift asked what period does the two years cover. Mr. Rosenthal said the two year period is typically from the time the City issues a Certificate of Completion for the infrastructure improvements, usually at time of platting. Mr. Rosenthal said the City formerly had just a one year bond and had increased it to two years. He said most cities still have one year bonds. Commissioner Anderson asked if the bond could begin at completion of the subdivision instead of at the inception. Ken Hooper, of PEC, said it takes effect at the time the City takes ownership. As he needed to leave the meeting, Mayor Vandergrift said he had no problem with the priority of the projects as listed and encouraged staff to seek grants to fund as many of the projects as possible. He suggested that a JPA Committee be formed to bring a recommendation to City Commission. 4 Commission Work Session April 24, 2000 Mayor Vandergrift gave the gavel to Mayor Pro Tem Anderson at 8:14 p.m. and left the meeting. Mr. Shapiro said the City must take it over when public streets, drainage system, water and sewer are in place. He said bonding companies will not provide maintenance bonds for more than two years. He said it would actually cost the developer less to underdrain every lot than to acquire a three, four or five year bond. Mr. Shapiro said staff will be discussing the problem and will bring it back to a meeting. Mr. Shapiro said staff feels the projects are in the order of magnitude and that the first two projects must be done. He pointed out that many projects have been done, explained his concerns about funding, and asked for direction. Mr. Hamstra pointed out that if the first four projects are done, the other projects that have not been constructed to date (Taylor, Franklin, Pioneer Key I) cannot be built now. Mr. Hamstra said, in light of the financial issue, the last five projects could be discussed in detail later. He concluded with a recap noting the cost to complete the Phase I CIP Projects not constructed to date and the Future Phase II Projects was approximately $3,500,000.00, instead of$2,800,000.00, because of an addition to Franklin/Taylor. He said$530,000.00 is what remains for the original program. In response to questions from Mayor Pro Tern Anderson, Finance Director Horton explained that the revenue from stormwater utility fees was for stormwater operating expense to pay the debt service and the projected revenue amount is $1,012,000.00. Mr. Shapiro said the problem is increasing maintenance costs. Mayor Pro Tem Anderson said so there is $500,000.00 now to do any projects that we are going to do and we don't know where the rest of the money is coming from. Mr. Shapiro confirmed that is correct. Commissioner Parker asked if there were any grants for the Starke Lake project. Mr. Shapiro said staff will look to see what they can find, but it is generally very difficult to get a grant for something the state doesn't want you to do to start with. Mayor Pro Tern Anderson said he thought it was a good list. 5 LT-2n 7 Commission Work Session April 24, 2000 Mr. Hamstra said there should be a 30 to 45 day turn around for the permits to replace the Starke Lake Wells which have failed. Commissioner Parker and Commission Johnson suggested doing Project Numbers 1, 2, and 4 with effort for funding to do Project 3. Mr. Shapiro said the projects will placed on an Agenda for the entire City Commission to vote on, based on this consensus. ADDRESS JPA ISSUES City Manager Shapiro said he and the Mayor had discussed the JPA, and the Mayor had suggested he and the three or four people who negotiated the original JPA meet to discuss the JPA and the other JPA's and report back to Commission with a document for review. He said for the record that the Committee to study the JPA should be made up of the Mayor, Mr. Wagner, Mr. Shira, Mr. Rosenthal, and Mr. Shapiro. It was consensus to have the Mayor represent the City Commission on the Committee. Mr. Shapiro said Mr. Testerman has discussed with Planning Director Wagner the possibility of reviewing County projects within the City's JPA using Ocoee's Land Use Regulations. He said the County has agreed to that with another city. ADJOURNMENT • The meeting was adjourned at 8:27 p.m. Attest: APPROVED: Marian Green, Deputy City Clerk S. Scott Vandergrift, Mayor 6