Loading...
HomeMy WebLinkAboutV(A) Approval of Minutes for City Commission Regular Session of July 20, 2004 Agenda 08-03-2004 Item V.A. MINUTES OF THE OCOEE CITY COMMISSION REGULAR SESSION HELD JULY 20, 2004 D R A F T CALL TO ORDER Mayor pro-tem Johnson called the regular session to order at 7:15 p.m. in the Commission Chambers in City Hall. Commissioner Parker led the invocation and Frances Watts led the Pledge of Allegiance to the Flag. Deputy City Clerk Brasher called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Howell, Johnson, and Parker. Also present were City Manager Frank, City Attorney Rosenthal, Assistant City Attorney Solik, City Clerk Grafton, Human Resources Director Diedrich, Consultant Williford, Community Development Director Wagner, Public Works Director Wheeler, Finance Director Horton, Customer Service Supervisor Sills, Police Chief Goclon, Deputy Public Works Director Zaitooni, and Deputy City Clerk Brasher. ABSENT - Commissioner Anderson PRESENTATIONS AND PROCLAMATIONS Proclamation — National Night Out—August 3, 2004. Commissioner Howell read the National Night Out Proclamation and Commissioner Parker announced that National Night Out would be held in Central Park from 6:00 p.m. — 8:00 p.m. COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court, announced that she was retiring from the City Commission meetings because her ride was retiring. Ms. Watts further stated that she has many years of wonderful memories of City Clerk Grafton and wished City Manager Frank good luck. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Mayor pro-tem Johnson invited City Manager Frank to introduce himself and give a brief history of his background. CONSENT AGENDA The Consent Agenda consisted of items A, B, and C. Public Works Director Wheeler pulled Item V. B from the Consent Agenda, as all required documentation was not in order. Commissioner Parker, seconded by Commissioner Howell, moved to approve items A and C of the consent agenda as presented and to pull item B until the August 3, 2004, City Commission Meeting. Motion carried 3-0. Mayor Vandergrift and Commissioner Anderson were absent. City Commission Regular Meeting July 20,2004 DRAFT A. Approval and Acceptance of the Minutes of City Commission Regular Session of July 6, 2004; Work Sessions of May 13, 2004, and June 15, 2004. (City Clerk Grafton) B. Approval and Authorization of Forest Trails Subdivision Plat; and Authorization for Mayor and City Clerk to Execute Plat. (Public Works Director Wheeler) This plat is for Forest Trails subdivision, which consists of 120 unit single-family residential development with its associated roads and stormwater management system serving the development. Forest Trails subdivision is located on the north side of Clarcona-Ocoee Road, a quarter of a mile west of Apopka-Vineland Road and directly across from Windstone subdivision. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. C. Appointment of James Fleming Sr. to Citizen Advisory Council for Ocoee Fire Department (CACOFD). (City Clerk Grafton) On September 16, 2003, City Commission adopted Resolution No. 2003-20 establishing the CACOFD and adopting By-Laws for the board. The Resolution provides that CACOFD membership shall consist of no less than fifteen (15) members and no more than twenty-five(25) members. James Fleming Sr. has submitted his application listing CACOFD as a board of interest. There are currently nine (9) members serving on the CACOFD and with Commission's approval currently the board is meeting with less than (15) members. Mr. Fleming's term will end July 2007. PUBLIC HEARINGS There were no public hearings scheduled. Mayor Vandergrift arrived at 7:30 p.m. OTHER BUSINESS Settlement Agreement with Ryan Incorporated — Update. (Assistant City Attorney Horan) City Attorney Rosenthal stated that this item has resolved itself and no action was necessary. Resolution 2004-06 — 7th Avenue Extension Project. (Assistant City Attorney Solik) City Attorney Rosenthal read by title Resolution No. 2004-06. Assistant City Attorney Solik said approval and authorization of this resolution would authorize City staff to proceed with condemnation of the right-of-way to improve and extend 7th Avenue. City Attorney Rosenthal reminded the City Commission that this item is related to the Westridge PUD and Mr. Nutt has made it very clear that should this project not be approved, he intends to fight the taking of 7th Avenue. Commissioner Johnson, seconded by Commissioner Parker, moved to approve Resolution No. 2004-06, to authorize the Mayor and City Clerk to execute all necessary documents, and authorization of all necessary actions in order to proceed to acquire the fee simple title by quick take proceedinq. Motion carried 4-0. Commissioner Anderson was absent. EMERGENCY ITEM Page 2 of 7 City Commission Regular Meeting July 20,2004 DRAFT Mayor Vandergrift declared the following to be an emergency item. REPLACEMENT OF JAMELA WELL ASSEMBLY Public Works Director Wheeler presented the staff report advising the Commission of the need to repair the Jamela Water Treatment Plant using funds in the amount of $20,359.79 to come from the Water R&R account. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve an emergency expenditure of$20,357.29 from the Water R&R account to repair the Jamela well assembly. Motion carried 4-0. Commissioner Anderson was absent. Amendment to Agreement with DRMP for City Manager Services. (City Attorney Rosenthal) City Attorney Rosenthal stated the Amendment to the Letter Agreement with DRMP for the services of Gene Williford would allow Mr. Williford to continue to work with City Manager Frank until the end of the current fiscal year and on an "as needed" basis as requested by Mr. Frank, at his discretion. Commissioner Johnson, seconded by Commissioner Parker, moved to approve the Amendment to the Letter Agreement with DRMP for Services of Gene Williford and authorize execution by the Mayor and City Clerk. Motion carried 4-0. Commissioner Anderson was absent. Set the proposed Millage Rate for FY 2005. (City Manager Frank) City Manager Frank presented the staff report for the proposed Millage Rate and said Finance Director Horton and Consultant Williford were available for questions. City Attorney Rosenthal advised the Commission that the Millage Rate that is adopted tonight is the Millage Rate that would be noticed to the Public. Consultant Williford stated that department budget requests are still being refined to try to trim the budget. Mayor Vandergrift stated he would vote for the Millage Rate but he would like to see enough money in the budget to resurface a portion of Clarke Road. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the staff recommendation to set the proposed millaqe rate at 4.5789. Motion carried 4-0. Commissioner Anderson was absent. Set Public Hearings and Workshop Dates for Budget FY 2004-2005. (Finance Director Horton) Finance Director Horton presented the staff report and asked the Commission to choose two (2) dates in August for the Budget Workshops and choose one (1) option in September for the two (2) public hearings. Mayor Vandergrift, seconded by Commissioner Johnson, moved to hold the Budget Workshops on August 16, 2004, and August 23, 2004. Motion carried 4-0. Commissioner Anderson was absent. Page 3 of 7 City Commission Regular Meeting DRAFT , July 20,2004 Mayor Vandergrift, seconded by Commissioner Parker, moved to hold the Tentative Budget public hearing on September 2, 2004, and the Final Budget public hearing on September 20, 2004. Motion carried 4-0. Commissioner Anderson was absent. Appointment of a City Commissioner to the Selection Committee for RFQ #0403, Continuing Surveying and Mapping Services; and RFQ#0404, Continuing Engineering Services. (Deputy Public Works Director Zaitooni) Deputy Public Works Director stated Commissioner Anderson asked to be appointed to the Selection Committees for RFQ #0403 and the RFQ # 0404. Without objection, Mayor Vandergrift appointed Commissioner Anderson to the Selection Committee for RFQ #0403 and RFQ #0404. Commissioner Johnson stated that he received a letter from F.D.O.T. regarding the development of the B.J.'s project on Hwy 50 and he would like a response to be sent to F.D.O.T. within their requested 30-day period regarding this project. Community Development Director Wagner stated a Traffic Analysis Study would need to be done. A lengthy discussion ensued regarding the letter received from F.D.O.T. Without objection, Mayor Vandergrift asked staff to bring back additional information and to work on a schedule with F.D.O.T. City Attorney Rosenthal suggested that staff get confirmation from F.D.O.T. on the time frame regarding this project. STAFF REPORTS Community Development Director Wagner stated that he has spoken with the leasing agent associated with Kash n' Karry and Kash n' Karry has done an extensive search for a grocery store to occupy the space. At this time there is no interest on the part of a major grocery store, the store is too large and the rent is too high for a specialty grocery store and the rent is too high for a lower priced grocery store such as Pack n' Save. COMMENTS FROM COMMISSIONERS Commissioner Parker 1. Said that Prairie Lake Subdivision has a stormwater pond belonging to the homeowners association (HOA) and the upper bank of the pond is eroding away. There are six (6) homes that are being affected by the erosion and homeowner's lawns and fences are falling into the pond due to the erosion. When the drought hit in 1998, 1999, and 2000 the rainfall was below normal, a lot of the embankment vegetation died, and the embankment began to erode. The City and the homeowners association have had engineering firms look into the problem and the approximate cost was $125,000 to stop the erosion. The HOA has contacted Mellich Blenden, Inc. to review the problem and their proposed design would be approximately $55,000 to construct the improvements to stop the erosion. The City has reviewed the design and does not foresee any problems with the proposed design. Commissioner Parker further stated that she would like the City to give a $30,000 grant to the HOA and Silvestri Investments have pledged $15,000 from future closings towards the project. Commissioner Parker has discussed this issue with the Finance Department and was told that the City can do an Page 4 of 7 City Commission Regular Meeting DRAFT July 20,2004 "internal loan" on behalf of Silvestri Investments for the remaining balance until the time that Silvestri Investments can pay the City their portion of the project from future closings. The City can hold Silvestri Investments Certificate of Occupancy until payments are received from the developer. City Attorney Rosenthal said a payment agreement would be drawn up with Silvestri Investments to protect the City. Commissioner Parker said the HOA as well as the six (6) homeowners have agreed to sign a "Hold Harmless Agreement" with respect to this project. Max Jacobs, 2247 Mountain Spruce Street, stated this problem was inherited from the developer and he thanked the Commission for their consideration in this matter. Commissioner Parker, seconded by Commissioner Johnson, moved 1) to grant $30,000 to the Prairie Lake Homeowners Association, 2) to enter into an agreement with Silvestri Investments to reimburse the City an amount no less than $15,000, 3) authorize the Mayor and City Clerk to execute all agreements with Prairie Lake Homeowners Association with respect to the erosion of the stormwater pond, such agreement to be acceptable to the City Attorney and Public Works Director, 4) authorize funding to come from the General Contingency Fund from the fiscal year 2003-2004 and 2004-2005, and 5) appropriate releases to be signed by the Prairie Lake Homeowners Association and the six (6) affected homeowners. Motion carried 4-0. Commissioner Anderson was absent. Mayor Vandergrift stated that there are many depressions developing around drainage manholes and someone needs to look into it. Commissioner Parker stated that Orchard Park has manhole depressions and she has been told that this is a County road so someone needs to contact the County regarding this issue. Public Works Director Wheeler stated that the streets and drainage in Orchard Park are the responsibility of the City but the depressions are occurring around sanitary manholes, which are the responsibility of the County, and they will be contacted regarding this problem. Public Works Director Wheeler stated that the City requires each developer to provide a two-year warranty agreement and maintenance bonds are not returned to the developer until the punch lists are completed to the satisfaction of the City. 2. Asked the Commission to consider the purchase of "A Night in Hollywood" package from Health Central Foundation benefiting Health Central's School Nurse Program. Commissioner Parker, seconded by Commissioner Johnson, moved to purchase the "Hollywoodland" package from the Health Central Foundation benefiting Health Central's School Nurse Program from the Legislative Contingency Account in the amount of$1,750. Motion carried 4-0. Commissioner Anderson was absent. Commissioner Johnson 1. Asked the downtown committee to review the "clock tower" information that City Clerk Grafton presented and come back with a recommendation to Commission. Page 5 of 7 City Commission Regular Meeting DRAFT July 20,2004 2. Said that while at a conference out of town he tried unsuccessfully to get Internet access with his laptop. City Manager Frank said wireless air cards are in the 2004- 2005 budget but he would look into a solution before October. Commissioner Johnson asked for a report as to the costs of the wireless air cards for Commission and Staff because the laptops are useless unless you have the wireless air card and he would like this matter resolved as soon as possible. Commissioner Howell 1. Inquired as to the status of the drug rehabilitation homes in the area. City Attorney Rosenthal stated that he will be reviewing this issue with City Manager Frank and it would be brought back at the next Commission Meeting. 2. Requested that the Utility Department check the water lines in District 1 and part of District 2 for lack of water pressure, quality of water and age of lines. Public Works Director Wheeler said he would meet with Commissioner Howell regarding this issue. 3. Inquired as to the status of the old fire station because the Police Department have been using the building and would like to continue to have access to the building. Consultant Williford said he has informed City Manager Frank as to the issue and the building would need to be assessed for asbestos before any decision is made regarding the building. Commissioner Johnson stated he would like to see the building demolished due to parking needs. 4. Said City Clerk Grafton and Frances Watts would be missed. Frances Watts, 43 Shell Key Court, asked that the search for a grocery at the Kash n' Karry location continue. Mayor Vandergrift 1. Announced that METROPLAN will be holding a public hearing in Ocoee's Commission Chambers Wednesday, July 21 regarding the 20/25 Traffic Plan. 2. Directed attention to the papers he had distributed just before the meeting, and discussed the Interlocal Agreement with the County, Orange County School Board, and cities. 3. Reported his (Ocoee High) School was running on time. 4. Said there will be a traffic crisis when school opens with the intersection at Ocoee Crown Point Road and the Clarcona-Ocoee Road if the County does not make a correction in the alignment. 5. School rezoning meetings are happening soon and he wants those meetings noted on our Website. 6. Welcomed City Manger Frank to his first meeting. Page 6 of 7 City Commission Regular Meeting . ` , , ,a, July 20,2004 7. Directed attention to the National League of Cities survey he received and said he would like the City to develop a school survey along the same lines. 8. He reported that trees are being planted at the Ocoee Middle School — a gift from Developer Richard Gonzalez. ADJOURNMENT The meeting adjourned at 9:16 p.m. APPROVED: Attest: City of Ocoee Brenda Brasher, Deputy City Clerk S. Scott Vandergrift, Mayor Page 7 of 7