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HomeMy WebLinkAbout05-02-00 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD MAY 2, 2000 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers located at 150 N. Lakeshore Drive. Commissioner Parker led in prayer and Mrs. Frances Watts led the Pledge of Allegiance to the Flag. The roll was called and all were present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton, Assistant City Engineer Wheeler, Fire Chief Strosnider, Assistant Fire Chief Firstner, Fire Inspector Stanley, Fire Inspector Levesque, Planning Director Wagner, Principal Planner Lewis, Capital Projects/Transportation Planner Friel, Police Chief Mark, Public Works Director Smith, Solid Waste Supervisor Dees, Recreation Director Nordquist, and Technical Support/Trainer V ogt. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS YEARS OF SERVICE A WARDS Years of Service awards were presented to the following employees by the Mayor and Commissioners as their individual department heads spoke briefly of their appreciation for their service. 5 Years - Susan LaBrecque 15 Years - Gordon Lane, Frank Carlsson, Randy Conyers, Jimmy Butler CROSS CREEK SUBDIVISION, GATED ACCESS - THOMAS DALY, DR. ROBERT FERDINAND Mr. Scott Clark, attorney representing Dr. Ferdinand, explained that during the Esplanade at Plantation Grove PUD Preliminary Site Plan public hearing of July 21, 1998, neighbors had requested that the entrance be moved to allow them to put in a gated entry and that request had been accommodated. Mr. Clark recalled that the agreement had been reached subject to the safety issues being resolved. He said that now the traffic experts have a real concern regarding stacking of cars due to the location of the key pad in the design submitted by the homeowners association. He displayed three proposed options for a change to the design, recommending option three as it had the longer approach. City Manager Shapiro stated for the record that he did not want it assumed that staff has met with the developer. He said they have met with the homeowners of Cross Creek and really want to work out the problem to everyone's advantage. The homeowners had agreed to leave the gates open during the day and had discussed the additional funds that would be necessary to make any change in their plan. Mr. Shapiro suggested that, if Commission intended to make a decision, it would be appropriate to schedule a public hearing, unless the homeowners felt it was unnecessary. Commissioner Howell asked if Cross Creek homeowners had presented a plan and Mr. Shapiro said they had and it was held up because of traffic concerns. Commissioner Johnson said they overlooked the pattern for two years and he wanted the homeowners to have what they had been promised without having to go back before their people again. Ocoee City Commission Regular Meeting May 2, 2000 City Manager Shapiro said that if Commission determines by majority vote to allow the permit to be issued, the permit will be issued. Commissioner Anderson asked why the City would have jurisdiction if the roads were private. City Manager Shapiro advised that if the traffic is stacked up so that it is backed up onto a public road, it can affect the emergency vehicles. Later in the discussion Mr. Shapiro addressed the private road issue again, stressing for the record that the City has the lawful right, when reviewing the final plan, to ask that a road be moved. Mr. Clark said his point was, that being said, the City has the lawful right to address this private road as well. Mr. Spencer Solomon, 534 Goldenmoss Loop, recalled that the City Commission had promised two years ago that they could have a gate, and he pointed out that the location of the gate was well known at the time. He said they took two years to get it together because the first year the developer was still in charge of the homeowner association, and then they had to get organized. He said the gate would be open during the day and he did not anticipate any stacking during that time, as the road is nineteen feet wide and that would be wide enough for two cars to pass easily. Mr. Solomon said further that they have a $77,000 contract with Florida Door Control and they have made a $26,000 deposit based on (1) the drawing presented at the July 1998 meeting, and (2) the strength of the approval of the minutes where the decisions were made, and (3) their agreement with Dr. Ferdinand and his developer. Mr. Tom Daly said he thought it was not appropriate to ask the City Commission to make a decision on technical issues and he suggested holding a public hearing to resolve the matter. Commissioner Johnson. seconded by Commissioner Parker. moved to direct Staff to approve the Homeowner Association application for a permit based on the request being consistent with the City Commission approval of the Final Engineering Plans for the proiect. Motion carried 5-0. JIM HAYES, CENTRAL FLORIDA DROWNING PREVENTION TASK FORCE - PRESENTATION TO OCOEE FIRE DEPARTMENT AND FIRE INSPECTOR JACKIE LEVESQUE Mr. Jim Hayes gave statistics regarding drownings in Florida and in particular this area, and gave high praise to Fire Inspector Levesque for her enthusiastic approach to the creation of a drowning prevention program for the City of Ocoee. He presented a plaque to her and then another plaque to Fire Chief Strosnider to express appreciation for the entire department. PROCLAMATIONS: Natasha St. Pierre, of West Orange High School, read the following proclamations: Community Action Month - May 2000 Teacher Appreciation Week - May 7-13,2000 Child Abuse Prevention Week - April 24 - 30, 2000 CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. Commissioner Anderson seconded by Commissioner Howell. moved to approve the consent agenda as presented. Motion carried 5-0. Page 2 of 8 Ocoee City Commission Regular Meeting May 2, 2000 A. Approval and Acceptance of Minutes of City Commission Regular Meeting of April 18, 2000, Special Session of April 18, 2000, and Canvassing Board Meeting of April 12, 2000. (CITY CLERK GRAFTON) B. Approval and Authorization to Expend $15,000 for Fireworks for Founders Day. (COMMUNITY RELATIONS/PROJECTS DIRECTOR SHIRA) . Staff requests authorization to finalize a contract with Zambelli Fireworks Internationale along with the other necessary paperwork, and authorization for the Mayor to sign the contract upon completion. C. Approval and authorization for Mayor and City Clerk to Execute Interlocal Agreement with Orange County Environmental Protection Department for Spraying Herbicides. (RECREATION DIRECTOR NORDQUIST) . This agreement is part of the "Fish Orlando" project administered by the Florida Fish and Wildlife Conservation Commission and establishes terms and conditions for the control of aquatic plants in Starke Lake. The agreement provides for 4 applications per year at $259 each. D. Approval and Authorization for Mayor and City Clerk to Execute the Non-Exclusive Temporary Easement Agreements with Individual Property Owners as listed below for the Maguire Road Widening Project. (CITY ATTORNEY ROSENTHAL) 1. The Ferdinands (Robert L., Mary Virginia, and James V.) 2. Maguire Apartment Venture, Inc. 3. James and Helen Bradfield . The need for these Temporary Easement Agreements is based on the Project design prepared by PEC, and staff recommends payment of $250.00 to the Ferdinands, Maguire Apartment Venture, Inc., and the Bradfields to cover their costs in reviewing and executing the agreements. E. Approval and Ratification of City Manager Action to Hire C.E.S. to Perform the Microbial Mediation Work. (CITY MANAGER SHAPIRO) . Cross Construction was unable to perform until mid-June. As that delay was unacceptable, quotes were solicited from additional companies. C.E.S. was the low bid at $101,150.00. COMMENTS FROM CITIZENS/PUBLIC Mr. Bill Meginley, 504 E. Silver Star Road, introduced the West Orange High School representatives to the Florida Odyssey of the Mind, and advised that these two teams had again won the right to attend the world finals in Knoxville, Tennessee which will be held May 31 through June 4. He asked for support to make this possible, as the members are representing the City of Ocoee, the City of Winter Garden, and West Orange High School; and he presented a letter authorizing his request from Gary Preisser, Principal, and Linda O'Brien, Sponsor. Commissioner Anderson. seconded by Commissioner Johnson. moved to grant the same amount given to this group last year ($2.000) from the Contingency Fund providing they fill out the appropriate application. Motion carried 5-0. Mr. Meginley was advised that next year he should fill out the application prior to coming before Commission. Mayor Vandergrift read a telephone message from Mr. Tom Griffey, Ocoee Little League, which stated: " 1) The new batting cages are now being trashed. Kids are climbing to the top and forcing the fence to cave in. Can barbed wire be placed around the top? 2) The home plate of the major field needs to be reworked and replaced. Corner of the plate keeps coming up and there is the potential for serious injuries." Public Works Director Smith advised that the Little League was going to put in the netting. Page 3 of 8 Ocoee City Commission Regular Meeting May 2, 2000 COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced the RSVP line: 407-656-2218. Commissioner Johnson: 1) Reported that the plans for the June 3 Reunion for Ocoee High/Middle School are coming together and he will have activities to announce at the next meeting. There will be barbeque at the Beech Recreation Center and the Lions Club will have a concession for drinks. 2) Said the City needs to pay more attention to the Pop Warner Field and its upkeep. He said the rest rooms are a total mess and there should be a crew to go by regularly and clean them. There always is a problem with weeds and he would like a written report from the gentleman who comes out. Commissioner Anderson announced the Big Orange Games at West Orange High School May 6. Commissioner Howell had no announcements at this time. Mayor Vandergrift: 1) Called attention to his correspondence to the Legislative Delegation regarding the unfunded mandate on bill boards. 2) Discussed his 5 year plan to solve overcrowding in Ocoee Schools which he had distributed prior to the meeting. Mayor Vandergrift read a telephone message from Linda and Larry McWilliams, 813 Marleen Drive, thanking Danny, Ellis and Bruce for their efforts of putting the netting over the batting stop at the Little League field as it keeps the balls out of their yard. They also expressed appreciation for the paving of A.D. Mims Road. Recess 8:35 p.m. - 8:45 p.m. Mayor Vandergrift read a message from Mr. Jim Swickerath, 1203 Richfield Avenue, regarding charter schools and the upcoming presentation by the Haskell Group, and he assured Mr. Swickerath that competitive contractors would have a fair opportunity to bid. PUBLIC HEARINGS SECOND READING OF ORDINANCE No. 2000-18, REPEALING ORDINANCE 784-DAMAGE REWARD BOARD. (CITY ATTORNEY ROSENTHAL) City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened. Mayor Vandergrift advised that this board was created some years ago and has never met. In a review of the boards Commission decided this board was no longer needed and requested this ordinance to repeal the enabling ordinance. As no one wished to speak, the public hearing was closed. Commissioner Howell. seconded by Commissioner Parker. moved to adopt Ordinance No. 2000-18 as presented. Motion carried 4-0. (Commissioner Johnson was away from the dais.) Page 4 of 8 Ocoee City Commission Regular Meeting May 2, 2000 THE VINTAGE AT LAKE LOTTA, PRELIMINARy/FINAL SITE PLAN, PROJECT No. LS-99-006. (PLANNING DIRECTOR WAGNER/PRINCIPAL PLANNER LEWIS) Planning Director Wagner presented the staff report, pointing out that this is part of the first phase of Lake Lotta Center PUD. The project as designed has 199 multifamily residential units, located on the north side of Lake Lotta and SR 50, just east of the main entrance road to the West Oaks Mall. He noted the plan has met the set back requirements, the recreational areas, and the buffering requirements from the single family area with the 7 foot brick wall with appropriate landscaping along the northern and eastern boundaries of the site adjacent to Rose Hill subdivision. He added that, as part of the DR! approval, there was a required conservation area around Lake Lotta and this entire development is out of the 100 year flood plain with a 25 foot buffer. Mr. Wagner pointed out that the development is completely out of the natural area of Lake Lotta and it holds 100% of its stormwater so it will not adversely affect the lake. The Developer has agreed to give the City a conservation and drainage easement over that portion of the land by Lake Lotta and a sidewalk for pedestrian easement for future use, should the City wish to put in a bike/pedestrian path later on. The Developer has asked for a waiver for a couple of units to be within 10 feet of the road rather than the normal requirement of 15 feet. The DRC has voted approval of the plan subject to the waiver and fixing several technical items. Planning and Zoning Commission held a public hearing during which the primary concerns of the residents seemed to be the location of the dumpsters, the location of the three story buildings, and the potential for the third floor apartments looking into their back yards. The Developer's Engineers have made an effort to address those issues. Principal Planner Lewis assisted by displaying pictures of the site in a power point presentation, and then reported on the meeting with the Rose Hill home 9wners. He noted that the plan presented in the packet was not the final plan as the Developer is still making revisions to satisfy the DRC and Staff requirements. He reviewed the proposed changes and responded to questions. Mr. Wagner pointed out that the Developer will be directed to comply with the Code regarding the placement of oak trees and the additional (taller) trees needed to preserve the privacy of the neighbors will fill in. Mr. Joe Kolb, Bowyer-Singleton & Associates, Inc., said they had met with the home owners last week and had been able to accommodate most of their wishes. They were able to move the wall, reduce the height of the light poles, increase the land screenings and the dumpsters were moved to 65 feet from the property line. Mr. Robert Rohdie, Owner/Developer, said that they had met with the home owners and would walk the area and put trees where they needed to be for a visual buffer. When Commissioner Anderson pressed to be sure that this would be done again if the original installation of trees proves to be inadequate to provide privacy, Mr. Rohdie said that he would agree if reasonableness was a part of the agreement. The public hearing was opened. Mrs. Pamela Delf, 9107 Mr. Lincoln Court, speaking for the residents of Rose Hill, said that most of their issues have been addressed and she asked that the record reflect that the Developer will take care of the sod on the easement and she wanted to be sure the hours of construction are controlled. She thanked the Developer and his staff for their cooperation. Page 5 of 8 Ocoee City Commission Regular Meeting May 2, 2000 Mrs. Darcie Conrad, 9030 Floribunda Drive, asked if the trees would be burned when they are taken down. Mr. Shapiro advised that would be subject to the Fire Chief giving a permit. As no one else wished to speak, the public hearing was closed. Mavor Vandergrift. seconded by Commissioner Parker. moved to approve the Vintage at Lake Lotta Apartments. Preliminary /Final Site Plan. with the requested waiver. subiect to Staff handling all administrative items outstanding and having all easements prior to issuing a Certificate of Occupancy. Motion carried 3-2 with Commissioner Anderson and Commissioner Howell voting no. OTHER BUSINESS FIRST READING OF ORDINANCE No. 2000-19, OCOEE CHURCH OF THE NAZARENE, ANNEXATION, CASE No. AP-97-09-08. Second Reading and Public Hearing are Scheduled for May 16, 2000 at 7:15 p.m. (SENIOR PLANNER MCGINNIS) City Attorney Rosenthal read the title only of the Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held May 16,2000 at 7:15 p.m. or as soon thereafter as practical. STORMW ATER UTILITY PROJECTS. (CITY MANAGER SHAPIRO) City Manager Shapiro advised that, at the work session held April 24, this Commission had discussed and prioritized the projects to be completed using the Stormwater Utility fund, which has a current balance of $533,000. He presented the list for a formal action at this time. The projects were as follows: Project #1 Pioneer Key II Mobile Home Park Project #2 Starke Lake Drain Wells Project #3 Reflections Roadway and Side-Yard Underdrains TOTAL $150,000 250,000 70,000 $470,000 Commissioner Parker. seconded by Commissioner Johnson, moved to adopt the list of proiects as presented. Motion carried 5-0. AUTHORIZATION TO USE $20,000 FROM ROAD IMPACT FEES FOR SCHOOL ZONE LIGHTS FOR CITRUS ELEMENTARY SCHOOL. (PuBLIC WORKS DIRECTOR SMITH) Commissioner Anderson. seconded bv Commissioner Johnson. moved to approve spending $17.600 from road impact fees to purchase eight (8) solar powered school zone flashing signal lights. and waive the bid process in order to meet the August completion date. Motion carried 5-0. ELECT MAYOR PRO TEM AND REORGANIZE COMMISSION ApPOINTMENTS TO BOARDS. (CITY CLERK GRAFTON) Commissioner Johnson nominated Commissioner Anderson to serve as Mayor pro tern. There were no other nominations and the vote was 5-0 in favor. Commissioner Johnson nominated Commissioner Anderson to serve as the City representative for the West Orange Health Alliance in the place of the staff member appointed last year. The vote was 5-0 in favor. Page 6 of 8 Ocoee City Commission Regular Meeting May 2, 2000 There was discussion regarding whether the rest of the appointments should stand as they are, and Commission agreed without objection to continue to serve in the same capacity as last year, as follows: Citizen Advisory Council for Ocoee Police Department - Commissioner Anderson Education Commission - Commissioner Johnson Parks & Recreation Advisory Board - Commissioner Anderson Personnel Board - Commissioner Howell Educational Incentive Committee - Commissioner Parker Innovative Idea Committee - Commissioner Johnson East Central Florida Regional Planning Council - Mayor Vandergrift West Orange Chamber of Commerce - Mayor Vandergrift West Orange Airport Authority - Harold Maguire (appointed to replace Mayor October 5, 1999) DISCUSSION RE: MEETING ON CHARTER SCHOOLS WITH EDUCATION COMMISSION. (MAYOR VANDERGRIFT) Mayor Vandergrift called attention to a letter he was drafting to Mel Martinez in response to his letter regarding (in part) overcrowding schools, requesting the City to not annex property that has been denied rezoning by Orange County because it would seriously impact overcrowded schools. He asked that any Commissioner contact him who wished to have input in the letter. ST AFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Parker: 1) Said she is unable to attend the 2000 Florida Trails and Greenways Conference May 18-20 in Clearwater and wanted to be sure a representative attends. City Manager Shapiro advised that he has Staff attending and they could bring back tapes as well. Mayor Vandergrift asked that someone bring back grant information. 2) Expressed concern about the problem of getting children to Citrus Elementary School safely with the proposed widening of Silver Star Road and other construction. City Manager Shapiro said he had been advised to do temporary sidewalks and they will be designed and a DOT permit will be applied for. He said he still felt that bussing was the best solution and is still working on that. 3) Noted that the summer recreation program is being moved to Beech Recreation Center and expressed concern that the digging for the pool would pose a danger for the children. City Manager Shapiro advised that precautions will be taken and that the site will still be safer than the Community Center. 4) Advised that the floor at the Community Center is being worn down already. 5) Noticed that new areas of damage at the Withers-Maguire House are apparent now. City Manager Shapiro advised that a report is being prepared showing the recommended procedure to take care of the repair. Commissioner Johnson: 1) Said the exit sign for Ocoee from the Beltway says Plant Street which is very wrong. City Manager Shapiro said he has already discussed it with them and it will be changed to SR 438. Page 7 of 8 Ocoee City Commission Regular Meeting May 2, 2000 Commissioner Anderson: 1) Announced the Big Orange Games at West Orange High School Saturday at 8:30 a.m. and asked for volunteers. 2) Announced the grand opening on May 5 of CFI on Professional Parkway. 3) Announced May 14 is Mothers' Day. 4) Reported that there are dangerous places in the brick paths on the Withers-Maguire House grounds and said he would provide pictures to Staff. 5) Reported that the landscaping along the Clarke Road median looks bad now. 6) Stated for the record: "At the last Commission meeting I expressed concerns regarding the traffic situation on SR 50 and the impact of new development. I didn't want anyone to interpret my comments as suggesting that we should stop or slow new development on SR 50. I do think that it is important to closely review the traffic impacts of each project and make sure that any adverse impacts are minimized. I will personally be looking at this issue on each new project." 7) Said when Wurst Road is resurfaced he would like to see islands added. City Manager Shapiro said Wurst Road is not wide enough for islands, and he advised Commissioner Howell that the bid opening was delayed another week in order to get more bids. Commissioner Howell: 1) Said that the original bid on Wurst Road included sod on the sides and he wanted the road widened to the mailboxes so the mail vehicles would not have to drive on the grass. City Manager Shapiro said he would check the bid and see that the sod was included and asked Commissioner Howell to get with him regarding the road. Mayor Vandergrift: 1) Said one of the proclamations he made earlier had to do with Housing and Community Development and he made a booklet available which contained some programs that could be used by the City. 2) Thanked whoever got the benches for the porch. 3) Would still like to see the rails on the lakeside of City Hall lowered so that a person seated in the chairs could see the lake. 4) Said the sand looks good on the edge of the lake. ADJOURNMENT The meeting adjourned at 10:20 p.m. Attest: \, ",\ APPROVED: City of Ocoee .\~' Jea, jGrafton, City , ! ",-.,/ ~' S. Scott Vandergrift, Mayor Page 8 of 8