Loading...
HomeMy WebLinkAbout02-04-92 ~ MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD FEBRUARY 4, 1992 The regular meeting of the Ocoee Board of city Commissioners was called to order at 7:30 p.m. by Mayor Dabbs in the commission chambers. Commissioner Woodson led in the prayer and 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, City Engineer/Utilities Director Shira, Administrative Services Director Beamer, Public Works Director Brenner, Planning Director Behrens, and Ci ty Clerk Graf ton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS - None CONSENT AGElfDA The proposed consent agenda consisted of items A, B, C, and D. Commissioner Combs asked for clarification on the location of the traffic light referred to in the maintenance agreement in item D. City Engineer Shira advised that it was located at the intersection of Geneva Street/Bluford Avenue and should be installed the end of this year. C. Acceptance and Approval of Minutes of Regular Commission Meeting of January 21, 1992~ Acceptance and Authorization to Execute Acknowledgement of Satisfaction of Obligations Under Development Agreement with ZOM Silver Gle~, Ltd. (Clark Road). Approval and Appointment of Charles Michael Reed to Fire/Police Pension Board ._ Approval and Authorization to Execute D.O.T. Traffic Signal Maintenance and Operation Agreement for Bluford/Geneva/Story Road. ~.!- '-" B. D. Commissioner Combs, seconded by Commissioner Woodson, moved to approve the proposed consent agenda as presented. Motion carried with unanimous vote in favor. COKKENTS FROM CITIZENS/PUBLIC Mr. R.P. Mohnacky, 1820 prairie Lake Boulevard, referring to an item on a previous agenda regarding the selection of an engineering firm, suggested that the engineers chosen by and for Orange County projects could be used for the City projects to save money. City Manager Shapiro explained that we get a lot of information from the County but the specifications for their projects do not include all the information we need to have in our system, therefore it is necessary to select our own project engineers. PUBLIC HEARINGS - none OTHER BUSINESS Discussion regarding Hackney-Prairie Road Ci ty Manager Shapiro explained that when Sawmill and also Burnden Park were under '-' consideration for approval an agreement was reached to pave Hackney-Prairie Road. It was also agreed that a crash gate should be placed at the end of Rich Drive for emergency vehicle use until the time for Hackney-Prairie Road to be paved. '-' Page 2 Ocnee City Commission Regular Meeting February 4, 1992 Mr. Shapiro noted for the record that in the written staff report, Planning Director Behrens pointed out that Forest Oaks was approved as a project with two entrances (one of which is Rich Drive onto Hackney-Prairie Road) and that developer has contributed $60,000 to the paving of Hackney-Prairie Road; Sawmill is responsible for the paving of that portion of Hackney-Prairie Road from their southern access point to Hackney-Prairie Road to that road's intersection with Apopka-Vineland Road; Burnden Park is responsible for paving Hackney-Prairie Road from that development' s western boundary to its eastern boundary as well as paying their pro-rata portion of the paving cost from their eastern boundary to Apopka-Vineland Road; and prairie Lake PUD will finish the paving of Clarke Road from their northern property line to Ocoee-Clarcona Road in lieu of contributing to the paving of Hackney-Prairie Road. The County recently held a public hearing to address the issue. At the hearing some city residents from Forest Oaks Subdivision voiced concerns about the paving of Hackney-Prairie Road, asking that the paving not be done. The County has continued their public hearing until February 11, 1992 in order for this Commission to answer residents' questions. The following citizens spoke regarding their areas of concern, and the response they received from Commission and Staff is underscored: Ms. Gayle Monta, 8591 Hackney-Prairie Road, Orlando, 32818 spoke for county residents. 1. How many and how large are the units in Burnden Park? 93 single family residences, 12 to 14,000 sq. ft. Has a traffic study been done and how many average household from Burnden Park, Sawmill, and Forest Oaks Yes; None from Sawmill as they will n~ to Clarke Road; per household is the normal. Asked that a representative of Ocoee have this information ready for the County meeting February 11. City Manager Shapiro pointed out that the paving of this road is included in the Comprehensive Plan and has been approved by the County and State. City Attorney Rosenthal said that in his opinion the County could not legally deny the developers the approval to construct Hackney-Prairie Road based upon their August 1989 action and the developer's agreements which have been entered into by the City. The approval was conditioned on certain things being done and those things have been done. The only remaining thing to be approved by the County is the final approval of the construction plans, which they had reserved a right to in order to avoid confusion. 4. Has the speed limit for the road been determined? Rural country road speed limit is 45 mph. unless otherwise directed by the County. Where will the city workers park? Mrs. Monta expressed concern for the high speed limit. Workers can park inside the fence and the speed limit ~ay be less than that. How will the traffic and the needs of the workers be handled? There will not be a turn lane for the people going into the water plant, the fence will be moved if need be to give the workers a space ~ull off the road before opening the gate. Will there be a traffic light at the end of Hackney-Prairie Road? Not expected to be warranted at this time. It is in the design if needed. Why pave the road now before Clarke Road is finished? We have a developer agreement with Burnden Park that says we have a responsibility to pave it if they have the money to_do it with. ...... '-' 2. daily trips per are anticipated? 10 trips per~ 3. 5. 6. 7. 8. ~ '-" ~ Page 3 Ocoee City Commission Regular Meeting February 4, 1992 9. When is construction expected to start? and How long will it take? p~pends on the County and approximately 6-8 months. 10. What happens to the traffic when construction starts? Is concerned about school children getting on the road during construction. Ordinarily, there is a construction plan, but not aware of a specific plan just now._ Ms. Monta said that the developers of Sawmill tried to get access to Hackney- Prairie Road and settled with access to Apopka-Vineland Road with an agreement to build only Phase I until the second access road was opened. Sawmill is now in Phase II and they only have one access road. Burnden Park will only have one access road. . . . Burnden Park will have Clarke Road as well as Hackney-Prairie Road and. is currently in the process of building ~_The County agreed to waive the need for the second access on Clarke Road. Ms. Monta wants Clarke Road finished before any paving of Hackney-Prairie begins and asked for a letter stating that the City will not annex such properties without the request or consent of the land owners and residents who are part of Orange County. The City cannot annex a property without the request or approval of the owner. City Attorney Rosenthal explained the state statutes pertainin~o this. Ms. Melinda Strickland-Joyce, 711 Rich Drive, Ocoee spoke for residents of Forest Oaks and especially Rich Drive, saying that the paving of Hackney-Prairie Road and the removal of the crash gate on Rich Drive will adversely impact their neighborhood with traffic, crime and noise pollution. Would prefer that the crash gate not be removed, and is concerned that residents from Prairie Lake PUD will be using Rich Drive as a thoroughfare. City Attorney Rosenthal explained that there will be no certificates of occupancy issued in prairie Lake PUD until Clarke Road is finished and then Hackney-Prairie Road extension will be complete as well. No residents = no traffic increase. Mr. Hugh Harley, representing Silvestri, said that a tremendous amount of money has gone into the infrastructure to be sure the roads, etc. are in place before the people ~re here to use them. City Manager Shapiro said that if the traffic moves through that area too fast appropriate action would be taken by the Police. Ms. Strickland-Joyce summarized and said that when the Commissioners provide developers free access to an established subdivision they are breaking faith with the existing homeowners and those who are voters will see that it is reflected in the upcoming election. She asked: 1. Is there a written and documented ordinance mandating two entrances to each subdivision, if so, where can it be found? Every major subdivision (50 or more houses) has been required to have two entrances._ 2. List the subdivisions which presently have two entrances and also those subdivisions that have one entrance. 2 entrances: Sleepy Harbour, Prima Vista, Waterside, Forest Oaks (Rich Drive was barricaded until Hackney- Prarie Road is pave~oberts Rise (will have when adjacent property is developed) [Clerk's note: There are others that were not mentioned in the meeting]; 1_ entrance: Johio Shores. 3. Has Forest Oaks been singled out for the proposed expansion or are there other subdivisions also targeted? Absolutek not singling out Forest Oaks. The approved plan was to pave Hackney-Prairie Road and open Rich Drive. 4. If so, which others are scheduled to tax paid for roads [sic] wi th builders? Do you have any idea of the negative impact of opening Rich Drive? '-"" Page 4 Ocoee City Commission Regular Meeting February 4, 1992 Mr. Chris Sweazy, 1602 Prairie Lake Blvd., asked if there could be a waiver to the need to open the crash gate, and he thought that part of the new development would be duplexes. City Manager Shapiro said not likely. _ City Attorney Rosenthal will research for something that is consistent with the Comprehensive Plan and the Code. Planning Director Behrens stated emphatically that there are no duplexes planned for that development, only townhouses, villas, and patio home~ all single family._ Mr. Guy DeVaney, 501 Hager Drive, said that if there is to be no traffic impact there is no need to open Rich Drive. He and others are apprehensive about opening the road due to crime potential. He asked: 1. Definitions of duplex, duplex shares a wall; villa and patio, same rooJ cannot be shared, separate roof line, usually wing walls tied and share lot line ._ 2. Is there a legal requirement that the gate be opened or removed? Traffic engineers would have to indicate the need; the Comprehensive Plan shows it open, but the issue could be addressed._ Mr. R. P. Mohnacky, 1820 Prairie Lake Blvd., said that he would prefer to use the Rich Drive entrance. Is there going to be a turn lane at the Hackney-Prairie Road and Apopka-Vineland Road? Yes Mr. Lee Cheneler, (did not give address), asked if there was a future plan for ~ a third access around Ison Lane. Not known but not expected. Ms. MaryJo Cramer, 1413 prairie Lake Blvd., spoke for the residents in the front of the subdivision, saying that all the residents go by her house and she would welcome the opening of another access road. Ms. Strickland-Joyce asked: 1. Is it possible to have unified homeowners put a controlled gate rather than open the road to all? That would be privatizing the road and this is a public street. If someone should press for it the _Ci ty would have to remove the gate. 2. Is it possible to amend the Comprehensive Plan and when? The procedure is under preparation now and it is anticipated that there will be two windows ~~~_. It would be necessary to show that. th~.roa~~two~k is adequate without opening Rich Drive. 3. What action will be taken and when? The corollary issue of the crash ~L~ will be reviewed by the attorney and when the information is available Commission will make_JL_determination. RECESS 9:15 TO 9:30 P.M. Mayor Dabbs announced that the County request to have a hearing regarding Hackney-Prairie Road has been satisfied and in the process the issue of Rich Drive crash gate was also raised. ..... Commissioner Combs said that notices were sent to all citizens requesting their assistance by serving on planning committees for the Comprehensive Plan and there were approximately 15 citizens on each element of the Plan. He sat on the traffic circulation element committee and was very concerned with traffic '-' Page 5 Ocoee City Commission Regular Meeting February 4, 1992 problems. Prior to that time he attended most of the commission meetings and served on other boards as well. He said that he does not appreciate the threat of "no vote" if he doesn't vote the way folks want him to. He suggested that these citizens who wish to make a difference go back to their neighbors and get the homeowners organization active. Commissioner Combs said further that the decision to be made will affect 14,000+ citizens, not just those who live in Forest Oaks. City Manager Shapiro said that he will look into putting a wall or wood fence as well as a sidewalk along Hackney-Prairie Road. Commissioner Johnson asked that the citizens give them the courtesy of thinking that the Commission is working for them, that this is not a part time job. Commissioner Foster said that it has been suggested that this Commission does not care and that is not so. This Commission has a legal obligation to abide by decisions made by prior Commissions. Commissioner Woodson said that he physically looks at each issue when possible and the Commission depends on the attorney for legal direction. Mayor Dabbs applauded the citizens for their comments and said that he has given more time than originally alloted so that all could speak. He pointed out that ~ the original plat shows Rich Drive cut through and it is not a good practice to undo what prior Commissions have done. Mayor Dabbs said that it is his understanding that the crash gate will stand until Hackney-Prairie Road is constructed, at which time it will come down. City Manager Shapiro will report back to the County regarding this meeting and the position of this Commission. Jeff Bailey, 701 Rich Drive, asked if there can be a four-way stop at both the Rich Drive/Prairie Lake Drive intersection and the Rich Drive/Hackney-Prairie Road intersection. That will be investiaated. RECESS 10:25 - 10:35 P.M. Resolution No. 92-01, "creating an application fee for street and right-of-way vacations; providing for severability; providing an effective date." was presented by title. City Manager Shapiro explained that this resolution establishes the procedure which was called for in the adoption of Ordinance No. 91-21 and that the recommended fee was $250. Commissioner Combs, seconded by Commissioner Foster moved to adopt Resolution No. 92-01 as presented. Motion carried with unanimous vote in favor. '-' Finance Quarterly Review City Manager Shapiro complimented staff on the budget review preparation and requested Commission to review this report and not react at this time, but rather plan to permit staff to determine how they can reduce expenditures and come back before Commission at the next meeting with recommendations. Administrative Services Director Beamer said that these statistics are the same as those previously presented, that they have been analyzed as to whether the quota was Page 6 ~ Ocoee City Commission Regular Meeting February 4, 1992 met and whether it should have been met. Those line items that are over expended are that way because this is the first year that certain expenses were divided in this manner. Next year the figures will be more accurate at the beginning. Commissioner Foster said he would prefer to not wait two weeks to start tightening the belt. City Manager Shapiro said that we have begun already in several areas...unfilled jobs will not be filled, etc. Commissioner Woodson said he will be willing to wait the two weeks to give staff an opportunity to trim down. Commissioners Combs and Johnson had no further comments. Ms. Beamer advised that the 4.3 million has been moved from a rapidly declining investment to one that is fixed at over 7%. Mayor Dabbs said he was impressed with the book and the way it was put together and that he would wait for the next meeting and the recommendations. '-" Voter Control of City Taxes Administrative Services Director Beamer advised that this proposed constitutional amendment, if it were placed on the ballot and if it were approved, would remove the Legislature's absolute power to dictate tax structure and tax policy to cities and would return that power to the voters of each individual city. If approved by the voters, it would become the ongoing tax structure, but if rejected, the existing tax structure of the city would remain. The League commi ttee has requested guidance in establishing the course of action to be approved by the members. Commissioner Foster, seconded by Commissioner Combs, moved to support to the Florida League of Cities voter control of city taxes proposal. Motion carried with unanimous vote in favor. Recommendation for Orange County Commission Appointment to the Community Action Board Mayor Dabbs, seconded by Commissioner Foster, moved to recommend Commissioner Johnson to represent the City on the Community Action Board. Motion carried with unanimous vote in favor. STAFF REPORTS Ci ty Attorney Rosenthal reported that PDR is in bankruptcy and our contract cannot be withdrawn. The trustee agreed to abandon the contract and that will be filed Wednesday or Thursday. However, there is still a 15 day period during which creditors can object. At the end of that period, the City can then accept a new contract with DRP. COKKENTS FROM COMMISSIONERS Commissioner Woodson: 1) Announced that the pick up of recyclables on Veronica Place will start soon. ~ 2) Asked about the window for annexations. City Attorney Rosenthal explained that if the annexation is consistent with the Comprehensive Plan and if the zoning is consistent with the Plan they can be considered at any time. If '--' Page 7 Ocoee City Commission Regular Meeting February 4, 1992 inconsistent with either the Plan or Land Use Element the matter will be on hold until after the Land Use Element is adopted. Also large scale development will not be considered until that time as well because of concurrency requirements. 3) Asked when the window for registering for the Senior Citizen Program (Over 65) is. Response was April. 4) Asked when the trash report would be made. City Manager Shapiro advised that it should be ready by the end of the week. 5) The sidewalk at the corner of S. Cumberland Avenue and McKey Street is going to be level with the road after the resurfacing is finished. City Manager advised that D.O.T. will give a second look and see what they can do about that. Commissioner Combs: 1) Asked if a guard rail can be put along the road at Geneva Street between Kissimmee and Bluford Avenue where the ditch is eroding. 2) Still has heartburn over the fact that PDR said they knew nothing about the bankruptcy situation. 3) Asked about the golf course. City Manager advised there will be a report at the March 3rd meeting. 4) Wants to be sure the mess is cleaned up and big trees are taken care of by D.O.T. '-' Commissioner Foster: 1) Reported the street light is out at 909 Starke Lake Circle. 2) Said the ditch on the south side of Center Street is in bad shape and is now a dump. 3) Has received complaints re: trash in yard at 903 Starke Lake Circle. 4) Blood Bank will be here February 25. 5) Mayor will be out of town on February 11 and 12. commissioner Johnson: 1) Wanted to line up the number 2 architect for the golf course instead of waiting until March. Was advised we should not do that. 2) Reported that the county sidewalks are going in on North Lakewood Avenue. 3) Said City Manager Shapiro's new nickname is "The Bear". 4) Asked for a copy of the districting maps. Mayor Dabbs: 1) Asked if the ownership of the casual roads off Geneva/Kissimmee Streets will become a problem regarding ownership (Amber Electric, etc.) 2) Will not be present at March 3rd meeting. ADJOURNKElfT The meeting adjourned at 11:30 p.m. '-"