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HomeMy WebLinkAbout11-01-94 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS MEETING \..,. HELD November 1, 1994 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commISSIOn chambers. Pastor Ron Priest, Winter Garden Seventh Day Adventist Church, led in the prayer and Mrs. Hilda Ems, Chairman of S.A.L.T., led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Gleason and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Planning Director Wagner, Building Official Flippen, Police Chief Mark, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentation: Announcement of Workshop for Lake Apopka Lake Level Fluctuations Recommendations - Mr. David Walker, St. Johns River Water Management District. Mr. David Walker presented a plan to change the way water flows in the Lake Apopka area and, after fielding questions from the Commission and audience, announced a series of public workshops on the Lake Apopka sub basin for the following dates: November 9 at Tanner Auditorium, November 16 in Tavares, and November 29 at Lake Griffin. ~ CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Combs. seconded bv Commissioner Foster. moved to aoorove the consent al!enda as oresented. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Re~ular Meetin~ held October 18. 1994. B. Approval and Authorization for Mayor and City Clerk to execute Shoal Creek Subdivision Plat. C. Approval and Authorization for Mayor and City Clerk to execute Amendment to PEC Contract for En~ineerin~ Services for Boat Ramp. COMMENTS FROM CITIZENS/PUBLIC Mayor Vandergrift introduced the City's new Police Chief, Robert Mark, who spoke briefly, saying he would do his best for the citizens of Ocoee. Mrs. Frances Watts, 43 Shell Key Court, apologized for her remarks at the last meeting re: the recreation department not having activities for girls and said that their activities are just not as well advertised. Mrs. Watts then listed the activities and said that since the department had moved to the community center they have had 50-60 children enrolled in the program. '-" Ocoee City Commission Regular Meeting .~ November 1, 1994 Mrs. Mary Myers, 140 W. Circle Key Drive, thanked the City officials for their support of her neighborhood watch program and announced that their meeting will be Thursday at 7:00 p.m. in the community center training room. R. P. Mohnacky, 1820 Prairie Lake Boulevard, called attention to the parking problem during the meeting nights and asked if the City vehicles could be parked near the community center to free up parking spaces for citizens on those nights. PUBLIC HEARINGS CASE NO. 1-4SE-94: W.GDN. SEVENTH DAY ADVENTIST CHURCH SPECIAL EXCEPTION. (CONTINUED FROM OCTOBER 18, 1994) Planning Director Wagner entered into the record the staff position as presented at the October 18, 1994 meeting and restated the issue, staff position, and recommendation. (The issue being that the Church has applied for a Special Exception to run an expanded school and day care operation and there is concern that Wofford Road should be adequate to support emergency access during the rainy season). He also entered into the record again City Attorney Rosenthal's memo dated September 20, 1994 clarifying DRC recommendation of August 9, 1994; also City Manager Shapiro's memo dated October 26, 1994 containing options pertaining to the road. ~ City Engineer Shira reviewed the different levels of improvement possible and stated that the concern with the solution presented in the Yovaish Engineering Sciences, Inc. report was with the level of maintenance required and the City's ability to provide it. City Manager Shapiro expressed concern that the citizens be required to pay for extraordinary care for a street serving a select few, and he proposed that the Church accept the responsibility to pay for the improvement. Mr. Frank McMillan, 655 N. Wymore Road, Winter Park, attorney representing the Church, asked questions of Mr. Shapiro and Mr. Shira, and they responded. Mr. McMillan also asked Mr. Y ovaish to give his testimony. Mr. Y ovaish gave his qualifications/education and described his evaluation of the road surface, pointing out the differences in his opinion and Mr. Shira's. Mr. McMillan asked Mr. Y ovaish to verify that he prepared a document reflecting his calculations and the method he would use on soil cement base preparation, which he did verify. Mr. McMillan entered that document, dated October 17, 1994, into the record, and then presented pictures of the road for Commission review and which also are part of the record. Mr. McMillan stated that the Church was willing to implement the solution provided by Mr. Yovaish in his October 17, 1994 account, or give the money ($5,000 for clay road and $10,000 for soil cement road) to the City and let them do the work. City Attorney Rosenthal recapped: There is a staff recommendation for approval with eight conditions and there is agreement on seven of those. There is a difference of professional ~ 2 Ocoee City Commission Regular Meeting "-" November 1, 1994 opinion on what is required in order to meet condition number 8, i.e., to assure the access of emergency vehicles. The position presented by staff is the concern about the ability and economics of providing the maintenance required for the road should a decision be made for a surface other than paving. The public hearing was opened. There were no citizens comments at this time. The public hearing was closed. In rebuttal, Mr. McMillan said that there is no evidence that 250 trips per day generated by the school would be adding anything to the maintenance problem and that the Church was willing to go to $5,000 for the clay upgrade. In rebuttal, City Manager Shapiro pointed out that the Church was operating a school without a permit and now in order to get a permit to expand the school it will be necessary to have the road in proper condition. He stated again that it was not appropriate to expect the citizens to pay to expand a use that was not there. He said for the record that there are no other City residences on Wofford Road. \.r- Mr. Shira asked Mr. Y ovaish about the calculations and explained that the cost of the base is not the cost of the road. Commissioner Gleason. seconded by Commissioner Combs. moved to approve the Special Exception reauested with conditions 1 through 7 previously recommended by Staff. in addition. with the Church. at their own expense. to pay to improve the road with a soil cement mixture. based on their (Yovaish's) estimate to last 10 years. with the plans subiect to City Engineer approval. Mr. Shapiro asked that the maintenance be clarified. Mr. Yovaish said that there may be isolated areas of scabbing that require extra maintenance, but the bulk of the road would require less maintenance than is being done at this time. Mr. Rosenthal suggested an amendment regarding DRC amendment #5 which Commissioner Gleason incorporated into the motion, i.e., that the school and child care center be operated by the Church or such other religious organization as may subsequently own the subiect property and not a private organization. Mr. McMillan asked for clarification regarding the time frame. The final motion with amendments is as follows: Commissioner Gleason. seconded bv Commissioner Combs. moved to aoorove the Soecial Exceotion reauested with conditions 1 '-" 3 Ocoee City Commission Regular Meeting ~ November 1, 1994 through 7 oreviously recommended bv Staff. that the school and child care center be ooerated by the Church or such other relil!ious orl!anization as may subseouentIv own the subject orooerty and not a orivate orl!anization: in addition. that by May 1995. the Church at their own exoense will oav to imorove the road with a soil cement mixture. based on their (Yovaish's) estimate to last 10 years. with the olans subject to Citv Enl!ineer aooroval. Motion carried 5-0. RECESS 9:35 P.M. TO 9:45 P.M. VACATION APPLICATION 5' UTILITY EASEMENT ABUTTING LOT 40, LAKE OLYMPIA-LAKE VILLAGE SUBDIVISION. (CONTINUED FROM OCTOBER 18, 1994). Resolution No. 94-29, abandoning and vacating 5' utility easement abutting Lot 40, Lake Olympia-Lake Village Subdivision. (Continued from October 18, 1994) City Manager Shapiro announced that the applicant is out of town and requested that this item be continued until later in the month. The public hearing was opened. No one wished to speak at this time. Commissioner Gleason. seconded by Commissioner Johnson. moved to continue this oublic hearinl! until November 15 at 7:30 O.m. Motion carried 5-0. '-" LAKE BENNET PRELIMINARY SUBDIVISION PLAN. Planning Director Wagner gave the staff report recommending approval. Mr. John A. Moseler, 2269 Lee Road, Winter Park, representing the developer, said that he concurred with staff recommendation and that he was present to answer any questions. There was discussion about the brick road and the location of the bricks removed from that area some years ago. City Manager Shapiro advised that this development has nothing to do with that area. During discussion regarding the type of commercial development, Mr. Moseler said he was planning on retail sales and has been focusing on a nursing home. He said also that the retention ponds would be dry ponds. The public hearing was opened. Mrs. Frances Watts, 43 Shell Key Court, and Ms. Ruth Grafton, 25 Seventh Street, addressed concerns to Commission. The public hearing was closed. Commissioner Foster. seconded by Commissioner Johnson. moved to aoorove the Preliminary Subdivision Plans for Lake Bennet as sil!ned and sealed by the Project Enl!ineer on October 19. 1994. Motion carried 5-0. OTHER BUSINESS First Reading of Ordinances: Second Readings and Public Hearings are scheduled for November 15, 1994 at 7:30 p.m. '-' 4 Ocoee City Commission Regular Meeting '-' November 1, 1994 ORDINANCE NO. 94-27, ADOPTING CURRENT CITY SEAL. Ordinance No. 94-27, adopting the current City Seal was presented by title only for the first reading. Mayor Vandergrift announced the time and place of the second reading and public hearing. ORDINANCE NO. 94-28, AMENDING CH. 7 RE: CODE ENFORCEMENT BOARD PRIVATE PROCESS SERVERS. Ordinance No. 94-28, amending Ch. 7 re: Code Enforcement Board Private Process Servers was presented by title only for the first reading. Mayor Vandergrift announced the time and place of the second reading and public hearing. RESOLUTION NO. 94-30, RELATING TO JOB DESCRIPTION OF STREETS AND DRAINAGE INSPECTOR. Resolution No. 94-30, relating to job description of Streets and Drainage Inspector was presented by title only. City Manager Shapiro explained that in the future this position will be needed on a contractual basis and will be funded from the impact fees. Commissioner Gleason. seconded bv Commissioner Combs. moved to enact Resolution No. 94-30 as oresented. Motion carried 5-0. '-' RESOLUTION NO. 94-31, RELATING TO THE CONDEMNATION OF THE WOODBERY PROPERTY FOR CLARKE ROAD. City Attorney Rosenthal presented Resolution No. 94-31 by title only and explained that failure of the City to acquire the W oodbery property would result in Silvestri Investments being released of its obligation to construct the northern most portion of the Clarke Road Extension. Mr. Rosenthal recommended that: 1) The City Commission approve an offer to Richard C. Woodbery, Jr. and Louise F. Woodbery for the purchase of Clarke Road Parcels 133, 733, and 233 for a purchase price of $108,935 and that the City Attorney be authorized to communicate this offer on behalf of the City Commission; and 2) Approve Resolution No. 94-31, authorizing execution thereof by the Mayor and City Clerk and further authorizing the City Attorney to file an eminent domain petition pursuant to the terms of said resolution and to take all necessary steps to acquire Clarke Road Parcels 133, 733, and 233 through such proceedings. Mavor Vandere:rift. seconded bv Commissioner Foster. moved to aoprove the recommendation as stated. Motion carried 5-0. ~ 5 Ocoee City Commission Regular Meeting '-" November 1, 1994 APPOINTMENTS TO BOARDS PD CITIZENS ADVISORY COUNCIL Mavor Vander!!l"ift. seconded bv Commissioner Johnson. moved to aoooint Sam Woodson. 814 Chical!o Ave. and John C. Lemminn. Jr.. 332 Sterlinl! Lake Drive. to serve a three year term on the PD Citizens Advisory Council. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. '-' COMMISSION COMMENTS Commissioner Johnson: 1) Asked for progress report on Amber Ridge drainage problem reported to him by the homeowners association. City Mana~er Shapiro advised that he met with the developers. builders and Citv Attorney to discuss the problem and the solution. He said that both PEC and City Attorney Rosenthal are reviewing the situation and are preparing reports that will be distributed on November 15. They will not protect the City from the solution. 2) Announced Fall Clean-up Day is November 12 for those whose garbage service days are Monday and Thursday and November 19 for those whose service days are Tuesday and Friday. On those days the Sanitation crews will pick up anything citizens put out except regular household garbage, yard waste, refrigerators/freezers and hazardous waste. Public Works Director Brenner will research and advise citizens how to dispose of refrigerators/freezers. Commissioner Foster: Announced that there will be no garbage service on Thanksgiving Day only. Commissioner Combs: 1) Announced that the City of Ocoee will host the Tri-County League luncheon at Forest Lake Golf Club on Thursday, November 10. 2) Good Homes Plaza dumped dirt in a hole and asked City Manager Shapiro to check into it further. 3) Responded to a question written on one of his campaign flyers that had been returned to him but which was not signed. Commissioner Gleason: 1) Asked that Commission put together a list of concerns for the Florida League of Cities meetings in November and December drawing on information from the November 17 Ethics Commission meeting. City Manaeer Shapiro advised that the League prefers that cities not present their own resolutions separately. as they tend to confuse the issue '-" 6 Ocoee City Commission Regular Meeting ~ November 1, 1994 for the legislature. He stated for the record that a special act will be requested authorizing the Ocoee Police Department to have iurisdiction over the roads in newly annexed areas. 2) Announced Commission Workshop November 15 at 6:00 p.m. to consider the Drainage Basin Study and Maintenance Issues. 3) Asked if the City has been sprayed for mosquitoes lately. City Mana~er Shapiro advised that any citizen can call the Mosquito Control Agency and they will respond as that is one of the most cooperative agencies in the County. '-' Mayor Vander~rift: 1) Proposed that any citizen in a non-contiguous enclave be permitted to annex. City Mana~er Shapiro advised the proper procedure for presenting the issue to Florida League of Cities. City Attorney Rosenthal will prepare the resolution for Commission consideration at the next meeting. 2) Said that the list prepared of weeping streets had omitted Essex Street. 3) Called attention to the situation at the A. D. Mims /Wurst Road intersection with the railroad track where the sidewalk ends and children go into the street to cross over the tracks and get to the sidewalk again. City Mana~er Shapiro advised that he has already checked on this and railroad will not allow filling in with sidewalk to make the crossing easier. but he will request a response in writing for the record. 4) Asked if the City is applying for All American City designation. Mr. Shapiro advised that the City is several years away from being ready to apply. 5) Noted that Maitland has received a $4M grant for a Bike Way. 6) Complimented candidates on their conduct at the Woman's Club Political Forum and announced the televiewing schedule on Channel 16. 7) Reminded citizens to vote on November 8. 8) Noted that cars are driving through on the north side of Parks ide Park and asked if a walkway could be put in. 9) Suggested that an announcement period be put in the agenda earlier in the meeting so that citizens would still be present or awake when the announcements are made. ADJOURNMENT The meeting adjourned at 11:05 p.m. APPROVED: City of Ocoee ~_..--. ~ ~ ~:(.# Lc''',{oi _ J.7~-' S. Scott Vandergnft, Mayor / (j '-' 7