Loading...
HomeMy WebLinkAbout10-03-95 ........ MINUTES OF THE CITY OF OCOEE CITY COMMISSION REGULAR MEETING HELD OCTOBER 3, 1995 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers. Mrs. Betty Goble led in the prayer and Mrs. Frances Watts led the pledge of allegiance. The roll was called and a quorum declared present with one member, Commissioner Foster, absent. PRESENT: Mayor Vandergrift, Commissioners Glass, Gleason, and Johnson. Also present were City Manager Shapiro, Assistant City Attorney Barker, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Planning Director Wagner, and City Clerk Grafton. ABSENT: Commissioner Foster ....... PRESENTATIONS AND PROCLAMATIONS RECOGNITION OF WINNER AND HONORABLE MENTION TO OTHER CONTESTANTS IN THE CITY OF OCOEE ANTI-LI'ITER CAMPAIGN CONTEST FOR OCOEE MIDDLE SCHOOL STUDENTS - PRESENTED BY COMMISSIONER GLASS. Commissioner Glass announced that he had served with Solid Waste/Fleet Maintenance Supervisor Dees and Concurrency Analyst Resnik judging the finalists of the 60 entries from the Ocoee Middle School in a contest for a script for a public service announcement for the anti-litter campaign. The announcement had been filmed today and will be aired on various channels over the next few months, courtesy of CVI. Commissioner Glass presented Certificates of Recognition to the following students: First Place - Sabrina Shepherd, Second Place - Garrett Golden, Third Place - Amanda Watkins, Honorable Mention - Becky Vereb, Contessia Evans, Eyeylondra Jones, Jennifer Aguirre, Iris Mitchell, Ashley Coleman. Commissioner Glass expressed appreciation to CVI for their cooperation in the filming and broadcasting of the announcement and to Ms. Resnik for an excellent job putting together the anti-litter campaign for the City. PROCLAMATION - FLORIDA CITY GOVERNMENT WEEK - OCTOBER 15-21, 1995. Mayor Vandergrift read the proclamation proclaiming October 15-21 as Florida City Government Week in Ocoee in its entirety, and then read another proclamation proclaiming October to be National Physical Therapy Month. RECESS 7:45 P.M. TO 7:55 P.M. Mayor Vandergrift announced that a West Orange Jaycees volunteer was answering the telephone in his office and would relay any messages or questions from the television audience. He then introduced Assistant City Attorney Dave Barker, who was present representing Foley & Lardner. ~ '-' Ocoee City Commission Regular Meeting October 3, 1995 CONSENT AGENDA The consent agenda consisted of items A, B, and C. After a brief discussion, Mavor Vanderl!rift. seconded bv Commissioner Johnson. moved to aoorove the consent aeenda as oresented. Motion carried 4-0. A. Acceptance and Approval of Minutes of the Re~lar Meetin~ held September 19. 1995. B. Appointment of Police/Fire Retirement Trust Fund Board Fifth Member - Mike Reed now elected by employees. Board has selected Ron Strosnider to serve as fifth member for two year term belPnnin~ October 1995. C. Acceptance and Authorization for Mayor and City Clerk to execute Notice to Proceed with Southeastern Surveyin~ & Mappin~ Corp. for Cemetery Boundary Survey. ~ COMMENTS FROM CITIZENS/PUBLIC Ms. Shirley Hoskins, 819 E. Harbour Court, member of the Recreation/Environment committee during the preparation of the Comprehensive Plan, requested an update on the timetable for the planning for the swimming facility and library. Commissioner Gleason said he agreed with the need but there were no funds available. Commissioner Glass echoed support for the library and said that, although the survey done some time ago showed no need for one, it was time to press the library system again. Commissioner Johnson noted that Winter Garden has two pools (one for 45 years), funded by Federal Funds which Ocoee does not get. He said he did not expect Ocoee's pool to happen within the next couple of years, even though the City is working on grants toward that end. Mayor Vandergrift said a poll should be done to determine what to do with the recreation resources, and suggested cooperating with the school system in the planning, use and maintenance of their facilities. Mr. Ed Mulcahy, 510 Hill A venue, suggested using Starke Lake for swimming as was done in the past. Mayor Vandergrift responded that, unfortunately, the lake was no longer suitable for swimming. PUBLIC HEARINGS - None OTHER BUSINESS REPORT ON FY96 INTERIM SERVICES FEES. Administrative Services Director Beamer gave the staff report and, as there were no significant changes in the budgets (for Fire, Code Enforcement, Law Enforcement, P.P.T.D., Public Works and Recreation) to warrant increases in the Interim Services Fees, recommended that Commission accept the report of the funds and approve the recommendation as presented by staff that there be no changes in the fees for the coming year. Mavor Vanderl!rift. seconded bv Commissioner Glass. moved to acceot the reoort of ~ 2 "-" Ocoee City Commission Regular Meeting October 3, 1995 the Interim Services Fees funds as Dresented and aDDrove the recommendation bv staff that there be no changes in the fees for the coming vear. Motion carried 4-0. SILVESTRI INVESTMENTS OF FLORIDA, INc. DISCUSSION/AcTION RE: SECOND AMENDMENT TO DEVEWPMENT AGREEMENT. Assistant City Attorney Barker presented the staff report for the Second Amendment, saying that this would essentially permit Silvestri to complete their portion of Clarke Road in two segments rather than one. The highlights of the Second Amendment, which would resolve issues of importance to both the City and the Developer and provide for the completion of Clarke Road in a timely manner are as follows: 1) The Developer acknowledges that the City has acquired all necessary right-of- way. 2) The Developer reaffirms its obligation to design, engineer, permit and construct, at its expense, the Clarke Road improvements from its present terminus north to Clarcona-Ocoee Road. Further, they agree to commence construction within sixty days of the date of approval of the Second Amendment. .~ 3) The City agrees that the Developer will not be required to construct sidewalks within the final segment of Clarke Road. All of this segment is outside of lands owned by the Developer and sidewalks would typically be constructed at the time of development by the property owner fronting the road. This is also consistent with the approach taken throughout the Prairie Lakes PUD. 4) The City agrees to accept the dedication of Clarke Road in two phases. The first phase would be from A.D. Mims Road north to its present terminus. The second phase would be to Clarcona-Ocoee Road. Except as set forth below, no certificates of occupancy would be issued until all of Clarke Road is completed and dedicated to the City. 5) The Developer agrees to construct, at its expense, intersection improvements at Clarke Road and Clarcona-Ocoee Road in lieu of improvements at the intersection of A.D. Mims Road and Apopka- Vineland Road. 6) The Developer is allowed to proceed with the development of the Phase I Prairie Lake Subdivision and obtain Certificates of Occupancy for 62 lots prior to completion of the second phase of Clarke Road, subject to certain limitations including the commencement of construction of the second phase and completion of construction of the sub-base for such phase. However, the Developer may obtain 10 Certificates of Occupancy '-'" 3 '-' '-' ~ Ocoee City Commission Regular Meeting October 3, 1995 prior to completion of the sub-base for Phase II of Clarke Road as long as all other conditions have been satisfied. 7) A dual obligee maintenance bond, along with an assignment of rights against the Developer's contractor, will be accepted by the City. This is a two year bond and is comparable or better than the bond received by the City in connection with the City's Clarke Road project. During the ensuing discussion, Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, talked about the water level rising in the area and raised the question of just opening up Hackney Prairie Road if it cannot be improved. He was advised that such action would bring out the residents of that area in great numbers to protest. City Manager Shapiro said that a comprehensive report on the drainage system, including capital improvements, maintenance and repairs needed, will be ready for a work session within 60 days. Commissioner Gleason. seconded by Commissioner Glass. moved to approve the Second Amendment to the Development Agreement between the Citv of Ocoee and Silvestri Investments of Florida. Inc. and authorize execution thereof by the Mavor and City Clerk as presented bv the City Attornev. Motion carried 4-0. DRAINAGE EASEMENT AGREEMENT AND DRAINAGE AND UTILITY EASEMENT AGREEMENT - HACKNEY PRAIRIE ROAD. Assistant City Attorney Barker presented the staff report and pointed out that the first Easement Agreement grants the Developer the right to enlarge the retention pond being conveyed to the City as part of the Hackney Prairie Road project for any future development at their option. The City is responsible for any maintenance of the pond and any expansions thereof so long as the pond is primarily designed to serve Hackney Prairie Road. The second Easement Agreement gives them the right to have utilities and drainage across the road right-of-way being conveyed in fee simple to the City. He recommended approval subject to the acceptance of the City of that portion of Hackney Prairie Road adjacent to the Prairie Lakes PUD. Mr. R.P. Mohnacky talked about Ison Lane nearly being under water and he expressed concern that new development may cause their development to have to go on sewer service when their septic tanks have worked successfully so far. Commissioner Gleason. seconded bv Commissioner Glass. moved to approve the Drainage Easement Agreement and the Drainage and Utility Easement Agreement between the City 4 Ocoee City Commission Regular Meeting October 3, 1995 ~ and Silvestri Investments of Florida. Inc. and authorize execution thereof bv the Mavor and City Clerk. subiect to the acceptance bv the Citv of that portion of Hacknev Prairie Road adiacent to the Prairie Lakes PUD. Motion carried 4-0. DISCUSSION RE: EASEMENT AGREEMENT BETWEEN FLORIDA AUTO AUCTION AND THE CITY OF OCOEE PROVIDING ACCESS TO WOFFORD ROAD/APOSTOLIC WORSHIP CENTER. City Manager Shapiro advised that this easement is the solution to the problem of achieving access to the Apostolic Worship Center in case of emergency if Wofford Road should be impassable. He said the $10,000 from the Center would be used to pave the easement so the City vehicles can go through there and any excess would go to improving Wofford Road. Mavor Vandererift. seconded bv Commissioner Johnson. moved to approve the Easement Agreement between Florida Auto Auction and the City of Ocoee providing access to Wofford Road and the Apostolic Worship Center. Motion carried 4-0. ~ STAFF REPORTS City Manager Shapiro reported that at the Western Beltway meeting a decision was made for the Orlando-Orange County Expressway Authority to meet with local cities together in Ocoee to present the proposed route of the Western Beltway and answer any questions. There was discussion regarding the scheduling and, as the goal of the presentation was to receive resolutions of approval from the cities a special session would be needed father than a work session. In response to this need, Mayor Vandergrift called a Special Session for October 10, 1995 at 7:30 p.m. COMMENTS FROM COMMISSIONERS COMMISSIONER JOHNSON: Said he had already talked with City Manager Shapiro about a problem with lighting at 604 Starke Lake Circle and the intersection of Center Street and Starke Lake Circle. COMMISSIONER GLEASON: 1) Announced Founders Day on Saturday, October 7 from 10 a.m. to 5 p.m. at the lakefront. 2) Reported concerns expressed to him by the Sleepy Harbour Homeowners' Association regafding the use of Starke Lake by the Diamond Ski Club. Mr. Shapiro advised that he was waiting for correspondence from their representative so he could review their needs and call a meeting to include all concerned in a discussion. Commissioner Johnson said he had been told by a person in Sleepy Harbour that it was understood that he would be voting in favor of the skiers and he took offense that someone would assume that he would be voting in a particular way before the issue was discussed. Mrs. Ann Whittle, president of Sleepy Harbour Homeowners' ~ 5 '-" '-' '-" Ocoee City Commission Regular Meeting October 3, 1995 Association, said that she had made the statement that "All it takes is a 3-2 vote to pass it. " 3) Said he had received phone calls re the Sentinel article that stated the Maguire Road Developers traffic was almost twice that expected by Commission and he wanted the record to show there were 2 votes against the issue, one of which was his vote. He stated further that the staff got a bad rap in the article which was undeserved because they had made the issue clear. COMMISSIONER GLASS: 1) Said he has not made up his mind on the ski issue, but will wait until both sides have given evidence. 2) Said he also had received many calls on the Maguire Road issue and also wished to defend staff. He said he thought the number of trips would have a heavy impact and tried to make it clear at the meeting. MAYOR VANDERGRIFT: 1) Said he thought there was a set number of square feet and number of houses on the Maguire Road issue and did not feel that the report was particularly clear. 2) Thanked the television coverage team for the many hours of work they have put in, as that responsibility will be shifting soon and he asked for volunteers to help generate another system of televising. 3) Recalled that during the budget workshops reviewing the attorney situation was discussed and he wished to consider replacing the current attorney firm or having an attorney in-house. Mr. Shapiro said he would need direction from Commission to proceed. Mayor Vandergrift said he was just suggesting it for Commission consideration. No action was taken. 4) Asked for the date of the lake cleanup. Administrative Services Director Beamer advised that the D.E.P. has had to investigate some areas and have not yet responded with a date. She will meet with Mayor Vandergrift Wednesday for further discussion. 5) Has been attempting to arrange a fish fry for the appreciation dinner for the volunteer board members. Commissioner Gleason said it would be appropriate for the entire Commission to discuss it and give staff direction to make arrangements. After some discussion regarding the preferences of the members, Mavor Vandere:rift, seconded bv Commissioner Gleason, moved to direct staff to proceed with plans for the appreciation dinner for volunteer board members and present the plans to Commission. Motion carried 4-0. 6) Announced that the video recording of the Orange County Charter Review Commission meeting of September 28, held in the Ocoee Commission Chambers, would be broadcast immediately following this meeting. 6 "-" ..... '-' Ocoee City Commission Regular Meeting October 3, 1995 7) Invited the public to view the work of artist Beatrice on display at City Hall. ADJOURNMENT The meeting adjourned at 9:40 p.m. Attest: APPROVED: City of Ocoee ~ S. Scott Vandergrift, Mayor 7