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HomeMy WebLinkAbout10-17-95 '-' '-' ........ MINUTES OF THE CITY OF OCOEE CITY COMMISSION MEETING HELD OCTOBER 17, 1995 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commISSIon chambers. Commissioner Foster led in prayer and Mrs. Hilda Ems led in the pledge of allegiance. Upon calling the roll Mayor Vandergrift announced a quorum present. PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Personnel Director Psaledakis, Planning Director Wagner, Planner Dow, Concurrency Analyst Resnik and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATION - VIEWING OF PuBLIC SERVICE ANNOUNCEMENT FOR ANTI-LITTER CAMPAIGN. Concurrency Analyst Resnik showed the Anti-Litter Campaign Public Service Announcement which had been written and performed by Ocoee Middle School students and filmed by TotalReach Production Company. Ms. Resnik announced that the film will be displayed during October and November on several local channels. PROCLAMATION Mayor Vandergrift read a proclamation proclaiming November Epilepsy Awareness Month and then a proclamation proclaiming Florida Red Ribbon Week - October 21 - 31, 1995. Mayor Vandersrrift. seconded by Commissioner Gleason. moved that the Red Ribbon Proclamation be adopted as presented and executed by the Mavor and each Commissioner. Motion carried 5-0. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Gleason, referring to item B, asked for clarification on the method used for the billing for the upgraded street lights. Administrative Services Director Beamer responded that the charge is only for the difference between the standard lights and the upgraded lights. Commissioner Glass noted that, in item A, the Minutes for October 3 Regular Meeting the following phrase should be added: That Commissioner Glass "... thanked TotalReach Production Company and teachers and staff. " Mavor Vandersrrift. seconded bv Commissioner Foster. moved to approve the consent agenda as corrected. Motion carried 5-0. A. Acceotance and Approval of Minutes of the Re~lar Meetin~ held October 3. 1995. and Special Session/Budeet Hearin~ of September 6. 1995 which Minutes include the Continuation/Conclusion of Re~lar Meetinl! of September 5. 1995. Acceptance and Ap.proval of Admiral Pointe Developers and Homeowners Association A&reement for Upl:faded Street Li~hts. Acceptance and Apt'roval of Admiral Pointe Final Plat. B. C. Ocoee City Commission Regular Meeting ~ October 17, 1995 COMMENTS FROM CITIZENS/PUBLIC Mr. Tim MacAllister, 6919 Cross Cut Court, described a water/drainage problem on his street which is causing a health/safety concern. City Manager Shapiro advised that he and City Engineer Shira had responded to Mayor Vandergrift's call to that area on Friday night and, in cooperation with Orange County, had devised a method to protect Apopka Road from overflow from the front pond by rerouting the water to the rear pond. At Mayor Vandergrift's request, Mr. Shapiro said he would contact the County and request that they reroute to the backside of the property. Mr. Richard Roderick, 2517 Greywall Avenue, talked about a particular drainage problem in Sawmill at 5113 Mill Stream Road. There was discussion regarding just how to reach a solution to that problem along with all of the drainage problems and the cost involved. Mr. Shapiro advised that research is underway at this time and he would be asking for a special session as soon as he knows the cost and recommendations. He said that in the meantime he would ensure that all that could/should be done by staff has been done and would report in writing. '-' Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, talked about Prairie Lake Boulevard not standing up under the excess water problem and then asked about opening Rich Drive to Hackney Prairie Road. Mr. Shapiro responded that the last time opening Rich Drive was discussed there were many citizens present in opposition to the opening. He said further that the City's initial responsibility to Burnden Park was a guarantee of a paved entrance to their development. It was not economically feasible to pave the one mile or more Hackney-Prairie Road, but when Clarke Road is completed the 800 yards could be paved. Mayor Vandergrift advised Mr. Mohnacky to come back with a petition signed by 90 % of the citizens in that area in order to have Commission consider the issue of opening Rich Drive. The Citizen Comments were closed until after the second scheduled public hearing, when Mayor Vandergrift discovered Mr. Gray's request to speak and invited him to the lectern. Mr. Bill Gray, 1067 Turnbuckle Court, requested that street lights be installed on Montgomery Street. There was some discussion regarding whether that street was in the City or County and whose responsibility it was to provide lights and mowing. Planning Director Wagner said that both sides are in the City. City Manager Shapiro left the meeting briefly to meet with Mr. Gray outside the room. PUBLIC HEARINGS ORDINANCE No. 95-22, CASE No. AR-94-12-10:CHINABERRY COVE ANNEXATION. ANNEXATION AGREEMENT City Attorney Rosenthal announced that this agenda item involves an Annexation Agreement which will be considered prior to the Ordinance. Planner Dow presented the staff report, '-' 2 '-" Ocoee City Commission Regular Meeting October 17, 1995 describing the property to be considered as Chinaberry Cove, a 15.41 acre parcel located on the southeast corner of 17th Avenue and Clarcona-Ocoee Road (Lakewood Avenue). The Annexation Agreement includes such items as right-of-way dedication along 17th Avenue and Clarcona-Ocoee Road in accordance with the Land Development Code and delaying rezoning until the details have been worked out for PUD zoning. Ms. Dow reported that the Planning and Zoning Commission had found the proposed annexation to be consistent with the Ocoee Comprehensive Plan, the Ocoee Land Development code, local annexation criteria, and the JP A Agreement, and that Staff recommended approval of the annexation agreement subject to the adoption of Ordinance No. 95-22. Commissioner Foster. seconded by Commissioner Gleason. moved to approve the Annexation Agreement between the City of Ocoee and Charles D. Phillips. Debra L. Phillips. Christopher J. Foltz. Nea F. Foltz and Sendro GrouP. Inc.. subiect to the approval of Ordinance No. 95-22. and authorize execution by the Mayor and City Clerk. Motion carried 5-0. Ms. Dow pointed out that there were residents present at the Planning and Zoning public hearing expressing concern over the stormwater issues regarding this property and that Commission had recommended approval of the Annexation Ordinance subject to the execution of this Agreement with the understanding that staff would address the stormwater concerns as part of the development review process. ANNEXATION ORDINANCE No. 95-22 City Attorney Rosenthal read the title only of the Ordinance for the second reading and public '-' hearing, and pointed out that the Annexation Agreement has been executed but the two Joinder and Consents have not been received. Mayor Vandergrift stated that this is an annexation ordinance subject to a rezoning ordinance that may be passed in the future subject to the drainage problems being handled before the rezoning will be passed. The public hearing was opened. Mrs. Mazie Creech, 118 Mobile Lane, said she was not against Chinaberry Cove, but she was concerned that the easements to her property adjacent to Chinaberry Cove might not be honored and her place would be landlocked. Planning Director Wagner explained that her concerns were documented in his office and that the Developer was aware of them and intended to maintain the easement. Mrs. Christine Boothe, 1094 N. Lakewood Avenue, distributed pictures of the area showing water standing in the streets, sidewalks and yards and expressed concern that the development will cause more water than the area can accommodate. Mr. Manning Spivey, 233 17th Street, said he owns 660' along 17th Street and recalled that when 2 houses were built several years ago on 17th/Clarcona-Ocoee Road the existing pond was filled in, and he was concerned that the only place the water from the rooftops of Chinaberry Cove would have to go would be his property. '-' 3 -...... Ocoee City Commission Regular Meeting October 17, 1995 Mr. Rosenthal clarified that the Annexation Agreement does not address the drainage issues being discussed, but that they would be addressed through the zoning process, the PUD process and the subdivision regulations that are in place in the City. The public hearing was closed. Commissioner Glass. seconded by Commissioner Johnson. moved to adoot Ordinance No. 95- 22. subiect to the Joinder and Consents of the mortgal!e holders to the Annexation Al!reement oreviously aooroved. Motion carried 5-0. RECESS 8:45 P.M. TO 9:00 P.M. ORDINANCE No. 95-23, CASE No. AR-94-09-09:THOMPSON/STILL ANNEXATION. This Ordinance was presented by title only for the second reading and public hearing. Ms. Dow gave the staff report describing the subject property as a 2.14 acre parcel east of Marshall Farms Road and north of West Colonial Drive, and reported that the Planning and Zoning Commission found the proposed annexation to be consistent with the Ocoee Comprehensive Plan, the Ocoee Land Development Code, Chapter 171, Florida Statutes, and the JPA Agreement. '-' The public hearing was opened. Mr. Allen Parker, representing the owners, was present to answer any questions. As no one wished to speak, the public hearing was closed. Commissioner Foster. seconded by Commissioner Gleason. moved to aoorove the Thomoson/Still Annexation Petition #AR-94-09-09 and adoot Ordinance No. 95-23. Motion carried 5-0. IT WAS AT THIS POINT IN THE MEETING THAT MR. BILL GRAY MADE THE STATEMENTS LISTED UNDER CITIZEN COMMENTS. ORDINANCE No. 95-24, CASE No. AR-94-09-09:THOMPSON/STILL REZONING. This Ordinance was presented by title only for the second reading and public hearing. Ms. Dow gave the staff report, noting that the Planning and Zoning Commission found the proposed rezoning to be consistent with the Ocoee Comprehensive Plan, the Ocoee Land Development Code, the character of surrounding development and zoning patterns and the JP A Agreement. Both P & Z and staff recommended approval of the request to rezone the parcel to C-3, General Commercial District. The public hearing was opened. As no one wished to speak, the public hearing was closed. '-" 4 Ocoee City Commission Regular Meeting October 17, 1995 '-' Commissioner Foster. seconded by Commissioner Glass. moved to adoot Ordinance No. 95- 24. Motion carried 5-0. ORDINANCE No. 95-25, CASE No. AR-95-06-02:JERNIGAN ANNEXATION. City Attorney Rosenthal presented this ordinance by title only for the second reading and public hearing and noted that the Annexation Agreement has been properly executed. Ms. Dow gave the staff report, describing this as a single family residence parcel of 4.438 acres located on the north side of West Colonial Drive, just west of the Florida Turnpike Interchange and she listed the potential development concerns which are a part of the Annexation Agreement. She reported that the Planning and Zoning Commission found the proposed annexation to be consistent with the Ocoee Comprehensive Plan, the Ocoee Land Development Code, Chapter 171, Florida Statutes, and the JPA Agreement. Mr. Jeff Douglass was present representing the owners. Commissioner Glass. seconded by Commissioner Johnson. moved to aoorove the Annexation Agreement with Anna Mae Jernigan and Florence Jeannette Wilson subiect to final aooroval and adootion of Ordinance No. 95-25. Motion carried 5-0. The public hearing was opened. As no one wished to speak, the public hearing was closed. ~ Commissioner Glass. seconded by Commissioner Gleason. moved to adoot Ordinance No. 95- 25. Motion carried 5-0. ORDINANCE No. 95-26, CASE No. AR-95-06-02:JERNIGAN REZONING. This Ordinance was presented by title only for the second reading and public hearing. Ms. Dow said that the whole staff report was summarized in the title and she noted that the Planning and Zoning Commission had recommended approval of the requested rezoning to C-3, General Commercial District. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Glass. seconded by Commissioner Johnson. moved to adoot Ordinance No. 95- 26. Motion carried 5-0. RESOLUTION No. 95-18, VACATING B.C. TERRY RIGHT-OF-WAY. This Resolution was presented by title only. Planning Director Wagner gave the staff report and advised that, due to the many existing difficulties which would make the vacation of the roadway impractical, (such as the fact that there are trunk lines for the utilities companies in that right-of-way which the companies are reluctant to specifically locate) staff recommended denial of the vacation. ~ 5 Ocoee City Commission Regular Meeting October 17, 1995 '-" There was discussion regarding the responsibility of maintenance of the roadway, and the difficulties to be dealt with if action is or is not taken to vacate. City Manager Shapiro stated for the record "... the City's position regarding the water/sewer lines is that we are less upset about that becoming an easement because we know where they are, while the rest of the utilities do not know." Commissioner Gleason wished to delay the decision in order to give the developers an opportunity to meet with the utility companies. Mr. Wagner pointed out the necessity to consider the cost of regrading the lots and making sure the drainage works and he said a solution regarding fencing and future access would have to be worked out as well. The public hearing was opened. Mr. Bill Gray, 1067 Turnbuckle Court, spoke representing the residents in The Highlands and expressed concern about the condition of the right-of-way. He said they were neither for nor against the vacation, but would like to see it mowed. Mr. Sam Keith, 1127 Turnbuckle Court, said that both the City and the County had denied responsibility for the right-of-way several years ago and he asked that it either be maintained or vacated so that someone would care for it. Ms. Kathy Beyers, 1111 Turnbuckle Court, said that the bushes and weeds are higher than the fence and she was afraid to walk back there because of the snakes and rodents. '-" Both Commissioner Foster and Commissioner Johnson spoke against the vacation. Commissioner Gleason. seconded by Commissioner Glass. moved to continue the public hearing to November 21. 1995 at 7:30 O.m. Motion carried 3-2 with Mayor Vandergrift. Commissioners Glass and Gleason voting "aYe." and Commissioners Foster and Johnson voting "naY." City Manager Shapiro stated for the record that he would guarantee that someone will be mowing that right-of-way within 2 days. Mr. Bill Gray said from the telephone down is barricaded and he wanted to be sure that access to his property is not cut off. RECESS 9:55 P.M. TO 10:10 P.M. OTHER BUSINESS FIRST READING OF ORDINANCE No. 95-27, REVISING THE EnUCATIONAL INCENTIVE PROGRAM IN THE PERSONNEL RULES AND REGULATIONS. SECOND READING AND PuBLIC HEARING WILL BE NOVEMBER 7, 1995 AT 7:30 P.M. ~ 6 Ocoee City Commission Regular Meeting October 17, 1995 ~ This Ordinance 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. 95-20, ADOPTING INVESTMENT POLICY. This Resolution was presented by title only. Adminstrative Services Director Beamer gave the staff report, noting that this Resolution clarifies and specifies the procedures used in the City's investment activities. Mayor Vandersrrift. seconded by Commissioner Johnson. moved to adopt Resolution No. 95-20 as presented. Motion carried 5-0. RESOLUTION No. 95-21, ESTABLISHING A DRUG FREE WORKPLACE FOR EMPLOYEES. This Resolution was presented by title only. Personnel/Employee Relations Director Psaledakis gave the staff report, and advised that the City will receive a 5 % reduction in the workers' compensation rate upon adoption of this Resolution. She explained that there will be no random testing of employees but an employee with a problem will be given assistance toward rehabilitation on a one-time-only basis. Mayor Vandergrift noted that the word "company" should be changed to "City" and he asked that the policy be reduced to one page rather than one and a half pages for ease of distribution. Commissioner Glass and Mayor Vandergrift volunteered to be tested to set an example for employees. '-' Mayor Vandersrrift. seconded by Commissioner Gleason. moved to adopt Resolution No. 95- 21 with the editorial changes noted. Motion carried 5-0. YEARLY EVALUATION OF CITY MANAGER. Mayor Vandergrift polled Commission for comments. Commissioner Foster said the City Manager had his support. Commissioner Glass said he had submitted a written evaluation and generally the City Manager had his support. They have already discussed the areas that he felt needed attention. Commissioner Gleason said he submitted his evaluation late this afternoon and apologized for the late submittal. He said he thought that Mr. Shapiro should have an opportunity to review the evaluation in private and be prepared to respond to his concerns. He said he had reviewed Mr. Shapiro's travel reports, time schedule, and credit card and he was disappointed and not satisfied with his performance since February. Commissioner Johnson said he had not submitted his evaluation, but he has a problem with the way Mr. Shapiro comes across to the public. He noted that, however, when Mr. Shapiro's ~ 7 Ocoee City Commission Regular Meeting October 17, 1995 '-" contract comes up for consideration the public comes forward to say what a good job he is doing. He said he had been to dinners with Mr. Shapiro but discussed City business at the time. He suggested that those dinners were not as costly as family insurance coverage provided for another Commissioner. He proposed that Commissioners give up whatever they have been receiving. City Manager Shapiro interjected that he would prefer to have an opportunity to review Commissioner Gleason's evaluation and respond to his concerns rather than have it discussed openly in this manner. Commissioner Gleason and Commissioner Johnson continued to discuss some of the issues at length. Commissioner Foster stated that Commission has a responsibility to submit a written evaluation, not to discuss it in open meeting, and Commissioner Glass agreed. Mayor Vandergrift said that he had prepared and submitted an in-depth evaluation and asked City Manager Shapiro to step down. '-' City Manager Shapiro stated for the record that he did not intend to resign. APPOINTMENTS TO BOARDS CODE ENFORCEMENT BOARD - CAROLYN ALEXANDER - TERM EXPIRES NOVEMBER 1995. Mayor Vandersrrift. seconded by Commissioner Glass. moved to appoint John Linebarier to the seat on the Code Enforcement Board vacated by Carolyn Alexander's resignation with the term ending November 1998. Motion carried 5-0. Mavor Vandersrrift. seconded by Commissioner Foster. moved to appoint Bruce Holmes to serve as 2nd Alternate on the Code Enforcement Board with the term ending October 1998. Motion carried 5-0. RECREATION ADVISORY BOARD-CAROLYN ALEXANDER-RESIGNED-TERM EXPIRES APRIL 1997. Mayor Vandersrrift. seconded by Commissioner Glass. moved to appoint Fred Daughtry. Jr. to the seat on the Recreation Advisory Board vacated by Carolyn Alexander's resignation with the term ending April 1997. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. "-' 8 ~ Ocoee City Commission Regular Meeting October 17, 1995 COMMENTS FROM COMMISSIONERS Commissioner Johnson: No comments. Commissioner Foster: No comments. Commissioner Glass: No comments. Commissioner Gleason: 1) Announced again the number 656-2218 for the RSVP line for citizens to call with questions/ concerns/ comments/ complaints. 2) Said that Mr. Fergus on Dovetail had expressed appreciation for the help in sandbagging around his property, but now the stench from standing water, the snake, mosquitoes and ants in the house are causing extreme discomfort. City Manaf!:er Shaoiro said that he will see what he can do about the situation. '-' Mayor Vandererift: 1) Thanked those who helped with sandbags at Sawmill and Forest Oaks, and clearing the drainage ditch at Pioneer Key Park areas. He noted that the water at Tranquille Oaks was coming from under the railroad tracks and asked that sandbags be put on the other side of the tracks. Mr. Shapiro said he would call and ask permission but he doubted that it would be granted. 2) Sidewalks in front of 5016 Log Wagon Road are still cracked. 3) Said he would like to call a volunteer clean up day since the permits have come in to clean the lake. Ms. Beamer said the permits say only that the clean up can be either by hand or by apt'lication of Rodeo. Mr. Shapiro added that he could suoply the utensils but not the manpower as the money for overtime would not be available. Mayor asked for the cost of compacting the cleanup debris on site. Ms. Beamer said that last year there were several experienced people on site (Winter Garden Staff) who could give direction to volunteers for the Lake Apopka cleanup. ADJOURNMENT The meeting adjourned at 11:05 p.m. APPROVED: ;~:-J~~ . S. Scott Vandergrift, MaYO~ Attest: ~ 9