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HomeMy WebLinkAbout12-05-06 Minutes MINUTES OCOEE CITY COMMISSION December 5, 2006 6:30 P.M. Performance by West Orange High School All Girls Choir 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the Invocation and Commissioner Hood led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson (absent). Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS- none I Co COMMENTS FROM CITIZENS/PUBLIC Pat Buckles, President of Ocoee High School Booster Club, said they are starting foundation for the High School similar to what West Orange High School did when they upgraded their football field. They need funds to build grand stands and press boxes. The stadium seats 1250 people, and approximately 2000-3000 are showing up for games, leaving at least 800 people standing. The estimated costs are $400,000 to build the grand stands and press boxes. There was an occasion where an ambulance had a difficult time getting through the crowd. He asked if the City could consider donating $10,000 per year to their foundation. Mayor Vandergrift said we have already completed the budget for this year, and he doesn't think have $10,000 available for this year. Commissioner Anderson said that the school could apply for the CMA and MVP grant awards during this cycle, which will give them $3000 for this year, if the Commission will waive the deadline date for applications, which was November 30, 2006. He also advised that the Ocoee Bulldogs and the Little League are in need of bleachers, and perhaps Mr. Buckles should consider having everyone work together, including Pop Warner, and raise more money if it is a community-wide effort. Mayor Vandergrift advised that he can come this year to see if we have money left over after the grant cycles, and they can ask for that money without filing an application. Frances Watts, 43 Shell Key Court, said she is stepping down as President of the West Orange Seniors, but she will still be active in the club. She said the club has 110 members, throughout West Orange County. She said they play cards on Tuesdays and Thursdays, do crafting twice a month, hold pot luck dinners on the 3rd Thursday of each month, and take bus trips on a regular basis. She said she has been involved with the Commission meetings for 15 years, and she remembers when Commissioner Anderson's and City Attorney Rosenthal's children were born. City Commission Regular December 5, 2006 She said Commissioner Johnson is her district commissioner and she thinks he is a great man and does a great job. She said is happy to hear the Mayor is retiring, because he has worked very hard for the City for a long time and deserves a break. She said being Grand Marshall in the Christmas Parade this past Saturday was the greatest day of her life. She thanked Jean Grafton for taking her to the beauty salon before the Parade to have her hair and nails done, and she even got a massage. She thanked City employees Cathy Sills and Debbie Gallo for helping her be Grand Marshall in the Christmas Parade. She brought Poinsettia Napkin Holders with candy canes for the Commission and City Clerk, and said the Seniors made them and distributed them throughout several nursing homes. She said Mayor Vandergrift has come to the Senior's meetings every month for 15 years, and he always brings a bucket of ice cream. That's over 150 buckets of ice cream. She said he knows every senior in the room and talks to them all. She said she loves Ocoee and appreciates all of the help she has had with the Seniors Organization and in her personal life and she is very blessed to be part ofthis wonderful City. Nancy Cox, asked the Commission if they would consider purchasing a full-page ad in the yearbook for the Victory Christian Academy at a cost of $150.00. Commissioner Hood, seconded by Commissioner Anderson, moved to purchase a full-paae advertisement in the Victory Christian Academy year book in the amount of $150 from the Commission Continaency Fund. Motion carried 4-0, with Commissioner Johnson absent. I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood 1) said this Saturday 6:00 - 8:00 p.m. at Gazebo there will be a tree lighting ceremony with Santa Claus, and Christmas Carols will be sung by the Ocoee Middle School Choir and the Sounds of Sunshine, 2) he thanked the Lions Club for the excellent job they did in the Christmas Parade, 3) advised everyone about Operation Santa, sponsored by the Fire Department, who will be visiting subdivisions throughout the City between December 14 - 22,2006. Residents can get the schedule from Community Relations or on OGTV Channel 21, 4) said the Ocoee Pop Warner Football team put a hurting on a team from Detroit on Sunday, and they will be playing a team from California tomorrow at 9:00 a.m.; a peewee cheerleading squad will be cheering nearby, 5) judging for Christmas Light Decorations will occur on December 11 and 12, 2006, and applications to enter homes must be received at the Recreation Department by December 8, 2006. Trophies and Gift Cards will be given out and signs will be placed in their yards. The homes will be featured on OGTV. Commissioner Anderson 1) thanked the Lions Club and staff for the great job on the Christmas Parade, and 2) thanked the Commissioner for burning the ear of School Board Member Jim Martin to help get their point across. Commissioner Keller 1) thanked the Lions Club for the great job at the Christmas Parade Mayor Vandergrift 1) attended a dedication for West Orange Artificial Turf; he believes the cost of the turf is approximately $400,000. He said at the event a member ofOCPS said that the reason Ocoee did not get more bleachers is because they did not have enough bathrooms, 2) read a notice about a clothing drive "Time to Restock Public Defenders Community Clothes Closet", they will be collecting clothes on Saturday, December 9, 2006 from 9 am-lpm at the courthouse and distributing clothing to the needy, 3) said Nemours Children's Hospital wrote a Page 2 of 12 City Commission Regular December 5, 2006 thank you letter for our resolution of support. 4) said MADD- is having an annual candlelight vigil on December 10, 2006, at East Monte Civic Center in Altamonte Springs. I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of November 7, 2006. (City Clerk Eikenberry) Adopted on Consent. Motion carried 4-0, with Commissioner Johnson absent. 2. Approval of 4-Year Lease-Purchase of New and Replacement City Vehicles & Equipment for FY 06/07. (Purchasing Agent Tolbert) The budget for Fiscal Year 06/07 includes the lease-purchase of new and replacement vehicles and equipment. The Florida Sheriff's Association (FSA) & Florida Association of CountieslFlorida Fire Chief's Association and other governmental agency bids were reviewed for the best pricing based on factors such as price and options available. Authorization is needed to piggyback the respective contracts for the items. It is the intent of Staff to consolidate the financing for the vehicles and equipment being purchased in order to realize a savings on the interest rate. This lease-purchase agreement is for four (4) years, and is the second of two lease agreements needed to fmance the remainder of the budgeted vehicles and equipment. The 4-year financing of $827,387.00 through SunTrust Bank at an interest rate of 4.123%, which will be Schedule No. II to the existing Master-Lease Agreement, to close on or before December 30, 2006. The total cost of vehicles purchased with budgeted funds is $110,388.00. Adopted on Consent. Motion carried 4-0, with Commissioner Johnson absent. 3. Approval of Ocoee Crown Point PUD Project Change Order No.6. (City Engineer Wheeler) The phase I infrastructure for the Ocoee Crown Point PUD project included mast armed "School Zone" signage for the Ocoee High School on Ocoee Crown Point Parkway. This signage was to be in addition to the signage and striping that is already present on Ocoee Crown Point Parkway. The existing warnings include the pole mounted flashing lights and the appropriate striping in the roadway and signage along the road. All of this signage and striping is in accordance with the FDOT and Manual of Uniform Traffic Control Devices (MUTCD) standards. VHB, Inc. over interpreted the standards and included the mast armed "School Zone" signage in the design of the project. FDOT Secretary Denver Stutler, Jr., P.E., issued a policy memorandum on May 3, 2006, titled "Establishing School Zones and School Crossings" for FDOT controlled roads. The policy statement explicitly provides that school speed zones may be established only for "public and private elementary, middle schools (Jr. High), or federally funded Headstart facilities providing a full-time education program" (p. 2, Section 1.1). It is similarly explicit in stating that high schools are not eligible for school speed zones, but are more appropriate for alternative measures, such as pedestrian crossing signs or warning signs for a driveway entrance (p. 2, Section 1.2). Even with these reduced traffic control measures, the policy statement cautions against their indiscriminant use: "Traffic control devices are not normally needed at a high school, but when special circumstances occur, they should be addressed on a case-by-case basis, only used when needed, and justified by an engineering study". This policy memorandum has been applied as a regional practice standard for other roadways and can be viewed as the policy guidance established under Section 316.1895, F.S. The deletion of the mast armed "School Zone" signage will result in decrease of $81,479.00 to the project cost. The fmal cost for the Phase I and Ib infrastructure Projects will $3,836,443.50. This change order will fmal the Ocoee Crown point PUD Phase I Infrastructure Project. Adopted on Consent. Motion carried 4-0, with Commissioner Johnson absent. 4. Approval of the Purchase of the Property at 102 Security Circle. (City Engineer Wheeler) The City received a Tax Deed Notice from the Orange County Comptroller's Office. The subject property is identified as Security Mobile Home Park Z93 Lots I & 2 Blk A, or 102 Security Circle. The notice was for no payment of taxes for the past 8 years and was to be sold a public auction on November 16, 2006, unless the Page 3 of 12 City Commission Regular December 5, 2006 taxes were paid in full by the owners. The amount of the back taxes owed was $3,903.88. The Subject property has been through the Code Enforcement Board for numerous code violations. The property had been liened for the code enforcement actions. The City was in the process of foreclosure on the subject property as a step of the code enforcement issues. City staff reviewed the location of the property in relation to the Community Development Block Grant application submitted in March of this year. The CDBG project is to improve utilities, drainage, and roadways within the area including Mobile Lane, Security Circle, Mac Street, Christine Avenue, Melva Avenue, Lyman Avenue, Charles Street, and Lee Street. The project has been preliminarily approved by Orange County and is awaiting final determination by U.S. Department of Housing and Urban Development. The subject property is located at the intersection of Lakewood Avenue and Security Circle. The City will be needing rights-of-way for road widening and drainage improvements and for sanitary sewer installation. The property fronts on two of the roads in the area proposed to be improved to City standards. The remainder of the property could be used for a lift station site for the construction of City sanitary sewer service in the project area. City staff discussed the possibility of purchasing the property through the Tax Deed Sale process with the City Manager and the Mayor. City staff purchased the property at the public auction on November 16, 2006, for the amount of $7,150.00. The cost is justified in relation to legal fees to fmalize the code enforcement actions, purchase of rights-of-way, purchase of land for a lift station site, and to assist in cleaning up the area. The City will also be getting some of this money back as payment of the taxes and for some of the liens placed against the property. The Engineering Department recommends that the City Commission approve the purchase of the property located at 102 Security Circle. Adopted on Consent. Motion carried 4-0, with Commissioner Johnson absent. 5. Approval of Windsor Landings Subdivision Reuse Water System Extension - Change Order No.1 in the Amount of $4,875.00. (City Engineer Wheeler) This project consisted of extending the existing reuse water main along Maguire Road approximately 1380 linear feet from Moore Road to the entrance to the Windsor Landings subdivision. The Meadow Ridge Developer, Pulte Homes Corp. installed 12" main for a portion adjacent to the Meadow Ridge Development. The City installed 8" main from Meadow Ridge to the Windsor Landing Subdivision. This project also provided a stub out to the west side of Maguire Road at the Meadow Ridge intersection. This change order is required for an additional 75 feet of 8" pipe installed by directional bore underneath Sagecrest Drive. This work is required to eliminate the need to close Sagecrest Drive for multiple days by boring to the south side of the drive. This will also provide a possible future connection for Orange County should they ever need to extend service south of town. The change order amount will be funded by the 2003 Utility Bond Issue. Adopted on Consent. Motion carried 4-0, with Commissioner Johnson absent. 6. Approval of Special Events Permit for Boat Regatta on Starke Lake. (Building Official Jones) In order to temporarily close a public street and boat ramp, the approval of the Honorable Mayor and City Commission is required. William Tetro, South Florida Outboard, has made application to the City for a special event permit for a boat regatta that would require the temporary closing of a city owned street, Starke Lake boat ramp, and fishing pier. It would also require the use of the city park, gazebo and community center parking lot. The community center has not been rented and the Recreation Department has been notified of the event. The event will be held on March 15-18,2007. The street to be closed is a portion ofN Lakeshore Drive. Adopted on Consent. Motion carried 4-0, with Commissioner Johnson absent. 7. Approval of Special Events Permit for Richfield Neighborhood Block Party. (Building Official Jones) Ms. Leonarda Richardson of Richfield Subdivision has made application to the City for a Special Events Permit for a Christmas block party that would require the temporary closing of a City owned street. The event will be held on December 16, 2006. The street to be closed is Springfield Drive. Staff recommends approval with the following requirements: I) All residents that will be affected by the road blockage must be notified in advance; 2) Health Central Ambulance must be notified of the road closure in advance; 3) An emergency lane must be maintained at all times; and, 4) Roads must be blocked with proper barricades. Adopted on Consent. Motion carried 4-0, with Commissioner Johnson absent. Page 4 of 12 City Commission Regular December 5, 2006 8. Approval of Special Events Permit for Martin Luther King, Jr. Parade. (Building Official Jones) Dorcas Dillard, MLK Unity Parade Coordinator, has made application to the City for a special events permit for a parade to celebrate Martin Luther King, Jr. that would require the temporary closing of a city owned street. The event will be held on January 15, 2007. The street to be closed is a portion of Clarke Road. Staff recommends approval with the following requirements: I) All residents that will be affected by the road blockage must be notified in advance; 2) Health Central Ambulance must be notified of the road closure in advance; 3) An emergency lane must be maintained at all times; and, 4) Roads must be blocked with proper barricades. Adopted on Consent. Motion carried 4-0, with Commissioner Johnson absent. 9. Approval of Purchase of Additional Equipment for Police Patrol Cars from Emergency Vehicle Equipment Installation, Inc. as a "Best Source" in the Amount of $44,181.30. (public Works Director Krug) EVEI has proved to be the best choice solution as they are local, they are a one stop shop which includes equipment and graphic installation, warranties all the parts, and provides the exact "standard" equipment needed with no variation. At present it is running approximately 8 weeks to get the required equipment which is why immediate approval of this purchase is necessary. The Budgeted cost in FY 06/07 for the Equipment was $43,500 in the Police Departments Small Equipment line item 001-521-00-5230. A cost proposal has been submitted in the amount of $44, 181.30 a difference from the budgeted amount of $681.30. There are sufficient funds in 001-521-00-5230 to cover this additional cost. Adopted on Consent. Motion carried 4-0, with Commissioner Johnson absent. Consent Agenda Vote Commissioner Anderson, seconded by Commissioner Keller, moved to approve Consent Aaenda Items #1 throuah #9 as presented. Motion carried 4-0, with Commissioner Johnson absent. I F. PUBLIC HEARINGS - None I G. FIRST READINGS 10. ABC Fine Wines & Spirits. (Senior Planner Howell) Based on the recommendation of the DRC and the Planning & Zoning Commission, Staff respectfully recommends the Mayor and City Commissioners adopt the ordinance to annex 2.35 acres of land known as the ABC Fine Wines & Spirits property, and also adopt the ordinance to rezone the property to C-2 (Community Commercial District). I a. Annexation Ordinance City Attorney Rosenthal read the title of the annexation Ordinance. Mayor Vandergrift announced the 2nd reading of the Ordinance and Public Hearing will take place on December 19, 2006, at 7: 15 p.m. or as soon thereafter as may be heard. Page 5 of 12 City Commission Regular December 5, 2006 I b. Rezoning Ordinance City Attorney Rosenthal read the title of the rezoning Ordinance. Mayor Vandergrift announced the 2nd reading of the Ordinance and Public Hearing will take place on December 19, 2006, at 7:15 p.m. or as soon thereafter as may be heard. 11. Maine Street Parcels - Annexation Ordinance. (Senior Planner Howell) The owners of the Maine Street Parcels are requesting annexation of the subject properties into the jurisdictional boundary of the City of Ocoee. The subject properties include approximately 33.176 acres of land and are generally located on the northwest comer of Maine Street and Chicago A venue, South of Tiger Minor Park, and east of Richmond A venue. The properties are comprised of several residential dwelling units and agricultural uses consisting of citrus groves and associated uses. The property adjoins the Ocoee Cemetery site. Based on DRC and P&Z recommendations, Staff recommends that the Mayor and City Commissioners approve an Ordinance for Annexation of the +/-33.176 acre parcel of land known as the "Maine Street Parcels". City Attorney Rosenthal read the title of the annexation Ordinance for Maine Street Parcels. Mayor Vandergrift announced the 2nd reading of the Ordinance and Public Hearing will take place on December 19,2006, at 7:15 p.m. or as soon thereafter as may be heard. 12. Fountains West. (Principal Planner Fabre) I a. Small Scale Comprehensive Plan Amendment Ordinance The Comprehensive Plan Amendment parcel lies on the east side of Ocoee-Apopka Road approximately 500 feet north of the intersection with West Road. The subject property is approximately 9.9 acres in size and lies directly north of an already designated "Commercial" parcel of land owned by the petitioner. The subject property is currently undeveloped and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees and other varieties of trees scattered around the property. Moreover, most of the property was a former citrus grove that is currently cleared. Based on the recommendation of the Local Planning Agency, Staff recommends that the Mayor and City Commissioners approve the small-scale Comprehensive Plan Amendment Ordinance for Fountains West changing 9.9 acres of "Low Density Residential" Land Use to "Commercial" Land Use, subject to the approval of the Fountains West PUD Land Use Plan. City Attorney Rosenthal read the title of the Comprehensive Plan Amendment Ordinance. Mayor Vandergrift announced the 2nd reading of the Ordinance and Public Hearing will take place on December 19,2006, at 7:15 p.m. or as soon thereafter as may be heard. I b. PUD Rezoning Ordinance/Land Use Plan Fountains West PUD property is located on the northeast comer of the intersection of West Road and Ocoee- Apopka Road. The property encompasses approximately 43.03 acres of land of which approximately 4.73 acres will be designated as wetland/conservation to be dedicated to the City. Additionally as part of the onsite wetland mitigation, 1.1 acre will be dedicated to the City as a Public Trail (Tract G). The subject property is currently undeveloped and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees and other varieties of trees scattered around the property. Moreover, most of the property was a former citrus grove that is now cleared. Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the rezoning the property from C-2 "Community Commercial", R-IA "Single-Family Dwelling", and I-I "Restricted Manufacturing & Warehousing" to PUD based on the Land Use Plan, as date stamped received by the City on November 21, 2006, and further subject to limiting Lot 3 from the use as a Drive-In restaurant, approval of the Development Agreement and approval of the small-scale Comprehensive Plan Amendment. City Attorney Rosenthal read the title of the rezoning Ordinance. Page 6 of 12 City Commission Regular December 5, 2006 Mayor Vandergrift announced the 2nd reading of the Ordinance and Public Hearing will take place on December 19,2006, at 7:15 p.m. or as soon thereafter as may be heard. He advised that the Public Hearing is the best place to speak, but anyone wishing to address the Commission regarding this item tonight may do so. I H. REGULAR AGENDA 13. Eagles Landing - Final Subdivision Plan. (Principal Planner Fabre) The property is located on the west side of Ocoee-Apopka Road approximately 2,000 feet north of the West Road intersection. The property encompasses approximately 46.35 acres of land of which approximately 4.61 acres are designated as wetland/conservation to be dedicated to the City. This conservation area adjoins and connects to a series of other conservation/wetlands already dedicated to the City. The FSP also provides protection for an existing eagle's nest. The subject property is currently undeveloped and is covered with a small variety of trees of which a majority consists of planted pine trees. It should be noted that the applicant intends to harvest the planted pines prior to development. Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Final Subdivision Plan for Eagles Landing Subdivision, as date stamped received by the City on November 27, 2006, subject to resolving the issues specified in the attached City Attorney's memorandum and the Engineering Department comments. Principal Planner Fabre gave a PowerPoint presentation. Randy June, Engineer, addressed the issue of the wall and soil analysis and said they have agreed to pull a separate permit for that wall. Commissioner Anderson asked about parking, fountains in the retention ponds, and recreational facilities. Jay DeCiglia, discussed the additional parking and placement of fountains vs. aeration in wet retention ponds. City Attorney Rosenthal said approximately three years ago the Commission approved that Eagles Landing could be part of Westyn Bay and would not need additional meeting rooms or recreational facilities. Sylvia C. McCook Land Entitlement Manager with MI Homes, said that they typically place fountains in wet retention ponds, and if that is a condition of approval, it can be done at Eagles Landing. Mayor Vandergrift added that trees or something that looks nicer should be considered in the dry ponds as well. City Attorney Rosenthal said a key part of this is that it provides additional access to Westyn Bay Mayor Vanderarift, seconded by Commissioner Hood moved to approve the Final Subdivision Plan as recommended by staff with conditions that the approval is subiect to resolvina the issues in the City Attorney's memo and the enaineerina comments that there would need to be a separate wall permit issued prior to construction of the wall and that the phasina of the proiect would be desianed so that it allows Phase 1 of Westvn Bay Road to move forward without delay: and includina the additional condition of the Commission that a fountain be placed in the wet retention pond. Motion carried 4-0, with Commissioner Johnson absent. 14. Westyn Bay, Phases 4 & 5 - Final Subdivision Plan. (Principal Planner Fabre) Westyn Bay Phase 4 & 5 subdivision is a continuation of the previously approved Westyn Bay (FKA: Avanti/West Groves) residential subdivision. Westyn Bay Phase 4 & 5 is generally located between Ocoee- Apopka Road and Westyn Bay Boulevard. The development includes approximately 31.3 acres of which approximately 8.6 acres are designated as wetland/conservation to be dedicated to the City. This conservation area adjoins and connects to a series of other conservation areas already dedicated to the City. Page 7 of 12 City Commission Regular December 5, 2006 The subject property is currently undeveloped and is partially covered with a variety of trees. Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Final Subdivision Plan for Westyn Bay Phase 4 & 5, as date stamped received by the City on November 7, 2006. Principal Planner Fabre gave a PowerPoint presentation and advised that some of this project relates to Eagles Landing as previously discussed. Commissioner Anderson, said we would like fountains in the retention pond. Jay DeCiglia said it would not be consistent with the rest of the Westyn Bay's wet retention ponds, and it will only be visible to parking lots. He felt it would be better to provide aeration to keep stagnant water moving. Mr. DeCiglia said current ponds are not aerated and do not have fountains, they have a company that sprays for algae growth. Commissioner Anderson asked how they control the mosquito breeding problems. Mr. DeCiglia said mosquitoes breed more in mud flats than standing water. He said if they are going to be forced to do something, they would rather aerate the retention ponds than place fountains in them because fountains do not reduce the algae growth. He said they can place fountain in south side retention pond of Westyn Bay because it is visible, but will aerate the other pond on the north end that faces the parking lot. Mayor Vanderarift, seconded by Commissioner Hood moved to approve the Final Subdivision Plan as recommended by staff with additional condition from the Commission that a fountain will be placed in the wet retention pond on the south end that will be visible from the road, and aeration is placed in the north retention pond. Motion carried 4-0, with Commissioner Johnson absent. 15. Key Isle, Phase 2 - Final Site Plan. (Principal Planner Fabre) Key Isle Apartments Phase 2 Site Plan is the fmal phase of the existing Key Isle Apartments located on the south side of Bridge Creek Boulevard and east of Maguire Road. Key Isle Apartments Phase 2 is located on the south side of the existing Key Isle Apartments and on the north side of Moore Road approximately 800 feet east from the intersection with Maguire Road. The subject property is currently undeveloped and sparsely covered with a mixture of cherry trees, oak trees and other varieties of trees. Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Final Site Plan for Key Isle Apartments Phase 2, as date stamped received by the City on November 27, 2006, subject to resolving the issues specified on the City Attorney's memorandum and the Engineering Department comments. Principal Planner Fabre gave a presentation and overview ofthe project. Bob Ferdine, one of the owners of Key Isle, said the gate entry on Moore Road will match the entry on Maguire so it won't appear to be two distinct phases. Commissioner Keller asked about the sanitary system and Mr. Ferdine explained city couldn't fix things on private property, but PUD documents allow the owner right to repair. The Indemnity agreement says owners are the responsible party for the system and not the commercial or residential people. City Attorney Rosenthal said this is one of the oldest PUD' s in the City and 15 years have passed, and they provided a memo to engineering that they are comfortable with and that the documents work and have the basics in it. It may not be exactly as we want it, but it does function. He further stated to protect the City they have added an additional condition of approval that asks two things: 1) there will be an Indemnification from Key Isle Phase II that Page 8 of 12 City Commission Regular December 5, 2006 will hold the City harmless and 2) following the approval of this project the City will be proactive and send a letter to the multiple owners, Cross Creek Subdivision HOA, Phase 1 and 2 Commercial (Phase 2IUnicore), and Phase 1 and 2 of Key Isle. The letter will show all the documents and outline their responsibilities and proportionate share agreements on maintenance, and suggest maintenance that should have been taking place already, so everyone will be put on notice before they are under construction and connected. Attorneys on both sides are satisfied that the legal documentation is sufficient. City Attorney Rosenthal said the other issue is that this was originally approved as a single apartment project with a contemplation of a single ownership. The property was split ownership-wise between Phase 1 and 2, and there were some documents done in connection with that which the City did not review at that time because there were no approvals required from the City. After reviewing the document last week, he sent out comments yesterday on an amended and restated version of that document. The basics are all there, but he said they are still in the process of modifying it to ensure that it continues to function as originally approved by the Commission, so there will be a seamless interaction with use of recreation and other facilities between Phase 1 and 2. He said, in addition to staff recommendation in the agenda packet, the approval of the FSP should be subject to the execution and recording of an Indemnity Agreement in favor of the City and a Reciprocal Easement Agreement between Phase 1 and 2 of the apartment project in a form acceptable to the City Engineer and the City Attorney. Mayor Vanderarift, seconded by Commissioner Keller, moved to approve the Final Site Plan as recommended by staff, and subiect to the execution and recordina of an Indemnity Aareement in favor of the City and a Reciprocal Easement Aareement between Phase 1 and 2 of the apartment proiect in a form acceptable to the City Enaineer and the City Attorney. Motion carried 4-0, with Commissioner Johnson absent. 16. Founder's Day 2006 Financial Report. (Parks and Recreation Director Hayes) Founder's Day 2006 was held on October 20th and 21 st and was once again a huge success. The total amount of revenue received as of this date for Founder's Day is $143,177.79 and another $5,150.00 is anticipated to be received. Revenues include sponsorships, proceeds from vendors, merchandize sales, donations, beverage proceeds, and event proceeds. There as a total amount of $146,562.34 in expenses, which include costs for entertainment, ftreworks, employee overtime, golf tournament, 5K Run/Walk, and publicity. There is an anticipated surplus of funds totaling $1,801.39 after the anticipated revenues have been received. Staff requested this item is postponed until the December 19,2006 meeting. Page 9 of 12 City Commission Regular December 5, 2006 17. Establishment of Districting Commission. (City Clerk Eikenberry) This item was moved up on the agenda and heard after Item #12. Nominations were made as follows: Commissioner Hood - nominated Matt Garland Commissioner Johnson - nominated Rosemarie Morganto Commissioner Anderson - nominated Jean Grafton Commissioner Keller - nominated Dan Blankenship Mayor Vandergrift - nominated Rob McKey Mayor Vanderarift, seconded by Commissioner Anderson, moved to accept all nominations and appoint Matt Garland, Rosemarie Moraanto, Jean Grafton, Dan Blankenship and Rob McKey to the Districtina Commission. Motion carried 4-0, with Commissioner Johnson absent. 18. Discussion of January 2, 2006, Commission Meeting. (City Clerk Eikenberry) Mayor Vanderarift seconded by Commissioner Keller, moved cancel the reaular Commission Meetina on January 2, 2006, due to the holiday schedule. Motion carried 4-0, with Commissioner Johnson absent. I I. STAFF REPORTS City Manager Frank said he will be at League of Cities meeting for rest of the week. Lakeshore Drive Update - Public Works Director Krug Public Works Director Krug advised we have two phases, Phase 1 is from Oakland to the south, and we will subcontracting concrete work and we will be constructing ourselves; we will have to rent road grading equipment or possibly borrow it from other cities. Regarding Phase 2, between City Hall and Starke Lake, which also includes the regional stormwater retention pond on north side of City Hall, PEC, the design consultant, should have 90 % plans for review in January. We should see full construction plans ready by mid-summer. Lady Avenue Update - Public Works Director Krug Public Works Director Krug advised we had a discrepancy with the contractor regarding some items not being done according to the plans, which is being redone at their expense beginning this Thursday. Next week we should begin the brick work, and hopefully have it completed by the mid January. We are presently looking at trees that will work in the narrow medians and hopefully be resistant to vandalism. Mayor Vandergrift asked about liability issue with large tree in median damaging vehicles? Mr. Krug said they are looking into the liability issue, it is a residential zone and the speed limit is 25 mph, so we should be okay. Page 10 of 12 City Commission Regular December 5, 2006 I J. COMMENTS FROM COMMISSIONERS Commissioner Hood 1) asked about the fence around the Jamela site. City Manager Frank said the estimate for white vinyl fencing was approximately $10,000, but they are still discussing other options because that is too expensive for a temporary situation. Commissioner Hood said we should consider a Passive Park with swings and get funding from recreation. City Manager Frank said he thinks that would be better; what we have looked at so far are options for temporary fencing, but the money would be better spent if we did something more permanent. He said if that is Commission's direction, we will look into a recreational area. Consensus of the Commission was to have staff brina back options for creatina a park area with sod, etc. and brina cost estimates back to the January 16, 2006 meetina. 2) asked about the Parks Master Plan. City Manager Frank said they are working on a plan that is three-tiered for immediate, near future, and distant future improvements and tie into the recently purchased Roger's property and Crown Point Property. The three tiers would allow us to use funds budgeted this year for areas that need to be expedited such as the fencing and parking area at Russell Park. We will have to do an RFP for some phases. Mayor Vandergrift said he is not sure that should be tied to a Master Plan, any Master Plan should have community input. Commissioner Hood said they are doing very well involving the Community through the three major youth organizations and the Recreation Advisory Board. Commissioner Anderson - 1) said this Saturday 6:00 - 8:00 p.m. at Gazebo there will be a tree lighting ceremony with Santa Claus, and Christmas Carols will be sung by the Ocoee Middle School Choir and the Sounds of Sunshine, 2) reminded everyone judging for Christmas Light Decorations will occur on December 11 and 12, 2006, and applications to enter homes must be received at the Recreation Department by December 8, 2006. Commissioner Keller 1) asked Deputy Chief Goclon to look into the passing issue on Clarke Road between AD Mims and Clarcona Ocoee, and he would like to have engineers look at the possibility of raising the speed limit that slows from 45 mph to 35 mph when it hits that area. 2) thanked the West Orange Girls Choir for their performance tonight, 3) thanked the Lion's club for their great work on the Christmas Parade, 4) said the Ocoee High School Dance performance will be December 11 and 12,2006, at Ocoee High School. Frances Watts asked if their will be a bus going around to show Seniors who want to see the Christmas lights that the City will be judging. Commissioner Anderson, seconded by Mayor Vanderarift moved to approve a City bus trip for the Seniors on the Christmas Decorations that are beina iudaed by the Parks and Recreation Board. Motion carried 4-0, with Commissioner Johnson absent. Mayor Vandergrift asked Commissioner Keller for a report on the Orange County School Board Meeting that he attended last night. Commissioner Keller said he attended the Orange County School board Meeting and he had five minutes get his point across regarding the City's desire to keep the section from McCormick Road down to Hackney Prairie at Ocoee High School. He said they discussed three options: 1) to keep their word and not move any Ocoee residents out of Ocoee High School, to which they said they did not remember ever saying that, 2) to keep that section in, but reduce the number of student transfers, or 3) add another wing to Ocoee High School, similar to what they did at Page 11 of 12 City Commission Regular December 5, 2006 Olympia, which would add capacity for 600 more students. The Board reiterated its desire to stick with the same plan which takes a piece of Evans, Edgewater, Ocoee, and Apopka and places it into the new relief school. The upcoming Public Hearing will be the final chance to see if we can change their mind, otherwise, we can continue to look into Charter Schools and other options. Commissioner Anderson said the OSPS Board Member Martin said the original minutes should reflect that it was always planned as an Evan's Relief School, but he could not find anything in the 2004 minutes stating that at all. Commissioner Hood said he agrees that this is just the first step in an attempt to get rid of an "F" school, once students from Evans are moved to the Ninth Grade Center, it will be easy to split the rest of them to Edgewater from the east side of their boundaries, and to Evans from the Ocoee area, and the "F" school is eliminated. Commissioner Keller said Evans was under-crowded but they moved students for no reason; now they can just split the rest of the kids in half between Edgewater the "new" Evans High School. Commissioner Hood said they just purchased land to expand Edgewater, which makes it pretty obvious that they will move boundaries to put more students in Edgewater. He added that he doesn't understand why the Board can't just be honest with them; they always have to guess at what they are really doing. Mayor Vandergrift said we must not give up trying. Commissioner Keller said, in the workshop on January 19, 2007, we will have to discuss options regarding Charter Schools and creating a School District. He said we currently have no influence on them because even if they had the support of Jim Martin from our district, it would still be a 5-1, with the others not having to be concerned about the consequences of ignoring us. Commissioner Hood also said that when discussing Ocoee High School, their policy is that the ideal school should have 2800 students, however, they are adding on to Olympia to house over 3000. Mayor Vandergrift said he spoke to the Board on the wonderment of how they operated. He said the School Board's attorney blamed the Cities for overpopulating the high schools by allowing too much development. He also stated that the Board was making decisions without even knowing the numbers, regarding how many kids would be affected. He said he had to inform them that approximately 250 would be moved from Ocoee neighborhoods; they did not have that figure. Mayor Vandergrift added that it is going to be a tough road ahead, but encouraged the Commission not to give up trying. Mayor Vandergrift 1) announced the next Turkey Shoot this Saturday, 2) reminded everyone of the Workshop on December 19,2006, beginning at 6:00 p.m. regarding School Issues, including Charter Schools and creating a School District. I ADJOURNMENT The meeting was adjourned at 9:05 p.m. Attest: APPROVED: City of Ocoee s:;;;~ ikrY S. Scott Vandergrift, Mayor Page 12 of 12