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HomeMy WebLinkAboutIII (A) Acceptance and Approval of Minutes of the Regular Meeting held March 7, 1995 DRAFT AGENDA 3-21-95 Item III A ,j Subject to Board Approval MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD March 7, 1995 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers. Mrs. Betty Goble delivered the invocation and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. Mayor Vandergrift announced to the televiewing audience that the telephone in his office would be attended by a volunteer to accept messages for the Commission during the meeting and he invited citizens to take advantage of this if they had questions that could be answered during this meeting. 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, Building Official Flippen, Public Works Director Brenner, Planning Director Wagner, Planner Dow, Recreation Director Beech, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentations Request from IWS for a Rate Increase-Alfred T. Crump, Municipal Market Development, Browning-Ferris Industries/IWS. Mr. Alfred Crump, 254 W. Keene Road, Apopka, 32703, addressed Commission to request permission to increase the rates charged by IWS to the commercial accounts in Ocoee. He advised that Orange County had raised their tipping fees and the impact on their company, if they are not permitted to increase their rates as well, would be substantial. Following a lengthy discussion, Commissioner Johnson, seconded by Commissioner Glass, moved to deny the request made by BFI/IWS to increase rates at this time. Motion carried 4-1 with Commissioner Foster voting no. Plaque in Appreciation to Jim Swickerath. Mayor Vandergrift presented a plaque to Jim Swickerath in appreciation for the many years he served on the Planning and Zoning Commission. Mr. Swickerath said that he would really like for Commission to schedule a joint meeting with Planning and Zoning for discussion instead of giving him a plaque. P& Z Chairman Switzer expressed appreciation for Mr. Swickerath's contributions to the commission and said he would be sorely missed. Mayor Vandergrift read a proclamation proclaiming March to be Women's History Month. CONSENT AGENDA The consent agenda consisted of items A and B. City Manager Shapiro advised that the staff report and recommendation for item B included approval of both the final plat and the Developers and Homeowners Association Agreement for Upgraded Street Lights, but that only DRAFT Subject to Board Ocoee City Commission Regular Meeting Approval March 7, 1995 the final plat should be considered at this time because the Agreement had not been properly noticed. Mayor Vandergrift, seconded by Commissioner Gleason, moved to an trove the consent agenda, item A and item B for final plat only. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Regular Meeting held February 21, 1995. B. Acceptance and Approval of Reflections Unit I - Final Plat. COMMENTS FROM CITIZENS/PUBLIC Mrs. Bruni Massa, 611 E. Lakeshore Drive, thanked Public Works Director Brenner and his staff for the work they have done and asked that more money be allocated to keep the street sweeping equipment working. Mr. Shapiro advised that repairing the sweeper is estimated to cost $7,000 and it will be discussed during the consideration of mid-year budget. Mayor Vandergrift asked that citizens sweep up their leaves to keep them from going into the gutters and lakes. RECESS 8:30 P.M. TO 8:40 P.M. PUBLIC HEARINGS Ordinance No. 95-04, Hysell Annexation. This ordinance was presented by title only for the second reading and public hearing. Planner Dow gave the staff report, described the property as a 2.3 acre parcel owned by Mr. Homer Hysell situated at 306 North Ocoee-Apopka Road, and distributed an aerial map showing the subject property. The public hearing was opened. As no one wished to speak the public hearing was closed. Mayor Vandergrift, seconded by Commissioner Foster, moved to adopt Ordinance No. 95-04 as presented. Motion carried 5-0. Ordinance No. 95-05, Hysell Zoning. This ordinance was presented by title only for the second reading and public hearing. Planner Dow gave the staff report, advising that the parcel, located at 306 North Ocoee-Apopka Road, was zoned A-1, Citrus Rural District (Orange County) and petitioner requests a change to C-2, Community Commercial District (Ocoee). The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Foster, seconded by Commissioner Johnson, moved to adopt Ordinance No. 95-05 as presented. Motion carried 5-0. 2 DRAFT Subject to Board Approval Ocoee City Commission Regular Meeting March 7, 1995 Mayor Vandergrift asked whether the road right-of-way for Ocoee-Apopka Road to be four- laned had been acquired and Planner Dow responded that it would be presented at the time of development approval. Mayor Vandergrift said he wanted the acquiring of road right-of-way to be made policy at the time of annexation rather than later and asked for a motion to accomplish this. City Manager Shapiro asked that staff be given an opportunity to research and prepare a report before Commission action was taken. This item will be placed on the next agenda. Ordinance No. 95-06, amending Chapter 7, Enforcement of Code. This ordinance was presented by title only for the second reading and public hearing. City Attorney Rosenthal explained that this amendment will bring our Code into alignment with the revisions to the Florida Statutes which were enacted in the 1994 session of the Florida Legislature. Those changes (1) provide clarification that the appointment of members of the Code Enforcement Board are made in the sole discretion of the City Commission, (2) expand some of the discretion of the Code Inspector, (3) provide that the cost of prosecuting Code cases can be recovered when the City prevails, (4) provide that the City can make repairs to property in violation in order to bring it into compliance and recover the cost, (5) provide that the lien runs in favor of the City Commission, and (6) changes the method of notification of property owners. The public hearing was opened. Mrs. Frances Watts, 43 Shell Key Court, Pioneer Key Park I, expressed concern that nothing seems to happen when violators are reported and she asked how many citations are given to one location, how long violators are given to comply, and if any collections have been made on any of the citations. Building Official Flippen responded that violators are cited, they do go before the Code Board and we have collected some of the fines. City Manager Shapiro said that he will be in conference with Mr. Flippen and the City Attorney on Thursday to discuss the problem of repeat offenders and he hoped to effect a change in the opinion of the Board Attorney so that action could be taken more quickly. Mr. Raymond Cooper, 46 Coral Key Drive, Pioneer Key Park II, thanked Code Enforcement inspectors for doing a good job in his park. He said that with their perseverance they are making a difference. The public hearing was closed. Following a brief discussion about foreclosing on liens, Mayor Vandergrift, seconded by Commissioner Glass, moved to adopt Ordinance No. 95-06 as presented. Motion carried 5-0. Ordinance No. 95-07, use of garbage carts for residential solid waste collection. 3 bkAte Subject to Board Ocoee City Commission Regular Meeting Approval March 7, 1995 This ordinance was presented by title only for the second reading and public hearing. City Manager Shapiro advised that this ordinance sets the parameters for the use of the garbage carts and that information will be sent to citizens at the time the carts are delivered. The public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked how long it will take the City to get back into the black after the expenditure of$168,000 for the carts. Mr. Shapiro responded that studies had shown that it was cheaper to add carts than to add people and this system will grow with the City. Mrs. Frances Watts, 43 Shell Key Court, asked if the collectors were going to look into the carts before picking them up and noted that the recycling boxes frequently are used for grass clippings, etc. Mr. Bill Winnsemann, 2702 Coventry Lane, asked about the charge for extra boxes at Christmas. There will be no extra charge. Mrs. Ann Whiddle, 716 E. Lakeshore Drive, asked about the schedule for service. There will be no change. The public hearing was closed. Commissioner Gleason noted that the staff report and the orange flyer state a different time for placing the carts curbside. Commissioner Foster pointed out that the staff report states that the cart should be placed curbside no earlier than 5:00 p.m. the day before pick-up and the orange flier states that the carts should be placed curbside no later than 7:00 a.m. so there is really no contradiction. Commissioner Gleason asked if there were directions regarding the placing of recycling boxes curbside on the same day as the carts. Public Works Director Brenner said that they should be put out according to the schedule already in effect as that will not be changed, but they should be put a reasonable distance apart so that the truck will have access to the cart. Commissioner Glass asked if the orange flyer could be made into a decal and applied to the cart as most citizens may discard the flyer and not be aware of the guidelines. Mr. Shapiro said he will look into the cost and advise. Mayor Vandergrift suggested adding "no recyclables" to number 4 and adding a separate heading for the yard clippings item. Mr. Shapiro said the flyer should also note that the routes remain the same. Mr. Brenner said also that old garbage cans will be picked up at no extra charge. Commissioner Gleason, seconded by Commissioner Johnson, moved to adopt Ordinance No. 95-07 with the recommended changes to the flyer. Motion carried 5-0. 4 DRAFT Subject to Board Ocoee City Commission Regular Meeting Approval March 7, 1995 OTHER BUSINESS First Reading of Ordinances. Second Reading and Public Hearing are scheduled for March 21, 1995 at 7:30 p.m. Ordinance No. 95-08, Design-Build Youth Multi-Purpose Recreation Center. This ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and place for the second reading and public hearing. There was discussion regarding the multiple uses of the building, its location, and making sure that the building would be designed to accommodate meeting space for homeowners associations. Ordinance No. 95-09, limiting construction hours. This ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and place for the second reading and public hearing. Hydrogeologic Evaluation Contract by PSI/Jammal. City Engineer Shira presented the staff report and recommended authorization of the proposed addendum to the Agreement for Consulting Engineering Services with PSI/Jammal and Associates Division for geotechnical work at the wastewater treatment plant and the golf course. The purpose of the work is to provide information that will allow the City and the Florida Department of Environmental Protection to determine the effluent disposal capacity of these two tracts of land. City Attorney Rosenthal noted that on page 4 of the proposal a change should be made: "To authorize this work which will be performed in accordance with , Addendum No. 95-01 to Agreement for Consulting Engineering Services, please sign this proposal...". Commissioner Gleason, seconded by Conunissioner Glass, moved to authorize the Mayor and City Clerk to execute Addendum No. 95-01 in the not-to-exceed amount of $18,265.00 with PSI/Jammal in accordance with their proposal number 757-4-401 dated October 7, 1994, as revised on January 26, 1995, and consistent with the A.reement for Consulting Engineering Services with the correction noted above by the City Attorney. Motion carried 5-0. Resolution No. 95-01, requesting support of the LAKEWATCH program. Public Works Director Brenner presented the staff report and advised that there will be valuation of some of the lakes coming in 3 to 6 months. Mayor Vandergrift said he would like to set up a commission to follow up on this resolution. Ma or Vanderift seconded b Conunissioner Johnson moved to ado it Resolution No. 95- 01 as presented. Motion carried 5-0. 5 DRAFT Subject to Bom'd Ocoee City Commission Regular Meeting Ap ro va l March 7, 1995 Equity Study Commission - Review of Occupational License Classification and Tax Structure. Mayor Vandergrift appointed Ruth Minor to serve on this Commission, but when it was determined that Mrs. Minor's business was not located in Ocoee, he withdrew his appointment and asked for input from Commission. Upon suggestions by Commissioner Johnson and Commissioner Foster, Mayor Vandergrift appointed Mrs. Pat Bond, Palm Tree Properties, Inc., to serve. Commissioner Johnson appointed Mr. Rudolph Swarckof, Pro Auto & Truck Parts. Commissioner Foster appointed Mr. Jim Sills, DJ Auto Sales of Ocoee, Inc. Commissioner Glass appointed Mrs. Kathy Boyer, A&B Pest Management, Inc. Commissioner Gleason had appointed Mr. Jim Grant, Homart, or his designee, at the last meeting. Commissioner Glass seconded b Commissioner Gleason moved to acce et the a'.ointees to serve on the Equity Study Commission. Motion carried 5-0. Appointments to Boards. Recreation Board - Carolyn Alexander's term expires April 1995. Commissioner Johnson, seconded by Commissioner Glass, moved to reap s oint Mrs. Alexander to serve another two year term on the Recreation Board. Motion carried 5-0 Police Department Citizens' Advisory Council - Terms of Hilda Ems, Lisa Morton and Richard Pride expire April 1995. Commissioner Johnson seconded by Commissioner Foster, moved to reap'oint Hilda Ems, Lisa Morton, and Richard Pride to serve another three year term on the Citizen's Advisory Council. Motion carried 5-0. General Employees' Retirement Trust Fund Board -Mickey Shiver resigned -term expires October 1995. Tabled from February 21, 1995. As there were no applicants for this Board, this item was not removed from the table and will be on the March 21, 1995 agenda. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS 6 DRAFT Subject to Board Ocoee City Commission Regular Meeting Approval March 7, 1995 Commissioner Gleason: 1) Proposed rotating commission membership on volunteer/advisory boards where a commissioner is a representative, including the West Orange Chamber of Commerce. 2) Asked about applying for Florida Small Cities Community Development Block Grant to revitalize the trailer parks. Mr. Shapiro explained that while we are members of Urban County process we are not qualified for a block grant. However, he is looking into other grants. 3) Suggested that items in the agenda packets that will appear on a second agenda be red- flagged so Commissioners will be alerted to bring that material to the next meeting instead of copying the same material over again. 4) Asked that homeowners in Lake Olympia, Lake Olympia Club, and Silver Glen pay attention to the agenda for the next meeting and call him with their input regarding a McDonald's at the Winn Dixie Plaza. Commissioner Glass: No comment at this time. Commissioner Foster: Said that due to governmental leadership District 2 has no problems and everyone who lives there is happy. Commissioner Johnson: 1) Reported the owners of a dog on Darla Street refuse to tie the dog up or control it and the County will not come out. Mr. Shapiro asked for the name and address of the owners and he will contact the director of Animal Control. 2) Said he had suggested rotating membership on committees several months ago. Mayor, and Commissioners will provide a list of board meetings they attend as representatives so that a master list can be compiled. 3) Asked that the lights at the basketball court be controlled and turned off earlier (8:00 or 9:00 p.m.), particularly on Sunday, as he has had complaints from neighbors in that area. Mr. Shapiro said that 8:00 during the summer is still daylight. Mr. Rosenthal quoted the ordinance allowing use of the parks from 8:00 a.m. until 11:00 p.m. Commissioner Johnson still wanted some relief for the neighbors and Mr. Shapiro said he will look into it. Mayor Vandergrift: 1) Invited citizens to see the art exhibit at City Hall. 2) Reported that he will be in Tallahassee for April 5 - Legislative Action Day and he will be talking about enclaves. He asked if anyone else planned to go and offered to deliver any information Commission wished to send. 3) Advised that the Rebel Games are in session at the Girl's Club. 7 DRAFT Subject to Board Ocoee City Commission Regular Meeting App ro March 7, 1995 4) Little League is open now and he thanked Commissioner Gleason for standing in for him at the opening ceremonies. 5) Asked where we stand with the termite inspection as he has received complaints. Building Official Flippen advised that he has been talking to the state representative who stated he has 5 counties to cover, so has a hard time making the rounds. 6) Advised that a child reported that autos were speeding and running stop signs in Sawmill. ADJOURNMENT The meeting adjourned at 10.43 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 8