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HomeMy WebLinkAboutIII (A) Acceptance and Approval of Minutes of the Regular Meeting held September 5, 1995 AGENDA 9-19-95 -\ Item III A lI jj ,� o 4'17-2C01C4M" l\I S OF THE CITY OF OCOEE BOISSIONERS REGULAR 1 MEETING HELD SEPTEMBER 5, 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. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Assistant City Attorney Doty, City Engineer/Utilities Director Shira, Administrative Services Director Beamer, Planning Director Wagner, Recreation Director Beech, Personnel Director Psaledakis, Concurrency Analyst Resnik, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS LANDSCAPING THE WITHERS-MAGUIRE HOUSE FOR GOLD AWARD: GIRL SCOUT TROOP 300, CAROL MCGOWIN, LEADER This item was deferred until the September 19 meeting at Mrs. McGowin's request. PROCLAMATION: DECLARING CONSTITUTION WEEK - SEPTEMBER 17-23, 1995 Mayor Vandergrift read this proclamation into the record. NON-AGENDA ITEMS MR. AND MRS. EMs RECEIVE RSVP AWARD Commissioner Foster presented a framed Certificate of Appreciation from the RSVP Program to Owen and Hilda Ems declaring them to be Outstanding Volunteers of the Year. DIAMOND WATER SKI SHOW TEAM At Mayor Vandergrift's invitation, Mr. Darrell Spell, president of Diamond Water Ski Show Team, addressed Commission regarding the water ski team making its home base in Ocoee and using Starke Lake for their weekly practices. He then showed a videotape and Ms. Marjorie Gibson distributed brochures. When Commission comments were invited, Commissioner Gleason noted that Mr. Spell should have approached the homeowners' associations first. City Manager Shapiro added that staff discussions should be included also, that there are homeowners residing around the lake who are not members of homeowner's associations whose wishes should be considered as well, and Commission should be aware of the liability/cost. Commissioner Johnson said he had no problem with the concept. Commissioner Foster said that, as it was not an agenda item, he was not prepared to discuss it and possibly the issue should be brought back at a later date. Mayor Vandergrift said he wanted to start a dialogue on the possibility as he felt it would be an advantage for these people to be available to train the local users of the lake. Commissioner Glass said he agreed with Commissioner Foster but it looked exciting. No action was taken. BLUFORD M. SIMS CAMP 1630-CERTIFICATE OF APPRECIATION � U a p Ocoee City Commission Regular Meeting September 5, 1995 Commander James M. Smith, Bluford M. Sims Camp 1630, Sons of Confederate Veterans, presented a certificate of appreciation to the City for permitting them to take part in the various important occasions each year (particularly Founders Day) in order to educate the citizens. CONSENT AGENDA The consent agenda consisted of items A, B, and C. City Manager Shapiro pulled item B to place on the September 19 agenda. Commissioner Gleason, referring to the minutes of the August 22 Budget Workshop, said that he recalled that the merit raises were to be omitted but the minutes show otherwise. City Manager Shapiro responded that, when polled, the majority wanted to omit the merit raises but in the final statement listing those items upon which consensus had been reached, Mayor Vandergrift stated that merit raises had been left in for the committee to review. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve items A and C of the consent agenda. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Regular Meeting held August 15, 1995, Budget Workshop held August 22, 1995. C. Acceptance and Authorization for Mayor and City Clerk to execute Contract with H & H Liquid Sludge Disposal, Inc. for Wastewater Residuals Disposal. Deferred to September 19, 1995 meeting. B. Acceptance and Authorization for Mayor and City Clerk to execute Easement Agreement between Florida Auto Auction and the City of Ocoee providing access to Wofford Road/Apostolic Worship Center. COMMENTS FROM CITIZENS/PUBLIC Mr. Scott Tupy, 613 Rich Drive, expressed concern about the McDonalds going in at Albertson's. Mr. Karl Meyer, 2205 Essex Drive, expressed concern about the condition of Essex Drive and the high water table. RECESS 8:30 P.M. - 8:45 P.M. Mr. Andy Arsenio, 439 W. Silver Star Road, owner of Barbara's Beauty Den, spoke to Commission about the high occupational license rates, saying that small businesses are struggling. Mr. Arsenio asked that the issue be readdressed. Commissioner Johnson said that, as he was on the prevailing side in the adoption of the ordinance, he could bring the issue back before Commission, and he wished to have an equity study that would produce appropriate 2 Ocoee City Commission Regular Meeting September 5, 1995 rates for this area. During a very lengthy discussion Administrative Services Director Beamer distributed a handout showing the effects of the recently adopted occupational license rates (number of license fees increased/decreased, and the causes). Mr. Jim Sills, chairman of the Equity Study Commission, said that he had hoped when the ad was published, some business people would give some input, but only one person showed up for the public hearing. After further discussion Mayor Vandergrift requested an opinion from the City Attorney. City Attorney Rosenthal opined that the statute does not address the subject of decreasing occupational licenses, it addresses the subject and limitations of increases in those licenses, and as the requirements of that statute have been completed by this Commission, the City now has a baseline occupational tax, which, by statute and ordinance, the City is prohibited from increasing for two years, at which time statutory provisions must be adhered to. Mr. Rosenthal said that, since the statute does not provide any guidelines for decreasing the tax, Commission would move to Home Rule Powers and he listed several options: 1) Wait two years for the normal review and make adjustments. 2) Revisit with new ordinance, amend categories and provide for refunds (not possible before October 1 due to advertising requirements). The problem with this would be that the budget would then have to be amended. 3) Could wait and amend for 1996. He said that in the meantime, the adopted ordinance would have to be complied with. After further discussion City Manager Shapiro proposed that the business community probably would be able to hold on one year at the new rate and, as changing the tax now would cause a problem with the budget, a survey with a questionnaire for next year's licenses should be sent out. Commissioner Johnson, seconded by Commissioner Gleason, moved to have staff prepare for a workshop to formulate the survey of businesses to determine how the licenses are not equitable. Motion carried 5-0. PUBLIC HEARINGS SECOND READING: ORDINANCE No. 95-21, AMENDING GENERAL EMPLOYEE PENSION FUND ORDINANCE No. 91-08. This Ordinance was presented by title only for the second reading and public hearing. City Manager Shapiro stated that he had reviewed the Ordinance and recommended those changes that were not monetary, but did not recommend the increase in Section 3. The public hearing was opened. Ms. Tanya Miller, chairman of the General Employees Retirement Trust Fund, said that the Board understands the City's financial position, but that the Board has a fiduciary responsibility to present the request to Commission, and will continue to do so. 3 Ocoee City Commission Regular Meeting � September 5, 1995 The public hearing was closed. Commissioner Foster, seconded by Commissioner Glass, moved that proposed Ordinance No. 95-21 be amended to delete Section Three, the title be revised to delete that subject, and the sections be renumbered to reflect the deletion. Motion carried 5-0. Commissioner Foster, seconded by Commissioner Glass, moved to enact Ordinance No. 95-21 as amended. Motion carried 5-0. RESOLUTION No. 95-13, ESTABLISHING COMMERCIAL SOLID WASTE RATES FOR WESTERN WASTE INDUSTRIES. This Resolution was presented by title only. City Attorney Rosenthal pointed out a typo in Exhibit A: the 1 time charge for 2 cubic yards should be $38.05 instead of $33.05, and then noted that the effective date is October 16, 1995 when the new franchise goes into effect. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason, seconded by Commissioner Johnson, moved to adopt Resolution No. 95-13 as corrected and to authorize the Mayor and City Clerk to execute. Motion carried 5-0. RECESS 9:40 P.M. TO 9:49 P.M. OTHER BUSINESS MAGUIRE ROAD CORPORATION: APPEAL OF VESTED RIGHTS DETERMINATION. Mayor Vandergrift announced that the subject of the appeal was Vesting Certificate No. CV- 95-01, dated June 19, 1995. City Attorney Rosenthal reviewed the list of material provided in the packet, as well as the procedure to be followed, and announced that Assistant City Attorney Mary Doty would represent the City along with Planning Director Wagner while Scott Clark would represent the Appellant. Dr. Bob Ferdinand and Dr. Jim Ferdinand were both present. During the course of the hearing the following were sworn and gave testimony: Dr. Bob Ferdinand, Park Avenue, Windermere Planning Director Russ Wagner, 150 N. Lakeshore Drive, Ocoee City Manager Ellis Shapiro, 150 N. Lakeshore Drive, Ocoee In his presentation Attorney Clark reviewed the items included in the letter initiating the appeal which listed the portions of the Certificate of Vesting specifically contested: 1. Conclusion of Law No. 11. To the extent that Conclusions of Law no. 11 seeks to give the City the right to object to development of the Project based on concurrency issues related 4 Ocoee City Commission Regular Meeting �3 ~ 1-\ J � September 5, 1995 to solid waste, the Applicant believes that the property is exempt from such a concurrency determination and the City is not entitled to deny vested rights based on such a factor. 2. Conclusion of Law No. 14(A). (a) As to No. 14(A)(i), the Applicant believes that it should be vested for 480 multi- family residential dwelling units regardless of any limitation on average daily trips generated by the units. (b) As to sanitary sewer, potable water, solid waste, stormwater drainage, and recreation and open space the Project should be vested from any concurrency compliance on these issues. 3. Conclusion of Law No. 14(B). As to all of the infrastructure issues shown in 14(B), the Applicant believes that it should be vested for concurrency purposes and consistency purposes to the full extent of the commercial square footage calculations contained in the Revised Land Use Plan and the original Land Use Plan without regard to any public facilities issues. Specifically, the Applicant finds that both the initial Land Use Plan and Revised Land Use Plan give rise to vested rights for commercial development of 217,800 square feet. Phase I of the commercial property was vested for 110,111 square feet pursuant to Certificate of Vesting CV 92-01, and thus there remain 117,589 square feet of commercial vested rights which would be applicable to Phases II and III. The Applicant further believes that the vested rights would be applicable to any type of commercial development which is permitted in the commercial zoning category without regard to any limitation on average daily trips. 4. Common Law Vesting. The applicant objects to the City's failure to make findings as to vested rights pursuant to Section 1-5.1(C)(1)(b) of the Ocoee Land Development Code and asserts that the project is fully vested pursuant to that. 5. Divestiture Provisions. The Applicant contests the assertion that the Project can be divested based upon a "failure to continue development in good faith as required below," set forth in Section VIII of the Certificate. The Applicant also specifically disclaims any limitation on its rights to amend the 1992 Commercial Preliminary Subdivision Plan, so long as any amendments do not seek to obtain commercial development permits more intense that(sic) those which would have been permitted under the Revised Land Use Plan. 6. Untimely Response. Finally, the Applicant contests the right of the City to place any limitations on the vested rights request submitted by the Applicant to the extent that those limitations were not set forth by the Director within the time period contained in Section 1- 5.1(F)(2)(b) of the Land Development Code. 5 Fin Ocoee City Commission Regular Meeting j September 5, 1995 During the course of the hearing a recess was taken from 11:15 p.m. to 11:30 p.m. After hearing the presentation by Attorney Clark and the testimony submitted, and after lengthy discussion, Commissioner Glass, seconded by Commissioner Gleason,moved to affirm Vesting Certificate No. CV-95-01, amending Section 8 thereof by inserting the word "substantially" in front of the word "continue" so that it reads, "The property is subject to divestiture pursuant to the provision Section 1-5.1 of the City of Ocoee Land Development Regulations upon the subject development's failure to substantially continue development in good faith as required..." Motion lost 3-2 with Mayor Vandergrift, Commissioner Foster and Commissioner Johnson voting "no" and Commissioner Glass and Commissioner Gleason voting "yes." After further discussion it was determined that the Applicant should prepare something proposing current numbers for trip limitations using 107,589 square feet and 1995 figures so the appeal can be granted, returning with the recommended order for the next Commission meeting. Commissioner Johnson, seconded by Commissioner Foster, moved to grant the appeal and direct the Applicant to bring back a recommended order to the next City Commission meeting with findings of fact and conclusions of law, which recommended order will modify the commercial square footage and the average daily trip calculations set forth in the Certificate of Vesting consistent with the evidence presented by the Applicant. Motion carried 3-2, with Mayor Vandergrift, Commissioner Foster and Commissioner Johnson voting "yes," and Commissioner Glass and Commissioner Gleason voting "no." Commissioner Glass, seconded by Mayor Vandergrift, moved to continue the balance of the City Commission agenda at the Special Meeting of the City Commission scheduled for September 6, 1995 at 7:00 p.m. with the agenda to be taken up followin' the conclusion of the Budget and Millage hearings. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS There were no Commission comments at this time. ADJOURNMENT The meeting adjourned at 1:05 a.m. APPROVED Attest: City of Ocoee, Florida Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 6