Loading...
HomeMy WebLinkAbout07-05-89 . . . MINUTES OF CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR MEETING ORIGINALLY SCHEDULED FOR JULY 4 AND HELD JULY 5, 1989 DUE TO HOLIDAY The meeting was called to order by Mayor Ison at 7:31 p.m. in the commission chambers. Commissioner Dabbs led in the prayer and pledge of allegiance to the flag. PRESENT: Johnson, Engineer Director Mayor Ison, Commissioners Combs, Dabbs, Hager City Manager Shapiro, City Attorney Woodson, Shira, City Planning Director Behrens, City Public Brenner, Dave Refling, P.E.C., City Clerk Grafton and City Works ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Ison read a proclamation declaring August 14-18, 1989 to be Water/Wastewater Operators Appreciation Week. Wastewater Supervisor Robert Holland thanked the Mayor and Board of City Commissioners and then introduced the City's water/wastewater state certified operators: (1) Jackie Bell, "c" Water Distribution, (2) John Cockrell, "B" Water Treatment, (3) Dave Gosnell, "B" Water Treatment (not present), (4) Joe Gratson, "C" Wastewater Treatment, (5) Robert Holland, "A" Wastewater Treatment, "C" Collection Systems, (6) Fred Ostrander, "B" Wastewater Treatment, "C" Water Treatment, (7) Lee Pape, "c" Wastewater Treatment, ltC"~ Collection System. Special certificates of appreciation were presented to two operators for their efforts in providing clean water and a safe environment for the citizens of Ocoee: Jerry Bolton, who holds "C" Wastewater Treatment, "C" Water Treatment and "C" Collection System, and Mark Brownold, who holds "C" Water Treatment, "C" Distribution and a Backflow Prevention Certificate. Supervisor Holland announced that both the A.D. Mims Road Wastewater Plant and the Kissimmee Avenue Water Plant will have open house on August 14 so that citizens can tour the facilities. A certificate of appreciation was presented to Police Officer Steve Morris for heroics in preventing serious bodily harm to a human being in a rescue situation while responding to a fire call on Periwinkle Key Drive on April 14, 1989. Officer Morris said that appreciation should also be expressed to the Ocoee Fire Department and West Orange Ambulance Service for services rendered that night. Balloons was June Birthday." and 30, cakes were presented to Mayor Ison and the Ocoee Rent-a-Choir sang a whose birthday belated "Happy . Page 2 City Commission Regular Meeting July 5, 1989 CONSENT AGENDA Commissioner Combs asked that Item D be pulled from the Consent Agenda. Commissioner Dabbs asked that Items E and G be pulled. Commissioner Hager moved to approve the remaining items on the Consent Agenda. Commissioner Johnson seconded and motion carried with unanimous vote in favor. Those items are: Item A.- Regular Commission Meeting Minutes of June 20, 1989, Item B.- Approval of Site Plan Submittal Requirements for Development Review Applications (RCE-1 and RCE-2 Rural Country Estate Districts and I-2, General Industrial District), Item C.- Authorization for Monitoring Wells for Fuel Tanks at City Garage, Item F. - Approval of Orange Tree Cinema Transportation Impact Fee, Item H.- Approval of City Attorney's Recommendation to Delay Action on Foreclosure of Code Enforcement Board Lien/Case No. 87-43, Hodges-Pylant. . Item D.- Authorization for Change Order #3 - Bowness Road/Franklin Street Intersection. After a discussion regarding paving bids and the bond issue, Commissioner Dabbs moved to approve Bowness Road Change Order #3 subject to City Attorney review for bond issue compliance. Commissioner Combs seconded and motion carried with unanimous vote in favor. Item E.- Approval of Contruction Agreement-City of Ocoee & West 50 Water Line, Inc. - 12" Waterline on Route 50. Commissioner Dabbs noted that the exhibits were not included in the packet sent to him and asked that they be provided now. Assistant City Attorney Woodson advised that Exhibit A is a list of property owners that will be participating in the construction of the line along with the legal descriptions of their property. Mayor Ison read the list of property/shareholders into the record: Cambria, Inc./Colburn- William Colburn: Sims Property-Barry S. Goodman: Heavener Property-S.D. Fieldman, Trustee: Hudson Property-Norman A. Rossman: Davis Property-Barry S. Goodman: Good Homes/50 Property- Jeffrey Yeager, Trustee. Exhibit B is from the City's Master Water Plan and Exhibit C shows the actual water lines that will be constructed. Commissioner Dabbs moved to approve the construction agreement as presented. Commissioner Hager seconded and motion carried with unanimous vote in favor. . Item G.-Approval of Correction to G & F Land Company Development Agreement. Commissioner Dabbs asked that this process be clarified. Assistant City Attorney Woodson responded that sometime in the approval process (1988) the legal descriptions of the two parcels G & F Land Company purchased were switched and that one of the parcels contained a correctional section which was discovered when a metes and bounds legal description was done. This fat section was not included in the original agreement and in order for the parcel to be whole the entire annexing/rezoning process will have to be followed for this small portion. This action tonight is the first step. Commissioner Dabbs moved to approve the agreement. Commissioner Johnson . Page 3 City Commission Regular Meeting July 5, 1989 seconded and motion carried with unanimous vote in favor. SECOND READINGS AND PUBLIC HEARINGS Ordinance No. 89-15 - Beverage Ordinance Amendments City Manager Shapiro read the title only of Ordinance No. 89-15. The public hearing was opened. Mayor Ison noted that he had a telephone call from Reverand Tate who expressed his overall objection to the serving of alcohol anywhere in town. There were no other citizen remarks, so the public hearing was closed. Commissioner Hager moved to adopt Ordinance No. 89-15 amending the existing Beverage Ordinance as presented. Commissioner Combs seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioner Combs, Dabbs, Hager, Johnson and Mayor Ison, "Aye;" no nays. . Ordinance No. 89-16 - Occupational License Amendments City Manager Shapiro read the title only of Ordinance No. 89-16. The public hearing was opened and, as there were no comments from the citizens, the hearing was closed. Commissioner Johnson moved to adopt Ordinance No. 89-16 amending the previous Occupational License Ordinance as presented. Commissioner Hager seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Combs, Dabbs, Hager, Johnson and Mayor Ison, "Aye:" no nays. Ordinance No. 89-17 - Vacating a Portion of Cumberland Avenue Tricor Shopping Center City Manager Shapiro read the title only of Ordinance No. 89-17. The public hearing was opened and, as there were no comments from the citizens, the hearing was closed. Commissioner Dabbs moved to adopt Ordinance No. 89-17 vacating that portion of Cumberland Avenue lying between Franklin Street and Silver Star Road. Commissioner Hager seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Combs, Dabbs, Hager, Johnson and Mayor Ison, "Aye:" no nays. . Resolution No. 89-08 - Vacation and annulment of Recorded Plat: All of Lake Street and a Portion of Montgomery Road, Lots 1, 2 and 3, Block 8 Town of Ocoee - Hawthorne Properties, Inc. City Manager Shapiro explained that both Tom and Milton West met with Pulte Homes representatives in his office June 29, while removing his original objections to the vacation, that the following three provisions be read into the record: 1) that all roadways affected by the vacation are public roadways (which means he will continue to be able to get to his property), (2) that there would be no change in location of his entrance or exit (3) that one-half of the vacated right-of-way would go to back to each owner, being Pulte Homes to the right and Mr. West to the left. The public hearing was opened and Mayor Ison noted that had and, asked . . . Page 4 City Commission Regular Meeting July 5, 1989 Karen Chastain, Attorney, with Maguire, Voorhees and Wells, was present to answer any questions (in Scott Wilte's absence). There were no comments or questions from the citizens and the public hearing was closed. Commissioner Combs moved to adopt Resolution No. 89-08. Commissioner Johnson seconded and motion carried with 4-1 vote in favor. Roll call vote was: Commissioners Combs, Hager, Johnson and Mayor Ison, "Aye:" Commissioner Dabbs, "Nay." BURNDEN PARK - PRELIMINARY SUBDIVISION APPROVAL - PUBLIC HEARING City Planning Director Behrens presented P & Z Board's recommendation for (1) an unobstructed emergency access for Lots 4 & 5 until such time as the property owner on the north has developed the property and tied into Street D of the subdivision, and (2) the creation of a wall along Hackney-Prairie Road in front of Lots 66 through 68 and the cul-de-sac or bulb at that location in order to discourage traffic from using the bulb as a turn-around and to protect children. Planning Director Behrens stated that staff agrees with the need for the wall, but not the need for the second entrance. Mr. Mike Tubbs, 2507 Edgewater Drive, Orlando, 32804 stated that they have no problem with the wall, but the second entrance that close to Hackney-Prairie Road would be undesirable. Mr. John Linebarier, P & Z Board, expressed his (and the Board's) concern regarding the emergency exit not being wide enough for emergency vehicles to gain access. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, said that this development was the one he was referring to at a previous meeting regarding access to the lake and Rich Drive. Mr. Tubbs described a shrinking wall similar to the one at Rose Hill development which they could incorporate into their plan. Commissioner Dabbs moved to approve the Preliminary Subdivision Plan subject to adding a wall as described by Mr. Tubbs. Commissioner Johnson seconded and motion carried with unanimous vote in favor. TRICOR SHOPPING CENTER-FINAL ENGINEERING APPROVAL City Manager Shapiro advised that the only issue left to resolve was the material to be used in the wall in Tricor Shopping Center. Mr. Mark Hagle, with Tricor, 2101 State Road 434, Longwood, showed a sample of the material they wish to use for the wall. Commissioners were adamant that they wanted for the old part of town the same consideration they had required for the new part and that included brick walls. Commissioner Dabbs moved to approve the final engineering subject to the use of brick for the wall as shown on the plans on Franklin Street and subject to a wall around the parcel on the SE corner of the lot if the owner (Ruth Aycock) indicates in a letter that it is desired. Commissioner Combs seconded and motion carried with unanimous vote in favor. . . . Page 5 City Commission Regular Meeting July 5, 1989 SEWER SYSTEM AGREEMENT: ARBOR HEALTH CARE, HELLER BROS. GROVES, eeeBB SHepp~Ne eBN~BR, h~B~, DYKGRAAF, INC. City Manager Shapiro explained that Professional Engineering Consultants should be commended for arranging this sewer system agreement with Arbor Health Care and others in order to provide the needed sewer line along Maguire Road. Ocoee Shopping Center is not involved in the agreement as originally expected, but Heller Bros. Groves picked up the slack. Ocoee Shopping Center will pay their share later if they decide to participate. Assistant City Attorney Woodson pointed out a correction on Page 2, Section 5: "...Utility shall pay Heller $3,000..." (inserting Heller). Commissioner Johnson moved to approve the Sewer System Agreement subject to the correction of inserting "Heller" in the space noted. Commissioner Hager seconded and motion carried with unanimous vote in favor. COMMENTS FROM CITIZENS/PUBLIC MOVED TO HERE Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., suggested that instead of requiring brick walls a chain link fence with vines would be a more suitable material for the central Florida area. RECESS FROM 9:08 P.M. TO 9:31 P.M. FLORIDA LEAGUE OF CITIES VOTING DELEGATE SELECTED Upon a motion by Commissioner Johnson and second by Commissioner Dabbs, Mayor Ison was unanimously selected to be the voting delegate to the Florida League of Cities meeting October 12, 1989. RECYCLING PROGRAM City Manager Shapiro recommended that, in approaching the recycling requirements, the City should continue to serve the residential areas and consider going to privatization for the commercial accounts, which would enable us to continue at no increase in rates. Two private haulers had been contacted for comparison rates and representatives were present. Mr. Al Kinard from Waste Management of Orlando and Mr. Tom Daley from Industrial Waste Services, Inc. answered questions posed by Commissioners. Commissioner Hager moved to enter into an Interlocal Agreement with Orange County for the management of solid waste recyclables and to continue to serve the City with our own sanitation service at this point. Commissioner Combs seconded and motion carried with unanimous vote in favor. Mayor Ison advised that the Tri- County League of Cities will have a local government solid waste advisory board dealing with recycling. . . . Page 6 City Commission Regular Meeting July 5, 1989 EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL RESOLUTION NO. 89-09 APPROVING MEMBERSHIP IN ECFRPC Commissioner Johnson moved to adopt Resolution 89-09 approving membership in ECFRPC. Commissioner Combs seconded and motion carried with unanimous vote in favor. City Planning Director Behrens pointed out that the representative to the ECFRPC should be an elected official, but consensus was that Mr. Behrens himself should represent the City of Ocoee on that board. NORMAN BEIER CHOSEN FOR POLICE ADVISORY BOARD Commissioner Johnson presented the name of Mr. Norman Beier, 1275 Sandy Cove, to serve on the Police Advisory Board. Commissioner Dabbs seconded the nomination and by unanimous vote Mr. Beier was appointed to serve. MICKEY SHIVER APPOINTED TO PLANNING AND ZONING BOARD Upon a motion by Commissioner Johnson and second by Commissoner Combs, Mr. Mickey Shiver, 825 E. Harbour Court, was unanimously appointed to complete Mrs. Pat Bello's unexpired term (until September 1990). Mayor Ison stated that Mr. Burton Smith, who has been a loyal member of Planning and Zoning Board, has resigned and he requested that a plaque and appreciation award be prepared for him to present to Mr. Smith for his years of service and faithful attendance. JOINT WORKSHOP MEETING SET WITH P & Z A joint workshop meeting with City Commission, P & Z Board and Planning Staff was set for July 18 at 6:30 p.m. and Mr. Linebarier was asked to poll the P & Z members at their July 11 meeting for two dates to choose from for a second meeting at a later date. STAFF REPORTS Public Works Director Brenner advised that Street Supervisor Elmore and Associate Planner Claman worked hard on the grant from the Community Development Block Grant to do the Security Loop paving and drainage program and we have been granted $40,000. Mayor Ison pointed out that the Beltway plan calls for a retention pond immediately west of the trailer park area with a drainage system from there down to Kelley Ditch and care should be taken to use the money in a way that will coordinate with that plan. COMMENTS FROM COMMISSIONERS Commissioner Johnson pointed out that Code Ross should check arbor maintenance at Towne and Village Market Place (Piggly-Wiggly). Enforcement Officer Square (Wal-Mart) . Page 7 City Commission Regular Meeting July 5, 1989 Commissioner Johnson also reported that Little League All Stars won 3 games and lost 2. Major League was winning at last report, and Senior League has a game scheduled Saturday at 7:00 p.m.. All the commissioners complemented staff for putting up the flags for the July 4th holiday. Commissioner Hager requested that a resolution be drawn up to send to President Bush regarding desecration of the flag, as he feels that burning the flag is not exercising freedom of speech, and many of our nation's best have given their lives for the flag. He said further that a person has a right to dissent - not to desecrate. Commissioner Dabbs stated that he does not disagree with what Commissioner Hager is saying but that he would approach the matter with great hesitancy as it is a very emotional issue that has some semblance of what this country is all about - reconciling majority rule with minority rights - and that is what sets us apart from the rest of the world. . Mayor Ison said that he will help to draft and will support the resolution as he feels that burning the flag is wrong and that he has a concern that supreme court must stay in tune with modern America. Commissioner Combs thanked Public Works Director Brenner for the speed with which the flags were purchased and displayed and suggested that we should also be planning to have fireworks for July 4 next year. Mayor Ison suggested coordinating with Winter Garden for alternate years on fireworks displays as we do with parades. Commissioner Dabbs asked where we stand with the post office issue as Winter Garden has a second zip code based on their service to Ocoee residents. He was advised that the attorney opinion is that we have no legal position. Planning Director Behren stated that he has been working with Bill McCollum's office and asked for 30 days before taking further action. (There had been previous discussion about an informational picket.) Mayor Ison instructed staff to schedule a workshop for: 1) City Manager Shapiro's six-month evaluation 2) Hubbard Tract - for sewer facility and long range plans. . t 11:21 p.m. ~R~ Thomas R. Ison, Mayor