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HomeMy WebLinkAbout12-05-89 "- MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD DECEMBER 5, 1989 The regularly Commissioners the commission of allegiance. scheduled meeting of the Ocoee Board of City was called to order at 7:31 p.m. by Mayor Dabbs in chambers. Mayor Dabbs led in the prayer and pledge PRESENT: Mayor Dabbs, Mayor Pro tem Johnson, Commissioners Combs, Foster and Woodson, City Manager Shapiro, Assistant City Attorney Woodson, City Engineer Shira, City Planning Director Behrens, Senior Planner Harper, and City Clerk Grafton ABSENT None PRESENTATIONS AND PROCLAMATIONS Mrs. Shirley Blackman presented the Ocoee Chorus who sang the "Ocoee Song" (which Gettings) and "Do You Hear What I Hear?" audience. Middle School 8th Grade was written by Glen to a very appreciative '-" CONSENT AGENDA The proposed consent agenda consisted of items A, B, and C. City Manager Shapiro noted that item B should read "...Maguire Road Drainage Agreement" rather than "...Maguire Road Drainage Study." A. Acceptance and Approval of (1) Commission Regular Meeting Minutes of November 21, 1989, and (2) Canvassing Board Minutes of November 22, 1989 B. Approval and Authorization to Execute Joinder and Consent for Maguire Road Drainage Agreement C. Approval of Assignment of Developer's Agreement from Park Square, Ltd. to M/I Schottenstein Homes, Inc. Commissioner Combs moved, seconded by Commissioner Foster, to approve the consent agenda as presented. Motion carried with unanimous vote in favor. COMMENTS FROM CITIZENS/PUBLIC Mr. Melvin Shaner, 615 Orange Avenue, speaking for the Mature Citizens, invited Mayor Dabbs, the Board of City Commissioners and City Manager Shapiro to a Christmas function at Quincy's on West Colonial Avenue December 14, at 1:00 p.m.. Rev. Charles Allen, 555 Ferguson Drive, Orlando, said that he will present a plan in early March 1990 for bus service and he asked if there would be support in the City of Ocoee for such a plan. Mayor Dabbs advised Rev. Allen that the City of Ocoee has gone on record as being in support of bus service, but nothing is in the budget at this time. Mayor Dabbs referred Rev. Allen to City Manager Shapiro for any further contact. ....." '-' Page 2 City Commission Regular Meeting December 5, 1989 NEW BUSINESS ........ FIRST READINGS OF ORDINANCES-Second reading and public hearing is scheduled for December 19, 1989, Ordinance No. 89-55, An amendment to the Zoning establishing side setback requirements for corner lots family subdivisions. The ordinance was read by title first reading. Ordinance No. providing for subdivisions. reading. Ordinance No. 89-57, An amendment to Chapter 22 of the City Code relating to the establishment of a maximum sewer rate in the schedule of monthly rates for sewer service. The ordinance was read by title only for first reading. City Manager Shapiro explained that the ordinance provides for a 12,000 gallon per month cap on sewer charges for residential 5/8" meters which will equal $31.45 per month. Commissioner Johnson asked if a refund will be made for those accounts which were charged more than that amount in the October billing. City Manager Shapiro said that an adjustment can be made to the accounts, but because of the billing cycle it may take about 90 days to show up in the accounts. City Manager Shapiro also stated that the sewer meter purchases could be refunded 100%. Ordinance in single only for 89-56, An amendment to the Zoning Ordinance landscape screening buffer requirements for small The ordinance was read by title only for first OTHER BUSINESS RACHLIN & COHEN PRESENTATION RE: WATER AND SEWER RATES Mr. Stanley Cohen, Rachlin & Cohen, explained that his firm had been retained by the City to study the water/sewer rates and recommend any changes necessary in order to insure that the systems can continue to be functional. Mr. Cohen advised that the government requires that the rates must be reasonable, fair to all, and adequate to sustain the system, and that our rates had been too low previously to do that. Mr. Cohen asked Mr. Dave Refling, P.E.C., to explain what had to be done to the system to bring it up to par, which he did. The following citizens had questions to present to Mr. Cohen: Mr. Vern Nielson, 603 E. Lakeshore Drive, wondered why this was not done before citizens received such big bills; Mr. Jim Wortham, 104 Miller Court, suggested using 10,000 gallons for the cap and wanted the second meter deposit waived for users who have established credit with the City, as well as billing for consumption only on the second meter. Mr. Cohen explained that the second meter takes down water as though it were another house. Fermin Gutierrez, 1910 Lady Avenue asked when the rebate will take place, and for an ~ ~ Page 3 City Commission Regular Meeting December 5, 1989 explanation about the use of a second meter; Mrs. Norma Cole, 4 Sunset Key, advised that she had paid a sewer deposit when they moved in and now Southern States is charging a deposit again. Mr. Cohen explained that Mrs. Cole's sewer service was not supplied by the City and that she should call P.S.C. and advise them that her deposit had not been refunded and they will take care of it. Mrs. Bruni Massa, 611 E. Lakeshore Drive, wants development to slow down; Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked about paying for use when you are out of town and said that old citizens are paying for new growth. Mr. Cohen explained that each house is a potential demand on the service which the City must be prepared to supply. Ken Christenson, 714 Stinnett Drive, asked if research on the rates of other cities was done before setting the top rate. Mr. Cohen said that they had and then he read aloud the rates of other cities and private suppliers and explained that because municipalities are exempt from some charges (taxes, etc.) their rates can be lower than private companies. RECESS 9:20 P.M. TO 9:26 P.M. -.. When reconvening after the recess, Mayor Dabbs announced that someone had called it to his attention that he had neglected to declare a quorum present when opening the meeting. To remedy this Mayor Dabbs declared a quorum present and then introduced Commissioner Foster and Commissioner Woodson. '-" Mr. Bruce Beatty, 311 Hormigas Street, said that the rate increase was poorly planned and executed and it should be based on real cost. Mr. Keith Butts, 302 Sabinal Street, asked how much additional revenue the proposed new rate structure will generate and how much was needed in the next year. Mr. Cohen responded $382,000 additional for 1990 for water and $0.00 additional for sewer will be generated and the projected operating expense for the year 1990 will be $947,000 for O&M water plus $2,690.00 interest expense, totaling $950,000.00. For the sewer system the total revenue needed will be $681,000.00. Mr. Butts asked about the costs of the Over 65 Program, Rachlin & Cohen, and P.E.C.. City Manager Shapiro explained that the $130,000 for the Over 65 Program is not funded by the water/sewer revenues but rather through general government, that Rachlin & Cohen receive $15,000 for the study and the cost is part of a necessary study in order to get a loan or bond, that P.E.C. bills monthly and has not been too involved in this program. Mrs. E.G. Ward, 1104 Bellini Lane, asked why the cap was not put on earlier. City Manager Shapiro responded that administration had not taken into consideration the number of residents who used irrigation water and when the first water/sewer bills were produced using the new rate it became '-' ........ ~ Page 4 City Commission Regular Meeting December 5, 1989 evident that something should be done. Mrs. Veronica Roise, 917 Marlene Drive, suggested that, rather than a 39% increase all at once, to begin with a 10% increase and continue with a 10% increase each 6 months until the total increase is accomplished. Mr. Cohen explained that the figures (base rate plus gallonage) are needed now as expenses must be paid along with debts and salaries. Mr. Smith Branch, 428 E. Lakeshore Drive, questioned the base rate as he had thought that it was rental on the meter that he would be paying. City Engineer Shira explained that each size meter is a different base rate. Mr. R.P. Mohnacky suggested recycling effluent. City Manager Shapiro said that is being considered but that the process is different from the system we are using now. Mr. Randy Cheever, 505 Catwood Drive, asked why citizens would be required to pay the base rate on their irrigation meter during a drought when no one is allowed to water. The response to this was the same as before regarding a potential demand on the water system. RECESS 10:00 P.M. TO 10:14 P.M. ORDINANCES-SECOND READINGS AND PUBLIC HEARINGS Ordinance 89-46, An ordinance establishing the Ocoee Boating Code The ordinance was read by title only and the public hearing was opened. Mr. pitt Varnes, 1405 Spring Lake Terrace, complimented staff on the proposed ordinance and felt that it was a response to a petition he had submitted several months ago. Mr. Varnes asked that Spring Lake have the same restrictions as Lakes Peach and Moxie. Mr. Jim Hammons, 1441 Spring Lake Terrace, said that the size of the lake depends on the amount of rain and he supported Mr. Varnes' request. Mr. Hammons also pointed out that motor boat owners should be encouraged to clean their props to prevent the spread of hydrilla from the Lake Butler chain. Mr. Craig Martin, 411 E. Lakeshore Drive, objected to the age and time restrictions as well as the requirement to have 2 people in the boat (facing fore and aft) when pulling a skier. Mrs. Sherry Wolski, 607 Lakeshore Drive, said a retention pond was promised a long time ago. Mr. Randy Cheever, 505 Catwood Drive, objects to age limit for boat drivers and suggested a training course for anyone who needs to learn. Mr. Harold Switzer, 609 E. Lakeshore Drive, commended planners on the ordinance but objected to the time of day and age of operator restrictions, questioned whether there was expertise within the City to measure operator's ability, and agreed with previous speakers regarding the use of mirrors rather than 2 people aboard watching skiers. Mr. Vern Nielson, 603 E. Lakeshore Drive, objected to time of day and age restriction. Commissioner Combs spoke in favor of removing the age limit for operators and the time restrictions, wants a hold Page 5 City Commission Regular Meeting ~ December 5,1989 harmless clause included and wants Red Cross qualification course provided for citizens. Commissioner Foster wants to require life vests for chiildren up to 10 years of age. The public hearing was closed. Commissioner Woodson moved, seconded by Commissioner Combs, to send the ordinance back to staff for rewriting. Motion carried with unanimous vote in favor. '-" Ordinance No. 89-57, An ordinance establishing a Fire Impact Fee The ordinance was read by title only for the second reading and public hearing. Chief Strosnider presented the background for the ordinance. Assistant City Attorney Woodson said that his contribution to the ordinance was very small because Chief Strosnider, Captain Coschignano, and Senior Planner Harper had done such a thorough job. The public hearing was opened and Mr. Vern Nielson, 603 E. Lakeshore Drive, asked what the dollar amount would be for building. Senior Planner Harper explained that the schedule showing the cost per square foot of the building is different for each district and was calculated depending on what is there now in each district so that the new growth will pay for itself. Assistant City Attorney Woodson raised a question regarding the Windermere Fire Contract and equity with these rates. City Manager Shapiro said that contract will have to be changed if and when possible. The public hearing was closed. Commissioner Foster, seconded by Commissioner Johnson, moved to adopt the Ordinance No. 89-57 establishing a Fire Impact Fee. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," Mayor Dabbs "Aye." Motion carried. City Manager Shapiro raised a question regarding the effective date and who would be required to pay. Assistant City Attorney Woodson advised that anyone who does not at this time have a building permit in his hand would be required to pay as the ordinance was properly noticed. SELECTION OF CITY COMMISSIONERS FOR COMMITTEES Commissioner Woodson was appointed to serve on the Educational Incentive Committee. Commissioner Foster was appointed to serve on the Innovative Idea Committee. STAFF REPORTS - NONE ATTORNEY OPINION ON CANDLEWOOD SHORES Assistant City Attorney Woodson advised that he was prepared to submit the attorney opinion requested in the previous meeting consent agenda item Candlewood Shores. Mr. Woodson said that, in his opinion after reviewing the ordinance, it was the developers' choice in paying land or fee for the recreation assessment and that the ordinance should be redrafted if commission wants it to ~ be different. Page 6 City Commission Regular Meeting ~ December 5, 1989 Assistant City Attorney Woodson stated that Foley & Lardner worked with Heller drawing up the agreement which is item B on the consent agenda and he was uncomfortable signing off on this agreement for the City. City Manager Shapiro pointed out that there was no essential difference in this agreement and the others and it would be appropriate for Commission to waive any possible conflict. Mayor Dabbs, seconded by Commissioner Johnson moved to waive any possible conflict revolving around this agreement. Motion carried with unanimous vote in favor. COMMENTS FROM COMMISSIONERS Commissioner Foster said that he is happy to be here and is glad to see so many citizens attending the meeting. Commissioner Woodson said that he is happy to serve. Commissioner Johnson mentioned the car lot on Bluford Avenue was advised that the Code Enforcement Board will be dealing it at their December 19 meeting. Commissioner Johnson noted that the Bowness Road traffic is flowing nicely. and with also Commissioner Combs said that he wants Mayor Ison to be home watching and he held up a Florida State University shirt so that ~ he could see it on the television. Commissioner Combs noted also that school children leaving a school bus on Sleepy Harbour Drive off White Road were walking down the turn lanes on White Road because there is not a sidewalk there. The Hammocks Subdivision will have sidewalks but there will be a stretch without and that should be remedied. Mayor Dabbs apologized for not starting the meeting with welcoming the new commissioners. ADJOURNMENT Meeting adjourned at 11:44 p.m. ~$b ........