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HomeMy WebLinkAbout02-06-90 "'-" \.. " ...... MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD FEBRUARY 6, 1990 Mayor Dabbs Commissioners Chambers at allegiance. present. called the regular meeting of the Board of City of the City of Ocoee to order in the Commission 7:30 p.m. and then led with prayer and pledge of The Commission was polled and a quorum declared to be PRESENT: Woodson, Director Grafton Mayor Dabbs, Commissioners Combs, City Manager Shapiro, City Engineer Behrens, Public Works Director Brenner, Foster, Johnson, Shira, Planning and City Clerk ABSENT: None CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, and F. Commissioner Johnson asked that item D be pulled. ~ Acceptance and Approval of Minutes of Commission Workshop September ~ 1989 and January ~ 1990, Joint Workshop January ~ 1990, Reqular Meetinq Minutes of January ~ 1990 ~ Award of Bids-Effluent Disposal Projects ~ Award of Bids-Silver Star Road/Johio Shores Road Water Main ~ City of Ocoee adv. Ronald ~ Stucki (Case No.CI-89-9604) Authorization for pa~ent to Attorney ~ Thomas and Substitute Foley ~ Lardner ~ C__sel to Represent Russell Waqner as Co-Defendant with City of Ocoee in this Case ~ Veronica Place Subdivision (Harbour Hiqhlands Village 11 Final Plat Approval Commissioner Woodson, seconded by Commissioner Combs, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. ~ Fence Installation-Western Boundary of the Senior League Baseball Field Commissioner Johnson spoke in favor of fencing the area noted in the staff report, not just because of the all- terrain vehicles that were going onto adjacent property, but also because children are going into a wooded portion of the park. Public Works Director Brenner pointed out that children are playing in the switch gear and could be injured. Commissioner Combs moved, seconded by Commissioner Woodson, to fence around the power box and to post "high voltage" signs as well. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "nay," Commissioner Woodson "aye," Mayor Dabbs "nay." Motion carried with 3-2 vote. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. Page 2 City Commission Regular Meeting ''-r February 6, 1990 ORDINANCES-SECOND READINGS AND PUBLIC HEARINGS Ordinance No. 90-02, Repealing/adopting new Section 8-2 of the City Code relating to the qualifying period for candidates for election to office in City government, providing severability and providing an effective date, was presented by title for second reading. The public hearing was opened and, as no citizens wished to speak, was closed. Commissioner Combs, seconded by Commissioner Foster, moved to adopt Ordinance No. 90-02 as presented. Motion carried with unanimous vote in favor. Ordinance No. 90-03, Establishing a Police Impact Fee; adopting fee schedule; providing for time of payment, providing definitions, providing annual review, providing credits, providing exemptions, providing a trust fund, providing for penalty, providing for severability, and providing an effective date, was presented by title for the second reading. Senior Planner Harper, upon receiving praise for the way the impact fee ordinance was put together, acknowledged the competent help of Janet Resnik and Sue Reed who typed and retyped, and the invaluable input from Police Chief Boyd. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Ordinance No. 90-03 as presented. Motion carried with unanimous vote in favor. \... Ordinance No. 90-04, Repealing Ordinance No. 871 relating to flat rate charge for non-metered construction water, providing severability and providing an effective date, was presented by title for the second reading. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to adopt Ordinance No. 90- 04 as presented. Motion carried with unanimous vote in favor. Ordinance No. 89-46, Establishing a Boating Code, with regulations for boating activity on waterways located in whole or in part within City limits, providing definitions, providing regulations, providing penalties, providing severability and providing an effective date, was presented by title for second reading. Changes that had been made as a result of citizen input at the first reading were noted by Planning Director Behrens. The public hearing was opened and Mr. Pitt Varnes, 1405 Spring Lake Terrace, complimented staff for the rewritten ordinance. Richard Davidson, 10 Lakeview Street, asked that the limitation of 21 feet for boat size permitted on the lake be changed as he has a 28 foot boat that is easily accommodated by Starke Lake. Mrs. Dorothy Dinkel, 907 Maureen Avenue, supported Mr. Davidson's position. Commissioner Woodson, seconded by Mayor Dabbs, moved to adopt \.. .'-r Page 3 City Commission Regular Meeting February 6, 1990 Ordinance No. 89-46 with the following changes to the original text: 1) Only boats with electric motors and non-powered boats shall be allowed on Spring Lake (jet skis are prohibited on Spring Lake), 2) Delete the section on licensing of minors (old Section 7) , 3) Water sports are allowed from sunrise to sunset. (Previously, it was 9 a.m. to one hour before sunset.), 4) Delete the requirement for two people in a boat towing a water skier, 5) A Hold Harmless Agreement (new Section 23) has been added at Commissioner Combs' request). Commissioner Woodson, seconded by Commissioner Foster, then moved to amend the motion by deleting the first two sentences of Section 12 referring to the length of boats permitted and change the title to "Maximum Horsepower and Capacity." The motion to amend the motion to adopt Ordinance 89-46 was carried with unanimous vote in favor. The motion to adopt Ordinance 89-46 as amended carried with unanimous vote in favor. DEVELOPER PUBLIC HEARING PLANTATION GROVE PUD LAND USE AMENDMENT Planning Director Behrens presented the staff report which states that the developer wishes to change the concept of the development from multi-family and single family to all single family adjacent to a property boundary, and also that the developer has chosen to pay the recreational impact fee in lieu of providing a park site. ~ Both the Planning and Zoning Commission and the staff recommend approval of the proposed change to the land use plan. A discussion insued during which Commissioner Foster stressed the need for passive parks in each neighborhood, Commissioner Johnson stressed the need for central parks for recreational activities, Commissioner Woodson stressed the need for playgrounds for children and City Manager Shapiro advised that the purpose of the fee is to purchase choice recreation land to satisfy all the needs. Mr. Lou Roeder, Phoenix Development, explained that they had already taken care of parks in their development. The public hearing was opened and Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., Mr. Park Rostiser, 90 E. Circle Key, Mrs. Dottie Minnick, 508 Bernadino, and Mr. Tom Murnane, 1427 Carriage Oaks, spoke in favor of local small recreation areas. The public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to approve the amendment to the land use plan as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," Mayor Dabbs "aye." Motion carried. ....... Page 4 City Commission Regular Meeting ~ February 6, 1990 Preliminary Engineering Plans City Planning Director Behrens presented the staff report and recommendation for approval of the Plantation Grove PUD Preliminary Engineering Plans. City Engineer Shira advised that, as stated in his memo dated February 2, 1990, concern has been expressed by Glen Jackson, representing Heller Bros. Groves, regarding the filling of a drainage ditch which serves both properties and which must be adequately addressed before Final Engineering Plan review. The public hearing was opened and Mr. Steve Mellich, CCL Consultants, stated that he agrees that this is something that can be resolved at final engineering. The public hearing was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to approve the preliminary engineering plans as presented with the stipulation that the issue regarding the ditch be resolved in final engineering plan consideration. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," Mayor Dabbs "aye." Motion carried. ...... AT THIS AGENDA: OVER 65 THIS ITEM Mayor Dabbs described the Over 65 Program and advised that, as the program is now costing taxpayers $135,000 per year, some modification is in order. Consideration had been given previously to setting up a committee to evaluate the program and the consensus was that now is the time to do that. Mr. Darrell Wolfe, Mrs. Bea Meeks, Mr. R.P. Mohnacky, Mrs. Dorothy Dinkle, Mr.Tom Murnane and Mrs. Dottie Minnick all spoke in favor of a review committee. City Attorney Rosenthal advised that there may be other avenues of aid available that would be less costly. Mayor Dabbs stressed that the Commission is not interested in taking away provisions from those already on the program, but rather in sunsetting it. A committee of eleven citizens will be appointed at the February 20, 1990 meeting, with the City Finance Director, City Manager, and City Attorney sitting in the meetings but not counted as members. POINT MAYOR DABBS ELECTED TO CONSIDER ITEM VII C ON DISCUSSION AND APPOINTMENT OF A COMMITTEE TO EXAMINE PROGRAM-DUE TO THE LARGE NUMBER OF CITIZENS PRESENT THE THE FOR RECESS FROM 9:39 P.M. TO 9:49 P.M. OTHER BUSINESS FIRST READING OF ORDINANCE-SECOND READING AND PUBLIC HEARING SCHEDULED FOR FEBRUARY 20, 1990 Ordinance No. 90-05, An ordinance relating to Motion Photography Production, amending Chapter 14.7 of the City Code to be known as the Motion Picture Photography Production Ordinance; providing '-" ~. \.... , '-- " ~ Page 5 City Commission Regular Meeting February 6, 1990 procedures for the permitting of motion photography productions; providing purposes; definitions; providing for the Building Department to receive and process applications; providing for exemption from other City Code requirements; providing for recovery of costs for extraordinary services provided by the City; providing for severability and an effective date, was presented by title only for the first reading. ROAD IMPROVEMENT REIMBURSEMENTS - HIDDEN GLEN DEVELOPMENT CORP. City Manager Shapiro presented the staff report explaining that the developer had made intersection improvements to A.D. Mims Road and constructed Johio Shores Road with the understanding that the City would reimburse the developer for 75% of the costs on the intersection and 50 % in Johio Shores Road from road impact fees collected. An audit has been conducted and the amount calculated to be due to Hidden Glen Development Corporation is $46,461.00. Commissioner Foster, seconded by Commissioner Combs, moved to approve the payment in the amount of $46,461.00 as recommended. Motion carried with unanimous vote in favor. REQUEST FOR FUNDS FOR CENTRAL FLORIDA COMMUTER RAIL AUTHORITY Mayor Dabbs explained the letter received from CFCRA requesting funds and Commissioners Combs, Foster and Woodson all commented that the organizaation has other ways to raise money. Mayor Dabbs said that although he supported the request, he would draft a letter to the organization with a negative response. WEST ORANGE HOSPITAL TAXING DISTRICT As Legislature is considering discontinuing the West Orange Hospital Taxing District and such action would impact this area adversely, City Manager Shapiro requested that a document indicating this body's support of the taxing district be authorized which could be taken to Legislature this week. Commissioner Woodson, seconded by Commissioner Combs, moved to direct City Manager Shapiro to prepare a resolution expressing support of the taxing district. Motion carried with unanimous vote in favor. CITY PROSECUTOR/POLICE ADVISOR COMMITTEE APPOINTED City Manager Shapiro advised that he has received resumes for the position of City Prosecutor and requested a small committee to help choose a few resumes to present to Commission. Commissioner Woodson asked to not serve due to conflict. Commissioner Johnson volunteered to serve and Mayor Dabbs appointed City Attorney Rosenthal and City Manager Shapiro to complete the committee. Page 6 City Commission Regular Session ~ February 6, 1990 CITY MANAGER CONTRACT Mayor Dabbs advised those present that City Manager Shapiro's wish to have his retirement with ICMA rather than the City retirement program is being taken under consideration in the revised version of the contract and will be decided at a later date (after a determination can be made as to the effect such action will have on the City retirement program). Further changes include the statement that his salary is paid biweekly rather than annually, and there will be no separation payment if the contract is not renewed, and also if the contract is not renewed the provisions of the City Charter will apply. Commissioner Combs, seconded by Commissioner Foster, moved to approve the three year contract with City Manager Shapiro. Motion carried with unanimous vote in favor. STAFF REPORTS "-' RECOMMENDATION ON RECYCLING City Public Works Director Brenner presented the staff report and recommended staying with the County for the recycling program. He then introduced Mr. Jim Becker, 4700 Red Fern Drive, Orlando, who reported that in 1987 Orange County put together a recycling program with a committee and they found it to be cheaper to collect curbside and have separation/sorting done in a centrally located area. They now have a five year contract with Waste Management. Orlando, Edgewood, Belle Isle and Windermere all dropped out of their agreement with the County but after reevaluating their figures all but Windermere have come back to the County. Commissioner Combs, seconded by Commissioner Woodson, moved to approve staff recommendation. Motion carried with unanimous vote in favor. Upon a request from City Manager Shapiro, who advised that the figures show that the City would benefit by going to private haulers for the commercial sanitation accounts, Commissioner Woodson moved to direct him to proceed with RFP for commercial accounts. Commissioner Johnson seconded and motion carried with unanimous vote in favor. NON-AGENDA ITEM: CITY ATTORNEY ROSENTHAL RE: CONFLICT OF INTEREST City Attorney Rosenthal advised that, in order to proceed with matters relating to Heller Bros., it would be best to engage other counsel, due to a long standing relationship between Heller Bros. and Foley & Lardner. City Manager Shapiro was directed to quietly survey as there is no need to RFP. " ,.,... \ , ~ .., ~ I ~ Page 7 City Commission Regular Meeting February 6, 1990 COMMENTS FROM COMMISSIONERS Commissioner Combs said that he has been approached by Mature Citizens regarding cars parked on sidewalks and large trees that block sidewalks. Commissioner Johnson said that: 1) Buddy Elmore is already working on trees in the sidewalks, 2) An ongoing concern is redoing downtown and there is a Federal program that will help and we should look into it, 3) He is getting heat regarding the trailer parks and he wants every violation written up by Code Enforcement. (City Manager Shapiro advised that when the City Prosecutor is on line that will be taken care of and in the next budget he will ask for another Code Enforcement officer.) 4) Condolences should be sent to the family of Robert Chavez, the young boy who died in a room being heated by a charcoal burner, 5) The Arbor Ordinance should be strengthened on lots less than 25,000 square feet, 6) He will talk to citizens and have them come to the meetings and speak regarding fencing the park. Commissioner Woodson 1) Thanked the Ocoee Woman's Club for the invitation to the birthday luncheon, 2) Wants to see natural gas lines in Ocoee, 3) Wants something done about parking on sidewalks and bushes next to sidewalks that are not trimmed. City Attorney Rosenthal introduced Brian Lower, who is new on Foley and Lardner staff, and who will be dealing with Ocoee matters for them. ADJOURNMENT Meeting adjourned at 11:03 p.m..