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HomeMy WebLinkAbout03-06-90 '-' ...... '--" '-" ...... MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD MARCH 6, 1990 The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Dabbs at 7:34 p.m. in the commission chambers. Mayor Dabbs then led in prayer and the pledge of allegiance. The Commission was polled and a quorum declared to be present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer Shira, Public Works Director Brenner, Planning Director Behrens, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mrs. Diane Quinn, 8210 Sandberry Blvd., Orlando, teacher at Ocoee Middle School, explained that she needs funds in order to take several students to North Carolina to a special learning experience in Twenty-first Century technology. Mayor Dabbs had previously advised her that there were no City funds available, but that she could address the Commission, and Mrs. Quinn finished her address with reading a poem written by an "average student:" "I don't cause trouble, my grades have been okay, I listen in my classes and I am in school every day. My teachers think I am average; my parents think so, too. I wish I didn't know that cause there is lots I would like to do. I would like to build a rocket. I have a book that'll tell you how, Or start a stamp collection...Well, no use in trying now. Cause since I found I am average, I am just smart enough you see, To know there is nothing special that I should expect of me. I am part of that majority, that hump part of the bell, Who spends his life unnoticed, in an average kind of hell." Mrs. Quinn said that she wants to take Ocoee students out of that average kind of hell. Mayor Dabbs advised Mrs. Quinn that several developers had been given an opportunity to make donations. Those who gave were: Barry Goodman- $750., Louis Geys, of Wescar-$250., Bumby-Stimpson and Uniwes, developers of Sawmill- $600. Mayor Dabbs pulled money from his pocket and challenged the Commissioners to match it, which they did. Then Mayor Dabbs' remark, "And isn't it nice to live in Ocoee" summed it up for everyone. ......... .......... Page 2 Ocoee City Commission Regular Meeting March 6, 1990 ~ CONSENT AGBNDA The proposed consent agenda consisted of items A, B, C, D, E, F, G, and H. ~ Acceotance and Aooroval of Minutes of Commission Reaular Meetina of February ~ 1990 ~ Aooroval of Final Plat = Sawmill Phase II and III ~ Aoproval of Final Plat = Lake Olympia Club ~ Aporoval Ql Final Plat = Richfield ~ Aoproval of Parade Permit for WalkAmerica Walk-A-Thon Aoril 28 ~ Authorization to Award Bid for Aooraisal of Griffin Property to Aporaisal First, Inc., Usina $2,900 from General Fund Continaency ~ Aooroval of Coventry at Ocoee-Lake Stanley Subdivision Development Aaeement Amendment ~ Approval of Renewal of Aareement with D.O.T. for Routine Maintenance (State Project No. 5906-9105) Commissioner Combs, seconded by Commissioner Woodson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. '-' COMMENTS FROM CITIZBNS/PUBLIC Mayor Dabbs announced that Public Works placed educational material on recycling distribution. Director Brenner on the back table had for ORDINANCES-SECOND READINGS AND PUBLIC HBARINGS ORDINANCE NO. 90-06, "relating to water and sewers; amending Section 22-35 of the Code relating to water capital charges; amending Section 22-65 of the Code relating to sewer capital charges; providing for severability; and providing an effective date" was presented by title on second reading. A public hearing was called. No one wishing to speak, the hearing was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to adopt the ordinance. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried and the ordinance was adopted on final reading. (Tape 1, 7:47 p.m.) ORDINANCB NO. 90-07, "relating to garbage collection; amending ~ Section 11-7 of the Code of Ordinances; providing for the collection of commercial, industrial or institutional waste by a franchisee; providing a date upon which all commercial waste shall be collected by a franchisee; amending Section 11-9 of the Code of ....... ......... "-" .......... "-" '-"' '-"' ....... '-' Page 3 Ocoee City Commission Regular Meeting March 6, 1990 Ordinances; creating a new Section 11-10 of the Code of Ordinances; providing authorization for franchise agreements; providing terms and conditions for franchise agreements; providing conditions for the selection of a franchisee; providing for severability; providing an effective date" was presented by title for the second reading. A public hearing was called. No one wishing to speak, the hearing was closed. Commissioner Foster, seconded by Commissioner Johnson, moved to adopt the ordinance. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried and the ordinance was adopted on final reading. OTHBR BUSINESS DISCUSSION OF PBRIMETER WALL: LAKE OLYMPIC TOWNHOUSES/LAKB OLYMPIC TOWNHOUSB ASSOCIATION Planning Director Behrens explained that the new developer who has taken over Lake Olympic Townhouses, Neal Sandy, has a problem with providing a brick wall but could put in a masonry wall or landscaping berm as permitted according to the ordinance. The Lake Olympic Townhouse Association, represented by Mr. Paul Frank Barber, indicated that they can not afford the upkeep on the landscaping and would prefer a masonry (stucco) wall. Although the Commissions' preference is for a brick wall rather than masonry, City Attorney Rosenthal advised that (per Assistant City Attorney Duke Woodson) this project has a vested right to go as previously agreed with a masonry wall. However, if addressing matters not already touched on in the agreement, then the developer must abide by the current code. Commissioner Johnson, seconded by Commissioner Combs, moved to permit the stucco wall as requested. Motion carried with unanimous vote in favor. HARGRBAVBS CORPORATION/BURNDBN PARK-WATBR CAPACITY Mr. James Cannon, representing Mr. William Hargreaves, Burnden Park, stated that the projections made last year for their development were not realistic and he requested an opportunity to renegotiate the water capacity agreement. City Manager Shapiro recommended denial of the request and advised that this developer is in violation of the agreement because he never put up the required letter of credit. City Attorney Rosenthal concurred. Commissioner Combs, seconded by Commissioner Woodson, moved to deny the request to renegotiate. Motion carried with unanimous vote in favor. City Manager Shapiro suggested giving them thirty days to come into compliance with the original agreement without penalty. Commissioner Johnson, seconded by Commissioner Foster, moved to go along with staff recommendation giving them thirty days to comply. Motion carried with unanimous vote in favor. "-" ....... ........ '-" ......... ,..... '-' Page 4 Ocoee City Commission Regular Meeting March 6, 1990 JOINT PLANNING AREA AGREEMENT-WINDERMERE Planning Director Behrens distributed a revised version of the map showing the joint planning area agreed to with Windermere Town Manager. The map indicates the eastern boundary of Ocoee's area south of the Sunshine State Parkway to be at 7th Avenue from the Sunshine State Parkway to Gotha Road, then southwesterly along Gotha Road to the southeast corner of the L. Browning, C. Browning and S. Rockett parcel, then west along the south border of that parcel to Maguire Road and continuing south along Maguire Road and then west again along the south border of the Lake Whitney Ltd. property to Windermere Road, then north along Windermere Road to Marshall Farms Road. Commissioner Johnson moved, seconded by Commissioner Combs, to approve the joint planning area as depicted on the map and present it to Orange County for their approval. Motion carried with unanimous vote in favor. ORLANDO URBAN AREA METROPOLITAN PLANNING ORGANIZATION BICYCLE ADVISORY COMMITTEE BICYCLE COORDINATOR POSITION Staff advised that the City's share of the matching funds for MPO Bicycle Advisory Committee Bicycle Coordinator position would be $380 should they wish to share the cost in the next fiscal year. Commissioner Combs, seconded by Commissioner Woodson, moved to approve the expenditure of $380. Motion carried with unanimous vote in favor. DATE SET TO INTERVIEW APPLICANTS FOR CITY PROSECUTOR/POLICE LEGAL ADVISOR City Manager Shapiro advised that the resumes of the attorneys who applied for this position had been reviewed and a date should be set to interview the three attorneys who were selected by the committee (Commissioner Johnson, City Attorney Rosenthal and City Manager Shapiro). City Manager Shapiro also said that Attorney Tom Woodson's resume was received and he was qualified; however, his name was not on the list due to the conflict of interest that would be created with his brother as commissioner. The consensus was that City Manager should contact those chosen and schedule a time to interview sometime before the April 3 regular commission meeting. RESOLUTION 90-WHAT (ACTUALLY 90-03) ADOPTING CITY SEAL Resolution 90-What (so-called because the number was omitted from the copy distributed to the Commission) adopting an official City Seal; rescinding all prior seals; providing an effective date, was presented by title. Commissioner Woodson, seconded by Commissioner Johnson, moved to ~dopt the resolution. Motion carried with unanimous vote in favor. ~ '--- Page 5 Ocoee City Commission Regular Meeting March 6 .~ STAFF REPORTS None COMMENTS FROM COMMISSIONERS Commissioner Foster - No comments at this time. Commissioner Combs: 1) Commended City Engineer Shira for solving the drainage problem he had reported last week; 2) Noted that television viewers have criticized the appearance of the chairs used by the Commissioners and he asked how much was budgeted for replacement chairs. City Manager Shapiro said he will put it in the next budget for discussion. Commissioner Woodson: 1) Wants to pick out a chair that fits him if new chairs are purchased; 2) Withdrew his proposal made last meeting to rename streets but he still wants the Griffin and Pounds families honored by having streets named for them. 3) Thanked staff for fixing the water problem he reported last week. ~ Mayor Dabbs: 1) Mentioned that he has been named as well as the City in a lawsuit by Exclusive Homes and wants to be sure that he is notified when to appear; 2) Said that he has been contacted by citizens who want to have an official Memorial Day celebration; 3) Commended Chief Boyd for his handling of a sensitive matter. Commissioner Johnson: 1) Announced that Mr. Frederick Roberts, 1100 Wurst Road, has been appointed to serve on the Police Advisory Board; 2) Said that he reported to St. Johns Water Management District that Pulte Homes was pumping water from Lake Olympia; 3) Expressed his appreciation that when he mentions that a citizen has a need, staff takes care of it immediately. Mayor Dabbs citizens and closed the meeting saying that caring, supportive City staff that responds to needs makes a good city. ....... ADJOURNMENT Meeting adjourned at 8:54 p.m.. -..... Clerk Attest: ........