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HomeMy WebLinkAbout06-05-90 ~ '-" ~ MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD JUNE 5, 1990 The regular meeting of the Ocoee Board of City Commissioners was called to order at 7:30 p.m. by Mayor Dabbs in the commission chambers. Commissioner Woodson led in prayer and the pledge of allegiance. The roll was called and a quorum was declared present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Engineer/Utilities Director Shira, Public Works Director Brenner, Associate Planner Claman, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS A certificate of commendation from the Department of Health and Rehabilitative Services for the City of Ocoee for the proper use of flouridation was presented by Utilities Superintendent Robert Holland to Chief Water Plant Operator Dave Gosnell. CONSENT AGENDA The proposed consent agenda consisted of items A and B. Commissioner Foster pulled item ~ Acceptance and Approval of Minutes of Commission Reaular Meetina of May ~ 1990. Item ~ Acceptance and Approval of Staff Recommendation Re: Emeraencv Storm Line Repair at 467 Sprinafoot Court. Mayor Dabbs proposed dealing with item A immediately and then voting on both items on the consent agenda together. Commissioner Foster noted that on page 5 regarding Good Homes Plaza 2 vs 3 exits on SR50 the vote was 4-1 rather than 5-0 in favor as he had cast the dissenting vote. Another correction on page 4 regarding Utility Bond Issue, (item #2 in City Manager Shapiro's explanation) "the 3rd $1,000,000.00" should be "the 3rd 1,000,000 gallons" instead, and on page 2 the spelling of decision was corrected. Commissioner Foster, seconded by Commissioner Johnson, moved to approve the consent agenda as corrected. Motion carried with unanimous vote in favor. CITIZENS COMMENTS Mr. R. P. Mohnacky, 1820 Prairie Lake Blvd., expressed concern regarding the large amount of money involved in the discussion on bond issues for Clark Road at the last meeting because the anticipated growth may not happen. City Manager Shapiro explained that the Clark Road bond issue is not based on growth dollars but rather on the guaranteed 6 cent gas tax which depends on tourism. Mrs. Bruni Massa, 611 E. Lakeshore Drive, asked about the employees that were to be hired with builder dollars as she believed that that money was a one-time only income. City Manager Shapiro explained that the building revenue continues to grow and the majority of the employees that were hired could be linked to the building industry. Mrs. Massa also expressed concern about 1) the cleanliness of the City, noting particularly the litter on Orlando Avenue and in the cemetery area, and 2) trees that should be replaced, especially in the Piggly-Wiggly Shopping Center. Page 2 Ocoee City Commission Regular Meeting ~ June 5, 1990 "--' ...,.... Mrs. Illiana Tripp, 2202 Essex Drive, expressed her desire to have something done about employers who change employees' schedules from night to day and vice versa without regard for providing adequate time for their rest. Mrs. Tripp was advised that this was outside the purview of the City Commission and is instead the responsibility of the Department of Labor. SECOND READINGS AND PUBLIC HEARINGS ORDINANCE NO. 90-11, "relating to trees and landscaping; repealing existing Chapter 12.5 of the Code of Ordinances; adopting a new Chapter 12.5 of the Code of Ordinances; providing a purpose, providing definitions; providing for the official designation of protected trees by a staff forester to be appointed by the Director of Planning; providing conditions for removal of protected trees; providing for replacement of removed trees; providing for public hearings to designate trees as historic or specimen; providing protection measures for trees during all development activities; providing for landscaping in vehicle use areas; providing for the placement of street trees; providing design principles for landscaped areas; providing for the installation of plants; providing for the use of native plant species; providing a list of approved flora; providing a list of prohibited plants; providing for irrigation; providing for maintenance and replacement of plants; providing for penalties; providing for severability; providing an effective date." was presented by title only for the second reading and public hearing. City Manager Shapiro explained that this ordinance doubles the width and height requirements in replacement tree size over the old ordinance. The public hearing was opened and Mr. R.P. Mohnacky congratulated Associate Planner Claman for writing the ordinance. Mr. Mohnacky noted that if a road is to be widened the trees 10 feet from the roadway will be in the way. City Manager Shapiro said that in that case the developer will be required to replace any trees taken down 4 to 1. Mr. Mohnacky stated that his concern was not being able to see the stop signs because of the trees. He was advised that he should report any specific cases to the City. City Attorney Rosenthal pointed out that, on Page 14 of the ordinance, Section 12.5-8H has new language dealing with maintenance and replacement of trees which requires that all existing landscaping be maintained in good condition as well as a healthy pest free condition, and provides procedures by which the City can give notice to the property owner and they have to replace a dead tree within six months of notification that the tree is dead. Mr. Rosenthal noted that this may apply to Piggly- Wiggly and City Manager Shapiro said that it was possible that the trees in that parking area were dead before any landscaping ordinance was written. The public hearing was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt Ordinance No. 90-11 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." No nays. Motion carried with unanimous vote in favor. Page 3 Ocoee City Commission Regular Meeting ~ June 5, 1990 '-'" '-" Ordinance No. 90-12, "relating to a uniform building numbering system; adopting a new Section 5-59 of Article II of Chapter 5 of the Code of Ordinances; providing for the assignment of numbers by the building official; requiring all buildings to properly display assigned numbers; providing for enforcement; providing for providing an effective date." was presented by title for the second reading and public hearing. The public hearing was opened and, no one wishing to speak, the hearing was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to adopt Ordinance No. 90-12 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." No nays. Motion carried with unanimous vote in favor. DISCUSSION AND ACTION ON MR. GARY RUSSELL PROPOSAL: MOSELY PARK Mr. Gary Russell came before Commission requesting that 3 requirements be waived in order for his company to provide affordable housing, (consisting of 1200 sq. ft., 3 bedrooms, 2 baths, single car garage on 1/4 acre lots at $60,000.00), in an area which he proposes to purchase called Mosely Park. Those concessions are: 1) No wall around the property, but instead a 15' conservation area, 2) No outside sidewalks around the property, 3) That if Adair Street needs to be paved to Clarcona-Ocoee Road, it be done using impact fees rather than at the cost of the developers. Associate Planner Claman reported that the Citizen's Committee on Housing has expressed concern that the people who work in the new industrial and commercial developments in the City will not be able to afford to live in Ocoee, and Chapter 9J5 of Florida Administrative Code and Chapter 163 require that the City address the issue of affordable housing but that so far the committee has not resolved the problem. Mr. Jerry Behn, real estate broker, spoke in favor of Mr. Russell's endeavors to provide lower cost housing. After a discussion period the consensus was that the Commission would look with favor on the option of a landscape buffer instead of the wall requirements, but that the other issues involved safety and no concession should be made, nor should any change be made in impact fees. Commissioner Combs, seconded by Commissioner Johnson, moved to instruct City Manager Shapiro to sit down with the developer and builder and determine how costs without loss of safety can be gleaned from the construction and development costs and come back with a report for Commission. This does not include the roadway or sidewalks. Motion carried with unanimous vote in favor. REIMBURSEMBNT OF COSTS: HIDDEN OAKS DEVELOPMENT Upon the purchase of the Milton property for the Kissimmee water plant, the City became the owner of a large tract adjacent to Hidden Oaks Development and according to the Developer's Agreement pertaining to that property certain costs are required to be reimbursed. The staff report indicates that the Agreement is vague as to what constitutes "development" but the City Attorney has negotiated with the developers and their counsel to derive a mutually acceptable reimbursement amount. Staff recommends payment to Lloyd Warren and Charles Snider in the amount of $26,128.70 Page 4 Ocoee City Commission Regular Meeting '-" June 5, 1990 ($7,432.00 from the Water Fund and $18,696.70 from the General Fund Contingency account) upon receipt of a general release as to all other payments due under the Developer's Agreement and an assignment of any rights to be reimbursed by third parties. Commissioner Johnson, seconded by Commissioner Foster, moved to authorize payment as recommended by staff and to authorize the Mayor and City Clerk to execute a general release of Lloyd Warren and Charles Snider with resect to the Developer's Agreement. Motion carried with unanimous vote in favor. MAYOR DABBS NAMED FLORIDA LEAGUE OF CITIES CONVENTION DELEGATE Commissioner Johnson, seconded by Commissioner Combs, moved elect Mayor Dabbs the voting delegate to the Florida League Cities convention in October. Motion carried with unanimous in favor. to of vote PLANNING AND ZONING COMMISSION MEMBER MICHAEL SIMS REAPPOINTED Commissioner Johnson, seconded by Mayor Dabbs, moved to appoint Michael Sims, whose term expires June 1990, to serve another term on the Planning and Zoning Commission. Commissioner Woodson wished to abstain from voting as Mr. Sims is his nephew. Both City Attorney Rosenthal and Mayor Dabbs assured Commissioner Woodson that it was not illegal for him to vote. Motion carried with unanimous vote in favor. ~ BOARD OF ADJUSTMENT MEMBERS BOGGS, RHODES AND ALT. MEMBER MILLER REAPPOINTED Commissioner Combs, seconded by Commissioner Woodson, moved to appoint Members Lowell Boggs, Cliff Rhodes and Alternate Member Tanya Miller, whose terms expired May 1990, to another 3 year term on the Board of Adjustment. Motion carried with unanimous vote in favor. FIRST READING-ORDINANCE NO. 90-13 - Second Reading and Public Hearing scheduled for June 19, 1990 Ordinance No. 90-13, "relating to cross connection control for public water supply; enacting a new Article VII of Chapter 22 of the Code of Ordinances; establishing a continuous cross connection control program which regulates cross connections with the public potable water supply; adopting a manual of cross connection providing for inspections; providing for property access; providing for enforcement costs and penalties; providing for severability; providing for an effective date." was presented by title for the first reading. '-' STAFF REPORTS Public Works Director Brenner reported that the recycling program will be on line the second week in July with 2 containers provided for each household, green for comingled aluminum, glass and plastics and orange for newsprint. Workshops to inform the public are scheduled as follows: June 12 - Kiwanis Club at Holiday Inn June 25 - Church of Latter Day Saints - parents of Boy Scouts June 27, 28, July 9, 12 - Community Center-to reach the public Page 5 Ocoee City Commission Regular Meeting ~ June 5, 1990 '-' --..... COMMENTS FROM Commissioner construction City Engineer COMMISSIONERS Johnson reported that workers in the Brentwood Shira. the traffic problem with area has been addressed by Commissioner Woodson 1) Reported high grass on the lot next to 300 S. Lakeshore Dr. 2) Reported that a citizen had wanted to know what to do about a concrete truck that had driven over and broken a sidewalk. City Manager Shapiro advised that such incidents should be reported to City Hall immediately so that the driver's insurance company can be notified. 3) Asked that trucks be routed off Bluford Avenue and onto Kissimmee Avenue and was advised that the necessary traffic study on state roads would be costly. 4) Has Lions Club spaghetti dinner tickets for June 29 available. Commissioner Combs 1) Thanked City Engineer Shira for taking care of the traffic turn signals at Bluford/Hwy 50 intersection and for seeing that the water lines were capped when he reported them, and he also thanked Public Works Director Brenner for taking care of the Aldama Court street signs. 2) Reported that there was a petition in his neighborhood regarding unsolicited newspapers being thrown in their yards. He has contacted the City Attorney and will get back with City Manager Shapiro after talking with the petitioners. 3) Said that he is also concerned (along with Mr. Mohnacky) about the bond issue and debt. City Manager Shapiro said for the record "that our fiduciary, who is one of the best in the state, has mandated that before he would agree to sign off on any utility bond issue or water and sewer, he would require the confirmation of the contractor/developers themselves as to the estimated number of units they intend to and think that they can sell and they are right on it. On top of that there are guaranteed revenues that are not even growth oriented within the bond issue that would give us a five or six year cushion that would have nothing to do with whether or not they come on board. That was done to conservatively guarantee that this bond issue couldn't fail." 4) Asked when the street paving list will be produced, and he was advised that it will come before Commission June 19. 5) Suggested summer dress (no tie or jacket) for Commissioners from June 1 to September 1 at the meetings. Although Commissioner Foster said that he would prefer to maintain the image already established with business attire, ultimately the consensus was to wear City of Ocoee shirts. Commissioner Foster said that he was proud to represent the City by placing a wreath during the Woodlawn Memorial Day Ceremony. Mayor Dabbs again commended the Memorial Day Committee and all those who took part in the ceremony in the City. Page 6 Ocoee City Commission Regular Meeting ~ June 5, 1990 ADJOURNMENT The meeting adjourned at 9:29 p.m. Attest: ~ --... ****ATTACHMENT TO THE CITY COMMISSION MINUTES OF JUNE 5, 1990**** dill' FORM 4 MEMORANDUM OF VOTING CONFLICT COUNTY DCOUNTY DATE ON WHICH VOTE OCCURRED June 5, 1990 NAME OF PERSON RECORDING MINUTES Jean Grafton TITLE OF PERSON RECORDING MINUTES City Clerk;''! SPECIFY LAST NAME FIRST NAME MIDDLE NAME Woods6rt,' Sam MAILING, J\J:)~RESS I ,.,.~ 4 'c~~~:gO Avenue r' Ocoee'r !rtorange NAME OF AGENCY Cit AGENCY Is unit of: DSTATE ~MUNICIPALITY DOTHER MEMORAN,OYM OF CONFLIC1; OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~1l2.3143 (1979) ] i'. If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which Inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your Interest below. 1. Description of the matter upon which you voted In your official capacity: Michael 'Sims, my nephew; had been nominated for reappointment to the Planning and Zoning Commission. I announced .the fact of our relationship and was willing to abstain from voting if that ~onstituted a conflict of interest. City Attorney Rosenthal advised that this situation d,id not constitute a conflict of interest, so I voted. 2. Description of the personal, private, or professional Interest you have in the above matter which Inures to your special private gain or the special private gain of any principal by whom you are retained: NOspecial gain involved. cs) t, \.... "-,, ( I 3. Person or principal to whom the special gain described above will inure: a.D Yourself b.D Principal by whom you are retained: n/a (NAME) SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: r: 1/ 7{) . ~ FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This fonn need not be filed merely to Indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conClict i of interest arises; If you vote, however, the conflict must be disclosed pursuant to the requirements described above. ~- . 0 I \....,.- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES U12.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED *5,000. CE FORM 4 - REV. 12-79