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HomeMy WebLinkAbout08-07-90 MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD AUGUST 7, 1990 '-"' The regular meeting of the Ocoee Board of City Commissioners was called to order at 7:31 p.m. by Mayor Dabbs in the commission chambers. After leading in the prayer and pledge of allegiance Mayor Dabbs called the roll and declared a quorum present. PRESENT: Mayor Dabbs, Commissioners Combs, Johnson and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Planning Director Behrens, Associate Planner Claman, Building Official Flippen, and City Clerk Grafton. ABSENT: Commissioner Foster (out of town) PRESENTATIONS Fifty Japanese exchange students who have completed three weeks of their one month visit to the States were presented with City of Ocoee watches by Mayor Dabbs. In return the students presented Mayor Dabbs and City Manager Shapiro with flags of both countries on a common stand. RECESS FROM 7:39 TO 7:41 Mayor Dabbs elected to take the viewing of the slide presentation for ITEM V D, Resolution No. 90-04, "relating to the Florida ~ Recreational Trails System, and supporting the Rail Trail Program in West Orange County," which was scheduled for later in the meeting, out of order at this point so that the Orange County representatives could be excused early. The resolution was presented for vote at the regular place on the agenda. Mr. Lynn Sordel, Manager, Orange County Parks and Recreation Department, 118 W. Kaley Street, Orlando, 32806, introduced Ms. Ginger Corless, Planning Development Supervisor and Mr. Bill Thomas, Planner, who gave a slide presentation showing the proposed network of recreational and scenic trails designated as the Florida Recreational Trails System. They requested local support for the program to convert unused railroad beds from Apopka to Lake County into trails to be used for horseback-riding and bicycling. ~ CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, F, G, H, and I. Commmissioner Woodson asked for an explanation regarding item I as he had heard that there was a $250,000 cost associated with M & M Utilities acquisition. City Manager Shapiro explained that Southern States Utilities, in administering M & M Utilities, will incur cost estimated to be $561,000 in order to comply with PSC requirements and that cost will be passed on to the existing customers. Consensus is that a better solution to the utilities problem is the provision of City sewer service to that area and the closure of the M & M plant. The City has asked for a block grant of $263,000 which will take care of the lift station. '- Page 2 Ocoee City Commission Regular Meeting August 7, 1990 ...... The other items to be considered are 1) the necessary improvements to the internal system at the mobile trailer park, 2) paying off Southern states Utilities the $40,000 owed them for the money they have invested in the old sewer plant to keep it running, 3) putting in a transmission line down Palm Drive past the trailer park and the area where the beltway is going in. Ultimately the cost to the citizens will be less and the benefit greater. Commissioner Woodson indicated that he was satisfied with the explanation and was ready to vote on the consent agenda. ~ Acceptance and Approval of ~ Minutes of Commission Reqular Meeting of July ~ 1990 ~ Minutes of Commission Special Session Public Hearing for Over 65 Proqram of July ~ 1990 ~ Acceptance and Approval of Request from St. Paul Presbyterian Church, ~ for Waiver of Special Exception Application Fee ~ Acceptance and Approval of Recommendation re: Process of Selecting Design Firms for Clark Road ~ Acceptance and Authorization to Proceed with Jamela Water Plant Improvements ~ Motion Ratifying City Manaqer's Action ~ Completing Certification of Millage and Tentative Budqet Hearinqs Notification to Orange County Property Appraiser ~ Acceptance and Approval of Traffic Siqnal Service Aqreement with Oranqe County ~ Acceptance and Approval of First Amendment to Developer's Agreement for Water Service, Imperial Partnership ~ Acceptance and Approval of Developer's Aqreement to Serve as Surety for LaKenDon Commercial Subdivision ~ Acceptance and Approval of Recommendation Qli M&M Utilities/ Proposed Connection of the City Sanitary Sewer System Commissioner Woodson, seconded by Commissioner Combs, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. COMMENTS FROM CITIZENS Mr. Lex Veech, Vice President Public Finance, Leedy Corporation, 749 N. Garland Avenue, Orlando, 32801, asked if there has been a RFP sent out for the bond underwriters for Clark Road. City Manager Shapiro said that when responses came in for the additional loan for the water/sewer project they observed one firm which had given more effort than others and he had asked Commission to give them the next bond issue for long term debt that came up this year. Mr. Veech wants another chance to bid for future financing. Mrs. Bernadette Dymond, 1009 Malcolm Road, asked how many RFP's were sent out and the response was five (5) underwriters and five (5) banks for A-Refinancing of old money, B-Water/Sewer Projects, and C-Clark Road. Mrs. Dymond asked the interest rate provided by ~ Barnett Bank and the response was 7.5% based on a no more than 5 year debt with a bond anticipation debt with a final rate about the same or lower. '-'" Page 3 Ocoee City Commission Regular Meeting August 7, 1990 Mr. R.P. Mohnacky, 1820 prairie Lake Blvd., commented that he thought the size of the ads placed in the sentinel for the Board of Adjustment hearing were unnecessarily large and he also confirmed the time of the public hearing for the budget. DISCUSSION ON INTERSECTION OF SILVER STAR ROAD/CLARK ROAD Mr. Michael Sims, Planning and Zoning Commission Chairman, 703 Stinnett Drive, requested that the City get professional help and form an ad hoc study committee to design this intersection. After brief discussion Commissioner Johnson, seconded by Commissioner Combs, moved to instruct City Manager and staff to set up an ad hoc committee as requested. Motion carried with unanimous vote in favor. '-'" PLANTATION GROVE WEST: CASE #1-4V-90:M/I HOMES SUBDIVISION VARIANCES Planning Director Behrens explained the petitioners request and the recommendations. Commissioner Combs, seconded by Commissioner Johnson, moved to approve the recommendations as presented. Motion carried with unanimous vote in favor. The recommendations are as follows: 1) The Petitioner should not be granted a variance to build subdivision entrance wall in excess of eight (8) feet. hardship has been demonstrated; the code calls for a maximum eight (8) feet. 2) The Petitioner should surrounding the tennis court. tennis court.) 3) The request to install a 10' high black windscreen, exceeding 50% opacity, should be approved. 4) It is recommended that the off-street parking requirement for the recreation area be referred to the Planning and Zoning Board, pursuant to the authority granted by Chapter III, Seciton 9.7(8) of the Zoning Code, for that body to establish the off-street parking needs. the No of be allowed to build a 10' fence (No variance is needed to build the BRICK WALL/ENTRANCE WAY Planning Director Behrens explained that the Petitioner wishes to construct an entrance way with one section of wall on each side of the entrance to the subdivision being built to a height of 11'6". Mr. Chris Hine and Mr. Charles Sharman, M/I Homes, showed a diagram of the proposed entrance. After a discussion Commissioner Johnson, seconded by Mayor Dabbs, moved that the developer be allowed to construct the entrance wall with a 7' base on either side of the road with a peak to the height of 11'6". This is based on the interpretation of the Planner and the Attorney that it is a projection not intended for human occupancy and the Code can be interpreted in this manner without precedent setting. Motion carried with unanimous vote in favor. '-" '-" Page 4 Ocoee City Commission Regular Meeting August 7, 1990 '-'" PROPOSAL BY MR. H. ALLEN TO PURCHASE INDUSTRIAL TRACT City Manager Shapiro explained that the 4.09 acre tract (old sewer plant) in the Industrial Center had been offered for sale three times several months ago after being appraised at $123,000 and there had been no offers over $65,000. Mr. Homer Allen, 333 Enterprise St., has now offered $100,000 for the parcel. City Attorney Rosenthal said that the Code requires that if the fair market value of real property exceeds $100,000 a public hearing must be held. It was his opinion that the market has been tested and that Commission could conclude that the fair market value of the parcel does not exceed $100,000 and so Commission could proceed without having a public hearing, though nothing precludes having a public hearing if they should wish to. City Manager pointed out that, as Mr. Allen's property provides the only access to the parcel, it would be prudent use of funds to save the cost of the public hearing and get a better profit for the sewer rate payers. Commissioner Woodson moved to authorize City Manager and City Attorney to proceed with accepting the offer of $100,000 from Mr. Allen with the stipulation that the buyer will take care of getting rid of the old tank and other items on the property. Commissioner Combs seconded with the provision that the City Attorney assure him that no public hearing was necessary. City Attorney Rosenthal requested that the motion indicate whether or not a public hearing was desired and he said further that if a public hearing is not requested the sale would be based on the fair market value of the parcel not exceeding $100,000. Mr. Rosenthal then restated his opinion expressed at the beginning of this paragraph. Mayor Dabbs said that he felt the market had been tested and Commissioner Combs said to let his second stand. Motion carried with unanimous vote in favor. RESOLUTION NO. 90-04, "relating to the Florida Recreational Trails System as created by Chapter 260, Florida Statutes; providing for support and assistance to the Tri-County Chapter of Rails to Trails, Orange County and neighboring municipalities in efforts to acquire abandoned railroad lines and other properties necessary within the Apopka to Lake County railroad corridor for conversion of the corridor to a linear park system or "rail trail" park; urging the legislature of the State of Florida to appropriate funds for the purchase of the CSX owned portion of said rail corridor; providing that the municipality support the concept of a "rail trail" park by appropriate action and negotiations; and providing an effective date" was presented by title. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt the resolution and leave the appointment of a representative to the City Manager. Motion carried with unanimous vote in favor. City Manager Shapiro appointed Associate Planner Lisa Clarnan to represent the City in this project. ~ RECESS FROM 9:08 TO 9:16 ~ \....- '--' Page 5 Ocoee City Commission Regular Meeting August 7, 1990 RESOLUTION NO. 90-05, "adopting a new official zoning map; repealing all prior official zoning maps; providing for severability; providing for an effective date." was presented by title. City Manager Shapiro commended City Engineer Shira for a job well done in negotiating for this map which was to cost the City originally approximately $85,000, as the bid came out to be $28,000 and the actual cost came to about 80% of that amount. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt the resolution. Motion carried with unanimous vote in favor. RESOLUTION NO. 90-06, "establishing the City of Ocoee Senior Program; repealing all previous programs; establishing a committee to study methods of caring for the elderly and poor; providing for the future appropriation of any monetary savings; providing that the City of Ocoee Senior Program is subject to the annual appropriation of funds by the City Commission; providing for an effective date." was presented by title. Commissioner Combs, seconded by Commissioner Woodson, moved to adopt the resolution. Motion carried with unanimous vote in favor. FIRST READING OF ORDINANCES-Second Reading and Public Hearings are scheduled for August 21, 1990 ORDINANCE NO. 90-17, "amending the present Chapter 13 of the Code of Ordinances of the City of Ocoee, Florida, relating to occupational taxes; amending Sections 13.102(0), 13.3(b), 13.5, 13.7(c), 13.18(a), 13.19(a), 13.20, 13.27 and 13.52 to substitute the Building Official for the City Clerk with respect to matters relating to occupational licenses; amending Section 13.6 relating to the issuance of license tax certificates and notice to city departments; creating a new Section 13.21-1 of the Code relating to regulatory licenses; creating a new Section 13.21-2 of the Code relating to a legend to be placed on each occupational license; amending Section 13.3 of the Code by the addition of a new Section 13.3(m) regarding the Building Official; providing for severability; providing an effective date." was presented by title for the first reading. ORDINANCE NO. 90-18, "amending subsection 3.2 of Section 3 of Chapter II of Appendix "A" of the Code of Ordinances of the City of Ocoee, Florida to provide for review of zoning applications by the Planning Director; amending Subsection 5.2 of Section 5 of Chapter II of Appendix "A" of the Code of Ordinances of the City of Ocoee to provide that notice of certain public hearings before the Planning and Zoning Commission be posted on property; providing for severability; and providing for an effective date." was presented by title for the first reading. Page 6 Ocoee City Commission Regular Meeting ~ August 7, 1990 FISCAL YEAR 90/91 BUDGET MESSAGE City Manager Shapiro read the budget message for the fiscal year 90/91 for the record (see Exhibit "A" attached to these minutes) and announced the schedule for adopting this year's budget: 1) Workshops for August 15 and August 16 at 7:00 p.m. 2) Public hearings a. Adopting the Tentative Budget September 4 at 7:00 p.m. b. Adopting the Final Budget September 12 at 7:30 p.m. Mayor Dabbs asked about the impact fees and City Manager Shapiro said that the dollars will be collected before they are spent. Mayor Dabbs also noted the need for a broadcast microphone. City Manager Shapiro said that there is a $180,000 contingency fund from which the Commission may choose to purchase that system. Commissioner Combs expressed his appreciation that City Manager Shapiro has moved the Over 65 Program cost out of the Sanitation Fund and into the General Fund. '-' EMERGENCY RESOLUTION NO. 90-07, COMMUNITY DEVELOPMENT BLOCK GRANT Mayor Dabbs announced that he had received correspondence on August 6 from Orange County regarding the Community Development Block Grant Program for fiscal years 1991, 1992 and 1993 which requires a response before August 14 and so the matter must be considered at this meeting. Pursuant to the City Charter provision which authorizes the Mayor to add emergency items to the agenda, Mayor Dabbs declared Resolution No. 90-07 an emergency item for consideration at this time. Mayor Dabbs, seconded by Commissioner Johnson, moved to adopt Resolution No. 90-07. Motion carried with unanimous vote in favor. STAFF REPORTS City Manager Shapiro advised received a report that Ocoee is 10,000 population in the State that the Police Department has the 6th safest community with over of Florida. COMMENTS FROM COMMISSIONERS Commissioner Johnson 1) Asked about the right-of-way on Adair Street. City Attorney Rosenthal and City Engineer Shira will report at the next meeting. 2) Said that the Pioneer Key Park parking spaces are still an issue. City Manager Shapiro said that research will be done to determine when/whether the City accepted the streets when they were offered. 3) Wants the people shopping center parking 4) Asked if it is more or two times a week. responsible for the cleanliness of the lot to take care of it. cost effective to deal with recyclables one '-' ............ Page 7 Ocoee City Commission Regular Meeting August 7, 1990 Commissioner Woodson 1) Reported that the Senior League Field fence is down again. 2) Feels that we should go to Washington re: postal boundaries, and wants to ask Florida League of Cities to help. City Manager Shapiro advised that most cities are benefitting from the current handling and so we should not expect the League to help. Planning Director Behrens suggested inviting the Postmaster General to visit us. Mayor Dabbs said that he will write letters to the League and also invite the Postmaster General. 3) Thanked the Police Department, Sanitation Department, and Parks, Parkways, Trees and Drainage Department for doing a good job. Commissioner Combs 1) Suggested that Program Committee be City Manager Shapiro 2) Mentioned the intersection. 3) Reported horseback riders leave 4) Food Lion parking lot is trashy the same members who served on the Over 65 considered for the Senior Program Committee. said that was his intention also. need for a turn signal at Bluford/McKey a trail on White Road. but the store is all right. ~ Mayor Dabbs 1) Reminded all that tonight is National Nite Out when citizens are to leave their outside lights on from 7:00 to 10:00 p.m. and go outside to talk to neighbors. 2) Advised that Bea Meeks has requested that Mr. Holtzclaw be remembered by naming a street for him. 3) Thanked the team that served dinner to the Council of Local Governments last week. 4) Asked City Attorney Rosenthal if we can spend city dollars to promote Amendment #3 on the ballot and Mr. Rosenthal said no, that we can educate but cannot take sides. Mayor Dabbs then asked the Commissioners to give personal funds ($20.00 each) which they did. 5) Asked if we can invite the county chairman candidate to speak and City Manager advised that would not be appropriate. ADJOURNMENT The meeting adjourned at 10:14 p.m. '-' ***EXHIBIT A ATTACHED TO THE CITY COMMISSION MINUTES OF AUGUST 7, 1990*** MEMORANDUM '-- TO: The Honorable Mayor and Board of city Commissioners FROM: Ellis Shapiro, City Manager DATE: August 1, 1990 RE: BUDGET MESSAGE FY 90/91 Last year, we made the necessary preparations to face the growth period that our community is clearly in today. I believe that a strong partnership has been formed between the City Commission, the City employees, and our residents that will see our community through all the difficult decisions that come along with growth. With your help we have created a strong career system for our employees that has resulted i~ a turnover rate of below 5%, a far cry from the 20% tu~nover rate of a few years ago. Along with stability, we have been able to h~re qualified personnel in key positions that will make the growth eas~er to handle. We stand poised to start the busiest year in our history. Projects s~ch as Clark Road construction, sewer plant expansion and a new water plant ~n the south end of our City are just a few of the many capital improvements we will accomplish in FY 1990-91. If I may, I would like to discuss each fund in general to give you an overview of their status. General Fund The general fund budget is proposed to you at $5,766,750,which is an increase over the current year of 28.06%. The major factors for th~s increase include: a 4% inflation rate, higher health insurance rates, a strong revamping of our pension plan, a G.I.S. mapping system, and ten (10) additional employees. ~ Even with the increase in the general fund budget of 28%, I am pleased to announce that the tax rate is not proposed to change this year. The majcrity of revenue increases come from the growth revenues such as building permits, license fees, franchise fees, and utility tax rates. I am pleased to report that we again anticipate that the general fund budget shall end with retained earnings well over $100,000. Sanitation Fund The significant change in the sanitation fund this year is our move out of the commercial garbage business and into the recycling process mandated by state law. We anticipate an increase of 3.65% over last year's budget with the fund set at $714,000. As we review the success of the private commercial garbage haulers, we will see if a decrease in the rates to our residential customers is possible later this coming year. I can report to you that this fund will again be in the black. Water Fund The water fund is proposed at $1,099,600, an increase of 2.7%. Included in this budget are two new employees to assist with meter and line installations. Like all other funds this year, I am pleased to report that a small amount of retained earnings is anticipated by year end. Sewer Fund The proposed sewer fund is $1,249,000. This represents an 8.9% increase over last year. We are proposing two additional personnel in this fund again associated with growth. Again, this fund shall show retained earnings for FY 89-90. In conclusion, our proposed combined budget represents a conservative approach to what is to be the busiest year in our community's history. While we have capital improvement projects of well over 10 million dollars, we have proposed no increases in our millage rate, sanitation rate, or sewer rate for the coming year. ~ I would like to thank Ivan Poston, Finance Director, and his staff including Teri Batts, Susan Swilley, and Martha Gianitsis, for all the hard work they have put into this proposed budget. Respectfully SUOmitted, Ell~ City Manager