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HomeMy WebLinkAbout11-05-91 ~ MINUTES OF THE OCOEE CITY COKKISSION REGULAR MEETING HELD NOVEMBER 5, 1991 The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Dabbs at 7:30 p.m. in the commission chambers. Commissioner Woodson led in the prayer and pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, Administrative Director Beamer, Planning Director Behrens, Public Works Director Brenner, Building and Zoning Official Flippen, City Engineer/Utilities Director Shira, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Laurie Kalec, West Orange High School Cheerleader, requested financial assistance to attend and compete in the National Cheer leading Association Finals in Dallas, and also requested permission to return before commission on January 5, 1992 to report on the results. Commissioner Combs, seconded by Commissioner Woodson, moved to grant her $300. Motion carried with 3-2 vote in favor with Commissioner Foster and Mayor Dabbs voting no. Proclamation - Mayor Dabbs proclaimed November Hospice Month. \w. CONSENT AGENDA The proposed consent agenda consisted of items A, B, and C. Commissioner Combs, seconded by Commissioner Foster, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. A. Acceptance and Approval of Minutes of Regular Commission Meeting of October 15, 1991 and Special Session of September 12, 1991 B. Approval and Authorization to Execute Amendment Number 1 to the Historic Preservation Grant Award Agreement Relative to the Withers- Maguire House C. Approval and Authorization to Execute Letter of Agreement with Division of Historical Resources Relative to Withers-Maguire Grant COKKENTS FROM CITIZENS/PUBLIC Mr. Milhem Ashy, 610 Caborca Court, owns Ocoee Coin Laundry and has been given an eviction notice from the business location by Dr. Costantino because of the high number of ERU's calculated for his business. Mr. Ashy asked that City representatives meet with him and Dr. Costantino in order to ameliorate the situation. Mr. Ashy thinks also that he may be being charged for the empty units in the shopping center. Mayor Dabbs declined, advising that Commission cannot mediate in a citizen dispute. City Attorney Rosenthal concurred, saying that theirs was a contract ural relationship and a private matter, and that Commission could only explain the City's position. '-' PUBLIC HEARINGS Continued from August 6, 1991: Westridge - Substantial change to Land Use Plan The public hearing which was opened on August 6 and continued to this date was reopened. City Manager Shapiro advised that the Planning and Zoning Commission and Development Review Committee have not seen anything other than the plan that was presented at the August 6th meeting, and so if the developer should present a different plan he recommended that they be sent back to the starting point. '-' Page 2 Ocoee City Coamission Regular Keeting November 5, 1991 '-' Planning Director Behrens said that, although the developer had stated they would come in with a revised plan after the August 6 meeting, they had not done so and the present recommendation was to deny without prejudice to allow the developer to sell a portion of the property, redesign the plan and come back before the Planning and Zoning Commission and Development Review Committee before presenting a revised plan to the City Commission. However, the developer has come up with a different proposal over the weekend and wished to be heard. Mr. Gifford Anglim, 425 W. Colonial Drive, Suite 2103, Orlando, spoke for the developer and said they are presenting the same plan and asked that it be approved subject to certain conditions: that the 50' lot size be changed to 60' lots and the requested 5' side set back be changed to 7 1/2'. Mr. Anglim stated further that the issue of the 5 acres has been resolved and the sale made, and that the transfer of ownership will be made. After a discussion regarding the ownership of the 5 acres and its relevancy to the issue, City Attorney Rosenthal said that the zoning will probably go from PUD to unclassified and then a new land use plan would be adopted at that point in time. The density in units would or could then be reduced proportionally. City Planner Behrens said that he wanted to be sure the density is taken care of. Mr. Anglim said that they had come to the terms he presented just today and had executed applications to the City to allow Plantation Grove to move the 5 acres from the Westridge PUD and add it to the Plantation Grove PUD, in which case the zoning would remain PUD. Mr. George Allen, 7500 Trouble Creek, Dallas, Texas, one of the principals involved, said they had worked very hard to solve this problem and would appreciate the City's help so that they could get on with the project. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked several questions regarding lot size and the square footage of the lots. The public hearing was closed. Commissioner Foster, seconded by Commissioner Johnson, moved to deny the amendment to the Land Use Plan without prejudice. Motion carried with unanimous vote in favor. '-" Resolution No. 91-24, establishing the uniform lIethod of collecting capital charges for those in the M << K Service Area Resolution No. 91-24, "a resolution of the City of Ocoee, Florida declaring its intent to utilize the uniform method for the levy, collection, and enforcement of non-ad valorem assessments for the connection of certain residents and commercial properties to the City of Ocoee Municipal Wastewater Collection and Treatment System as provided for in Section 191.3632, Florida Statutes." was presented by title only. City Manager Shapiro explained that this document speaks to the methodology to be used and requires a public hearing to pass. It does not speak to the cost to the consumer. Mr. Shapiro explained that staff is reviewing the history of the accounts in an effort to reduce the cost and recommended that this hearing be continued to another meeting time so that the research can be completed. Administrative Services Director Beamer gave the background of the M & M Utility, saying that the M & M Utility, privately owned and under the control of the Public Service Commission, was not adequate for the flow and in need of repair when the owner abandoned the plant. A receiver was appointed by the court and in November of 1990 the 9th Judicial Circuit Court granted fee simple title to the property and required the City to connect those in the M & M Utility Service Area to the City's wastewater treatment plant within one year. Orange County's Community Development Block Grant funding has provided '-" ~ ~ Page 3 Ocoee City Commission Regular Meeting November 5, 1991 monies for the construction of the lift station and force mains as well as for the demolition of the existing plant. The assessment of the individual property owners for their share of the treatment plant capital expansion and off-site sewer transmission system is necessary but staff has concern that this is a burden to citizens who already have paid for connection to the system and will try to find a way to reduce the rate. The public hearing was opened and several ci tizens asked if the charges could be spread over monthly payments. Commissioner Woodson, seconded by Commissioner Johnson, moved to continue the public hearing to November 19, 1991 at 7:30 p.m. or as soon thereafter as practicable. Motion carried with unanimous vote in favor. RECESS 8:47 P.M. TO 9:05 P.M. OTHER BUSINESS Water Service Territory Boundary - St. Paul's Presbyterian Church Pastor Bryan Stamper, 5225 Alhambra Drive, Orlando, speaking for St. Paul's Presbyterian Church, explained that they have bought property located south of Highway 50 and east of the East/West Expressway to erect a new sanctuary. Although within the city limits, the City of Ocoee water line does not extend across either roadway, and getting a line there would be very costly. However, Orange County has a water line within easy access to the parcel. St. Pauls is requesting that they be allowed to connect to that existing Orange County water main. Staff position is that the recent similar experiences with Orange County have been negative. After a discussion regarding the cost/advisability/expected cooperation/history of similar dealings with Orange County, Commissioner Combs recalled that Commissioner Vera Carter had asked the City to service BellMere (400 ERU's) and promised to swap off when the City had a need. Mayor Dabbs objected to any trade in the absence of a written agreement with Orange County. Commissioner Woodson, seconded by Commissioner Combs, moved to delete the subject property from the City's water lines and add it to Orange County service area. Motion carried with 3-2 vote in favor, with Mayor Dabbs and Commissioner Johnson voting no. City Attorney Rosenthal said the next step is an agreement with Orange County and church representatives should be in touch with staff. Appointment of Consultant Selection Committee: Stormwater Utility After a brief explanation by Adminis trati ve Services Director Beamer, Mayor Dabbs, seconded by Commissioner Combs, moved to appoint Commissioner Foster to the committee, along with City Engineer Shira, Administrative Services Director Beamer, Public Works Director Brenner, and Planning Director Behrens. Motion carried with unanimous vote in favor. Appointment of Selection Committee: Kissimmee Avenue Vater Plant Improvements After a brief explanation by City Engineer Shira, Mayor Dabbs, seconded by Commissioner Foster, moved to appoint Commissioner Combs to the committee, along with City Engineer Shira and Administrative Services Director Beamer. Motion carried with unanimous vote in favor. Resolution No. 91-22, relating to the reconciliation of FY 90-91 Budget Accounts "authorizing the transfer of funds between departments for the fiscal year 1990- 91; providing for severability; providing for an effective date." was presented by title only. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Resolution No. 91-22 as presented. Motion carried with unanimous vote'n favor. '-' Page 4 Ocoee City Commission Regular Meeting Noveaber 5, 1991 Resolution No. 91-25, in support of channel dredging - Starke Lake "resolving to support the channel dredging of Starke Lake as a safety improvement project" was presented by ti tIe only. Commissioner Combs requested that the Sleepy Harbour residents be advised that this dredging will be scheduled, as they were concerned that it should be done. Commissioner Foster, seconded by Commissioner Combs, moved to adopt Resolution No. 91-25 as presented. Motion carried with unanimous vote in favor. First Reading of Ordinance-Second Reading and Public Bearing is scheduled for Bovember 19, 1991 Ordinance Bo. 91-30, Case No. 1-9R-91:Auto Auction, relating to the "rezoning of certain lands located in the City of Ocoee by changing the zoning classification from "R-3, Multiple-Family Dwelling District" to "C-3, General Commercial District" on certain real property located on the south side of Story Road and 1200 feet west of Kissimmee Avenue, as petitioned by the property owners; providing for and authorizing the revision of the Official City Zoning Map; repealing inconsistent ordinances; providing for severability; providing an effective date." was presented by title only for the first reading. STAFF REPORTS City Attorney Rosenthal reported that he is sending a memo regarding the Charter requirement for a single-member district committee to be appointed by the Commission between November 15 and December 15, 1991. City Manager Shapiro ~ advised that funds have been put in the budget to hire a university team to do the work and their findings with several options will be submitted to the committee for their review. The committee will present the choice options to Commission for final decision. City Engineer Shira reported that Clark(e) Road construction has begun. (today) COKKENTS FROK COKKISSIONERS Commissioner Woodson reported that Thanksgiving Day will be a 2-day holiday for City employees on Thursday and Friday, and there will be no garbage pick-up service those two days. Commissioner Woodson also thanked all for re-electing him by not running against him. Commissioner Combs advised that the Christmas parade is scheduled for December 7 at 10:00 a.m. and he also thanked Mayor Dabbs for addressing Kiwanis this morning. Commissioner Foster announced the Thanksgiving dinner being served to the needy on Tuesday, November 26 in the afternoon at the Community Center. Couissioner Johnson reported that Janet has asked all commissioners to wear blue blazers to the Clark(e) Road groundbreaking on November 13 at 11:00 a.m. and he reported also that the TV drawing for the Marilyn Calvert Liver Transplant Fund was held and the winner was present with his truck. ....... Mayor Dabbs reported that the Orange County redistricting committee had presented several options showing the City of Ocoee divided into two districts but that he believed they have settled on a plan to keep Ocoee in one district. ...... '-' '-" Page 5 Ocoee City Commission Regular Meeting Nove.ber 5, 1991 ADJOURNKDT The meeting adjourned at 9:45 p.m. Approved: City of Ocoee