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HomeMy WebLinkAbout11-19-1991 '-" '-' '-" KINUTES OF THE OCOEE BOARD OF CITY COKKISSIONERS REGULAR MEETING HELD NOVEMBER 19, 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. After leading in the prayer and pledge of allegiance, Mayor Dabbs called the roll and declared a quorum present. He then announced the results of the Canvassing Board meeting held at 6:50 this evening and the swearing in of Commissioner Woodson in a brief ceremony immediately following that meeting. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Planning Director Behrens, Public Works Director Brenner, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAKATIONS - None CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, F, G, H, I, J, and K. City Attorney Rosenthal pointed out that items F, G, H, and K should include the phrase "authorizing execution thereof by the Mayor and City Clerk"; and that certain revisions to item B have been made confirming references to the Whitehill Subdivision plans in terms of what the developer can use fill for and some dates have been plugged in regarding project completion which tie in with the Clark Road construction schedule. The amount of fill the developer will be able to keep will be inserted at a later date. It was determined that this item could be left on the consent agenda with the City Clerk substituting the revised agreement for execution. Commissioner Woodson, referring to item A 2 (Old Minutes from 1988), asked that the record reflect that he was not on the Commission at the time those meetings were held and that his vote would be simply to accept those minutes, as he is not in a position to vouch for their accuracy. Commissioner Johnson asked for some clarification on item E as to the cost of the Hubbard Tract, as he felt the quoted price for the adjacent land was very high, and he pulled item J as he wished to add a name for consideration on the Redistricting Committee. Commissioner Combs, seconded by Commissioner Woodson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. A. Acceptance and Approval of Minutes 1. Reaular Commission Meeting of November 5, 1991 and Joint Meetina with P&Z Minutes of November 2, 1991. 2. Old Minutes from 1988: Reaular Meetinas of Auaust 16, December 20, Workshops: Auaust 30, September 22, October 6, December 20 Special Sessions: Auaust 30, September 22, September 27 (2) and November 7 Reaular Meetina January 17, 1989 B. Acceptance and Authorization to Execute Amendment to Development Aareement and Drainaae Easement Aareement with Whitehill Group, Ltd. C. Approval and Authorization to Use $149 of Forfeiture Fund to Purchase VCR for Police Trainina Sessions. D. Approval and Authorization to Use $797.50 of Forfeiture Fund to Purchase Voice Surveillance Equipment for Police Department. E. Approval of 3.309 Acre Additional Property Purchase at 240 Acre Effluent Disposal Site from BML Investments, PRN Investments, and Jerome Feinstein for Appraised Value of $50,000, Authorization to Prepare Necessary Papers, and Approval of the Expenditure from Acct. No. 304-535-6302 for Purchase Price Plus Closina Costs. ~ Page 2 Ocoee City Commission Regular Meeting November 19, 1991 F. ml1.PPIClya I ~!lg l1.tit hori~a, tj on JClt ,l1.:r:~llit~~J!!rma,l_.~_~Xyj,_~~~_lClLX!J:jl.~.rE= !iClg-"Ltt~,JIQ !!~.~_L, y~jJ,ging _~__~J:',Cl.YCl~!___ ~9Jlil.".a c ~_$}Q L~.Q,~L!I: i t lL~Q. d_~,tiCl!!a,J ~&~!IlP~rl)al:l ~_~l)".N9J:--:.tQ-=_~~~~~<L.$~Q9.~. <7_,,-_l1.P.P_:t:...Cl_Y.<iL.<i.!lQ._ A u t hQr ~_a,.t iQn f oI.:_Y~HQ.j ng~_J'.!"9_Vo_~.L W ()I1L Or d ~_z:..,N().!...1.L ~x. i.~_ti. Il ~.,~()Il..<:1:i,J !QJ:LJ2Q ~~Ill~!lJ.<iti().!l. ..N ClJ:::t() --:~x. ~~~Q.. _$.~(,QQ.Q_, ..!I.ith ~~i!lll:>_~I."~a,p.1~!3__N.9t -t.()- ~x._~~.e<!..,_$.8_Q..Q.!_ H. . ApprJ)YClL(iIl.<:1A\ltllg:r:t~~tt()Il__m~Cll.".Y_~tl<ti,J:lg.~_.Ero_y"o~L W()l.".JtQz:.g._~r ,I'iIQ.!..~l ~J:'.9~I."a.!IL Ii.!La 1 t~ Cl. 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Appointment of the Following Citizens to City Redistricting Committee: Commissioner Combs Nominates Bill Stebbins, Commissioner Foster Nominates Ann Dunnaway, Commissioner Woodson Nominates Cathy Doss. ~ Commissioner Johnson nominated Phillip Pauline, 1011 Ruth Jordana Court, and Mayor Dabbs nominated Bill Breeze, 351 S. Lakeshore Drive, to serve on the Redistricting Committee. Commissioner Woodson, seconded by Commissioner Combs, moved to approve all the nominations listed above for the Redistricting Committee. Motion carried with unanimous vote in favor. COMMENTS FROM CITIZENS/PUBLIC Mr. R. P. Mohnacky, 1820 prairie Lake Boulevard, expressed concern that the City might be spending money without striving for the lowest cost. '-' PUBLIC HEARINGS Second Reading of Ordinance Ordinance No. 91-30, Case No. 1-9R-91:Auto Auction, "rezoning 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. Planning Director Behrens read the staff report and introduced Mr. Ludwig Spiess 1 , who was present to represent Florida Auto Auction. City Attorney Rosenthal pointed out that this is the first rezoning to come before Commission under the new Comprehensive Plan and that Planning Director Behrens had found this rezoning request to be in agreement with the Comprehensive Plan and with the new land use element contained therein. Commissioner Combs asked for a definition of "pervious" and Mr. Behrens explained that a pervious surface allows water to go through to the soil and that type of surface would be suitable for a church parking area where vehicles are parked only one or two days a week, but that a paved surface would be more desirable for a business such as Florida Auto Auction so that the run-off could be routed '-w Page 3 Ocoee City Commission Regular Meeting Noveaber 19, 1991 through a retention/filter area before allowing the water to go into the aquifer. The public hearing was opened. Mr. Spiessl spoke briefly, saying that the approval of rezoning had nothing to do with paving but that, as the question had been raised, he wished to make it clear that their intent was not to pave the whole parcel, only the most closely associated ten acres. The public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to approve the rezoning as requested and adopt Ordinance No. 91-30. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye". Motion carried. '-' Resolution No. 91-24, establishing the uniform method of collecting capital charges for those in the K & K Service Area, "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 197.3632, Florida Statutes" was presented by title. City Manager Shapiro explained that this public hearing was continued from the November 5 regular meeting to give staff an opportunity to search for a way to reduce the ERU price. Administrative Services Director Beamer reported that they had reviewed Orange County's and other municipalities' methods, and found that Orange County uses an ERU determination that contemplates the demand by the number of bedrooms. Using a base of a single-family residential unit for 1 ERU a comparison is then made as to the difference in flow between a single-family home and different types and sizes of other residential structures. For a mobile home of one or two bedrooms and a multi-family (one bedroom), the differential factors become 0.667 and 0.583 respectively. Further analysis showed that the accounts in the M & M Service Area were consistent with the Orange County norm and the use of those factors on the ERU charge of $2535 would yield $1691 for a residential/mobile home of one or two bedrooms. Spreading this amount over a ten year period at 8% interest, the annual payment would be $182.63. For the 34 unit Crown Point Apartments, (using the 0.583 factor for one bedroom) the total assessment would be $50,248.94 with an annual payment of $5,426.89. Ms. Beamer said that if this method is adopted it will be necessary to amend the Water/Sewer Ordinance to reflect this change. Ms. Beamer reported that the Tax Collector does have a quarterly payment plan which a citizen may initiate by submitting a card to the Tax Collector by May 1, 1992. In looking toward the scheduling for the assessment Ms. Beamer said that the public hearing for the adoption of the non-ad valorem assessment should be held on a night other than a regular meeting night. Ms. Beamer noted that there is a small change in Section 5 of Resolution No. 91- 24 in that sentence "Each New Customer shall receive..." which is now "Each New Customer has received...". The public hearing was opened. Mr. Bill McLeod, Attorney, P.O. Box 950, Apopka, 32704, asked for clarification on the dollar amounts in the process just discussed. It was explained that the figure quoted is the highest figure anticipated for one ERU after credit has been given for lands owned by M & M Utili ties which have been conveyed to the City. The calculation for one ERU is not changing but the City will subsequently consider an ordinance which will say that a mobile home trailer does not use one ERU but rather a fraction of one ERU. After completion of the entire project and after all the bills are paid, there will be an assessment roll which will be given to the City Commission which will outline the assessment for each parcel within the service area. At that time Commission will listen to any adjustments needed. Mr. '-' "-' Page 4 Ocoee City Commission Regular Meeting November 19, 1991 ~ McLeod asked about the availability of the bond documents referred to in the resolution and he was advised that they are available to be read in the City Clerk's office. Mr. McLeod asked if the capital charges are specifically used to payoff the bond indebtedness and the response was that those monies are used to create the treatment and disposal capacity to serve the new customers. The customers in the M & M Service Area had wished to be connected to the City facility free of charge because they had already paid to be connected to the M & M Utility and that is not possible. Mr. McLeod asked about the legal action regarding the acquiring of the utility. Mr. Rosenthal explained that the owner of M & M Utilities had abandoned the facility and the City of Ocoee had protested any efforts to be appointed as a receiver and subsequently Southern States Utilities was appointed as a receiver by the Court. Since then the City of Ocoee has entered into negotiations with Southern States Utilities in order to take over the customers. Had those negotiations not been successful, these customers would have been subjected to substantial rate increases because Southern States Utilities has been operating at a loss and would have gone to the Public Service Commission requesting authority to raise the rates. City Manager Shapiro explained that Southern States Utilities had also announced that they would need a larger service area in order to function successfully. In a conference with Southern States Utilities and the Public Service Commission, the PSC concluded that the least expensive cost to the consumer would be for the City to take over the facility's customers and the PSC used their enforcement powers to pursuade certain corporations to convey certain assets that could be used as a credit to the connection fee. The PSC was aware of the bond requirements. There were no further remarks from the audience and the public hearing was closed. Commissioner Foster, seconded by Commissioner Combs, moved to (1) authorize staff to begin review of classifications in the existing Ordinance relating to water and sewer; (2) accept Section 197.3632, Florida Statutes, as the method of levy, collection, and enforcement; (3) adopt Resolution No. 91-24 with the revisions to Section 5 as noted in the Administrative Services Director's memorandum dated November 5, 1991. On roll call Commissisoner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye". Motion carried. Commissioner Combs, seconded by Commissioner Johnson, moved to approve the agreement with the Orange County Property Appraiser providing for reimbursement of necessary administrative costs incurred by that entity in collecting non-ad valorem taxes for the City and to authorize execution by the Mayor and City Clerk. Motion carried with unanimous vote in favor. Commissioner Johnson, seconded by Commissioner Combs, moved to approve the agreement with the Orange County Tax Collector providing for reimbursement of necessary administrative costs incurred by that entity in collecting non-ad valorem taxes for the City and to authorize execution by the Mayor and City Clerk. Motion carried with unanimous vote in favor. Commissioner Woodson, seconded by Commissioner Foster, moved to set August 11, 1992 at 7:30 p.m. for the public hearing for adoption of the non-ad valorem assessment role. Motion carried with unanimous vote in favor. '-" '-' Page 5 Ocoee City Commission Regular Meeting November 19, 1991 OTHER BUSINESS First Reading of Ordinance No. 91-31, "relating to special events; creating Chapter 34 of the City of Ocoee Code to be known as the Special Events Ordinance; providing purposes; providing definitions; providing requirements; providing exceptions; providing procedures for the permitting of special events; providing requirement for fireworks display; providing for posice protection; providing for fire protection and emergency medical services; providing for standards of issuance; providing for notice of rejection; providing for appeal procedure; providing for notice; providing for duties of permittee; providing for revocation of permit; providing for indemnification; providing for state law requirements; providing for severability; providing for codification; providing an effective date." was presented by ti tle only for the first reading. The second reading and public hearing are scheduled for December 3, 1991. STAFF REPORTS - none COKKENTS FROM COMMISSIONERS Commissioner Woodson reported that he had attended Banker's Congressional Subcommittee meeting. Commissioner Combs announced that the Kiwanis golf tournament lS scheduled for December 8. ~ Commissioner Foster found it interesting that Commissioner Woodson appeared before the Bankers Congressional Committee in the morning and the stock market fell in the afternoon. He also announced that prepackaged take-out Thanksgiving dinners are to be picked up by those with tickets on Tuesday, November 26 at the community center. Commissioner Johnson said he has already reported Food Lion's big signs to Public Works Director Brenner and they will be taken care of. A golf tournament at Rosemont will be held Saturday benefitting West Orange High School baseball. He also announced that W. T. Bracewell passed away this week. The Ocoee Rent-a-Choir sang Happy Birthday to Commissioner Foster. ADJOURNMENT The meeting adjourned at 8:35 p.m. Approved: ....