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HomeMy WebLinkAbout12-17-91 ,..,. IIIlIUTlS OF THE OCOEE BOARD or CITY COIllfISSIORRS REGULAR KElTIRG HELD DICEllBIR 17, 1991 The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor pro tem Johnson at 7:45 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 pro tem Johnson, Commissioners Combs, Foster, and Woodson. Also present were City Kanager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Ingineer /Utili ties Director Shira, Planning Director Behrens, Public Works Director Brenner, Building and Zoning Official Flippen, City Clerk Grafton, and Deputy Clerk Green. (Kayor Dabbs arrived at 8:33 p.m. following a mandatory school board meeting. He chose not to take the Chair. ) Absent: None PRISIln'ATIORS ARD PROCLlllATIORS A Certificate of Achieve.ent for Excellence in Financial Reporting for fiscal year ended September 30, 1990 was awarded to the City of Ocoee by the Government Finance Officers Association of the United States and Canada. Kayor pro tem Johnson presented a plaque to Finance Manager Ivan Poston and congratulated him and rinance Department staff members: Martha Gianitsis, Teri Batts, Karen Murphy, Lisa Strickland, and Patti Srofe. Mr. Poston said that the staff members had made this award possible and gave credit to the City's CPA firm, McDirmit Davis Company, for their assistance in helping the City to receive this award for the ~ past three years. IIr. Ji. Tho.as, 15668 West Highway 50, Winter Garden, Acting President of the Steering Committee for Friends of Lake Apopka, addressed the Commission to enlist their further support for clean water in Lake Apopka. He explained the need for a strong, organized and well-informed'citizen's advocacy group to guarantee that every effort is made to continue progress in restoring the lake. He asked that the City of Ocoee lend credibility to the group by becoming a charter member and a corporate sponsor. He asked the Commissioners to give advice and to attend the kick-off meeting at Tanner Auditorium, Winter Garden, on January 14th at 7:30 p.m. ~ Dr. Villi.. Serow, Director, Center for the Study of Population, rlorida State University - re: Drawing Single lIeuer Districts. City Manager Shapiro introduced Dr. Serow and explained that he was here for a presentation and, if the contract with him on the Consent Agenda (Item III F) is approved, to meet with the Districting Commission tonight. Dr. Serow said he wished to briefly explain what he viewed their role to be and to answer Commissioners' questions. He explained the process of drawing districts basically requires: 1 - Census, 2 - An up-to-date map and 3 - Local input about the wishes, desires and objectives of the citizens. He said the process will consist of matching census geography with municipal boundaries and, with the help and cooperation of the Districting Commission, devising a set of three alternative districting plans that are consistent with the criteria that will be incorporated in the contract, if issued. Criteria are: 1 - Volume population statistics - the four districts must be as equal in size in total population as is possible; 2 Compactness/contiguity of districts; 3 - rollow major boundaries - i.e. streets, lakes, etc.; 4 - Maintain integrity of voting precincts to the extent possible; '-' '-' ~ Page 2 Ocoee City Co..ission Regular Keeting Deceaber 17, 1991 5 - Maintain integrity of communities of interest. The plan of action would be to meet with/work with the Districting Commission to provide a set of three alternative districting plans to the City Commission by the 26th of February. He said that if the contract is forthcoming in the near future, he expected no problems in providing the plans by that date. In response to Commissioners' questions, Dr. Serow explained that the census data could be precisely matched to current City boundaries so that non-Ocoee zip codes for City residents would not be a problem. He explained that Florida State University has one of three graduate programs in the United States in demography. The population program at the University of rlorida is designed primarily to provide population projections for counties and municipalities. He also explained that adjusting for varying densities of population in the area would not be a problem, and they will rely on the Districting Commission to point out natural ties of interest between groups of people that they would not know about otherwise. Mayor pro tem Johnson commented that in addition to their vote for Charter Revision in 1988, the citizens had approved single member districts to be effective in 1992 and that is why we are at this point now. CORSIIT AGDDA The proposed consent agenda consisted of items A, B, C, D, E, r, G, H, and I. A. Acceptance and Approval of Minutes of Regular Commission Meeting of December 3, 1991, Special Joint Session with Orange County Commission on January 15, 1991, and Joint Workshop with P & Z, Bd. of Adjustment, and Code Enforcement Bd. of March 19, 1991. B. Acceptance and Authorization for the Kayor and City Clerk to Execute F .D.O. T. Utility Relocation Agreement for Bluford/Geneva Intersection. C. Approval and Authorization for the Utilities Director to execute Change Order 12 in the amount of $4,612.85 for South Water Plant. D. Approval and Authorization for the Utilities Director to execute Change Order 13 in the amount of $1,724.42 for South Water Plant. E. Approval and Authorization for the Expenditure of $5,327 for the only Change Order for M & M Utilities. r. Approval and Authorization for Mayor and City Clerk to Execute Agreement for Districting Services with Dr. William Serow, rsu Center for the Study of Population. G. Approval and Authorization for Mayor and City Clerk to Execute Developer's Agreement with ZOM Silver Glen, Ltd. H. Approval and Authorization for Mayor and City Clerk to Execute Aaendment to DOT Contract IB-4828. I. Approval and Acceptance of Case No. 91-005:Twin Lakes rorest Addition-Final Engineering Subdivision Plans. Commissioner Woodson posed a question about Item F, asking if it would be possible for the Districting Commission to do the work without spending the $10,000.00. Mr. Shapiro responded that they would have no way of extrapolating the necessary information and added that staff could not do it due to preparation of Land Development Regulations. Commissioner roster moved to approve the consent agenda as presented. Couissioner Combs seconded, and the motion carried with unanimous vote in favor. ~ Page 3 Ceoee City Coaaission Regular Xeeting Deceaber 17, 1991 Note: At this time City Clerk Grafton was excused to attend the meeting of the Districting Commission. COIIIIBITS BOX CITIZDS/PUBLIC City Manager Shapiro suggested that the Board of City Commissioners schedule a "village meeting" about Sanitation for citizens to air their views and complaints, for staff to help the citizens to get an idea of our problems, and together, to come up with a solution. A Sanitation Work Session was scheduled for Tuesday, January 7, 1992 at 6:00 p.a. ~ Harold Switzer, 609 E. Lakeshore Drive, shared the following observations: 1 - A trash pile had remained on Orlando Avenue between Sleepy Harbour Drive and E. Lakeshore Drive for five months. He asked that it be removed. 2 - "No trucks" signs on Orlando Avenue are not preventing South Lake Trash Company from using the street three or four times a day. 3 - At 9:30 this morning, he had found only three parking places in the City Hall parking lot. It appeared that City vehicles and employee vehicles were leaving few parking spaces for those who were coming to City Hall to transact business. 4 - On rriday two weeks ago between 9:30 a.m. and 9:45 a.m. at the bank drive- through window he had seen two City trucks with two City employees in each. A short time later he had seen five City workers at 7/11. 5 - Signs around the lake which read, "Lake Patrolled by Police Department" are faded. He asked that the signs be replaced because they are effective. 6 - He had worked with Buddy Elmore in helping to get the City on the lake-watch program in which volunteers monitor the quality of water in the lake. He asked if it was still in effect. Mr. Shapiro directed Ray Brenner to check into the trash on Orlando Avenue and the lake-watch program. R. P. Xohnacky, 1820 prairie Lake Boulevard, asked for "no garbage pick-up" information to be included on the water bill each time service will be interrupted. Ben Griffin, 345 S. Lakeshore Drive, commented that the garbage "dump" in front of his house had been cleaned up. '-' PUBLIC IIDIlDGS Second Reading of Ordinances Ordinance Ro. 91-32, Case Ro. 1-1-0R-91:Security First, "rezoning certain lands located in the City of Ocoee by changing the zoning classification from 'u, Unclassified' to 'C-3, General Commercial District' on certain real property located at the Northeast corner of S.R. 50 and Marshall rarms Road, as petitioned by the property owners, providing for and authorizing the revision of the Official City Zoning Kap; repealing inconsistent ordinances; providing for severability; providing an effective date." was presented by title only. Planning Director Behrens read the staff report. Staff recommended approval of C-3 zoning for the parcel. Planning and Zoning Commission felt C-3 was too intense a use and recommended C-2 zoning by unanimous vote of 5-0. Attorney Rosenthal pointed out that to the extent the property is zoned commercial under the future land use plan, the property owner would be entitled to a commercial '-' Page 4 Ocoee City C~ission Regular leeting Deceaber 17, 1991 zoning classification, but not necessarily C-3. The Commission may approve or disapprove C-3, but the applicant would need to amend the application to request C-1 or C-2 classification. Commissioners expressed serious reservations about development which would increase traffic at this dangerous intersection and serious concerns about misleading a future developer of the parcel by approving zoning which might indicate more intense development than they could approve in a future site plan. Mr. Behrens explained that site plan restrictions could decrease the traffic hazard. For example, Karshall Farms Road could be limited to one-way traffic away from Highway 50 and east-bound traffic on Highway 50 could be prohibited from turning left on Marshall Farms. Mr. Rosenthal commented that there were few prospective buyers in the market today who would not be aware they would have to consider comprehensive planning, concurrency, and infrastructure improvements. Rote: layor Dabbs arrived at 8:33 p.a. during above discussion and chose not to tate the chair. '--" Kayor pro tem Johnson opened the public hearing. Greg Antonich, 378 S. Atlantic Avenue, Ormond Beach, rlorida 32176, was present for the owner, Security First Savings and Loan. He said that most prospective purchasers today would buy property contingent on site plan approval. He stated that Jerry Wood of DOT had said that he saw no visual impairment or problem adding a traffic signal at the Highway 50 and Karshall Farms Road intersection. He said the owner intends to participate in seeing that the site is developed properly including intersection improvements and signalization and a pro-rata share of utilities. He said that C-3 gives them the widest option to market the property and C-3 is consistent with the zoning of surrounding property, and asked the Commission to approve C-3 zoning for the parcel. Commissioner Combs emphasized that the City will not do signalization. Mr. Rosenthal explained that in lieu of City funds, the developer who goes in first has to front all the costs and then the City may require other developers to reimburse the one who came in first. The public hearing was closed. Mayor Dabbs said he would like to see a commitment in writing from DOT about the signalization of the intersection. Commissioner Woodson favored C-3 zoning because surrounding property is zoned C-3. Commissioner roster said he had come with reservations about this proposal because of the element of danger, but if DOT approves a traffic light for the intersection he would have no problem with it and Commissioner Combs agreed. As recommended by Staff, Commissioner Woodson, seconded by Commissioner Foster, moved to find that the requested zoning is consistent with the Ocoee Comprehensive Plan, and to adopt Ordinance No. 91-32 rezoning the property described in Case No. 1-10R-91:Security rirst to "C-3, General Commercial District" as requested by the petitioner. On roll call, Couissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Woodson "aye," Kayor pro tem Johnson "aye," and Mayor Dabbs "aye." Motion carried. '-' Ordinance Ro. 91-33, "relating to fire prevention and protection standards, repealing in its entirety Section 10-1 of the Ocoee City Code of Ordinances and adopting a new Section 10-1; providing for severability; providing for codification; providing an effective date." was presented by title only. Mayor pro tem Johnson opened the public hearing. As there were no comments, the '-r. Page 5 Ocoee City co.aission Regular Keeting Deceaber 17, 1991 public hearing was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to adopt Ordinance No. 91-33. Motion carried with unanimous vote in favor. OTHER BUSIHSS Lease/Purchase of Kini-Puaper Resolution 91-26, "approving an equip.ent lease/purchase agree.ent and designating it as a qualified tax-exe.pt obligation." City Manager Shapiro and Fire Chief strosnider explained the need for the mini-pumper. Mayor Dabbs, seconded by Kayor pro tem Johnson, moved to approve Resolution No. 91-26, authorizing execution thereof by the Mayor and City Clerk and further approving the funding and additional expense from the Fire Impact Fees District No.1. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Woodson "aye,' Mayor pro tem Johnson "aye," and Mayor Dabbs "aye". Motion carried. Attorney's Report on Single Keaber Districts Attorney Rosenthal's report outlined those single member district procedures that appear to most directly impact current Commissioners, particularly with respect to the grandfathering provision. The report pointed out decisions the Districting Commission and the Board of City Commissioners will be making not only relating to geographic boundaries but also relating to the assignment of numbers and the legislative impact of those number assignments. In response to ~ Mayor Dabbs' request for clarification of page 4 in the report, Mr. Rosenthal said that if the districting works out so there is no district in which two Commissioners reside, it is his opinion that it is the clear intent of the Charter that the Commission should assign the district numbers in accordance with the current residents. The Charter calls for the process to harmonize and integrate the districts into where the existing Commissioners reside. Other scenarios were also explained the the report and discussed briefly. Mr. Rosenthal said the new districts will be known with certainty no later than June 1st. Mayor pro tem Johnson emphasized that the Districting Commission will bring proposals, but the City Commission will vote on the final draft. Pension Board Appoint.ents to Replace Ir. Kilton West General Eaployees Board Mayor Dabbs, seconded by Commissioner Combs, moved to appoint Tanya Miller, 912 Center Street, to replace Mr. Mil ton West on the General Employees' Pension Board. Motion carried with unanimous vote in favor. Police/Fire Board A recommendation to replace Mr. Kilton West for this board was postponed to the meeting on January 7, 1992. STUT REPORTS '-" City Clerk Grafton reported that the Districting Commission will hold its next meeting on January 23, 1992. Dr. Serow will have his first report back by January 17th. ~ Page 6 Ocoee City Co..ission Regular Keeting Deceaber 17, 1991 COJUlDTS FROK COIIIIISSIOIIRS The Mayor and all Commissioners wished everyone a "Merry Christmas" and a "Happy NeW' Year." Mayor Dabbs explained that his arrival at tonight's meeting had been delayed due to a mandatory school board meeting. Commissioner Woodson: 1 - Commented that the Christmas Parade had been a very good one. 2 - Urged continuation of letter-writing, etc. on behalf of the post office problem. (City Manager Shapiro had talked to Ray Sittig of the Florida League of Cities. Hr. Sittig will contact the National League about the post office problem. ) Commissioner Combs had witnessed a near-accident at the fruit stand on Highway 50 near Bluford/Old Winter Garden Road intersection and asked that something be done about the traffic flow there before someone is killed. lDJOURlOIDT The meeting adjourned at 9:20 p.m. ~ Submitted by: 'Jt; a." ~-'U') v1 A (}J.J Harlan Green, Deputy City Clerk Approved: City of Ocoee '-"