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
'-"