HomeMy WebLinkAbout04-07-92
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MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD
April 7, 1992
In the absence of Mayor Dabbs, Mayor pro tem Johnson called the regular meeting
of the Ocoee Board of City Commissioners to order at 7:30 p.m. in the commission
chambers. Following a prayer by Commissioner Woodson and the 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 Manager Shapiror City Attorney Rosenthalr City
Engineer/Utilities Director Shira, Director of Administrative Services Beamer,
Building Official Flippen, Public Works Director Brenner r Planning Director
Behrens, and City Clerk Grafton.
ABSENT: Mayor Dabbs
PRESENTATIONS AND PROCLAMATIONS
Mayor pro tem Johnson read the proclamation regarding National Public Safety and
proclaiming Telecommunications Week in Ocoee to be April 12-18, 1992. Ocoee
Telecommunicators receiving recognition were:
Laura Haskell, CO II; Susan Curry, CO I; Laura lois, CO I;
Shelly Simonr CO I; Ed White, CO I; Verna White, CO I.
Mayor pro tem Johnson also announced a proclamation designating Law Day to be
May 1, 1992.
CONSENT AGENDA
~ The proposed consent agenda consisted of items A, B" Cr D, E, and F.
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Commissioner Foster, seconded by Commissioner Woodson, moved to approve and
accept the consent agenda as presented. Motion carried with unanimous vote in
favor.
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Page 2
Ocoee City Commission Regular Session
April 7, 1992
COMMENTS FROM CITIZENS/PUBLIC
Mrs. Susan Swilley, 1002 Malcolm Road, advised that she had requested the names
of the bond holders of the Capitol Improvement Revenue Bonds, Series 1991 (City
Hall/Police vepartment) and as yet has had no response. City Attorney Rosenthal
said that, as the City does not have a copy of the list, the request had been
forwarded to the fiduciary in charge. At the trustee's request written
authorization to release the information has been sent. Administrative Services
Director Beamer said that the registrar will be getting in touch with Mrs.
Swilley directly.
Mr. Joe Tracy, 1018 Shady Maple Dr., asked about the abandonment of B.C. Terry
Road and the property rights of home owners. He said that Cablevision has relaid
a line and he wondered if the citizens will have the support of the City if it
has to be moved. City Manager Shapiro said that he would have the information
regarding the abandonment reviewed and a report would be sent to Mr. Tracy.
Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., asked about changes in recycling and
the County contract. City Manager Shapiro said research on this is not complete.
PUBLIC HEARINGS
Resolution No. 92-04, "establishing new rates for residential garbage collection
~ services; repealing Resolution No. 91-17; repealing inconsistent resolutions;
providing for severability; providing for an effective date." was presented by
title for the public hearing. City Manager Shapiro explained that this
resolution provides for a solid waste rate reduction from $18 to $16 per month
anticipating the cooperation of citizens with a composting program and he lauded
Sawmill homeowners for their foresight in starting a common compost pile ahead
of time. The public hearing was opened and Mr. R.P. Mohnacky asked what method
to use. Mr. Shapiro advised that Public Works Director Brenner will be providing
composting information soon. The public hearing was closed. Commissioner Foster,
seconded by Commissioner Combs, moved to adopt Resolution No. 92-04. On roll
call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner
Woodson "aye," and Mayor pro tem Johnson "aye". Motion carried.
Ordinance No. 92-02, "establishing Combat Automobile Theft Program; providing for
consent forms; providing for program j~plementation; providing for jurisdiction;
providing for severability; providing for codification; providing an effective
date." was presented by title for the second reading and public hearing. City
Manager Shapiro advised that this ordinance provides a method to combat auto
theft for those citizens who ordinarily do not use their vehicles between the
hours of 1:00 a.m. and 5:00 a.m. The public hearing was opened and Mr. Mohnacky
asked if this applies only to Ocoee. Police Chief Boyd said that it does. The
publ ic hearing was closed. Commissioner Combs, seconded by Mayor pro tem
Johnson, moved to enact Ordinance No. 92-02. On roll call Commissioner Combs
voted" aye," Commissioner Foster "aye," Commissioner Woodson "no," and Mayor pro
tem Johnson "aye". Motion carried.
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Page 3
Ocoee City Commission Regular Session
April 7, 1992
First Reading: Ordinance No. 92-03, "relating to Comprehensive Plan Vested
Rights; providing for authority; establishing findings and determinations;
providing for definitions; recognizing the existence of vested rights; providing
for an application for vested rights determination; providing for a procedure for
determining vested rights; providing for health, safety and welfare
considerations; providing for severability; providing for codification; providing
an effective date." was presented by title only for the first reading and public
hearing. City Attorney Rosenthal explained that this is the first time we have
operated under this law and must have a vote on both hearings. The public
hearing was opened and Mr. R. P. Mohnacky asked that vested rights be defined.
City Manager Shapiro explained that if a developer has made an agreement with the
City before the time that the Comprehensive Plan was adopted that developer has
a right to operate within the confines of that agreement and that constitutes
vested rights. The public hearing was closed. Commissioner Woodson, seconded
by Mayor pro tem Johnson, moved to approve the first reading of Ordinance No.
92-03. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye,"
Commissioner Woodson "aye," and Mayor pro tem Johnson "aye." Motion carried.
OTHER BUSINESS
First Reading of Ordinances - Second Reading and Public Hearings are Scheduled
~ for April 21, 1992
The following ordinances were presented by title only for the first reading:
Ordinance No. 92-04, relating to an amendment to the Cemetery Ordinance, removing
the limitation regarding headstones, "relating to cemeteries; amending the
present Chapter 7 of the Code of Ordinances; providing for severability;
providing for codification; providing an effective date."
Ordinance No. 92-05, "relating to development review fees, amending Sections 6-1
and 6-2 of Chapter 2 of Appendix A of the City COQ",; providing for the
collection of flat fees in connection with applications for determination of
vested rights; providing for the collection of review deposits and the payment
of review costs in connection with vested rights applications; amending the
development review fee and collection schedule; providing for severability;
providing for codification; and providing for an effective date."
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Ordinance No. 92-06, "relating to and amending the fees for the issuance of
building permits, mechanical permits, plumbing and gas permits and electrical
permits; repealing in its entirety the current Chapter 5, Section 5-44, Chapter
9, Sections 9-32, 9-35 and 9-47, Chapter 14.5, Sections 14.5-33, 14.5-37, 14.5-38
and 14.5-47 and Chapter 18, Sections 18-35, 18-42, 18-43 and 18-50; creating a
new Chapter 5, Section 5-44, Chapter 9, Sections 9-32, 9-35, and 9-47, amending
the current Chapter 9, Section 9-44; creating a new Chapter 14.5, Sections 14.5-
33,14.5-37, 14.5-38 and 14.5-47 and Chapter 18, Sections 18-35, 18-42, 18-43 and
18-50; providing for severability; providing for codification; providing for an
effective date."
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Page 4
Ocoee City Commission Regular Session
April 7, 1992
Ordinance No. 92-07, Case No. 1-1R-92:HUBER "rezoning certain lands located in
the City of Ocoee by changing the zoning classification from PUD, Planned Unit
Development, to U, Unclassified, on certain real property located on the
southeast corner of Maguire and Moore Roads, as petitioned by the property
owners; approving a Revised Land Use Plan for Westridge PUD, providing for and
authorizing the revision of the Official City Zoning Map; repealing inconsistent
ordinances; providing for severability; providing an effective date."
Ordinance No. 92-08, Case No. 1-2R-92:ROEDER "rezoning certain lands located in
the City of Ocoee by changing the zoning classification from U, Unclassified, to
PUD, Planned Unit Development District, on certain real property located on the
southeast corner of Maguire and Moore Roads, as petitioned by the property
owners; approving a Revised Land Use Plan for Plantation Grove PUD, providing for
and authorizing the revision of the Official City Zoning Map; repealing
inconsistent ordinances; providing for severability; providing an effective
date."
Ordinance No. 92-09, Case No. 1-7A-91:CLOUGHLEY, "annexing into the corporate
limits of the City of Ocoee, Florida, certain real property located on the east
side of Windermere Road and one-half mile south of Tomyn Road (Marshall Farms
~ Road), as petitioned by the property owners; providing for and authorizing the
updating of Official City Maps; providing direction to the City Clerk; providing
for severability; providing for conflicts; providing for an effective date."
This ends the first reading of the ordinances.
Resolution No. 92-05, "authorizing the Mayor and City Clerk to execute a
Memorandum of Agreement between the City and the Florida Department of
Transportation for the maintenance of State Road Rights-of-Way by the City;
setting forth an effective date." was presented by title. Public Works Director
Brenner explained that this agreement provides for an annual amount of $29,226.48
to be paid to the City for the stated maintenance. Commissioner Woodson,
seconded by Commissioner Foster, moved to adopt Resolution No. 92-05 as
presented. Motion carried with unanimous vote in favor.
STAFF REPORTS
City Attorney Rosenthal explained his legal memorandum ln the packets ln
reference to Westridge PUD and Plantation Grove PUD.
COMMENTS FROM COKMISSIONERS
~Q~i~sione~ WQ...odso~:
1) Asked for a better copy of the memo from Rosenthal re: ex parte
communications.
2} Asked for a report on the Tiger Minor memorial sign at the Fire Department and
Cit.Y_lIana,~};_ Sh~iro ~j,_Q_ he would J2X9videLwrtt!:en_rej>Qrt.
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Page 5
Ocoee City Commission Regular Session
April 7, 1992
<:Ql!l!li~st~~~!:__<:_QI!~:'! :
1) Asked about the drainage at McKey/Bluford. <:Hy-~~_gj1!~~L~hi:r~p~~idJl~_J:H!~_J}s>1
heard.but will~quire.
2) Asked about the turt les at the golf site. Jlire.9_t()!'._<:>L_~_c:!I!!~.n_:!J;j:};~_U v~___~~:ry'j,.~es
~~_amer. adyJsed that the FisJL and Game Commission is_g~cidin.[__~l:Lethe_Lj:Q~ake
llI<:>n_~y_J~ll~Lh()~-I!I~.c::-l1_-I!lQl.!~Y- _ tQt~K~ >'_I()~_I1-()t___~~t!: i!HL _~:2_f_~_1()~~J:jQJ:l~:i.1~~1---~~~()IlI~
por t ions 0 f the grounds_~tLt_~()J:~_~~Sh~9. in J:lLe.AElve 1 oJ?J!l~Jlt .
3) Asked about the architect for the City Hall/Police Department project. <:ity
:t1~_q_~g_~r Sh~~Q. advised~~at_~ll!~~t~!l~L~:i.ll b~J!~l(L!\Eil 1~ and._a _ recommendation
?h ()'l,! Ld____Q.~._.l:?~t()~.<:()lII1ll.:i.~~i<:>.J:l_.:i.Illlf(ly .
4) Said he wants to be informed re: layoffs. Cit'y~ana9'.~uh~..2i.l'~_said. thatw:i,JI
:t>~__p]:'g_yj_g~_gl()L_t h ~.J.:i.~1:__l!I~_e.tjl1g._iJ:l._:t1(lY.
Commissioner Foster: Mentioned Recreation Director Beech' s offer to give up some
of his funds for the good of the budget.
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Mayor pro tem Johnson noted that the time for public comment had passed already
but he would give Cathie Doss an opportunity to speak as she was late in arriving
and had made a special request to be heard. Ms. Doss asked about the report on
the Denmark trip as she understood that some ideas reviewed on this trip may be
incorporated into the City sewer systems and she was interested in what would be
happening to the system very close to her house. City Manager Shapiro advised
that the reports are just about ready and as soon as they are complete Ms. Doss
is welcome to come and see them.
Mal'Q!:._ 'p!:Q.._ t~I!L JO~!lson:
1) Asked that something be done about the houses on Kimball Drive where water
flows into garages. <:it.Y_J1E-na_g~_!:_ Shapiro advised that fixing the _ problem will
~(l'l,!~~_.!.Clt~r___t()__g()_tn t()~Q.I!l~Q_J:l~__~1.~_~_'_~_~ age and tha t r~~J_~~~lt!l-9._J:.hEl._LL()_~_Y()I!Al:1
~!~__~jl_~.t:..J,~_no_~~~_X~-~ ult~.t~ t ur al._ cause b~c::..ome __ th_~._~es ul t of_i!_~n___lII__i!de
f..(l~_~~_wh.:i. ~}:l_Jl1~__.<:.i.J:Y.'i-()\llct_~~H (lJ?J~__J()!'. .__MaY()!'__l!:r_()__J:.~!I_~()~~:.!()Il.-_(l?-K~<:l-J ha t_ (l
le.tt~__k~~1!L1:S> those ~ffec::te~-'p'y~he wate.!"~
2) Noted that the City was reimbursed for the Denmark trip.
3) Reported that he hears complaints daily re: signs on the rights-of-way.
4) Reported that today is Edwin Pounds' birthday.
ADJOURNMENT
The meeting adjourned at 9:00 p.m.
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