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Home My WebLink About06-02-92 '-' MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR MEETING HELD June 2, 1992 As Mayor Dabbs was absent, Mayor pro tem Johnson called the regular meeting of the City of Ocoee Board of City Commissioners to order at 7:30 p.m. in the commission chambers. Commissioner Foster 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 Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Public Works Director Brenner, Planning Director Behrens, Senior Planner Harper, Building Official Flippen, and City Clerk Grafton. ABSENT: Mayor Dabbs PRESENTATIONS AND PROCLAMATIONS Winners of Woman's Club 5th Grade Essay Contest on Recycling The Ocoee Woman's Club sponsors a 5th grade essay contest annually and this year the topic was recycling. In the three schools participating, Clarcona, Ocoee, and Spring Lake Elementary Schools, there were twelve winners, one from each 5th grade class. Commission extended an invitation to each school to send one representati ve to read their winning essay. Luke Husz, Clarcona Elementary School, and Carol Conroy, Ocoee Elementary School, presented their essays which were enthusiastically received. Christina Skirvin, who was to represent Spring Lake Elementary, did not appear. ~ Global Study Report/United Nations - Mr. Sam Scott Vandergrift. Mr. Scott Vandergrift, as chairman of a Global Study Committee for the United Nations Association of the United States of America, presented a report entitled PEACE AND SECURITY IN A CHANGING WORLD to be placed in the archives. Mr. Vandergrift said that this report has been sent to the United Nations as well and that he would be available to explain in detail the inner workings of the study to any civic organization wishing this information. CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, and D. A. Acc~j:)tance ang~j:lroval of Minutes of Rejl!llaL_~~mmissiQlL.Me~ti~~i ~~y._19, .~92. B . It..PEQva I 3~})..g__A u tJ:L()r t~ a t iQ!!_~o_Acc~~__~~.~lt~!:..I:L~ ti v~_~Q!"c! ImpactJ'~e QUl~~~~.~_~_foLtJ),~~oodyear Tire StQ!.~Locat~~:tJ~03 _Economi~ Court. C. It.HD>va~._an.!t___~.uthQ.r:t2:~tiol!_J~g___~:ll;~~_I,l.t~_ Prof~~~:!.on!!;J,. Engineeri!!jl Consult!!!lts~~~!_~Q_rk Order NO!_~L_"Mast~!:._ Drainage Plan (Data ~Q!~~_tt()P-.__~n~LJ>ig.:i::tC!l..~~lli!!!lL.-iQL_J;h~__~moul1J._Cl.L...~~_h 5~7__..!H!! l:"~mbJ}.rs.abl~lL~_Q.!:__ to_~xce~~~OO. ~_' It..P12!:ClY_~!_._~J!.(t__~u thQr.!2:~JtCl!!._:tQ~x~~l,lt~.fx<>..fessiQ~~l_ _ __ ~!lgi~~~~ing Consultants 1-Inc. J~<>'J:JL.Q~der.J!..Cl_!--.h... Mas t_~L_p!:ain~~ Plan _JNorthwes t P!Jch.1!~_sip-__~!~g.yt.f().r:._th~_a.IIl.Q1!r:!LQt _ .$J!lL~~ l-"jJ:p,. rE!~.I!I_l.>.'ll!:sal)J~~_l!Cl!: !:~~XC~E!g._llJQQ . ~ Commissioner Combs pulled item B for clarification, as he wondered how an account could be overpaid by $16,000. City Manager Shapiro explained that the road impact fee was established using the standard calculations and was paid up front ~ Page 2 Ocoee City Commission Regular Meeting June 2, 1992 as a part of the building permit fee as required. However, Ordinance No. 89-02 provides for an appeal process wherein an applicant can submit an alternative road impact fee calculation in the event the applicant believes the impact of his new bulding will be less than the established fee. LaKenDon, Inc. has asked for a review for the Goodyear Tire Store on State Road 50 and the Development Review Committee has found the request to be in order. Satisfied with the explanation, ~~mmi~siQ!!..e!:.._fQ!!l~~__u.l!!.ox~~_i9__u~P~-y'~~_~~n !._u_~nda_~.~_._~resen t ed~. Commi~~IQii~r ~~~t~!: se.~~.E~~~_~s~~t~e !lIotion carriedwftli=.}1.Iiinil!l9i~~91~_Til:~9L: COMMENTS FROK CITIZENS/PUBLIC There were no citizen comments at this time. PUBLIC HEARINGS - Second Readings of Ordinances - None OTHER BUSINESS Discussion and Decision on the Design Development Documents and the project phasing for the Withers-Kaguire House project. Administrative Services Director Beamer advised that a hand-out distributed earlier contains a report that the final payment has been received from the state which brings the total received to $111,830.21 for the project, and that the state is entitled to receive back interest on the unused funds. Ks. Beamer said that the Design Development Document is on file in the City Clerk's office for ~ review. Kr. Steve Provost, Yeilding and Provost, said the Design Development Documents cover the full scope of the work to be done in the restoration of the Withers- Maguire House. The next step is to prepare the construction documents for the first phase of the construction, which will include foundation repairs, the front and rear porch repair, the exterior surface preparation and painting of the house. Mr. Provost said those documents will be ready by the end of the month, and construction should begin by September. Ks. Beamer pointed out that all the items listed in Phase I were included in the grant which was awarded, and she commended the Historical Commission for the preparation of the second. grant application. Commissioner Foster asked if there were time contraints. Mr. Provost said that we are well within the time certain that the funds must be expended. Commissioner. Fosut~.~, seconded by Commissioner CombJ!L~ove~..!Q...~B_OV~ t he Des i gn fievelo:pmeiirf5oc~ments. for-constructlon-cuo.sT-est"imate's-ancruH:epro.)ect i>huasi ng fqr. t he~.RJ fh~r's=~MaguIi~.~][ou's~=-~.-'MotronuUcarrle(r.~rfh--'una-riImou-i-v.ofe--lii 'f a v oi-:--.-"'. ..Uu".__._.__._ ....-.-.. .." .._._U. ... u. -....--.. _u_._ ...... --.-.............-- -. M. ......u...._._......_........._.... -..- ____.._.__........._._u._.__ '-' Discussion and Decision regarding Board of Adjustment Recommendation on Peterson Outdoor Advertising Appeal of Building Official Determination to Deny Electrical Inspection on Non-conforming Structure (Case No. 1-6ADK-92:P.O.A.) Senior Planner Harper read the issue for the record: "Should the Honorable Mayor and Board of City Commissioners approve the Applicant's Appeal of an Administrative Decision, to override the Building Official's denial of an electrical inspection to complete the re-installation of electric power to a non- conforming structure, namely a billboard?" Mr. Harper explained that the billboard, constructed in 1986, is located immediately to the west of the Ocoee ~ Page 3 Ocoee City Commission Regular Meeting June 2, 1992 Fruit Market, at 3100 East Highway 50 and that the Lessee had disconnected the existing power to the billboard and dismantled the lights as a negotiating tactic to convince the lessor of their intentions to remove the structure and inform him of his need to moderate his increasing rental terms. Upon reaching a new agreement the Lessee had re-installed the electrical connections. When it was discovered that the installation had been completed without a building permit, Peterson Outdoor Advertising (P.O.A.) was ordered to apply for a permit, which they did. Upon inspection of the site, the Building Inspector determined that this was a billboard being used for off-site advertising (therefor a non- conforming structure) which is prohibited by Ordinance No. 88-25. The Building Official refused to order the electrical inspection that would be necessary to have the electric service turned on by the power company, as the connection of the electrical service would encourage the continuation of a non-conforming structure. It was noted in the Staff Report that P.O.A.'s position was that the survival of the sign is based solely on the property owner and not the sign company. Mr. Harper advised that P.O.A. haC. been notified by telephone and letter of this hearing date; however, no one was present to represent the company. Commission~r Combs, seconded ~Y.... }fay-or pro tem_. ,!ohnsonL_~~_'li>~J::QYi'~_t: f.:~:~Q:IIIJl1.~).!4?X:iO!LOf _th~..loa!'A.Qt Adj \,l.E..tJ!L~!1L~_ set forth in _1.~_Staff .R~L-t~~.~ l[Tha t the~.p.1Tc~!!t' S=:L~:ques tJ>_EL.de.!l~~.(t.L as ~]f.iIilllii~lliQ"il.~i_~~~Qi ~ ~i!.~::e.1ic;1rfca1.~.1}i;Sp.~~tiq!L=!'I a_~._ pro.p.~f-fii ._ligQLJ?J__~h_e_"~i tY......2t._.Qc;.Qt:!_t:!-'_~..".I.!'O!l__ ~q~IQijllIiig=.~_t:!_=~Q<t~--=~fiI~:h.:=~~:::~~t~~:d.-f()phaseouf.stiucturti~ lh~ t-!!~::~nge.i. c;.~mIQ!'J!LJo_~_Hy. s t iii~a:r <t~L...~.!lQ_ 2) _.1'ha t .J hi::::~pp Ijc;.anl_1>-~. r Eit~n:ded-: fhe_M9 . OQ ~Ili~I~Xc.aTI:ill"<t1!t~~iiirf=rli~~=-.:JfQ-ffQ!i-__~!=l:ITgrillJl~~~m:Ous:~~::li-=~~____v()r~- Five Year Capital Improvements Program, Fiscal Years 1993-1997. At City Manager Shapiro's request this item was delayed until the June 16 meeting when all can be present. First Reading of Ordinance - Second Reading and Public Hearing are Scheduled for June 16, 1992. Ordinance No. 92-14, relating to Case No. 1-5R-92:HELLER, relating to rezoning a 12.9 acre parcel from R-3 to I-I. This ordinance was presented by title only for the first reading and the date of the second reading/public hearing was announced. "" Discussion on Return of Trust Fund Fees to Drs. Ferdinand (Phoenix Development Company) for B.C. Terry Road. City Manager Shapiro explained that in 1989 Phoenix Development Company was required to give the City one-half the right-of-way for B.C. Terry Road and place $11,000 in trust toward the paving of that road as part of the development of The Hammocks. At that time the City intended to require the developer of Highlands Estates II to provide the additional right-of-way for B.C. Terry Road as well as some cash to guarantee paving. When Highlands II was developed it was determined that Montgomery Road was more important to the City's street system and so that road was paved by Highlands. No monetary paving request was made of Highlands toward B.C. Terry Road to go with the 30 I right-of-way required. Phoenix '- Page 4 Ocoee City Commission Regular Meeting June 2, 1992 Development Corporation has requested that the $11,000 be returned to them because 1) the City did not follow through with requiring additional funds from the Highlands, 2) the funds in trust would only pave a small portion of the road, and 3) the City has no current plans for B.C. Terry Road. City Manager Shapiro said that, should Commission concur, the $11,000 would be credited to Phoenix's past due account for Plantation Grove which is over $23,000 and the remaining portion of the funds owed the City shall be given to a third-party mediator to determine whether or not the preponderant legal charges were fairly charged to Phoenix Development. Mr. Shapiro will make the final decision regarding the amount owed to the City after hearing the mediator's recommendation. fQ~~~~~_J!.Q..~L seconded bL_ Commissioner _ Fost~ moved to refund the .ill_LQQ9~.lhQ~i~~~~~!!L1-~J?Lg~~U<Lth.~iu~~J....~~-Q..I!Lli~k.]!r-!- ~h.~ilio. Motion carried_ with unanimous vote in favor. . -"- Appointments to Boards Police/Fire Retirement Fund Trustee to replace Mr. Rayburn Wood. As Mr. Rayburn Wood has submitted his resignation from the Police/Fire Retirement Board of Trustees effective immediately, a replacement has been requested. Commissioner Woodson, seconded by Commissioner Combs, moved to~oint Mrs. Nora ~~~!!~~~_~-~~~~~~pI~t_~~~E~~~~~~'~~-~~~li~~.I~~=~~:~~I~!-~I~~~~~n:-~-~:?~~~~-~y?!~~i~I~ Recreation Advisory Board Member to complete Mr. Craig Martin's Term. ~ Mr. Craig Martin has submitted his resignation from the Recreation Advisory Board effective May 31 and his term expires in October, 1992. Staff has suggested that Mr. Martin's replacement be appointed for the next two year term as well as to complete the current term. Commissioner Combs, seconded b'y._~mmis~iol!.er WoodsonL moved to place Mrs. Cathe"i'"Ine--HunF -in this ~osition. MotIon---Ea"rrled---W:lti1 ~li~~~~?~~~"~~~~e_-_~f:n:~~~~~f~---' -"-.---"--------------.----.--. .. --------- --. ... .. --.-. . Resolution No. 92-09, relating to Adopt-A-Roadway, "establishing the Adopt-a- Roadway Program; providing for permits which enable private individuals, businesses and organizations to collect litter on segments of public roadways within the City; providing for procedures to be implemented in the Adopt-a- Roadway Program; providing for severability; providing an effective date." Administrative Services Director Beamer presented this Resolution by title and City Manager Shapiro explained that this has become a popular way for citizens, businesses and government agencies to cooperate to clean up the roadways. Mr. Scott Vandergrift asked if this permits beautification also and Ms. Beamer responded that it does not. Co~i~sioner WOQ~son_L~~conded l?Y. MaY~J;--p'ro tea ~ohnso~m~y~ t~~~Q~!_~~sol u t :roii-Nq~-92~.9J~~-.Mo_Ilon"-caiiI~~d-JfnJi=ti!lanlm.9tls-voF~_ rn-fa~Q~~~- -.-.-- .. - ----- ----- ..--" - .... ------ n___n.________ .... -- ------.. Mn__ .... ....--.--------------------.-. '-" STAFF REPORTS City Manager Shapiro advised that the Metropolitan Planning Organization (M.P.O.) was created by the Florida Legislature for the purpose of planning transportation for urbanized areas and there is a movement underway to influence the Governor to authorize a reapportionment plan which will reduce the local M.P.O. from 16 members to 9 members. As such action will exclude small city membership, it is important that the City of Ocoee register its objection to this move. At City '--' ~ '-" Page 5 Ocoee City Commission Regular Keeting June 2, 1992 Attorney Rosenthal's recommendation, Kayor pro tem Johnson declared this to be an emergency item due to the potential impending action by the Governor. City Kanager Shapiro then read the title of Resolution No. 92-10, "a resolution by the City Commission of the City of Ocoee, Florida, in opposition to reduction of municipal members of the Orlando Urban Area Metropolitan Planning Organization (M.P .0.) and recommending that the currently existing sixteen member organization be continued. II Cqmmissione~ Foster," seconded by Commissioner COJ~J:~~_L.!!!Q~~ adq~t Resol~ti9n ~9. 92~10 as ~esented. ~otion-carried with unanimous vote in ;t~_Y.Q.~!. Commissioner Combs advised that the money earmarked for the Western Beltway is being considered for the Central Connector instead. Kr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, spoke briefly regarding the Orange County Commission meetings. City Kanager Shapiro advised that other actions pending with the Orange County Charter Review Commission are: 1) a proposed amendment to the Orange County Charter which will require approval of residents in certain areas in connection with annexations by municipalities which potentially impact such residents, and this action will impose a restriction on the powers of the City granted under Chapter 171, Florida Statutes; 2) a county wide planning organization has been proposed which will determine growth issues affecting towns without giving them adequate representation on the board; and 3) county wide road impact fees are proposed. Kayor pro tem Johnson declared this to be an emergency item due to the impending hearing on June 11, 1992. ~Q.~~~C?!!~_LJ~ood~q.!!L~~~Ql!~J?~J)Y ~oJll!lis~LIQ~~r-L_J!l_QY~~J:]l_~-1hi~J!!!l!i~!Q~~~ELtJ~ji~~l?L()Pos~~_a,:iitenc;lf!l~ t_~ I()_Jh.~_Qrange_J;.Q_un!~ar.t_el:_l!!1ich J10uld 1) ~t~1:L~growtJi]ailag-e.~~t. Disl~.1!t~ ~~~QI~tt()-n C().~l!Ii~~~ onL_~]_~n~p 1 ~_J:1l.~___~..o_!!!!.!:L to impQs e a _uni f ():r~_"1Lan-s p()l' t a t!..()!l I~~~rt_J eeL_-_~.!!Q. jl_iroyj, d-e~--"-tha-E._J:he__G..qun.!y'_<::_<>-~~~~ s lQ~_~.Qi:._ ___va t ~r~_~-l i v i l!~_j!! ~'~Le~~~_y.~fili~=-_fti s tl" i c f~.":~~e.-~Jl~~~~I~~~~~Illi!f~iL~~~~~~:~:afJon~.J1_-th()~_Ei ~ii!i_~ijn 0..!!~ a!Lec f t i~.iij t t()n a ;C~9mm_\!.!! i t:L~_~_l!i t.hJ!_t~t()r: fc ~I~sfirnTnc ari.cei:aii~___J 0 ~_~i:~~~lJ_~::fiJy]f~I!..<!~r__~!l]~.~~fa f C t q____~ppe<!r ~~:tj:.!1_e_=.J:un.~_]J~h~~d nq-riL9PPQ::s it i Q..Ii t:(). th~._~.Qp_().~~:c;l_~J!l~ic;l!l!~~.!:~_ ~9~=fh~..Q! al!~e.j~Q!i!l.!Y-=~.h~ffii:~-Be f orethevo t e--w as caIIecCfor-the--p.ubIICw-as-asked-.:for commenfs-and"no onewlshed to speak to this Issue. ~Q1:t()_llcc~a.rrtE!<.'L_w~th llnanimOtl::;eJ!()1:~ .ten J?:yor~ COMMENTS FROM COMMISSIONERS COnun:l:S lSi.'<>!l~~JI()()d,~()~: 1) Reported that the Postal Regional Distribution Center will be built in Winter Garden and asked that City Manager Shapiro see if they can be swayed to come to Ocoee instead. 2) Wants Cablevision to give a reason for the increase in rates and also asked that letters be sent to our Congressmen to try to get them to put Cablevision under the same control as lights and telephone. ~~J.y.1i~ll~!'._~h<!Pir:9_?_~id__h~_ha..f; sent a letter to Telesat to determine_ where they._<!.re and .it..J!lay be~~opriate .t()__.J!I~ke __1:):1 e~ __i!ll U 1 L_J:J!e i L._~i dEL..9.L__the f r an chi s e a..9]: eemen tin orde r_J9_[E! t competition for Cablevisi~rr. 3) Asked that the railroad crossings be taken care of. P.llQlk_ Wqrks _ DiJ_ecto!, Brenner reported that they are being taken care of and are on sc~~dul~. ........ Page 6 Ocoee City Commission Regular Meeting June 2, 1992 Commissioner Combs: 1) Said that former Commissioner and Kiwanis Brother John Bateman had encouraged Kiwanis to take part in the Adopt-a-Road Program and they will challenge the Lions Club. 2) Reported that Mr. Bateman is still in critical condition in West Orange Memorial Hospital following a heart attack. 3) Reported that Mr. Jim Gerow died last week and will be missed. 4) Reported that children were swimming around and under the dock area and when they were asked to leave they responded with vulgarities. He asked that the police enforce the "no swimming" sign. 5) Asked that the high grass at Withers-Maguire House be cut. 6) Wants Tiger Minor Park taken care of as Vignetti Park is. City Man~_~. Sh_~~iro said that an _~larm s~tem~!1d-1:.!.gJlts_ wilL~~_~ut _in ,,--1!!:_! ShaRro2...~~ al~Q_ that the parents of youths involved_in vandalism wil~ be char~~_~th~ da..IIl_~ges . 7) Asked if the rules regarding 2 persons on duty in late-night businesses is being enforced. Chief Boyd reported that the~e enforcing it. \.... .c::_qlll.missioIl_~..!:._Fos te:r;: 1) Asked that Code Enforcement continue to cite curbside garbage racks. 2) Commended Police Department for prompt response to a complaint regarding a tractor trailer parked in yard. Mayor pro tem Johnson: 1) Reported many illegal yard sales on weekends and asked that the Code Enforcement Officer go out on Saturdays to stop them. 2) Reported children swimming in posted areas with police observing but not stopping them. Asked that the "no swimming" signs be enforced. 3) Reported a motor boat in Lake Moxie. 4) Asked that security lights be put in the parks and that the gate be replaced at Security/Mobile Home parks; noted that the fence needs to be replaced but should also have a walk-through gate. 5) Asked for prayers for Mr. Bateman in the hospital. ADJOURNMENT The meeting adjourned at 8:47 p.m. APPROVED: City of Ocoee "\ ~