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HomeMy WebLinkAbout06-07-94 ......... MINUTES OF THE CITY OF OCOEE OF CITY COMMISSION REGULAR MEETING HELD June 7, 1994 CALL TO ORDER Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to order at 7:30 p.m. in the commission chambers. The opening prayer was led by Pastor Lester G. Weldon, Church of God of Prophecy. Mrs. Hilda Ems, Orange County Chairperson for the Seniors and Law Enforcement Agents Together, led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Recreation Director Beech, Personnel Director Psaledakis, City Engineer/Utilities Director Shira, Planning Director Wagner, Acting City Clerk Green, and Clerk/Stenographer Lewis. ABSENT: None PRESENTATIONS AND PROCLAMATIONS CERTIFICATES OF RECOGNITION FOR FOUNDERS DAY - THIS ITEM WAS POSTPONED UNTIL A MEETING IN JULY. GOOD CITIZENSHIP AWARD ..........\1ayor Vandergrift presented James Beech with a Good Citizenship Award and recognized his unfailing willingness to regularly go above and beyond for others in the Big Orange Games. PROCLAMATION - SAFE BOATING WEEK Mayor Vandergrift read a Proclamation proclaiming Safe Boating Week for June 5-11, 1994 in the City of Ocoee. USE OF SEAPLANE ON STARKE LAKE Bob and Joan Staker, 1900 Center Drive, Casselberry 32707 appeared before Commission and stated that they had purchased a lot on the northeast side of Starke Lake with plans to land a seaplane on the lake. They requested an amendment to a City ordinance that prohibits landing the plane on the lake. City Attorney Rosenthal said Chapter 48 of the City Code, Section 14, adopted by the City Commission on February 6, 1990, has an express prohibition against using any lakes within the City of Ocoee as a regular landing place or as a base of operation for seaplanes. There is no provision for a waiver or variance from that particular code section. Also there is a provision of the State Statute which expressly grants to municipalities the right to regulate and/or prohibit the operation of seaplanes. This particular ordinance, unlike most of the City ordinances, is not through the home rule powers but is specifically through an authorization and grant from the Florida Legislature. Mr. Rosenthal stated further that if the City wanted to accommodate the request it would be necessary to give direction regarding some type of amendment to the ordinance which would then need to be considered at a public hearing. Mayor Vandergrift said the lake at one time was part in the City and part in the County. The Staker ~property is in unincorporated Orange County. City Attorney Rosenthal said the fact that the lake is Ocoee City Commission Regular Meeting .......June 7, 1994 surrounded by part City and part County does not invalidate the Ocoee ordinance which regulates the entire lake because that is also authorized by the State Statute. Commissioner Combs expressed concern over the waterways being a liability to the City. Commissioner Johnson said there were a number of people already using the lake and the City would start a precedent for other residents who will want to do the same thing. Commissioner Foster said he did not see a real problem with take off or landing distance with a single plane but there is the possibility that it will open the door for the others and must be considered. Commissioner Gleason concurred with Commissioner Johnson and Commissioner Combs. The ordinance did not cover ultralights. Attorney Rosenthal said Building Official Flippen has done an investigation which indicated the Stakers have a seaplane and not an ultralight. That is the opinion that he has rendered as the official responsible for the enforcement of that code provision. No action was taken on this item. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, and H. Commissioner Combs. seconded by Commissioner Foster. moved to approve the consent agenda as presented. Motion carried 5-0. '-" ~. B. C. D. E. F. G. H. ...... Acceptance and Approval of Minutes of the Special Session held May 26. 1994. Approval and Authorization for Mayor and City Clerk to Execute Withers Ma~uire Work Order No. 11 for Construction Documents (Completion). with Chalmers Y eildin~. Architect. Approval and Authorization for Mayor and City Clerk to Execute Withers-Mal:Uire House Eave Trim Chanee Order No.5. with Mitchell Buildin~ Contractors. Approval and Authorization to Transfer $4.450 from Acct. No. 403-532-4900 Wastewater Reserve for Contin~ency to Acct. No. 403-535-6400 Equipment for the purchase of a 10 cubic yard Grit Dumpster. Approval and Authorization to Transfer $1.180 from Acct. No. 403-532-4900 Wastewater Reserve for Contin~ency to Acct. No. 403-532-3128 Professional Services/Other to pay for additional mercury level testin~ performed by L.J. Nodarse. Approval and Authorization for Mayor and City Clerk to Execute Developer's A~reement for Water Service with Opus South Corporation. Approval and Authorization for Mayor and City Clerk to Execute Developer's A~reement for Sewer Service with Opus South Corporation. Approval and Authorization for Mayor and City Clerk to Execute Architectural Services Aweement Work Orders No.6 and No.7. C.T. Hsu & Associates for City Hall/Police Department Buildin~s. COMMENTS FROM CITIZENS/PUBLIC 2 Ocoee City Commission Regular Meeting ~; line 7, 1994 Frank McCord, 1240 Russell Drive, said the City has done a nice job on the park but expressed concern over conditions of Peach Lake that was "pea" green and polluted. There is only one retention pond and four open drains into the lake. Ninety Muskovy ducks were also a nuisance and he would like for the City to get rid of them as they contribute substantially to the pollution of the lake. It also appears that someone has been pouring white paint into the lake. City Manager Shapiro said a microbiologist from the University of Florida had checked the lake and the "white paint" Mr. McCord spoke about was algae. Staff will check the law about what can be done about the ducks. Mayor Vandergrift said he would like the residents to use fertilizers that will not contaminate the lake. Commissioner Johnson said the City had spent $300,000 on clean up in that area. He thought building the houses around the lake should never have been permitted. Commissioner Gleason was waiting for the City to advise the Commission on what can be done about the ducks. PUBLIC HEARINGS Second Reading of Ordinances ORDINANCE NO. :!4-16, RELATING TO WATER REUSE POLICY. Ordinance No. 94-17 was presented by title only for the second reading and public hearing. City Engineer Shira said the recent expansion of the wastewater treatment plant has enabled the City to produce a clean, clear wastewater effluent that can be applied to areas open to the public. Initially, all of the reclaimed water produced will be used by the new golf course for irrigation. As the City ~ontinues to grow, the quantity of reclaimed water produced will increase to a point that the City can distribute it to other areas for irrigation and fire protection. The Florida Department of Environmental Protection and the St. John's River Water Management District have both required, as part of their respective permits, that the City implement a water reuse program. The ordinance will provide the City with a mechanism to regulate the installation and use of a reclaimed water system within the City's utility service territory. It will also establish the means by which the City can require the construction of reclaimed water transmission and distribution mains as new projects are developed, and it describes the manner in which properties of various types are expected to take part in the program as it becomes available to them. The ordinance also includes the method by which the reclaimed water rates will be set by the City Commission, and the billing for reclaimed water consumption. Engineer Shira said the last consumptive use permit had a condition that the City develop a reuse plan which consisted of building plants that provided reusable water. The City has used more water than the consumptive use permit anticipated. After staff completes the new master water plan study, the City will return to St. John's with a new consumptive use permit application. City Attorney Rosenthal said there were minor corrections to the ordinance. On page 16, Section 174.21, a correction in terms of the enforcement because the enforcement will be by Chapter 1, rather than by Chapter 7, which is the Code Enforcement Statute, as follows: ~174.21. Violation Liability. ...... 3 Ocoee City Commission Regular Meeting ~June 7, 1994 (1) Any person {or eilstomer f-OOFld guilty of '/iolatil'lg aFl)' of the provisioFls of this Chapter or aRY WritteR order of the City purS1:laFlt thereto, shall be p1:lFlishable iFl accordaflCe with Chapter 7 of the City Code} fviolating any provision of this chapter shall. upon conviction. be punishable as provided in ~ 1-12 of Chapter 1. of Article II. of the Code of Ordinances of the City of Ocoee. Each day such violation is committed or permitted to continue shall constitute a separate offense 1. In addition, such person or customer shall pay all costs and expenses involved in the case, including attorney's fees. {Notice of sHeh violation shall13e gi'len13y deliveril'lg the same to the premises and a copy thereof mailed to tlie 13illil'lg address as it appears Of!. the City's 13illiflg records. Each day upOfl which a violatioFl of this Chapter oceilrs, shall eonstimte a separate and additional violations. } There were scrivener errors where a Section 1 is changed to a 1 and City Council is corrected to City Commission. If the Commission approves the ordinance the motion must reflect these changes. The public hearing was opened. Mayor Vandergrift explained some of the reuses. Other Cities, such as Altamonte Springs, have had a reuse program for some time. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked about the costs of water reuse and if the City will be concentrating on existing, or new, developments. Engineer Shira ,-",aid the City will concentrate on new developments because the costs of going into an established neighborhood, putting in new lines and going under driveways, tearing up shrubbery, and watching for cablevision T. V. is cost prohibitive now. City Manager Shapiro explained to Mr. Mohnacky that a reuse policy may, in the future, become mandatory by law as the aquifers become drier. Mayor Vandergrift questioned if it would be cost effective. The public hearing was closed. Commissioner Gleason said it primarily concentrated on the north and northwest section of the City. He asked if the piping will extend to the mall, if approved, and also, if the water could be used for the parks. City Manager Shapiro said it is one of the things that had been placed in discussion with the developers. Pipe is in the median strip from Clarke Road from A.D. Mims Road to White Road. The developers are agreeing, at this point in the negotiations, to do pipe under the rest of it in order to use it at the mall. Currently the City does not have enough water for the parks. It is something that can be done as the City moves by some of the public facilities but until there are more people in the town, the majority of the water will go to the golf course by contract. In response to Mayor Vandergrift's question on using old water tanks, Engineer Shira said that it was not feasible. It is less expensive to build new ones because of the hydraulics. Mayor Vandergrift asked for an explanation of the lake level control as listed in the Policy Governing The Installation And Use Of The Reclaimed Water System. City Manager Shapiro said the DEP has allowed the Cities to '-' 4 Ocoee City Commission Regular Meeting '-'June 7, 1994 use it for the purposes of storage within lakes, subject to the quality of the effluent. The City will soon hold an open house for the sewer p ant. Mayor Vanden!rift. seconded by Commissioner Gleason. moved to ado t Ordinance No. 94-1 relatin to water reuse olic inc1udin the chan es noted above and recommended bv the attornev. as oresented. On roll call Commissioner Combs voted "ave." Commissioner Foster "ave." Commissioner Gleason "ave." Commissioner Johnson "ave." and Mayor Vandenrrift "ave." Motion carried 5-0. PRESENTATION - The presentation to James Beech was made at this point in the meeting but appears under PRESENTATIONS AND PROCLAMATIONS for the purpose of clarity. RECESS 8:30 - 8:40 P.M. Travis Wigham, Franklin Street, asked the Commission to change the City Ordinance to allow open air markets as he would like to sell vegetables from a truck on commercial property at Franklin Street. City Manager Shapiro said others have gone through the process of a permit with inspections for safe buildings. Mr. Wigham did not have a permit or insurance and was in violation of the ordinance. He has been told 5-10 times that he should not be doing business, by both City and County officials. The City is being forced repeatedly to send people out to advise Mr. Wigham to leave from places all over the City. Mr. Shapiro advised that criminal proceedings will be forth coming to Mr. Wigham and the oroperty owner if he continues to sell vegetables from the back of his truck. Mayor Vandergrift said ,-"hat Winter Garden is touting an open air farmers market and asked how Ocoee's ordinance addresses such markets. City Manager Shapiro said the open air markets have been removed from the City Code and are illegal. A person could get permits for events. Commissioner Johnson said Mr. Wigham should go through the process like everyone else operating a business instead of doing it without permits. He also expressed objection to vendors on the comers. Commissioner Foster had no objection as long as Mr. Wigham was abiding by the certificates and regulations of the City. Commissioner Gleason was reluctant to permit people on any comer selling their wares. The City was in favor of a level playing field and there are people in town that play by the rules in getting proper permits. If Mr. Wigham was asking for the option to be able to get a permit to continue selling as he presently was doing, then he concurred with the City Manager and Commissioner Combs that it is not permitted under City ordinance. Mr. Wigham said he didn't know what to do as this was where he goes through his load of com. City Attorney Rosenthal said the City Manager has advised Mr. Wigham that if he stops and sells to them that he may be prosecuted criminally by the City. Mr. Wigham said he has been unemployed and is trying to get back on his feet but cannot compete in the market place. Mayor Vandergrift said the City could not waive the law just for Mr. Wigham. There are other opportunities available to him. OTHER BUSINESS '-' 5 Ocoee City Commission Regular Meeting ,-"une 7, 1994 FIRST READING OF ORDINANCES. SECOND READING AND PUBLIC HEARINGS SCHEDULED FOR JUNE 21, 1994. ORDINANCE NO. 94-17, RELATING TO WEIGHT RESTRICTIONS ON CITY MAINTAINED ROADWAYS AND INTERSECTIONS. Ordinance No. 94-17 was presented by title only for the first reading. City Manager Shapiro said the ordinance will provide a means for the City to impose weight restrictions on certain roads, including Clarke Road. Without the ordinance the City will be spending more money maintaining roads damaged by heavy trucks. Mayor Vandergrift announced the date and time of the second reading and public hearing. ORDINANCE NO. 94-18, REGULATING WASTEWATER SYSTEM USE AND PRETREATMENT STANDARDS. Ordinance No. 94-18 was presented by title only for the first reading. City Manager Shapiro explained this ordinance is required by the Federal Statutes to regulate conditions on what is allowed into the wastewater treatment plant. It also includes other rules regarding what can or cannot be accepted in processing the wastewater. He detailed conditions which might harm the biological or mechanical components of the system. Mayor Vandergrift announced the date and time of the second reading and public hearing. ~mSOLUTION NO. 94-11, RELATING TO THE ADOPTION OF CERTAIN JOB DESCRIPTIONS. Resolution No. 94-11 was presented by title only. City Manager Shapiro said there were a number of jobs approved in the budget at mid year and that it was customary to return the approved job descriptions for adoption by resolution by the Commission. Commissioner Gleason. seconded bv Commissioner Combs. moved to adopt Resolution No. 94-11. relating to the adoption of certain lob descriptions as presented. Motion carried 5-0. RESOLUTION NO. 94-12, ENDORSING THE SAVE OUR EVERGLADES INITIATIVE. Resolution No. 94-12 was presented by title only. City Manager Shapiro explained a newspaper article stated the court had set aside the question on the ballot as there were too many subject matters. It had also included commentary regarding whether or not they were fair. It was not part of the legal decision and was only a political decision. Mr. Shapiro pointed out that it mayor may not make a difference to the Commission regarding support of it but it must be understood that this probably is not going to make it to any kind of constitutional question this year. Mayor V ander~rift moved to adopt Resolution No. 94-12 with the intent in the Resolution to Save Our Everglades without making mention of putting it on the ballot. whatever amendments are necessary. City Attorney Rosenthal said there are now four provisions. Section I forced the Constitutional ballot issue and Section 3 encourages voters to sign the petition, which has now been struck. This would leave Section II which restates the support for the equitable principle that polluters must pay to clean up the pollutants they have caused. Mayor Vandergrift directed that any reference to a referendum or a ballot be stricken but he wanted '--' 6 Ocoee City Commission Regular Meeting ,--"iune 7, 1994 to be on record as being in favor of saving our Everglades. Commissioner Foster. seconded by Commissioner Gleason. moved to adoot Resolution No. 94-12. endorsing the Save Our Everglades Initiative. as amended by striking Sections one and three on oage two. as amended. Motion carried 5-0. RESOLUTION NO. 94-13, RELATING TO FDOT TRAFFIC SAFETY. Resolution No. 94-13 was presented by title only. Mavor Vanden!rift. seconded by Commissioner Johnson. moved to adoot Resolution No. 94-13. relating to FDOT Traffic Safety as oresented. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Gleason: Had no comments. Commissioner Combs: 1) Said he would like staff and other Commissioners to make him aware of things happening in his district. City Attorney Rosenthal cautioned Commissioners to communicate through the City Manager. ",':ommissioner Foster: Had no comments. Commissioner Johnson: 1) Asked about the status of the park planned for Pioneer Key Park II (by old Piggly Wiggly). City Mana~er Shapiro said it should be completed within 3-6 months. We have $25.000.00 worth of equipment going in there. 2) Said the potholes in the trailer parks need to be filled now. He had seen children playing in them. 3) Said he had seen four heavy trucks entering Clarke Road, all were pulling double loads. Mayor Vander~ift: 1) Asked about two drainage problems in Amber Ridge, one around DeNeef Park and one at the northwest comer of the retention pond. City Mana~er Shapiro said the first is a County problem and staff will call them to find out what can be done. and the developer has been put on notice to fix the problem with the pond. 2) Said a citizen had told him the City had a voluntary reduction in water pressure. City Mana~er Shapiro said there had been no voluntary reduction. 3) Asked if a clean up could be scheduled a couple times a year to pick up items not ordinarily included. City Mana~er Shapiro said staff will discuss it and he suggested planning for it in the budget. 4) Said he was still waiting for the downtown signs on SR50. Mr. Shapiro will check into them. ~ 7 Ocoee City Commission Regular Meeting ~une 7,1994 8) 9) 10) 11) 12) ~3) 14) 15) 16) ~ 5) Said the lakefront is looking nice. He would like to see cypress trees, a fountain, and a kiddy playground for Starke Lake. City Mana~er Shapiro said staff will not be removing the cat tails until the nesting egrets are gone. Staff will meet with nearby residents to assist them with cleanup plans as soon as possible. The City project is almost done. Mayor Vandergrift said Gettings Studio wants to clean the lake edge around their area. Asked if the developer would pay for improvements, such as plants, around the intersection of Clarke Road and Silver Star Road. City Mana~er Shapiro said there is no water there but staff would talk with the developers. He was also concerned about the manpower hours in maintaining the area. Said someone needed to check about Silver Glen violating watering rules. City Mana~er Shapiro said violators would be warned. Staff gives out the permit. Asked about restoring the brick streets. Mr. Shapiro said they would need to consider this as part of the budget. The estimate for one street was around $338.000. Asked for a couple of trash containers to be placed on the lake front. Said he had spoken with Betty Hager regarding the dock on Roberts Rise that had been a contribution to the City. He wanted to know if the City was misled by the developer. City Mana~er Shapiro said Commission had agreed on removal of the dock. Said basketball backboard is needed at Tiger Minor Park. Asked about trash baskets at the cemetery and a problem with standing water in a basin. Mr. Shapiro said staff will look into it. Said the Rails to Trails is opening in September from Winter Garden to Lake County. He asked all the City Commissioners to be looking at a Rails to Trails from the Industrial Park running south to Windermere, extending the project. Asked the status on the park benches. Liked the new sign at Pioneer Key. Expressed concern over the mosquitoes, asked about cooperation with the County to control them. City Mana~er Shapiro asked what cooperation meant. spending money. Test traps are regularly used here. Suggested there should be a 15 minute presentation by the Fire Department scheduled as June 1 was the beginning of the hurricane season. Channel 6 and Home Depot has an emergency pamphlet available. City Mana!!er Shapiro agreed that a presentation might possibly be made by the police and fire chiefs. and include the hospital as well. The Acting Police Chief. the Fire Chief. the Building and Zoning OfficiaL and the Public Works Director were in Tampa for training. In an emergency these people must work as a team. ~E +llI~T Mrs. Frances Watts'had received a call aeem an Emergency Preparedness Team thaf might be coming to Pioneer Key I on June 16. City Mana~er Shapiro said he knew nothing about it. 6) 7) 17) 18) Asked if the parks are going to have lighting within 30 days. City Mana~er Shapiro said that it has been ordered and will be done as soon as Florida Power gets to it. 8 Ocoee City Commission Regular Meeting ~june 7,1994 ADJOURNMENT The meeting adjourned at 9:30 p.m. Attest: ~ ....... APPROVED: City of Ocoee .:5'~S; 9