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HomeMy WebLinkAboutItem III (A) Acceptance and Approval of Minutes of the Special Session held May 2, 1994 and the Regular Commission Meeting of May 3, 1994 1 AGENDA 5-17-94 �-- 7 Item III A LUJuL� U� MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSION SPECIAL MEETING HELD May 2, 1994 CALL TO ORDER Mayor Vandergrift called the special meeting of the Ocoee Board of City Commissioners to consider the Developments of Regional Impact for Lake Lotta Mall and Lake Lotta Center to order at 7:30 p.m. in the commission chambers. The opening prayer was led by Commissioner Foster. Mrs. Frances Watts, Senior Citizens President, 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, City Engineer/Utilities Director Shira, Planning Director Wagner, City Clerk Grafton, and Clerk/Stenographer Lewis. ABSENT: None PUBLIC HEARINGS DEVELOPMENTS OF REGIONAL IMPACT-Lake Lotta Mall, Case No. DRI-1-9-93 and Lake Lotta Center, Case No. DRI-2-9-93. This hearing to be opened and continued to a date to be determined. Mayor Vandergrift asked the City Attorney to explain the purpose of the meeting. City Attorney Rosenthal explained that this special meeting of the City Commission, similar to the special meeting held April 14 by the Planning and Zoning Commission, was being held to satisfy a very complicated regulatory schedule put together by Planning Director Wagner. This schedule was made in order to coordinate the approval of both the Lake Lotta Mall and the Lake Lotta Center as regards statutory requirements with respect to the Comprehensive Plan and Developments of Regional Impact and our own City of Ocoee Code provisions. The required advertising and meetings have been scheduled in order to start the clock running on the calendar so that all the involved agencies will take action in a timely manner. The statutes require that this be done, but also require that no action be taken on these items unless action is taken on the Comprehensive Plan and the Development Order at the same time. The schedule includes a public hearing later this month to transmit the Comprehensive Plan amendments to the Department of Community Affairs and, following a lengthy process of Comprehensive Plan review cycle, the City will be in a position to finally legally act upon both the Comprehensive Plan amendments and the Development Orders at the same meeting. Mr. Rosenthal stated that this meeting was held for procedural reasons in order to provide that no one has a basis to challenge the City for failing to follow the procedures in any action taken. He said further that it would be acceptable to have a combined public hearing for Lake Lotta Mall and Lake Lotta Center; and, following comments from citizens, a motion to continue the hearing on each DRI application to a future date not yet determined would be in order. Mayor Vandergrift said that all the discussion so far has left the impression that all will vote in favor of the development as requested and he asked what would happen if that were not true. Mr. Rosenthal said that his statements did not presuppose a position by Commission and Commission has the prerogative to vote against it. If that happens there would be no further n 71 Ocoee City Commission Special Meeting L u u 1.;L U May 2, 1994 meetings on the matter and there would be no mall project. Mr. Shapiro questioned whether Commission could vote against the issue before the City's position statement had been prepared and he stated further that the presentations have not been made. Mr. Rosenthal clarified his earlier statement by pointing out that continuing the public hearing does not indicate a position on Commission's part either for or against the mall. The public hearing was opened for both the Lake Lotta Mall and the Lake Lotta Center. Bruce Hossfield, P. O. Box 2975, Orlando 32802, of the Sierra Club and a Professional City Planner, explained the pamphlet he distributed, "Lessons Not Yet Learned" regarding environmental issues. He expressed concern on (1) gopher tortoise population habitat, (2) mass transit and the possible future lack of fuel for transportation, and (3) the shape of buildings, encouraging two-story buildings requiring less footprint space and smaller parking area. Gretchen Jacobs, 9127 Elizabeth Court, Orlando 32818, said the citizens of Rosemont Subdivision have had a lot of cooperation from the Commission, Developer and Staff. She was concerned over the traffic that the mall will bring to SR50 and suggested that the road be widened before the construction of the mall begins. Rob McKey, 1110 Wineberry Court, expressed concern over unresolved details and traffic on SR50. He requested the City look at this seriously to make sure the City gets funding and design. Bill Cordell, 851 Hammocks Drive, also suggested the widening of both Clarke Road and White Road before construction of the mall and center. Mayor Vandergrift brought the discussion to the table. Commissioner Gleason asked Mr. Hossfield if gopher tortoise transfers are successful. Mr. Hossfield said he was not an expert but he was aware that gophers carry disease and do not transfer well. Mayor Vandergrift asked if this was the right time to give input for things he would like to see incorporated in the mall if it comes. Mr. Shapiro said that he could do that at any time but that most will wait until the public hearing in August when more information will be available and Planning and Zoning Commission will have submitted their opinion. Commissioner Gleason echoed concerns over traffic and suggested looking into costs of widening SR50 to 6-8 lanes. 2 Ocoee City Commission Special Meeting jj May 2, 1994 Commissioner Combs agreed with Commissioner Gleason and said that he relies on the recommendations of the Planning and Zoning Board. He had not come to make judgment for or against the mall and center. Commissioner Foster said that he would withhold comment until later. Commissioner Johnson said he would not comment on the mall but the City should first do its homework as to the roads. Orange County has allowed commercial development all around the City of Ocoee and has not done anything to accommodate the traffic generated by that development. Mr. Neil Frazee, representing Barry Goodman, and Mr. Peter Lopez, Attorney for Homart, introduced themselves and said they were present to answer any questions. Mayor Vandergrift noted that, in the 15 page letter from ECFRPC, 9 of those pages were devoted to traffic. He suggested that staff use the computer diskettes referred to in that letter and set up a hot line for citizens to leave questions. He said he wanted to see a "park for cars" to include trees and plants instead of a parking lot, and that there were many areas of concern the City Commission should look at regarding the mall and center. Ms. Marilyn Ozanian, 20 Bayer Lane, Orangeburg, NY 10962, expressed a desire to see the fares lowered on the East/West Expressway as the road is relatively unused even though it was designed to relieve the traffic on Highway 50. Mayor Vandergrift closed the public comments for this portion of the public hearing. Attorney Neil Frazee, Miller-Sellen Associates, Inc., spoke for Barry Goodman and Lake Lotta Ltd., and said he had no objection to the public hearing being continued. Attorney Peter Lopez, Lowndes, Dosdick, Doster, Kantor & Reed, spoke for the Homart Development Company, and respectfully requested continuance of the public hearing. LAKE LOTTA MALL, CASE NO. DRI-1-9-93 Commissioner Foster, seconded by Commissioner Combs, moved to continue the public hearing on the Lake Lotta Mall, Case No. DRI-1-9-93, to a date in the future to be determined. Motion carried 5-0. LAKE LOTTA CENTER, CASE NO. DRI-2-9-93 3 f Ocoee City Conunission Special Meeting May' , 1994 Commissioner Foster, seconded by Commissioner Johnson, moved to continue the public hearing on the Lake Lotta Center, Case No. DRI-2-9-93, to a date in the future to be determined. Motion carried 5-0. STAFF REPORTS There were no reports at this time. COMMENTS FROM COMMISSIONERS There were no comments from Commissioners. ADJOURNMENT The meeting adjourned at 8:30 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 4 y 1 1 AGENDA 5-17-94 LL3LL 03 A, .F Item III A 1 d'MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSION REGULAR MEETING HELD May 3, 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 Larry Roberts of the Ocoee Church of Christ. 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, City Engineer/Utilities Director Shira, Building Official Flippen, Planning Director Wagner, City Clerk Grafton, and Clerk/Stenographer Lewis. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift read Proclamations proclaiming National Public Works Week for the week of May 15-21, 1994 and National Day of Prayer for May 5, 1994 in the City of Ocoee. Commissioner Gleason announced that a team representing the City of Ocoee, made up of Mayor Vandergrift, Beverly Alcorn, Mary Barber, and himself had placed second in the Orange County School Board Second Annual Community Challenge held on Tuesday, April 26, 1994 and he presented the 2nd place plaque to Mayor Vandergrift. Commissioner Gleason said the award was very important as it establishes one more link between the private citizens, City government, and the County School Board to work hand in hand together. Mayor Vandergrift presented a special Certificate of Recognition to Ms. Alcorn, Ms. Barber, and Commissioner Gleason. Mayor Vandergrift introduced and presented Ryan Murnane and Frankie Alcorn with a Certificate of Recognition for their honesty in returning $300-500 to the person who had lost the money. Ryan and Frankie had made extra effort in getting the money back to the owner. Mayor Vandergrift read a special Mother's Day card signed by each of the Commissioners and, honoring all mothers everywhere, presented it to Mrs. Frances Watts, Senior Citizens President. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, and G. Commissioner Gleason made a motion to remove item G to Other Business for discussion. Mayor Vandergrift announced that the motion died for lack of a second. Attorney Rosenthal pointed out that no motion was needed and he explained that any Commissioner had the right to request that an item be pulled from the Consent Agenda and such action does not require a vote. Discussion Ocoee City Commission Regular Meeting r-�May 3, 1994 Lit] .� ensued on items B, C, D, E, and F. On item B Commissioner Johnson asked why the trailers stacked around are not included in the surplus sale. It was determined that if the trailers were not to be used Public Works Director Brenner would be directed to add them to the surplus sale. On item C, he noted that design changes and charges keep showing up for the new City Hall and Police Department. Administrative Services Director Beamer said that in the beginning a basic building was included in the estimate and as the building progresses some things become evident that are needed, and that providing those things now will cost less than waiting until after completion of the building. On item F Commissioner Combs said that he has a problem approving the Temple Groves plat if a change is not made to provide guard rails. There was further discussion regarding whose responsibility it was, or should be, to make this provision. On item G Commissioner Gleason said the realignment of the City Hall/Police Department roadway was approved with a 15% increase for brick pavers and he objected to this being a consent agenda item. City Manager Shapiro advised that the estimate came in higher than that approved 15% and further Commission action would be necessary to incorporate the change. Commissioner Combs mentioned that some time ago he had asked staff to locate the 15,000 bricks that had been taken up from the streets but that no one has located them. He added that he knows there are a lot of 1/2 bricks stored at the sewer plant. Mayor Vandergrift, seconded by Commissioner Gleason, moved to approve the consent agenda items A, B, C, D, E, F as presented (with the addition of the trailers to item B if they are not needed) and pull item G for a separate discussion and vote. Motion carried 4-1. Commissioner Combs voted "nay." Mr. Rosenthal clarified that the nay vote was for item F only. A. Acceptance and Approval of Minutes of Regular Commission Meeting of April 19, 1994. B. Approval and Authorization to declare certain vehicles from Solid Waste, Police, and Recreation Departments to be Surplus Vehicles and ready for sale. C. Approval and Authorization for Mayor and City Clerk to Execute Change Order No. 11 with Huber Design and Construction for gutters for City Hall/Police Department Building. D. Heller Bros. - West End Professional Park 1. Approval and Authorization for Mayor and City Clerk to Execute Amendment to Developer's Agreement. 2. Approval to Extend Date for Final Subdivision Plan. E. Approval and Acceptance of Silver Glen, Phase II, Village I - Final Plat. F. Approval and Acceptance of Temple Grove Estates, Phase II - Final Plat. THIS ITEM WAS PULLED FOR FURTHER DISCUSSION. 2 Ocoee City Conunission Regular Meeting L'' L .\ May 3, 1994 G. Approval and Authorization for Mayor and City Clerk to Execute Change Order No. 12 for Huber Design and Construction for brick pavers for City Hall/Police Department Building. Commissioner Foster asked how far along the City Hall is toward completion, the current stage of construction, and if there will be additional change orders or costs needed down the line to complete the building. He said that he was in favor of the special paving if the City could possibly arrange it and he agreed with Commissioner Johnson as it would be a great contribution to the building. Administrative Services Director Beamer said a meeting the next day would confirm the specific dates for completion and those will be presented at the next meeting. The roadway realignment will begin this week with the necessary cuts. It had nothing to do with the brick pavers but makes certain the road is put back. There will be other change orders as the staff had found electrical services that are necessary which were not included. City Manager Shapiro said if approved the mid-year budget will have additional funds set aside for a Capital Improvements budget that might be used. Some of the change orders have been of our own design needs. The costs of the total amount of change orders has been limited. Commissioner Johnson, seconded by Commissioner Foster, moved to approve and authorize the Mayor and City Clerk to Execute Change Order No. 12 for Huber Design and Construction for brick pavers for City Hall/Police Department Building as presented. Motion carried 3-2. Commissioners Combs and Gleason voted "nay." COMMENTS FROM CITIZENS/PUBLIC Sam Woodson, 814 Chicago Avenue, spoke about "Operation Life Saver" and said that several weeks ago he had the opportunity to take a very special train ride to Miami designed to show the passengers the risks that people take when a train is approaching. He urged citizens to "Stop, Look, Listen, and Live" by stopping at all railroad crossings. PUBLIC HEARINGS Second Reading of Ordinances ORDINANCE NO. 94-09, RELATING TO NUISANCES, WEEDS, GRASSES AND ABANDONED OR UNSAFE SWIMMING POOLS. Ordinance No. 94-09 was presented by title only for the second reading and public hearing. City Manager Shapiro said this ordinance was the result of a discussion that had occurred at the Commission meetings regarding a piece of property where the owner could not be contacted, and the City had only authority to cite the owner but not to actually mow the lawn. Other areas of concern regarding swimming pools or other possible health/safety factors were included as well. Ordinance No. 94-09 will give the City the authority in certain health/safety situations to go on the property, take care of the problem, and lien the property. The public hearing was opened and no one wished to speak. The public hearing was closed. 3 0 Ocoee City Commission Regular Meeting r ' u May 3, 1994 Mayor Vandergrift said the City is returning to an ordinance that the City had earlier yet this will allow staff to move more quickly than in the past. Commissioner Gleason asked if this ordinance will cover undeveloped lots that are left vacant, adding these places are breeding places for rats and snakes. City Attorney Rosenthal confirmed the ordinance does include undeveloped lots. Mayor Vandergrift, seconded by Commissioner Combs, moved to adopt Ordinance No. 94-09, relating to nuisances, weeds, grasses and abandoned or unsafe swimming pools as presented. On roll call Conunissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. ORDINANCE NO. 94-10, RELATING TO HOURS OF OPERATION OF PARKING LOT SWEEPER. Ordinance No. 94-10 was presented by title only for the second reading and public hearing. City Manager Shapiro said the ordinance is the result of complaints received about Albertson's Shopping Center where people were living within 30-40' of the property. The street cleaners were operating the sweepers while neighbors were trying to sleep. Ordinance No. 94-10 will provide for a buffer area against noise, and also include a time frame to allow people that must live next to commercial sites to enjoy their residences. City Manager Shapiro said he had received a letter of objection from a citizen living on property adjoining the Albertson's property saying 9:00 p.m. was not appropriate and he said, for the record, the City felt the 9:00 p.m. time frame is logical and should not be changed unless Commission chose a different time. There must, however, be a reasonable time frame for commercial property owners to clean their lots. The public hearing was opened. Shirley Hoskins, 819 E. Harbour Court, expressed concern over 9:00 p.m. being too early to begin the sweeping as the traffic must be out of the parking lots. She said the Food Lion Court is a disgrace and always dirty. Sam Woodson, 814 Chicago Avenue, said he had been in the parking lot at 10:15 p.m. on a Sunday night and the sweeper was doing a good job but there were still several cars on the lot. R.P. Mohnacky, 1820 Prairie Lake Boulevard, said most businesses do not close until 9:00 p.m. and he suggested the sweeper begin in a position close to the business and work away from it. The public hearing was closed. Commissioner Foster, seconded by Commissioner Johnson, moved to approve Ordinance 94-10, relating to hours of operation of parking lot sweeper as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Conunissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. 4 Ocoee City Commission Regular Meeting s } May 3, 1994 RECESS 8:30 - 8:40 P.M. ORDINANCE NO. 94-11, REZONING PER CASE NO. 1-1R-94:GLAD TIDINGS Ordinance No. 94-11 was presented by title only for the second reading and public hearing. City Manager Shapiro said both Staff and the Planning and Zoning Commission had agreed that the church's request for a child care center should be approved but there was a difference of opinion on the proper method to use. Mr. Shapiro suggested the Planning Director review those differences so there would be clear understanding that neither the staff, Planning Department, nor Planning Board is opposed to what the church wants to do. Planning Director Wagner said the church wants to operate a child care facility and City ordinance requires a special exception to do that. Unfortunately the church is in a zone for which that special exception is not provided, so the church was asking for a change in its zoning so that they could then apply for the special exception to operate the child care center. The special exception is also on the agenda. The Planning and Zoning Commission (P&Z) considered the items separately, as the zoning had to be considered on its own merit. His staff report states that he believed the existing use, the surrounding area, and the street network, etc., make the change in the zoning appropriate, and he had recommended approval of the rezoning on that basis. The P&Z felt that the R2 zoning set a precedent as spot zoning, and they did not wish to grant that zoning in that area for fear that it would affect the surrounding area. As a separate item on the special exception they were generally in favor of the land use as a special exception. The P&Z had suggested that the City Commission consider changing the Land Development Code to permit a special exception in a wider range of uses so this parcel would not have to be rezoned. The P&Z had asked that the Commission look at all types of uses that are permitted by the special exception. The public hearing was opened. Rev. Dillard Burgess, Pastor of the Ocoee Glad Tidings Assembly of God Church, explained the church wishes to utilize these facilities for a child care center during the weekdays to help support their ministry and provide a needed community service. As no one else wished to speak, the public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to adopt Ordinance 94-11, rezoning per Case No. 1-1R:Glad Tidings as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Conunissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. THE PUBLIC HEARING FOR THE SPECIAL EXCEPTION APPLICATION - OCOEE GLAD TIDINGS ASSEMBLY OF GOD, CASE NO. 1-2SE-94:GLAD TIDINGS - WAS CONSIDERED AT THIS POINT IN THE MEETING RATHER THAN AS LISTED ON THE AGENDA AFTER ORDINANCE NO. 94-12. 5 -73 Ocoee City Commission Regular Meeting ' \ U May 3, 1994 SPECIAL EXCEPTION APPLICATION - OCOEE GLAD TIDINGS ASSEMBLY OF GOD, CASE NO. 1-2SE-94:GLAD TIDINGS. City Attorney Rosenthal announced the issue: Should a special exception be granted for the Ocoee Glad Tidings Assembly of God to operate a child care facility in an R2, one-family and two-family zoning district? The public hearing was opened and no one wished to speak. The public hearing was closed. Commissioner Combs, seconded by Commissioner Gleason, moved to approve the Special Exception A. I lication-Ocoee Glad Tidin.s Assembl of God Case No. 1-2SE-94:Glad Tidin's with the following conditions as recommended by staff: 1) That all required fire code safety items be installed prior to issuance of an Occupational License for the child care center, 2) That the total number of children utilizing the facility be limited to a maximum of 35 individuals; 3) That a Final Certificate of Concurrency be secured prior to issuance of an Occupational License; 4) That the child care center be operated by the church and not a private organization; 5) That the child care center be licensed to meet appropriate state requirements; 6) That the proposed outside play area be located toward the north end of the building and that a 6' wooden fence be installed and maintained on the south side to screen the area from adjoining residences. Motion carried 5-0. ORDINANCE NO. 94-12, RELATING TO SINGLE MEMBER DISTRICTING BOUNDARY CHANGES. Ordinance No. 94-12 was presented by title only for the second reading and public hearing. City Manager Shapiro explained that this ordinance realigns some of the districting lines at the recommendation of the Districting Committee following testimonies by a number of people regarding small changes to reunite neighborhoods in the district. The public hearing was opened. Mr. Sam Woodson, 814 Chicago Avenue, suggested changes he would like made in the districting lines. During the discussion Commissioner Gleason said that when the issue was introduced he had understood that citizens had requested that the change be made, but since the introduction of the ordinance at the last meeting he had heard from several citizens objecting to the change and had heard from none who were in favor of it. Commissioner Johnson said he felt that neighborhoods should not be separated and this ordinance is just correcting that issue. The public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to adopt Ordinance No. 94- 12, relating to single member districting boundary changes as presented and recommended by the Districting Committee. On roll call Commissioner Combs voted "aye," Commissioner 6 1 -LTA , Ocoee City Commission Regular Meeting u' M �I May 3, 1994 Foster "ave," Commissioner Gleason "nay," Commissioner Johnson "ave," and Mayor Vandergrift "aye." Motion carried 4-1. ORDINANCE NO. 94-14, RELATING TO WATER SHORTAGE MEASURES. THIS IS AN EMERGENCY ORDINANCE WHICH MAY BE ADOPTED WITHOUT ADVERTISING ON FIRST READING BY A TWO-THIRDS VOTE OF THE CITY COMMISSION. Ordinance No. 94-14 was presented by title only for the only scheduled reading and public hearing. City Manager Shapiro explained that Commission was advised at its last meeting that there was a problem keeping up with the water supply as a result of the drought and that it was important and imperative that the City begin enforcing the ban suggested by the St. Johns River Water Management District. Ordinance No. 94-14 supports the Water Management District position, whether it is the current ban or any other ban that it places, and states that a warning will be given to everyone ahead of time so citizens are not immediately penalized without being aware of the new rules. Staff requested that this be considered an emergency and, as the attorney had advised, based upon that emergency and a two-thirds vote, the ordinance can be passed with one hearing. Attorney Rosenthal said the Commissioners had received along with the ordinance a copy of the Florida Statutes. Normally there is a first reading at which no vote is taken. Between the first and second reading, the City advertises and has an advertised public hearing at a second reading. Florida Statutes provide that the Commission has the authority to act upon an emergency ordinance without complying with the advertising requirements and the requirements for two readings, provided that the Commission does it with a two-thirds vote. The text of the ordinance includes various provisions reciting the basis for the declaration of emergency which are legally sufficient for enactment of emergency ordinance under Florida Law. Also because there was some advanced notice that this would be on the agenda, this could technically be considered an unagendaed item but there is some notice to the public in that it has been posted on the agenda as an emergency ordinance with notice that it may be adopted on the first reading at this meeting. If the ordinance does not receive a two-thirds vote at this meeting then it would have to come back at the next Commission meeting on a second reading and advertised public hearing for consideration. The public hearing was opened. Mrs. Frances Watts, 43 Shell Key Park, said the St. Johns River Water Management District was a good thing but it does not have the personnel to go around in all the cities and it is up to our City to take care of the citizens. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked if this was something that the Commission had already talked about. City Manager Shapiro said that this was the enabling ordinance to allow the City to enforce the rules of the Water Management Districts and those rules have been discussed. 7 rn Ocoee City Commission Regular Meeting May 3, 1994 The public hearing was closed. Commissioner Combs, seconded by Commissioner Gleason, moved to adopt Ordinance No. 94-14, relating to water shortage measures as presented, as an emergency ordinance. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. OTHER BUSINESS FIRST READING OF ORDINANCES. SECOND READINGS AND PUBLIC HEARINGS ARE SCHEDULED FOR MAY 17, 1994 AT 7:30 P.M. ORDINANCE NO. 94-13, REVISING UTILITY SERVICE POLICY. Ordinance 94-13 was presented by title only for the first reading. Mayor Vandergrift announced the date and time of the second reading and public hearing. RESOLUTION NO. 94-09, INSTITUTING THE APPLICABILITY OF THE WATER SHORTAGE MEASURES ADOPTED IN ORDINANCE NO. 94-14. Resolution No. 94-09 was presented by title only. City Manager Shapiro said this is the resolution to enforce Ordinance No. 94-14. Commissioner Foster, seconded by Mayor Vandergrift, moved to adopt Resolution No. 94-09, instituting the applicability of the water shortage measures adopted in Ordinance No. 94-14 as presented. Motion carried 5-0. RECESS 9:30 - 9:40 P.M. QUARTERLY REPORT - FINANCIAL ANALYSIS Administrative Services Director Beamer presented the Quarterly Budget Review and said that it shows a very positive picture financially. The franchise taxes, utility taxes and solid waste revenues reflect the anticipated growth. The investment activity is still as strong as it had been in the past with the interest rates holding at 7% on various funds. Building activity is beginning to climb again. Commissioner Combs complimented Ms. Beamer for a good job. Commissioner Gleason asked for clarification on the cut-off fees. Ms. Beamer said that there are consistently 80-100 accounts per month that are being charged the $20 fee. Commissioner Combs asked whether the water meter is removed if someone moves out and said that he felt that the City may be losing revenue in some areas where people move in and run a garden hose from a neighboring house where there is a meter. Ms. Beamer said that the decision to remove a meter depends on several factors and that if someone attaches a hose to a metered address, the City still gets the revenue from the use of the water. Mayor Vandergrift noted the false alarm revenue indicates there was a real need for the ordinance and it was not intended to be a money maker for the City, but rather an incentive for citizens to keep their alarm systems in good repair. There was no action needed or taken on this item. 8 rq Fr3 ET ri moi, Ocoee City Commission Regular Meeting J L\ l_ May 3, 1994 MID-YEAR BUDGET AMENDMENT. FIRST READING OF ORDINANCE NO. 94-15, AMENDING THE 1993/94 BUDGET. SECOND READING AND PUBLIC HEARING ARE SCHEDULED FOR MAY 17, 1994. Ordinance No. 94-15 was presented by title only for the first reading. Mayor Vandergrift announced the date and time of the second reading and public hearing. (Administrative Services Director Beamer asked Commissioners and staff to bring the purple budget books to the next meeting.) DISCUSSION: FLORIDA POWER CORPORATION - CLARCONA/CROWN POINT POWER SUBSTATION. Paul Lewis, General Manager of Florida Power Corporation, 8 N. Highland Avenue, Winter Garden, advised that, in order to adequately serve the needs of the public, Florida Power proposes the construction of a new substation which will be on-line in 1997. This substation is to be located near Fullers Cross Road and Ocoee-Apopka Road and Mr. Lewis described the potential routes along which the 69kV transmission line may be placed between that proposed substation and the existing substation located near Clarcona-Ocoee Road and Apopka-Vineland Road. One of the routes follows along Clarcona-Ocoee Road and Fullers Cross Road and another follows Apopka-Vineland Road on the east border of the City and McCormick Road on the north, then south along Ocoee-Apopka Road to the Fullers Cross Road intersection. Following a brief discussion, Mayor Vandergrift, seconded by Commissioner Johnson, moved to recommend to Florida Power the use of the McCormick Road route for the lines to the proposed substation, and to direct that a letter be delivered stating the City's position. Motion carried 5-0. APPOINTMENTS TO BOARDS CODE ENFORCEMENT BOARD - Frank Carlsson's three year term expires June 1994. Commissioner Combs, seconded by Commissioner Gleason, moved to reappoint Frank Carlsson to serve on the Code Enforcement Board with term to expire June, 1997. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Gleason: 1) Announced the celebration of Arbor Day on April 29 and said that every day should be treated as Arbor Day. He thanked Ocoee, Clarcona, and Spring Lake Elementary schools for their participation. 2) Announced Founders' Day on May 14. 3) Requested that people place their garbage by the curb and not in front of their mailbox which may interfere with the delivery of their mail. 9 I —6? 7-4 Ocoee City Commission Regular Meeting I) May 3, 1994 4) Announced the Big Orange Games for Saturday, May 7, at the Ocoee Middle School track field. 5) Thanked Beverly Alcorn and Mary Barber for their participation in the Orange County Public Schools Problem Solving Challenge. 6) Reminded the citizens that Bob Freeman will be holding a meeting on the Western Beltway at the Orange County Services Building Thursday, May 5. 7) Asked City Engineer Shira to advise him when he receives notice about the date for a possible Orange County public hearing for the water plant. Commissioner Combs: 1) Announced Founders' Day on May 14 with entertainment beginning at 10:00 a.m., that will include tours, food and drink. 2) Asked that the managers of Food Lion and WalMart be contacted about the condition of the parking lots that are littered with beer cans and bottles. 3) Asked about the S curve along Silver Star and if anyone was doing anything about it. City Manager Shapiro said he would check on it. Commissioner Foster: 1) Said all had been covered. 2) Announced the un-executive pink shirts that he and the Mayor were wearing suggested they were twins. He wanted everyone to remember him as the good looking twin. Commissioner Johnson: 1) Asked about the turn lanes on Silver Star Road. City Manager Shapiro said one has been authorized, but no more lights will be done until the City gets the warrants. For the record, as Commissioner Combs requested, a traffic survey was done re: sand trucks and, as it is now lawful to put 10-ton limit signs, he will so instruct signs to be posted on Clarke Road if no ordinance is needed. Staff may look at making Bowness Road a state road and require trucks to use that route. 2) Said the functions at the Withers-Maguire House create parking and traffic problems on Oakland Avenue and suggested leaving it open on upcoming events. He said "Parking" and "No Parking" areas are needed. 3) Announced a U.S. Postal Service Food Drive on May 14 and asked anyone donating canned goods to place them by, not in, their mailbox. He had been informed the food items could be kept in the City. Mayor Vandergrift: 1) Warned everyone that shysters are appearing as business men in the City, shamming people out of rent in a foreclosure situation. In at least one case $1500 rent was given and HUD informed the people the house was in foreclosure. The shyster disappears once 10 1 --q 1\ ' in , 1lir' Ocoee City Conunission Regular Meeting May 3, 1994 the money is collected. He did not want the scams happening in the Ocoee community and suggested the citizens call the Ocoee Police Department, Channel 9, or himself. 2) Noted that the Pioneer Key Newsletter is continuing to come out and the Crimewatch was helping. ADJOURNMENT The meeting adjourned at 10:10 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 11