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HomeMy WebLinkAboutItem III (A) Acceptance and Authorization of Minutes of the Regular Meeting held June 21, 1994 DRAFT AGENDA 7-5-94 Item III A Subject to Board Approval! MINUTES OF THE CITY OF OCOEE CITY COMMISSION REGULAR MEETING HELD June 21, 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. He presented a special Mayor of the Moment (MoM) program and introduced the first MoM Kevin Forte who delivered the invocation. Mrs. Frances Watts, Senior Citizens President, led in the pledge of allegiance. MoM Forte introduced his parents, Jim and Connie Forte, sister Chelsea, and Patricia Ius, assistant principal of Ocoee Middle School. He then called the roll, declared a quorum was present, and turned the meeting back over to Mayor Vandergrift. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Public Works Director Brenner, Recreation Director Beech, Building Official Flippen, City Engineer/Utilities Director Shira, Planning Director Wagner, Concurrency Analyst Resnik, City Clerk Grafton, and Clerk/Stenographer Lewis. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift made the following comments on non-agenda items: 1) reported receiving a letter indicating that the Governor had vetoed House Bill 2063, regulating the lighting and zoning around bank teller machines, and said that he (Mayor) wanted to deal with it on a local level; 2) reported receiving a request from Mayor Sandra Freedman, Tampa, for Ocoee to oppose casino gambling and asked that this be placed on the next agenda for discussion; 3) Orange County is running a waterways clean-up hotline beginning 9:00 a.m., July 9; 4) discovered a newspaper item regarding summer olympics that "McWherter pledges $4 million for Ocoee" but learned the City was in Tennessee and not Florida; and 5) he has adopted a bald eagle, and is working to make Ocoee a Wildlife Preserve. Mayor Vandergrift said that two Ocoee Little League (baseball) teams had made the district playoffs and introduced the coaches, who in turn introduced team members. Coach Keith Keller thanked the Commission for recognizing the minor league team 3rd place winners and introduced Gary McGough, Jason Keller, Justin Sears, Garrett Golden, A.J. Fitzpatrick, Jacob Carpenter, and Nathan Lockard. Coach Gregory Smith, of the junior division, thanked the City for the work that had been done on the Sr. League field, and introduced Coaches Jerry Kennedy and Chris Bell, and junior division district 14 champions Billy Swindle, Scott Kennedy, Jason Hamons, Billy Langston, Ben Bannon, Jacob Hoffman, Addle Smith, Sean Jernus, Brian Crowe, Andrew Clayton, James Rosenblum, and Joe Dowling. DRAFT Ocoee City Commission Regular Meeting Subject to Board June 21, 1994 Approval CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. On item C, Commissioner Gleason asked if the developer has a method to notify prospective buyers of tree buffer restrictions and set back regulations for those homes. It appeared unlikely that a buyer could place a pool on the lot due to the setback regulations. Mr. Hugh Harling, representing the developer of the project, said prospective buyers will be informed and the plat will note the 20 ft. buffer restriction. Mayor Vandergrift asked if approval for building will be given before completion of Hackney Prairie Road and Clarke Road. City Attorney Rosenthal said terms of the developer agreement for the subdivision entitled them to obtain building permits upon commencement of construction of Clarke Road which has happened based upon preconstruction conferences. The Developer Agreement includes restrictions on the pulling of certificates of occupancy prior to the completion of Clarke Road. Completion of Hackney-Prairie Road segment is the responsibility of the City and not the developer. Commissioner Johnson pointed out that developers are reminded that advertisements should not show projects as being "north of Windermere" or "north of anywhere." He wanted the public to know they were in Ocoee. On item IIIB, Mayor Vandergrift asked if the G.I.S. System would be purchased outright and City Engineer Shira explained the hardware is an outright purchase but the software license is leased. Approval of the maintenance contract will give the City frequent periodic updates to that software as well as software support. Mayor Vandergrift, seconded by Commissioner Foster, moved to approve the consent agenda as presented. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Regular Meetings held May 17, 1994 and June 7, 1994. B. Approval and Authorization for Mayor and City Clerk to Execute the Software License Agreement and the Software Support Agreement with SHL Systemhouse, Inc. in the combined total amount of $4,691.25 for the G.I.S. System. C. Approval and Acceptance of Prairie Lake Subdivision, Phase I and II - Final Subdivision Plans. D. Approval and Authorization to Accept Offered Bid of $10,100.00 for Surplus Vehicle, 1988 Ford Cab Over (Solid Waste). E. Approval and Acceptance of Ocoee Industrial Park, Phase I - Final Plat. COMMENTS FROM CITIZENS/PUBLIC Frank McCord, 1240 Russell Drive, had addressed Commission before about Muscovy ducks and pollution on Peach Lake. He appreciated all the City had done but expressed concern about the cattails growing in the lake filtering and catching debris. He also requested the removal of 5 domestic geese. Mayor Vandergrift asked that PPTD Supervisor Elmore be directed to remove the cattails. City Manager Shapiro said the City must have a permit and Supervisor Elmore said the water is not high enough yet to get a permit. Mayor Vandergrift asked Mr. McCord to contact Orange County and St. Johns for additional information. Mr. McCord 2 DRAFT Ocoee City Commission Regular Meeting Subject to Board June 21, 1994 Approval wanted the City to do it, and asked again that the geese be removed. Mr. Shapiro said staff will research code and cite citizen if necessary to remove the geese. PUBLIC HEARINGS Second Reading of Ordinances 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 second reading and public hearing. City Manager Shapiro explained that the ordinance sets a standard of weight restrictions, based upon the engineering standards of that road, in particular Clarke Road. After completing a study it was determined that the weight of large trucks would deplete the resource quicker than planned before construction, therefore, under the law the City will restrict those pieces of equipment from using those roads. Weight limit signs will be posted immediately upon passing of the ordinance. The public hearing was opened and no one wished to speak. The public hearing was closed. Mayor Vandergrift asked who would enforce this law and what appeal process would be available. City Manager Shapiro explained it will be enforced by the Police Department, with no appeal process. All vehicle registration forms include weight information and police will be directed to review the weight slips to determine whether a violation exists. Commissioner Gleason asked Commission if it should change the word may to will or shall so that it spells out what will be done as opposed to leaving it to the discretion of the officer. City Attorney Rosenthal said the way this ordinance is drafted it is all at the discretion of the City Engineer due to technical data that is required. City Manager Shapiro explained some leeway may be desirable, so may is the appropriate word. Conunissioner Gleason commended Commissioner Combs as it was he who had brought the issue involving weight on Clarke Road to the Commission. Mayor Vandergrift said he had been stopped by a citizen complaining about a semi-truck on Russell Drive. Mayor Vandergrift, seconded by Commissioner Combs, moved to adopt Ordinance No. 94-17, relating to weight restrictions on City maintained roadways and intersections, as presented. On roll call Commissioner Combs voted "aye," Conunissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. ORDINANCE NO. 94-18, REGULATING WASTEWATER SYSTEM USE AND PRETREATMENT STANDARDS. Ordinance No. 94-18 was presented by title only for the second reading and public hearing. City Manager Shapiro explained that the ordinance included the requirements of the law and 3 DRAFT Ocoee City Commission Regular Meeting Subject to Board June 21, 1994 Approval established a set of rules regarding what elements are acceptable in the City plant. Mayor Vandergrift said the ordinance covers industrial sewer coming into the sewage treatment plant. The public hearing was opened. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked for a definition of MGL and Engineer Shira responded it is micrograms per litre. Mr. Mohnacky said the exclusions are not specified. Engineer Shira said that particular elements are not allowed and a determination whether the system could handle a particular waste would be made following a study at the time a request was made. The public hearing was closed. Commissioner Gleason asked if there is a charge for an industrial wastewater treatment permit. Engineer Shira said fees will be set by a resolution approved by the Commission. Commissioner Gleason asked if there will be a fine for a facility which does not comply and if the surcharge will be large enough to encourage compliance. Engineer Shira said a fine and having the DEP involved could shut down the facility. The surcharge for the City would cover only City costs of increased monitoring. City Attorney Rosenthal explained that F.S. 173.75 allows enforcement, under Chapter I, and also allows emergency measures including interruption or termination of service without notice that there is a violation. A person cannot violate the ordinance and pay a surcharge as a method of safely violating the ordinance. Mayor Vandergrift asked if the new sewer plant will have any place where the public can take wholesale sewerage. Engineer Shira said a storage area would be needed and the plant has a delicate balance and is not designed for that type of service. Mayor Vandergrift suggested, on page 3, that "or his designee" be added to "the director of public utilities department." Engineer Shira said it would be better to change it at the time the position changes. Mayor Vandergrift, seconded by Commissioner Johnson, moved to adopt Ordinance No. 94- 18, regulating wastewater system use and pretreatment standards, as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. RECESS 8:30 - 8:40 P.M. ORDINANCE NO.94-19, ADOPTING COMPREHENSIVE PLAN AMENDMENTS: CPA- 94-1-1, CPA-94-1-2, AND CPA-94-1-3. Ordinance No. 94-19 was presented by title only for the second reading and public hearing. Planning Director Wagner explained the ordinance contained general changes to the Comprehensive Plan. As pointed out by the City Attorney the changes related to the ELMS 4 DRAFT Subject to Board Ocoee City Conunission Regular Meeting Approval June 21, 1994 legislation and concurrency. Various elements also needed updating. The State had requested the change of two minor items and staff recommended deletion of these items as they can be dealt with later in the Comprehensive Plan Amendment related to the Joint Planning Area (JPA) of Orange County. With Commission adopting the transmittal plan, with the two deletions, the State should have no objections to the plan. The public hearing was opened. R. P. Mohnacky, 1820 Prairie Hackney Boulevard, asked if the City makes up the Comprehensive Plan, whether it is approved by the State, and if it correlates with other Cities. City Manager Shapiro said each city makes its own plan to be approved by the State. The object is to coordinate neighboring cities' plans so that one city's junk yard does not appear next to another city's exclusive residential area. The public hearing was closed. Mayor Vandergrift asked Director Wagner about the FDOT corrections on page two and if he had said those were the items to drop. On page 3, the Capital Improvements element under traffic circulation inventory, it states that all roads within Ocoee operate at an acceptable level of service (LOS) as of February, 1994. When revisions are made to the traffic circulation as recommended earlier along with these reviewed comments the segment of SR50 from Walker Road to Old Winter Garden Road will operate at LOS F, which is unacceptable. That does not agree with our table. Director Wagner said none of the comments were included in the State objections. These were the comments that were received from the agency but their actual work report did not include comments on the DOT recommendations. In fact, they exceptionally dismissed them from their review so staff did not respond to their comments at all. Mayor Vandergrift asked if we are at LOS F on State Road 50 and City Manager Shapiro responded it was LOS D. Mayor Vandergrift said that, on page 1 of the environmental report, there seems to be a lack of consistency on the labeling of some of the tables indicating revenues and expenditures and he asked that a correction be made concerning this. Director Wagner said that staff did not address it in this amendment but will address those types of things in future updates. Mayor Vandergrift, seconded by Commissioner Johnson, moved to adopt Ordinance No. 94- 19, adopting Comprehensive Plan Amendments: CPA-94-1-1, CPA-94-1-2, and CPA-94-1-3, authorizing execution thereof by the Mayor and City Clerk; and further that the Director of Planning be hereby designated as the person to transmit a letter to DCA outlining all required information as specified by Florida Statutes for the adoption of a Comprehensive Plan Amendment as presented. On roll call Commissioner Combs voted "aye," Commissioner 5 DRAFT Subject to Board Ocoee City Commission Regular Meeting App r o v a l June 21, 1994 Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. WESMERE VILLAGES 10, 11, 12, 13 - PRELIMINARY SUBDIVISION PLANS Mayor Vandergrift announced that this is the public hearing for the preliminary subdivision plans of the Wesmere Villages 10, 11, 12, and 13 and opened the public hearing. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked for clarification on the set back of the lots. Planning Director Wagner said the front and rear yards are 20 ft. each, with a 5 ft. side yard, and approved under the PUD land use. Mr. Mohnacky asked how it helps Ocoee and what the advantage is to have a PUD. Director Wagner said it gives the developer some flexibility and allows the City to preserve more open space. There are generally some concessions from the developer in the way of improvements of the subdivisions, such as recreation and open space. Mayor Vandergrift asked the price range of the homes. Joe DoBosh, manager of Land Development, said the price range is incomplete but began at $130,000 for Villages 10 and 11. Scott Glass, 203 Laurenburg Lane, a member of the Wesmere Homeowners Association, said he had worked with Village representatives and his neighborhood is supportive of the project. The public hearing was closed. Commissioner Gleason said a note indicated the developer had agreed to add an additional 2.1 acre play area within Village 10 and based on the map, they are showing that outline in Village 6. He wanted confirmation from the developer of their intent. Mr. DoBosh said staff had recommended including the actual 2.1 acres which will be in Village 6 when recording the plat on Village 10 and, as staff had made it a condition of approval, they had agreed. Commissioner Gleason, second by Commissioner Combs, moved to approve as recommended by staff the Wesmere Villages 10, 11, 12, 13 - Preliminary Subdivision Plans, as presented. 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 JULY 5, 1994 at 7:30 p.m. ORDINANCE NO. 94-20, AMENDING CHAPTERS 165 AND 168 OF THE CODE OF ORDINANCES, RELATING TO JUNK AND ABANDONED VEHICLES, VEHICLES 6 DRAFT Ocoee City Commission Regular Meeting Subject to Board June 21, 1994 Approval AND TRAFFIC, AND PARKING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS. Ordinance No. 94-20 was presented by title only for the first reading. Mayor Vandergrift announced the date and time of the second reading and public hearing. ORDINANCE NO. 94-21, RELATING TO BUILDING CONSTRUCTION AND CONDITIONS REQUIRING MANUFACTURERS' PRODUCT CERTIFICATION. Ordinance No. 94-21 was presented by title only for the first reading. Mayor Vandergrift announced the date and time of the second reading and public hearing. DISASTER PLAN UPDATE Fire Chief Strosnider reported a deficit of hurricane shelters in Florida and advised that citizens should make advanced preparation for their own food, cash, and any special needs. He said citizens should also plan an escape route and know where they may seek shelter, as there are 13 shelters in Orange County and it is anticipated that the available shelters will fill up early with citizens from south Florida. Shelters for this area are West Orange High School with Ocoee Middle School serving as a secondary location. Chief Strosnider said he is available to speak on emergency preparedness to anyone who invites him, and a video tape is also available. For additional information the citizens should call the Fire Department at 656-7796 and the Police Department at 656-1518. DIRECTION AND AUTHORIZATION RE: WASTEWATER TREATMENT PLANT EXPANSION PROJECT - FINAL CLOSEOUT. THIS ITEM WAS PULLED FROM THE AGENDA. City Manager Shapiro said certain documents have not been signed. It will be placed on the July 5 agenda. DISCUSSION AND ACTION RE: CABLE TV RATE REULATION. Concurrency Analyst Resnik explained that Commission had taken the steps necessary to be recognized as the authority to regulate basic rates and equipment charges by (1) adopting the required resolution authorizing staff to file for certification with the Federal Communications Commission (FCC), and (2) adopting the ordinance specifically providing for notice to the City of any proposed rate changes and providing for the process to be followed which includes a public hearing to discuss rate changes and formal action by the Commission to set a rate for basic service and equipment needed for that service. The final step of the process would be for the City to formally notify Cablevision Industries of its intent to regulate the basic service tier rates and other charges allowed under the federal legislation. Ms. Resnik explained that the FCC's original benchmark set last year basically declared rates were, on average, 10% too high in non-competitive areas. However, as the FCC now believes it is closer to 17%, they are requiring all cable operators in non-competitive areas to reduce rates 17% below the September, 1992 rates, even if their rates are at or below the benchmark. 7 Subject to Board Ocoee City Commission Regular Meeting Approval June 21, 1994 Cable operators who do not reduce their rates accordingly are subject to refund liability unless they file a cost-of-service justifying their higher rates. It is staff's opinion that Cablevision Industries will not reduce its rates automatically to follow the benchmark, but will instead file a cost-of-service justifying their position if the City follows through with regulating rates. Last year the City collected about $40,000 in franchise fees. An initial cost-of-service rate study review would cost approximately $15,000-$20,000 including legal and accounting fees. An option would be to work with Orange County, which is currently doing a rate study, to share information in order to keep our costs down. The Commission has several options: 1) take no action, which would mean that Cablevision Industries would go unregulated for basic tier service, 2) wait to see the outcome of Orange County's findings, and 3) or file notice and do a rate review. City Manager Shapiro said if the Commission did not do any thing the rate would be set by someone else. Once approval is given to do the rate study, you must do it. He then informed Commission that the money must be budgeted in the 1994-95 budget. Rich Gunter, director of government relations for Cablevision Industries, said the FCC has established a fairly complicated set of benchmark rules, effective April, 1993, but they have decided the rules were too complicated and are working to change the entire formula. Commissioner Foster said he did not feel it was appropriate to spend $20,000 to study cable regulations and cable rates. Analyst Resnik said it is more complicated than that because there are two ways the cable company can submit their information to you: one is the simple bench mark rate, which is the nationwide average rate that the FCC has determined, or they can submit what is called a cost of service. That is what Cablevision Industries has told her they will submit, justifying why they cannot follow those benchmark figures and why their figures are higher, and they have every right, under the law, to do that. What the consultants would have to find out is whether those costs are justified. Considerable discussion ensued. Commissioner Gleason said that he objected to government regulating private enterprise. Commissioner Johnson, seconded by Commissioner Foster, moved to approve staff recommendation No. 2, that the City could wait to see the outcome of Orange County's findings. Motion carried 5-0. Commissioner Gleason, seconded by Commissioner Combs, moved to amend the motion to accept staff recommendation No. 2, that the City could wait to see the outcome of Orange County's findings, and include in preparation for the 1994-95 Contingency budget $20,000 for the study depending upon the conditions. Motion carried 5-0. 8 DRAFT Subject to Board Ocoee City Commission Regular Meeting Approval June 21, 1994 DESIGNATION OF VOTING DELEGATE TO FLORIDA LEAGUE OF CITIES CONVENTION FOR AUGUST 1994. Commissioner Johnson nominated Ma or Vander' ift to be votin. dele.ate to the Florida League of Cities Convention for August, 1994. Motion died for the lack of a second. Commissioner Combs, seconded by Commissioner Gleason, nominated Commissioner Johnson Ma or .ro tern to be votin. dele_ .ate to the Florida Lea. e of Cities Convention for August, 1994. 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) Announced the American Legion Post 109 fish fry on Saturday, June 26, in front of the old Piggly Wiggly and behind the Post Office from 11:00 A.M. until they run out of fish. 2) Referencing Commissioner Johnson's comments regarding the new subdivisions advertising as being in Windermere and some other town, he reported that he talked with the people at Pizutti on Cross Creek, and convinced them that no more Windermere addresses should be given out. 3) Thanked Commissioner Gleason's wife for the nice cherry cheese cake for Father's Day. 4) Suggested limiting Commissioner Comments to only a minute or two each, as in recent meetings Mayor Vandergrift's comments have extended the meetings substantially. Mayor Vandergrift asked if they would agree to a work session before the meetings. Commissioner Combs responded with a "no." Commissioner Foster: 1) Objected to having the meeting extended by a lot of remarks about items not on the agenda and suggested that members of the Commission discuss with staff any problems or questions they wish to raise about agenda items rather than using the public meetings as a forum for a political campaign. 2) Was glad to see Public Works Director Brenner in attendance. He wanted him to know that he did not bear a grudge but he does have at least one more vote on Brenner's proposed budget and will remember Brenners' disparaging remarks about Commissioner Foster's golf game. 3) Has received two letters from the Professional Golf Association inviting his membership. Commissioner Johnson: 9 DRAFT Ocoee City Commission Regular Meeting Subject to Board June 21, 1994 Approval 1) Said he continues to bring up the Arbor ordinance but asked the City Manager to check on the plants falling over in the Albertsons Shopping Center. The plants are not planted properly and are neglected. He suggested strengthening the ordinance to regulate how to take care of this. City Manager Shapiro said Staff keeps going back but will have to get stronger. Staff will follow-up. Mayor Vandergrift: 1) Said he would not respond to Commissioner Foster's remarks about extending the meetings but, although it may not meet with the approval of others at the table, he felt strongly about having the young people take part in the meeting. City Manager Shapiro interjected here that he took offense at the Mayor's remarks as he felt they were directed at him, and he also liked having the youths participate at the meetings. A spirited exchange followed and Commissioner Johnson moved to adjourn. Commissioner Combs seconded the motion. Mayor Vandergrift said he had not finished his remarks and asked City Attorney Rosenthal for a ruling. Mr. Rosenthal then recited Robert's Rules of Order indicating that a motion to adjourn takes precedence over any other motion and is not a matter open for discussion. Mayor Vandergrift said again that he had not finished his remarks, and Commissioner Johnson, indicating that he had no intention to deprive the Mayor of his right to present his comments but only to stop the exchange that was out of control, withdrew his motion to adjourn. 2) Had received a report from Sawmill that there was dumping at the end of Mill Stream Road and Timberidge. He requested that a "No Dumping" sign be placed there. 3) Reported four wheel drive trucks meeting in the wee hours of the night in the trees behind Sawmill. The Police had been called but had responded that it was the Orange County Sheriff Department's job. It is similar to what the City had gone through off Prairie Lake Boulevard. 4) Said he has the addresses of two people in the area who have plumbing problems. 5) Said there is a problem in Cross Creek Subdivision. The pond is filled up and the water is eroding the sides. Engineer Shira said we will be pulling the dirt back out of the pond. ADJOURNMENT The meeting adjourned at 10:10 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 10