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HomeMy WebLinkAboutItem III (A) Acceptance and Approval of Minutes of the Regular Meeting help May 17, 1994 and June 7, 1994 A Imp ItemDIII Ai-94 MINUTES OF THE CITY OF OCOEE OF CITY COMMISSION REGULAR MEETING HELD May 17, 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 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, Recreation Director Beech, Building Official Flippen, Personnel Director Psaledakis, City Engineer/Utilities Director Shira, Planning Director Wagner, City Clerk Grafton, and Clerk/Stenographer Lewis. ABSENT: None PRESENTATIONS AND PROCLAMATIONS WEST ORANGE CHAMBER OF COMMERCE Paul Lewis, Chairman of the West Orange Chamber of Commerce, presented brochures about the Chamber. He said there has been tremendous growth in the West Orange area and in order to meet the sophisticated challenges that lie ahead, the Chamber will require a full time executive director to provide for continuity of leadership. Mr. Lewis asked the City to assist in a start-up fund for the director's position in the City's 1995, '96, and '97 budgets. The Chamber believes it will be self-funded after three years. City Manager Shapiro explained the budget year for the City begins October 1 and this item could be included in budget preparation for 1995 if requested by Commission. Whether the Commission continues the funding will be based upon a public hearing. Commissioner Combs, seconded by Commissioner Gleason, moved to place as a high requirement in the budget the request to assist the West Orange Chamber of Commerce with a start-up funding on a three year declining commitment at $10,000 (1995 budget); $5,000 (1996 budget); and $2,500 (1997 budget) as presented. Motion carried 5-0. SAVE OUR EVERGLADES George Barley gave a slide presentation on the peril of the Everglades. The Save Our Everglades Committee (SOE) has collected over 200,000 signatures in support of a Constitutional Amendment that would tax the sugar industry to pay for the cleanup of the Everglades. He said the algae covered water in the Everglades was destroying coral reefs and lobster in Florida Bay. Mr. R. P. Mohnacky, 1825 Prairie Lake Boulevard, agreed with Mr. Barley and asked why the sugar industries could not pay a percentage toward the restoration. Commissioner Foster asked what the average individual could do to endorse SOE. Mr. Barley said citizens could sign the petition or call 872-8558 to work as a volunteer. He asked the City to join with other Florida Cities in adopting a Resolution endorsing The Save Our Everglades Initiative. Mayor Vandergrift and Commissioner Gleason asked that the next agenda include the Resolution. mznr Ocoee City Commission Regular Meeting May 17, 1994 PROCLAMATION EXPRESSING APPRECIATION TO POLICE CHIEF JOHN BOYD Captain Mills Sears, Metropolitan Bureau of Investigation (MBI) of the Orange County Sheriff's Department and Acting Police Chief Wilson, Ocoee Police Department, each presented Chief Boyd with a plaque in appreciation and recognition of leadership and service to the citizens of Central Florida. Chief Boyd said serving on the MBI Board of Directors had been a highlight of his career. It had been his privilege to supervise some of the finest police officers in Orange County, and they had made the City one of the safest cities in the State of Florida. Mayor Vandergrift read a proclamation in honor of Chief Boyd's public service to the community. RECOGNITION OF EXEMPLARY DEEDS: Conunissioner Combs said Commissioner Foster had contacted him about a problem that Bonnie Bailey had with a broken water line under her home. She needed financial help for the expensive repairs. He and the Kiwanis Club had made contributions but had been stymied until Building Official Flippen had arranged for donated repairs. Commissioner Combs presented plaques to Bryan Giesebel of U. S. Homes Corporation, Dave Kimmons of Classic Plumbing, Inc., Steve Peeper of Peeper Drywall, Inc., and Dave Manning of Barry Neal Carpets, Inc. to recognize the companies for their generosity. Ms. Bailey thanked all who had come to her aid and said this showed that Ocoee, while it has grown, still has a small town heart. UNSCHEDULED ITEM Mayor Vandergrift said he had met with Fred Hagan, Management Consultant of the Florida Department of Transportation (FDOT) regarding a community Traffic Safety Program to reduce traffic accidents causing deaths and injuries in Orange County. The City will report several bad intersections to the FDOT for study. A committee would be formed within the County to determine solutions for some of the problems which have been causing accidents. Rather than delaying for Commission action on a Resolution, Mayor Vandergrift read a proclamation in support of the Orange County Community Traffic Safety Program. He directed that a resolution about the program be prepared for the next agenda. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Mayor Vandergrift corrected item A on page one, Presentation and Proclamations, to read "Conunissioner Gleason ...and he presented the 2nd place plaque to the City of Ocoee which was accepted by Mayor Vandergrift." and also corrected on page 10, Comments From Commissioners, "Commissioner Johnson, 1) Asked about the turn signal on Silver Star Road..." On item C, Commissioner Gleason asked if the proposed amount not to exceed $81,715 included the $10,000 set aside for Starke Lake, and if it would include drainage ditches in the area. City Manager Shapiro said it was an engineering study only and would not include money to do the work. The drainage ditches have nothing to do with this. The $10,000 is for the planting and that work would begin soon. On item B, Mayor Vandergrift asked if the amount was $40,674 and Administrative Services Director Beamer confirmed that was correct. In response to Mayor Vandergrift's questions on the City's basins, City Engineer Shira said the first study was not yet 2 [i] Lit\ Ocoee City Commission Regular Meeting May 17, 1994 complete, and staff does not have cost estimates, capital improvement or construction plans. The next study will take 90 days. City Manager Shapiro said the first studies had included several things to be done and the Commission had prioritized them. Drainage had been a constant problem, especially in the area of the two trailer parks. The largest drainage problem would be addressed first. Commissioner Combs, seconded by Commissioner Johnson, moved to approve and accept the consent agenda as presented, subject to the corrections in item A. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Special Session held May 2, 1994 and the Regular Commission Meeting of May 3, 1994. B. Approval and Authorization for Mayor and City Clerk to Execute Addendum No. 94-03 with PEC for Master Water Plan Update. C. Approval and Authorization for Mayor and City Clerk to Execute Work Order No. 8 with PEC for Storm Water Master Plan-Starke Lake/Lake Olympia Drainage Basin Study. COMMENTS FROM CITIZENS/PUBLIC Recreation Director Beech reported the Eleventh Big Orange Games held at Ocoee Middle School track field on May 7, 1994 had been a fantastic success. There were 134 participants representing Miami, St. Petersburg, Jacksonville, and the local area. He predicted 200 participants in future events. Sixty- three volunteers had worked in the hot Florida sun from early morning until late afternoon. Donations had come from various individuals, businesses, civic groups, and governmental agencies. As a result of the Games, a young participant who needed a canine companion had received one from a citizen in Gainesville. RECESS 8:35 - 8:50 P.M. PUBLIC HEARINGS Second Reading of Ordinances ORDINANCE NO. 94-13, REVISING UTILITY SERVICE POLICY. Ordinance No. 94-13 was presented by title only for the second reading and public hearing. City Manager Shapiro said the Commission had directed creation of the ordinance as a means to change City policy. In the past the City had not provided service to nonresidents. The public hearing was opened and no one wished to speak. The public hearing was closed. Mayor Vandergrift said this was a common practice for other utilities. Money earned from nonresidents would benefit City residents. The decision to serve nonresidents would be made on a site by site basis. Commissioner Combs, seconded by Commissioner Foster, moved to adopt Ordinance No. 94-13, Revising Utility Service Policy, 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. 3 „Thr `113 Ocoee City Commission Regular Meeting May 17, 1994 THE PUBLIC HEARING FOR THE LAKE OLYMPIA SQUARE-LAND USE/PRELIMINARY SUBDIVISION PLANS WAS CONSIDERED AT THIS POINT IN THE MEETING RATHER THAN AFTER ORDINANCE NO. 94-15 AS LISTED ON THE AGENDA. Mayor Vandergrift asked if anyone who was interested in Ordinance No. 94-15 objected to the change and there were no objections. LAKE OLYMPIA SQUARE-LAND USE/PRELIMINARY SUBDIVISION PLAN. Planning Director Wagner summarized the staff report covering background of the plan. The Lake Olympia Square was 20.78 acre Commercial Shopping Center development located at the southwest corner of Silver Star Road and Clarke Road. The entire site has been zoned C-2 Community Commercial District, although the developer is voluntarily processing the project as a PUD within an Activity Center. The development has been platted and incorporated Lot 1, the main parcel, and outlots 3, 4 and 5 of Lake Olympia Square. Lot 2 has been retained as an undeveloped parcel for the purposes of this application, and Lot 4 had previously been sold to Exxon Corporation for a gas station. As part of the proposed project, the developer intended to create a new Lot 6, which would be an additional outlot on Silver Star Road, and also split the original Lot 1 into two parcels to create a Lot 7. The project as proposed would be developed in three phases. Phase I would entail a Winn Dixie store and two adjoining retail uses for a total of 57,718 s.f. of space. Phase II and III would add 39,526 s.f. and 46,250 s.f. of space respectively for a total of 151,894 s.f. including a future expansion to Winn Dixie. Staff has concluded the first phase of the project will meet the concurrency requirement. Staff has done a very detailed review of the project with a number of project iterations. The DRC had focused on traffic, stormwater, and buffering issues as part of the review process. Three waivers had been requested as part of the PUD review. One was for reduced maintenance berm widths around portions of the stormwater retention ponds. The second was for a zero setback wavier between Lots 1 and 7 to permit the development of Phase III shops in a coordinated manner. The third was for reduced parking space lengths down to 18' spaces where spaces adjoin landscape areas. Staff had no problems with any of those waivers and they are part of the development plan. As originally planned, the developer proposed to add two additional outlots to the development along Silver Star Road. One of those lots has been deleted to provide additional stormwater capacity. The other parcel, Lot 6, was proposed to share the right-in/right-out access point with Lot 4 as specified in the original plat. This additional outparcel was not consistent with the original plat and added to potential traffic volumes and conflicts near the intersection of Silver Star Road and Clarke Road. Also, the Olympia Square project was already over twice the size of the neighboring Albertsons Shopping Center. The addition of a high traffic generating outlot coupled with a potential strip commercial character of development was inconsistent with the high quality urban pattern envisioned for this area within the Comprehensive Plan. As part of the DRC recommendation the staff suggested approval of this project as submitted with the deletion of that outlot. The Planning and Zoning Commission (P&Z) held a public hearing on the project on May 10. There were a number of residents who expressed 4 Ocoee City Commission Regular Meeting May 17, 1994 concern with adequate screening around the parameter of the shopping center, high intensity uses on the outparcels within the development, and about cut-thru traffic through the residential subdivision adjoining the project. The P&Z voted 6-1 to recommend approval of the project with Lot 6 remaining in the project under the condition that the developer would not permit direct access to Lot 6 off Silver Star Road. Additionally, the P&Z recommended the stipulation that no truck traffic would be permitted on Olympus Drive. Commissioner Gleason asked if the developer had agreed that the outparcels would not include fast food facilities. He also asked if elimination of the access road on Olympus Drive at Hawthorne Cove would affect the feasibility or the viability of the project. He asked if there were enough trips available on Silver Star Road to permit the development to go forward without the access road as he saw potential problems in using Lake Olympia as a thoroughfare. Director Wagner said enough trips were available now, and that the developer had voluntarily restricted restaurant uses of the outlots to "sit down restaurants" only to help minimize traffic. From the concurrency standpoint, the main bottleneck on Silver Star was at the section from Clarke Road to Apopka Vineland Road. Traffic analysis by Consulting Engineer Ken Hooper, PEC, had shown approximately a third of the trips would access the shopping center from the west Olympus Drive and two-thirds would enter from the main entrance at Silver Star Road. Following the P&Z meeting, it was determined that cut-through traffic already existed and that it included speeders. Commissioner Combs asked why put the road in at all during Phase I when studies on Silver Star Road found the it could handle the traffic. Planning Director Wagner said there were two primary reasons. First, the roadway was actually developed as an access for this development and the plat specified access to that roadway. It had always been planned as a secondary means to the shopping center. Second, it would provide access for the actual residents in that area going onto Silver Star Road or Clarke Road. From a concurrency standpoint, it would alleviate traffic on those major roads. Adding a third reason, he said the shopping center is two and one-half times larger than the Albertsons Shopping Center, and adding another shopping center's traffic at that point would be a problem. Although the intersection will probably handle the traffic for the first phase, Commission should concern itself with future needs. Commissioner Johnson said that the Albertsons Shopping Center has a right in/right out only and proposed matching the two entrances. Director Wagner said the proposed Lake Olympia Shopping Center was more than twice the size of Albertsons center and the access points would probably be sufficient for a first phase. It is the later phases where these access points start to relieve the traffic that would build up at this point. Mayor Vandergrift said it was not part of the P&Z 's recommendation for the right in/right out. He asked if there would be out access on the one feeding the service station and if it would feed only the service station. Planning Director Wagner said the developer volunteered to limit access only to the service station, and there would be no direct access to the outlot from Silver Star Road. Mayor 5 c-J Ocoee City Commission Regular Meeting May 17, 1994 Vandergrift said if the Commission chose to not act on P&Z recommendation, then it would take some of the pressure off the other road to serve parcel 6. Director Wagner said it would be desirable to keep as much traffic as possible away from the intersection. Commissioner Gleason said he understood the director's point in wanting to relieve the problem at the intersection and felt if the Commission erred, he would rather sit in traffic on Silver Star Road than to know that the City has dramatically affected two neighborhoods. He was concerned with setting a precedent by diverting traffic off the City's main road through residential areas. Director Wagner said there will be some cut through problems which will need to be monitored regardless of the action taken during the meeting. There may be other measures that can be taken to alleviate the condition that may or may not be related to the shopping center. Commissioner Foster asked why the P&Z objected to the entrance from Silver Star Road to Lot 6 as it had been their recommendation that there be no access from Silver Star to those two lots. Commissioner Combs asked if this was the gas station. Mr. Wagner said P&Z objected only to the access to Lot 6. Lot 4 had been purchased by Exxon for the gas station and already had a platted access. The P&Z recommended approval of the plan with Lot 6, but with the condition that no direct access be permitted from Silver Star. Commissioner Gleason asked if Lot 6 was not there, could that be an access into the shopping center and Director Wagner said the original plans included an access. Conunissioner Combs said he had wanted all the in and out traffic at the main entrance and was in agreement with the P&Z on Lot 6 as it blocked out the gas station. Mayor Vandergrift placed his copy of the plan on the entrance table for public perusal. Mayor Vandergrift said someone had brought it to their attention in the P&Z meeting that there were speeders already in the neighborhood. He had spoken with Acting Police Chief Wilson who will look into the problem. Ron Hinson, representing the Glenn Miller Group, announced that Mr. Miller and Don Huber, Huber Design and Construction, were present. They had worked with the staff to bring something the City can appreciate that will be a good part of the community. They were flexible in some areas and understood the staff's concern regarding traffic. He requested keeping in place Lot 6 as it is a very important issue as an economic liability of the project. There is a platted easement that splits this boundary and they have agreed to limit the access to utilize the existing Lot 4. They will be able to build the driveway on the split of the Lot line but will not use it if the Commission feels it is an important part. Then it could be left in, restrict the access down to some point at the southerly portion of the Lot rather than allowing the cut as shown on the plan. Mr. Hinson listed a number of agreed upon stipulations. He said it was important to have access to Olympus Drive at some point in time and suggested it being deleted until Phase III which will establish the primary means of egress and ingress to the shopping center. The first two phases will occur over a five year period. 6 j do J Ocoee City Commission Regular Meeting May 17, 1994 Mr. Hinson explained the phases of the screening wall. Comments had been received about a living wall with vines and they were complying with the request. They have voluntarily agreed to lower the commercial sign from 25' to 20'. Phase I improvements will provide water, sewer, and stormwater services to these lots which will deal with the parking, building, and landscaping that requires no retention. The Florida Department of Transportation (FDOT) has given conceptual approval for the access on Silver Star Road in the original plan which included two cuts. He did not think there would be a problem with going back to the FDOT saying they were not going to use that access if that is the desire of the Commission. The group wanted to work with the Commission. Mayor Vandergrift asked about the cuts and entrances off Silver Star and Clarke Roads. Mr. Hinson said there would be two entrances off Clarke Road for Phase I, with one entrance off Silver Star Road as presented. The P&Z Board agreed to stipulate against using the entrance. Mayor Vandergrift asked how many lanes will be at the point of the second access on Silver Star Road. Director Wagner said one and a turn lane. City Manager Shapiro said Ken Hooper, Professional Engineering Consultants, was available to answer questions concerning traffic. Conunissioner Foster asked if the developer could access Lot 6 with a right in/right out and Mr. Hinson confirmed the developer would like that. Commissioner Johnson, seconded by Commissioner Gleason, moved to delete that road entrance and go to the right in/right out in the entrance off Silver Star Road. Mayor Vandergrift said he did not think the Commission was prepared for a motion at this point as the public hearing had not been opened. The chair did not recognize the motion for procedural reasons. The public hearing was opened. Dan Coleman, 112 Hercules Court, expressed a renewed faith in government and said he was proud of the Commissioners who will set the correct precedent in Ocoee. He preferred a tasteful architectural flavor to include a weathered look, making up-scale shops. He did not want another strip center row. Mr. Coleman asked that the developer build all of the wall at once. Other items requested were special decorative lighting that would shield the residents from the subdivision, a bicycle path, and landscaping with tall, thick trees. He said the residents did not want any unsightly signs, fast food places or tire stores where motorists will hang out. June Kleier, 1365 Hawthorne Cove Drive, said there was no need for another grocery store. The residents would like a vine covered brick wall. She presented a petition, with approximately 156 signatures, listing the concerns of the citizens. Lewis Dundas, 103 Olympus Drive, said many of his concerns had already been addressed. He did not want traffic coming through the subdivision. 7 L' Ocoee City Commission Regular Meeting May 17, 1994 Ed Toperzer, 163 Hercules Court, thanked the developer for taking the remarks of the citizens seriously. He expressed concern with Lot 5 and did not want any two-story buildings in the center. Nick Pagano, 201 Olympus Drive, and President of the Lake Olympia Homeowners Association, asked why the brick wall must be built in three phases. He also wanted to know the store hours of the Winn Dixie store, and requested a limit. Steven R. Martyniuk, 153 Hercules Court, thanked the developer for getting rid of the entrance and asked about the final approval of the center. City Attorney Rosenthal said the final engineering and site approval would still have to be approved. Mr. Martyniuk asked why the wall cannot be built all the way around in case the project isn't completed. He wanted lower signs. Karen (?) said she had been informed by the Winter Park branch of the FDOT that no widening of Silver Star Road is scheduled. Pamela Burke, 109 Olympus Drive, said "Amen" to everything the neighbors and the City Commissioners had to say about the buffer. She saw no need to build the wall in three phases. Mary D. Barber, 1355 Olympia Park Circle, presented a petition and asked for clarification on the motion. She did not want the road built at all. Michael Leif, 1505 Acropolis Circle, said the City should have some responsibility to existing merchants. He objected to the City allowing a gas station. Louis Geys, 238 N. Westmonte Boulevard, Suite 280, Altamonte Springs, 32714, the property owner, said he had gone through much planning to get to this point. He explained how they arrived at the plan they had and thanked the Commission. Sylvia Salazar, 1513 Acropolis Circle, asked for detailed landscaping and a buffer zone between the grocery store and the community. Mr. Martyniuk asked if PUD will be responsible for maintaining undeveloped areas. Commissioner Gleason said a new ordinance covered this category. Mr. Miller, Glenn Miller Group, was a developer of 13 shopping centers in the State, including Naples and Marco Island. He agreed to extend the screening wall but in phases as he can afford it. Commissioner Gleason asked what phase Lot 6 will go in and when advised it would be Phase I, he gave a convincing argument to build the entire wall with the first phase. The public hearing was closed. 8 Ocoee City Commission Regular Meeting May 17, 1994 Mr. Hinson proposed to return to the original proposal and use the right in and right out at the shopping center. Mayor Vandergrift recapped and said no fast food restaurants, no tire stores, lights shielded and decorative, sodded and kept up, and wild flowers. He said there were no trees showing on the plan and asked if the developer could make them a part of it. City Manager Shapiro said in recapping it probably can be mandatory and cautioned the Mayor on the risks. City Attorney Rosenthal said the landscaping ordinance, if stricter, cannot amend the ordinance against only one project. Ms. Salazar asked what will happen to the trees that are removed and suggested making them available to the citizens. Commissioner Gleason said he had already spoken with Director Wagner about the excess trees. Ms. Salazar also asked who will be responsible for removing existing wooden fences as the brick wall is built. Commissioner Gleason said it was the responsbility of the homeowner. Conunissioner Johnson, seconded by Commissioner Gleason. moved to approve the Lake Olympia Square-Land Use/Preliminary Subdivision Plans as recommended by the P&Z without the deletion of Lot 6, with the following additional requirements: that the ingress and egress showing on the Plan to Lot 6 be extended to connect to the shopping center; that the road access from the project to Olympus Drive be eliminated; and that the access from the project to Olympus Drive be prohibited; and that the Phase II and Phase III brick walls as shown on the Preliminary Plan be constructed at the same time as the Phase I brick wall; with appropriate revisions being made by the developer to the record plans so as to be consistent with the City Commission action 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 10:45 - 10:50 P.M. ORDINANCE NO. 94-15, AMENDING FISCAL YEAR 93/94 BUDGET Ordinance No. 94-15 was presented by title only for the second reading and public hearing. City Manager Shapiro said this is a public hearing and staff was available to answer questions. Administrative Services Director Beamer pointed out the pay grade and title change listing which had been ommitted from the budget booklet. The reclassification of the current finance supervisor position to budget analyst had not been included. Also, the expanded services for personnel services in solid waste for summer help beginning a month earlier, and for additional workers hired for Thursday and Friday collection of yard waste were not included. The public hearing was open and no one wished to speak. The public hearing was closed. Conunissioner Gleason asked about page B-38, Account#4900, and if the decrease of$143,432 under contingency reserve is being moved somewhere else. Director Beamer said staff had to account for a loss last year in that fund having to do with the Bond. Commissioner Gleason asked about a couple 9 Ocoee City Conunission Regular Meeting May 17, 1994 of items totaling $68,000 that were omitted from the original budget: a sludge truck for $16,500; a $20,000 garbage truck lease; and $31,500 from original budget. Were they omitted because staff did not have pricing on them, or they were still going through in pricing, or just an oversight? Director Beamer said that was correct as the staff did not, at that point, have as good an accounting of the leases as the staff now has. When the Commission adopted the budget it was adopted without those payments. Commissioner Gleason asked about the $10,000 for Starke Lake improvements. City Manager Shapiro confirmed that was correct. The State recommended the City do the project, bringing in residents around the lake to see the project in hopes they will go ahead and follow through with their own private property. The public property will be done by City crews. He was sure there would be a lot of people on their own property that might want to take the lead and do some themselves. Administrative Services Director Beamer said it was strictly for the revegetation around the City Hall from Oakland to the culvert. She also said the City will have the permit on Friday, May 20. Mayor Vandergrift said if the City got the permit there was at least one resident who has volunteered who will do something with it. He also wanted to call a volunteer work day. Commissioner Gleason asked if the citizens would be covered under the City permit and if the City will be contacting homeowner associations about the permitting. Director Beamer said there would be a permit for the whole lake but citizens will have to go through the same process each time. The group will take a census of noxious plants, inform the State what plants are being taking out of the lake, and the exact areas being covered. City Manager Shapiro said it is the City's intent to work with the State. After the City has the permit, residents may observe City employees cleaning the shore line, and get a permit to continue with own their private property. The City did want to have its permit first to begin the project so these people could view a completed area. Mayor Vandergrift said he really would like to get some volunteers involved so staff could be released to do other work. Mayor Vandergrift said, under the Recreation Department, he would like portable bleachers that could be moved to the ball fields or utilized for special services at the gazebo. They should be small enough to put on a pickup truck and could be broken down. He asked when the City would begin using the "hobo" garbage cart pick up. Administrative Services Director Beamer said staff will be showing exactly what the costs are for the fiscal 1995 budget. Mayor Vandergrift said he had received complaints out of the mobile home park about people not taking in their garbage cans and suggested beginning in that area. City Manager Shapiro said staff will have it in the next budget year, that staff wanted to get the trucks first, and then the next capital improvement will include the carts, if that is the desire of the Commission. The portable bleachers were not accounted for in the budget and can be in the next budget. It will be placed on one of the list of things that staff will price for the Commission. Mayor Vandergrift said $13,000 was placed in the budget last year for park benches. He suggested they take a trip down to Windermere and look at the park benches they have along the main street of Windermere. They are all wood, stationed in the ground on 4x4's. They are not the concrete ones. Recreational Director Beech said the currently budgeted park benches are being made in-house with 10 rTh Ocoee City Commission Regular Meeting May 17, 1994 less expense but are just as nice as the bought ones, with the City getting more benches this way. Mayor Vandergrift also is still looking for a camcorder for the police car which can improve the police work. City Manager Shapiro said this has already been discussed and it will be in the next budget. Mayor Vandergrift said there was to be a report on the upgrading of the street lights. Administrative Services Director Beamer said it had been given to the Commission right after the report was completed. City Manager Shapiro said the upgrading report was given to everyone, what was recommended and a portion was funded, including the trailer park, with a portion of the areas to be done immediately. Then staff was going to come back to the Commission at the beginning of the year to talk about it at budget time again regarding what the City was going to do about the main roads and other developments. Also, staff has an ordinance that it is proposing that the developers do the lighting immediately rather than waiting until they are 50%. He explained to the Mayor that the initial things talked about that all of them had a problem with regarding the trailer parks and other pieces of property are already in this budget. Mayor Vandergrift said he had seen the lights going up in the park and thought they should be on a motion (sensor) as the lights are normally off in the parks. City Manager Shapiro said the only problem is that a lot of people in the neighborhood do not go to the parks right now because they are dark. They would probably like to walk into the park with the lights on. Mayor Vandergrift asked for a copy of that. Then he can say the trailer parks are going to be lit next year. City Manger Shapiro said it was in the budget along with some other areas. The major issues regarding the main traffic ways and whether the City needs to change the lighting system have not been done. Staff has given the report but it has not been discussed. Staff felt that needed to be done at a budget workshop. It is hundreds of thousands of dollars to upgrade the street that the County, State, or City isn't doing. Mayor Vandergrift asked for year-round lights on the Christmas trees by the lake. Mayor Vandergrift, seconded by Commissioner Combs, moved to adopt Ordinance No. 94-15, amending Fiscal Year 93/94 Budget 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 ORDINANCE. SECOND READING AND PUBLIC HEARING SCHEDULED FOR JUNE 7, 1994. ORDINANCE NO. 94-16, RELATING TO WATER REUSE POLICY Ordinance No. 94-16 was presented by title only for the first reading. City Manager Shapiro said the City did not have a reuse policy and he had concerns for reuse in the future. Mayor Vandergrift announced the date and time of the second reading and public hearing. BELL SOUTH MOBILITY TOWER - ORANGE COUNTY BOARD OF ADJUSTMENT 11 r-Th ri Ocoee City Commission Regular Meeting May 17, 1994 Commissioner Gleason said he had been notified by Planning Director Wagner who had been contacted by the Orange County Zoning Board that Bell South had asked for a variance to put a 193 ft. tower off Apopka Vineland Road and south of Hackney Prairie Road. He had attended a hearing and had spoken in opposition of this tower. While this is a piece of land that is not in Ocoee's jurisdiction, he found it wasn't consistent with the agreement that the City had signed with Orange County wanting to maintain the rural integrity of the Clarcona area. The tower was approved by the County Zoning Board of Adjustments and the City has until May 20 to file a protest before the Orange County Commissioners. The filing cost is $137. The City would have an opportunity to make a public statement that they had signed an agreement with the County to maintain the integrity of the Clarcona area, and the tower isn't consistent with the agreement that the City signed. Commissioner Foster asked if a resolution, saving the City $137, would have the same effect as filing an appeal. Attorney Rosenthal said the way the County procedures work, the action of the Zoning Board of Adjustment may be final action and unless an appeal is filed the matter does not come before the County Commission. If an appeal is filed then it takes a vote of the County Commission. Commissioner Gleason, seconded by Commissioner Johnson, moved to approve the $137.00 for filing an appeal with Orange County in opposition of the construction of a 193 ft. high Bell South Mobility cellular communication tower on a site west of Apopka-Vineland Road and south of Hackney Prairie Road as presented. Motion carried 5-0. Commissioner Foster, seconded by Commissioner Combs, moved to authorize Commissioner Gleason to represent the City of Ocoee at the Orange County Commission hearing concerning the construction of the Bell South Mobility cellular communication tower. Motion carried 5-0. RESOLUTION NO. 94-10, RELATING TO CITY SEWER AND WATER SERVICE PER ORDINANCE NO. 94-13 Resolution No. 94-10 was presented by title only. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt Resolution No. 94-10, relating to City Sewer and Water Service per Ordinance No. 94-13, as presented. Motion carried 5-0. APPROVAL FOR MAYOR AND CITY CLERK TO EXECUTE AGREEMENT WITH LINCO CO. FOR WATER MAIN INSTALLATION. Mayor Vandergrift asked if this water main installation will solve the water pressure problem. Commissioner Gleason said staff had asked for $175,000, and asked if the balance will be needed or if the $107,000 will complete it. City Engineer Shira said this will go a long way toward solving the water pressure problem. The $175,000 had been a rough estimate. Mayor Vandergrift, seconded by Commissioner Gleason, moved to approve the agreement with Linco Co. for water main installation as presented and authorize the Mayor and City Clerk to execute the agreement with Linco in an amount not-to-exceed $107,000 upon receipt of F.D.E.P. permits. Motion carried 5-0. DISCUSSION AND ACTION RE: TELEPHONE SYSTEM FOR CITY HALL 12 L_r Ocoee City Commission Regular Meeting May 17, 1994 Administrative Services Director Beamer said additional telephones will be needed for the new City Hall building, and this should not be confused with the Police Department that has already been before the Commission. Staff is requesting an award to Orlando Business Telephone Systems for the current ADIX 96 System to incorporate the 56 telephones, 17 jack and wire locations, needed either for growth or movement in moving to the new building including relocation of phones found to be in the wrong place in relationship to desks. The request is in relation to the recent competitive bids that have been awarded to this company and also to the bid awarded to them several years ago. The same system, if rented, would cost the City around$10,000 a year annually. Wiring, while on rental, will cost$5,000. The City will receive a one time credit for all of the rent paid on the system since staff has been relocated, amounting to $6,964. Director Beamer said it is to the City's advantage to pay the full cost for the system instead of incurring carrying charges based upon the amount of money currently budgeted for furniture, fixtures, and equipment. Commissioner Gleason asked if the rental of $5,093 is for a year or a one time cost. Conunissioner Combs asked if this will be coming from the Contingency fund. Administrative Services Director Beamer said it is a one time cost and will come from Furniture, Fixtures, and Equipment where there are monies and not from Contingency. Commissioner Gleason, seconded by Commissioner Combs, moved to (1) approve the purchase of the telephone system for City Hall from Orlando Business Telephone Systems, Inc. in the amount of $25,404.24 from bond proceeds and (2) authorize Staff to process the necessary purchase agreement as presented. Motion carried 5-0. DISCUSSION AND ACTION RE: POLLING PLACE FOR CITY ELECTIONS. Mayor Vandergrift wanted two, a north and south, polling places. He suggested the Ocoee Womans' Club for the south location. City Manager Shapiro suggested the fire station for the north location and said it would be better to use the Community Center rather than the Womans' Club. Mayor Vandergrift, seconded by Commissioner Combs, moved to approve two polling places, the fire station and Community Center. After a discussion regarding which districts would use which polling places Commissioner Combs withdrew his second. Mayor Vandergrift, seconded by Commissioner Foster, moved to amend the motion to one polling place, the Community Center. Motion to amend carried 5-0. Mayor Vandergrift restated his motion to approve one polling place for City elections and with that one place being the Community Center. Conunissioner Foster seconded and motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Johnson: 1) Asked about the Franklin Street repairs where the pipelines were put in, as the grass has not been replaced. He said Mr. Brenner was not here tonight but he keeps saying that the City is going to go back and fix it. City Manager Shapiro said, with confirmation from 13 Ocoee City Commission Regular Meeting May 17, 1994 Administrative Services Director Beamer, that the project has not been finished. The problem is due to the time it has taken to get the approval from the shopping center's ownership, and there have been no tests. 2) Asked City Engineer Shira when the right-of-way would be repaired where the meters were repositioned, as he had fallen in the hole off the side of the right-of-way where they dug the line under the road. City Engineer Shira asked if it was in the road or off the side and said he would take care of it. 3) Asked what the status is on the truck cleaning the parking lot at Albertsons after 9:00 o'clock, as, although he has had no calls on it, he has seen the truck there after 9:00 o'clock just about every night. Commissioner Gleason asked if the ordinance had gone into effect yet and City Manager Shapiro said it was in effect upon passing. Mayor Vandergrift suggested he call the Police Department and have the operator ticketed and he will not come back then. Attorney Rosenthal said it was a code enforcement issue. 4) Reported that last Saturday, May 14, the postal service had collected 1500 lbs. of food, canned goods, etc. and the City had picked it up on Monday and delivered it to the Christian Service Center. He had picked up additional canned goods that day as the citizens were still leaving it in the mailbox. Commissioner Foster: 1) Said one of his pet peeves had been public transportation, and when he read that Paul Skoutelas, the director of Lynx, was authorizing 40 buses to go to Atlanta to transport the Olympic attendees, he thought it was rather ironic that the City could not get him to send one bus to Ocoee to transport the elderly and the senior citizens, and the poor people of our City. Commissioner Combs: 1) Concurred with Commissioner Foster that the City needed public transportation. 2) Said the Founders' Day event had gone well. The committee had learned a lot of things that they should and should not do in future events. 3) Proposed purchasing land to expand the cemetery if the City plans to continue keeping it. He recalled that it had been discussed years ago when the land had been offered to the City but no action was taken at that time. 4) Asked if the families were responsible for the vault top cracks and broken slabs, and noted that there is some cleanup to be done. He asked staff to look into what can be done about the cemetery. City Manager Shapiro said repairing the cracks was the responsibility of the families. He asked if it is vault tops or concrete slabs. Staff will look into the problem. 5) Commended the staff for speedily correcting the problem on the south water well on Saturday. Mayor Vandergrift: 1) Had been in conversation with Mr. Paul Skoutelas, asking for a meeting to discuss bus lines, as he was aware that Mr. Skoutelas had gotten about 7M dollars from the Federal Government. 14 Ocoee City Commission Regular Meeting May 17, 1994 Mayor Vandergrift asked if there any comments from the citizens. There were none. In oversight he had forgotten to ask Conunissioner Gleason for comments and apologized. Commissioner Gleason: 1) Congratulated Recreation Director Beech and his staff for the Big Orange Games. Commissioner Gleason also noticed that Director Beech had returned some money in his budget and suggested he not do that too often in the future. 2) Thanked and commended Betty Hager, Commissioner Combs, and the volunteers for putting together the Founders' Day event. 3) Expressed concern over Woodsmere signs appearing at the City Limits lines involving Good Homes Road and White Road. He was curious if this was a new incorporation as some of those signs seem to be within the City's JPA lines. People in Rose Hill wondered if they were part of Woodsmere or unincorporated Orange County. City Manager Shapiro said the signs were not within our right-of-way but rather on the state road right-of-way which the City does not have jurisdiction over. 4) Pointed out a problem with visibility when making a left turn from Clarke Road turning east on White Road, understanding that the count is not yet sufficient to justify turn signals. City Manager Shapiro said he was sure that if the mall comes in the count would make it. Mayor Vandergrift said FDOT sometimes allows a turn signal in the case of a potential hazard and this location should qualify. 5) Said if the mall is approved it would be good to make the trees that cannot be left in place available for relocation. 6) Congratulated Exel Homes of Silver Bend for the award winning home in the Parade of Homes. 7) Thanked the City Clerks Department for helping him get out of jail with the American Cancer Society today. 8) Wished happy birthday to Janet Resnik. ADJOURNMENT The meeting adjourned at 11:36 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 15 i 1 1 aU p AGENDA 6-21-94 c Item III A 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 Mayor 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 a. .rove the consent a.enda as I resented. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Special Session held May 26, 1994. B. Approval and Authorization for Mayor and City Clerk to Execute Withers Maguire Work Order No. 11 for Construction Documents(Completion), with Chalmers Yeilding,Architect. C. Approval and Authorization for Mayor and City Clerk to Execute Withers-Maguire House Eave Trim Change Order No. 5, with Mitchell Building Contractors. D. Approval and Authorization to Transfer $4,450 from Acct. No. 403-532-4900 Wastewater Reserve for Contingency to Acct. No. 403-535-6400 Equipment for the purchase of a 10 cubic yard Grit Dumpster. E. Approval and Authorization to Transfer $1,180 from Acct. No. 403-532-4900 Wastewater Reserve for Contingency to Acct. No. 403-532-3128 Professional Services/Other to pay for additional mercury level testing performed by L.J. Nodarse. F. Approval and Authorization for Mayor and City Clerk to Execute Developer's Agreement for Water Service with Opus South Corporation. G. Approval and Authorization for Mayor and City Clerk to Execute Developer's Agreement for Sewer Service with Opus South Corporation. H. Approval and Authorization for Mayor and City Clerk to Execute Architectural Services Agreement Work Orders No. 6 and No. 7, C.T. Hsu & Associates for City Hall/Police Department Buildings. COMMENTS FROM CITIZENS/PUBLIC 2 C3 Ocoee City Commission Regular Meeting June 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. 94-16, RELATING TO WATER REUSE POLICY. Ordinance No. 94-13 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 continues 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 Fa' -73 A Ocoee City Commission Regular Meeting June 7, 1994 (1) Any person , . • - ,. •. ' . . _ . •- : „ , . Chapter 7 of the City Codc) [violating 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]. In addition, such person or customer shall pay all costs and expenses involved in the case, including attorney's fees. {Notice violations.) There were scrivener errors where a Section 7 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 said 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 plant. Mayor Vandergrift, seconded by Commissioner Gleason, moved to adopt Ordinance No. 94-13, relating to water reuse policy, including the changes noted above and recommended by the attorney, 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. 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 property owner if he continues to sell vegetables from the back of his truck. Mayor Vandergrift said that 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 corners. 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 corner 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 corn. 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 ! RA LT IT Ocoee City Commission Regular Meeting June 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. RESOLUTION 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 by Commissioner Combs, moved to adopt Resolution No. 94-11, relating to the adoption of certain job 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 may or 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 Vandergrift 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 L L Ocoee City Commission Regular Meeting June 7, 1994 to be on record as being in favor of saving our Everglades. Commissioner Foster, seconded by Commissioner Gleason, moved to adopt Resolution No. 94-12, endorsing the Save Our Everglades Initiative, as amended by striking Sections one and three on page 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. Mayor Vandergrift, seconded by Commissioner Johnson, moved to adopt Resolution No. 94-13, relating to FDOT Traffic Safety as presented. 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. Commissioner 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 Manager 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 Vandergrift: 1) Asked about two drainage problems in Amber Ridge, one around DeNeef Park and one at the northwest corner of the retention pond. City Manager 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 Manager 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 Manager 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 LAA Li Ocoee City Commission Regular Meeting June 7, 1994 5) Said the lakefront is looking nice. He would like to see cypress trees, a fountain, and a kiddy playground for Starke Lake. City Manager 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. 6) Asked if the developer would pay for improvements, such as plants, around the intersection of Clarke Road and Silver Star Road. City Manager 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. 7) Said someone needed to check about residents of Silver Glen violating watering rules. City Manager Shapiro said violators would be warned. Staff gives out the permit. 8) 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. 9) Asked for a couple of trash containers to be placed on the lake front. 10) 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 Manager Shapiro said Commission had agreed on removal of the dock. 11) Said basketball backboard is needed at Tiger Minor Park. 12) Asked about trash baskets at the cemetery and a problem with standing water in a basin. Mr. Shapiro said staff will look into it. 13) 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. 14) Asked the status on the park benches. 15) Liked the new sign at Pioneer Key. 16) Expressed concern over the mosquitoes, asked about cooperation with the County to control them. City Manager Shapiro asked what cooperation meant, spending money. Test traps are regularly used here. 17) 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 Manager 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. Mrs. Frances Watts reported receiving a call from someone who had indicated "they are coming into their Pioneer Key I on the 16th, early morning." City Manager Shapiro said he knew nothing about it. 18) Asked if the parks are going to have lighting within 30 days. City Manager Shapiro said that it has been ordered and will be done as soon as Florida Power gets to it. 8 r [1J FE L Ocoee City onunission Regular Meeting June 7, 1994 ADJOURNMENT The meeting adjourned at 9:30 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 9