Item III (A) Acceptance and Approval of Minutes of Regular Commission Meeting of Septembet 17, 1991 and Special Sessions of September3 and 24, 1991 AGENDA 10-1-91
1 n (-1 Item III A
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MINUTES OF THE OCOBOARD OF CITY COMMISSIONERS SPECIAL SESSION HELD
SEPTEMBER 3, 1991
This Special Session was called to order by Mayor Dabbs at 7:00 p.m. in the
commission chambers. Mayor Dabbs announced that this is a public hearing on the
tentative budget and proposed millage rate for the City of Ocoee. Notice of this
hearing was contained in the Notice of Proposed Property Taxes mailed by the
Property Appraiser. The City Commission has previously set a proposed millage
rate of 4.00 mills which represents a 9.413% increase in millage over the rolled-
back rate of 3.6559 mills. (Clerk's note: The percentage increase was later
corrected to 9.4122%.) Upon calling the roll, Mayor Dabbs announced a quorum
present.
PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also
present were City Manager Shapiro, City Attorney Rosenthal, Administrative
Services Director Beamer, Finance Director Poston, Building Official Flippen,
and City Clerk Grafton.
ABSENT: None
Briefing by City Manager
City Manager Shapiro explained that the major issues which caused the budget to
be 9% more than the previous year are: 1) the debt service on the proposed city
hall and police department buildings that took up nearly the entire growth
revenue; 2) the 4% cost of living increase in employees' salaries; 3) increased
insurance costs; 4) dwindling revenue.
Comments by Citizens/Commissioners
Mayor Dabbs asked for comments from the public and, as no one wished to speak
to anything on this agenda, he then asked for comments from the Commissioners.
Commissioner Foster said that he felt the projections for revenue are high.
City Manager Shapiro explained that if the anticipated commercial items are done
(the hospital and other projects) they will be high yield and will accomplish
in 2 years the amount that was projected for last year. Commissioner Woodson
asked if the Planning Department is adding a person and also about specific car
allowances in different departments. City Manager Shapiro responded that the
associate planner position is reduced to planner I and one of the secretaries
will be promoted to that position, then a clerk-typist will be hired; and that
Planning Director Behrens and Public Works Director Brenner get a car allowance.
There were no questions from Commissioners Johnson, Foster and Combs as they said
their questions had already been answered.
Adoption of Tentative Millage Rate
City Attorney Rosenthal repeated the statement made earlier by Mayor Dabbs:
The City Commission has previously set a proposed millage rate of 4.00 mills
which represents a 9.413% increase in millage over the rolled-back rate of 3.6559
mills which is the proposed tentative increase in property taxes. Mayor Dabbs
then asked if there were any amendments to the tentative budget and there were
none. Commissioner Combs, seconded by Commissioner Foster, moved to adopt a
tentative millage rate of 4.0 mills for the fiscal year beginning October 1,
1991 and ending September 30, 1992. Before the vote was called, the public was
given an opportunity to speak, as well as the Commissioners. No one in the
audience wished to speak, but when comments from the Commissioners were called
for, Commissioner Woodson pointed out that this is not an increase in the tax
millage rate, as the millage stays the same as last year; but because of growth
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Ocoee City Commmission Special Session-Budget
September 3, 1991
(annexations and new homes) this millage will produce a greater amount of money.
Mayor Dabbs explained further that, because of this, State requirements call for
the City to advertise an increase in taxes since the Commission chose not to
adopt the rolled-back rate of 3.6559%. Commissioner Combs commended City Manager
and Staff for a good job. Mayor Dabbs said this represents a realistic budget.
On roll call Commissioner Combs voted "aye," Commissioner Foster "aye,"
Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye."
Motion carried.
Adoption of Tentative Budget
Commissioner Woodson, seconded by Commissioner Combs, moved to adopt the
tentative budget of the City of Ocoee distributed along with the budget message
of the City Manager dated August 1, 1991, such tentative budget being for the
fiscal year beginning October 1, 1991 and ending September 30, 1992. City Manager
Shapiro pointed out that the budget as presented has a second reading date of
September 17, 1991 which should be changed to September 12 due to a religious
holiday and the motion was amended to reflect that change. Both the citizens
and Commissioners were given an opportunity to speak before the vote was called,
but no one wished to speak. On roll call Commissioner Combs voted "aye,"
Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson
"aye," and Mayor Dabbs "aye." Motion carried.
September 12, 1991 Set for Final Adoption of the Millage Rate and Budget
Commissioner Foster, seconded by Commissioner Combs, moved that a public hearing
to consider the final millage rate and final budget be scheduled for September
12, 1991 at 7:00 p.m. at a Special Meeting of the City of Ocoee City Commission
to be held at the Ocoee Community Center, that the hearing be advertised in
accordance with the provisions of Section 200.065, Florida Statutes, and Section
7 of Article VI of the Ocoee City Charter, that the appropriate Resolutions
necessary to adopt the final millage rate and final budget be prepared by the
City staff, and that all other action necessary to comply with the requirements
of Section 200.065, Florida Statutes, be undertaken. On roll call Commissioner
Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye,"
Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried.
Announcement of End of Hearing and Date for Final Millage and Final Budget
Hearing
Mayor Dabbs announced that the hearing is ended and that the final hearing for
the adoption of the millage and budget for the fiscal year 1991-1992 will be held
September 12, 1991 at 7:00 p.m.
ADJOURNMENT
The meeting adjourned at 7:20 p.m.
Approved:
Attest:
Jean Grafton, City Clerk Lester Dabbs, Jr., Mayor
AGENDA 10-1-91
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Item III A
/MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION HELD
SEPTEMBER 24, 1991
The special session was called to order by Mayor Dabbs in the city hall
conference room at 7:30 a.m. for the purpose of discussing and authorizing an
expenditure from Contingency for the installation of 700' of watermain on the
Ocoee-Apopka Road. Notice to the public had been given by advising the editor
of The Times and by posting the agenda on the official bulletin board three days
prior to the meeting.
Mayor Dabbs opened the meeting with prayer and, after calling the role, declared
a quorum present.
PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also
present were Acting City Manager/Administrative Services Director Beamer and City
Clerk Grafton.
ABSENT: None
Ms. Beamer explained that, due to F.D.O.T. 's widening project currently underway
at the intersection of Silver Star Road and Apopka-Ocoee Road, the installation
of the 12" watermain from Silver Star Road north to Fullers Cross Road that is
called for in our Master Water Distribution Plan can be done now, before the road
surface is in place, at a significant savings. Simmons Construction Company was
selected by competitive bidding by F.D.O.T. for the widening project and proposes
to do the watermain for a total amount of $33,583.90.
Commissioner Woodson, seconded by Commissioner Combs, moved to authorize the
transfer from account #401-531-4900 Reserve for Contingency the amount of
$33,583.90 for this work and to award the job to Simmons Construction Company.
Motion carried with unanimous vote in favor.
ADJOURNMENT
Meeting adjourned at 7:35 a.m.
APPROVED:
Attest:
Lester Dabbs, Jr. , Mayor
Jean Grafton, City Clerk
AGENDA 10-1-91
U �} Item III A
MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD
SEPTEMBER 17, 1991
The regular meeting of the Ocoee Board of City Commissioners was called to order
by Mayor Dabbs at 7:30 p.m. in the commission chambers. Mayor Dabbs led in
prayer and the pledge of allegiance. The roll was called and a quorum declared
present.
PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also
present were City Manager Shapiro, City Attorney Rosenthal, Adiministrative
Services Director Beamer, City Engineer/Utilities Director Shira, Planning
Director Behrens, and City Clerk Grafton.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
City Manager Shapiro explained the Innovative Idea Committee's recommendation
for an award to Water Technician I Jimmy Butler. The proposed award was 10% of
the $7,906.69 recovered by the City in the correction of an error in the reading
of large water meters over a period of three years. Commissioner Foster, seconded
by Commissioner Combs, moved to award $790.69 to Jimmy Butler for the saving to
the City in correcting the reading of large meters. Mr. Butler was present to
accept the award, and Mayor Dabbs presented him with a large facsimile check,
saying that the real check was for Mrs. Butler, who was watching on TV.
CONSENT AGENDA
The proposed consent agenda consisted of items A, B, C, D, E, F, G, H, I, and
J. Commissioner Woodson asked that items F and G be discussed and said that he
would be reluctant to approve over-runs on Clark Road so early in the project.
City Manager Shapiro explained that the changes were ours and D.O.T. 's calling
for additional work and also that this is the end of the design phase of the
project. Commissioner Foster asked if item B would not be granting a variance
in advance. City Attorney Rosenthal explained that if Mrs. Worsham were coming
in to develop her property she would be using the retention area as part of her
overall area to be considered in density and it would be unfair to penalize her
as a result of her donation of that portion to the City. Mrs. Worsham still must
observe all setback requirements. With these explanations the consent agenda
was left intact.
A. Acceptance and Approval of Minutes of Regular Commission Meeting of
September 3, 1991
B. Approval and Authorization to Execute Tri-Party Agreement between
John H. Worsham, Jr. and Mary G. Worsham, his wife, and Clara Belle
Worsham and City of Ocoee (Clark Road)
C. Approval and Authorization to Execute Amendment No. 2 to Development
Agreement (SpringLake) between BML Investments, PRN Investments, J.D.
Feinstein, as Trustee of the Robert William Feinstein Trust, the Shari
Lynn Feinstein Trust and the Leslie Ann Feinstein Trust, and City of
Ocoee (Clark Road)
D. Approval and Authorization to Execute Drainage and Access Easement
Agreement and Non-Exclusive Temporary Construction Easement Agreement
between BML Investments and City of Ocoee (Clark Road)
E. Approval and Authorization to Execute Quit-Claim Deed from the City
of Ocoee to Oram? Bank for Wynstone Park Subdivision (correction of
legal description)
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Ocoee City Commission Regular Meeting
September 17, 1991
F. Approval and Authorization to Pay Additional Design Fees Totalling
$16,500 to GAI-Southeast, Inc. for Services Rendered During the Design
of Clark Road in Addition to Services Contemplated in the Original
Contract Amounts
G. Approval and Authorization to Pay Additional Design Fees Totalling
$7,446 to Greiner, Inc. for Services Rendered During the Design of
Clark Road in Addition to Services Contemplated in the Original
Contract Amounts
H. Approval and Authorization to Execute Windermere Fire Protection
Agreement for 3 Year Period Beginning October 1, 1991
I. Appointment of Mr. Milton West as Fifth Member of Board of Trustees
for Both the General Employees' Retirement Trust Fund and the
Police Officers' and Firefighters' Retirement Trust Fund
J. Approval and Authorization to Execute Mutual Aid Agreement with Winter
Garden
Commissioner Woodson, seconded by Commissioner Foster, moved to approve the
proposed consent agenda as presented. Motion carried with unanimous vote in
favor.
MAYOR DABBS ANNOUNCED THAT THE PUBLIC HEARING ITEMS WERE LISTED IN REVERSE ORDER
ON THE AGENDA, I.E., THE SECOND READINGS OF THE ORDINANCES WILL BE HEARD BEFORE
THE PRELIMINARY SUBDIVISION PLANS ARE PRESENTED FOR CONSIDERATION
COMMENTS FROM CITIZENS/PUBLIC
Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, spoke about several subjects,
one of which was that he preferred to have agenda items brought up one at a time
rather than lumped together on the consent agenda. Mr. Mohnacky stated also that
he felt that citizens owning the land adjacent to drainage problems fixed by the
City should bear the cost of the correction.
PUBLIC HEARINGS
Second Reading of Ordinances
Ordinance No. 91-23, Case #1-2AR-91:Goodman Annexation
"An ordinance of the City of Ocoee, Florida annexing into the corporate limits
of the City of Ocoee, Florida, certain real property located at the southeast
corner of State Road 50 and Old Winter Garden Road, as petitioned by the property
owners; providing for and authorizing the updating of Official City Maps;
providing direction to the City Clerk; providing for severability; providing for
conflicts; providing for an effective date." was presented by title only for the
second reading and public hearing. The public hearing was opened and, no one
wishing to speak, was closed. Commissioner Foster, seconded by Commissioner
Woodson, moved to adopt Ordinance No. 91-23 annexing the property described in
Case #1-2AR-91:Goodman. On roll call Commissioner Combs voted "aye," Commissioner
Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor
Dabbs "aye." Motion carried.
Ordinance No. 91-24, Case #1-2AR-91:Goodman Rezone
"An ordinance of the City of Ocoee, Florida changing the zoning classification
from Orange County A-i, Agricultural to "C-2, Community Commercial District" on
certain real property located at the southeast corner of State Road 50 and Old
Winter Garden Road as petitioned by the property owners; providing for and
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Ocoee City Commission Regular Meeting
September 17, 1991
authorizing the revision of the Official City Zoning Map; repealing inconsistent
ordinances; providing for severability; providing an effective date." was
presented by title only for the second reading and public hearing. City Manager
Shapiro explained that this requested zoning is consistent with the Ocoee
Comprehensive Plan and the County Plan as well. The public hearing was opened
and, no one wishing to speak, was closed. Commissioner Combs remarked that he
wishes to have the zoning rules changed to require a special exception for
filling stations rather than a permitted use in any zoning. Commissioner
Johnson, seconded by Mayor Dabbs, moved to find the requested zoning consistent
with the Ocoee Comprehensive Plan and to adopt Ordinance No. 91-24 rezoning the
property described in Case No. 1-2AR-91:Goodman to C-2, Community Commercial
District as requested by the petitioner. On roll call Commissioner Combs voted
"aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner
Woodson "aye," and Mayor Dabbs "aye." Motion carried.
Ordinance No. 91-25, Case #1-6R-91:NJB Feinstein Rezone
"An ordinance of the City of Ocoee, Florida rezoning certain lands located in
the City of Ocoee by changing the zoning classification from 'R-3, Multiple-
Family Dwelling District' and 'A-1, General Agricultural District' to 'R-1,
Single Family Dwelling District' on certain real property located on the east
side of Adair Street and 150 feet south of Nicole Boulevard, as petitioned by
the property owners; providing for and authorizing the revision of the Official
City Zoning Map; repealing inconsistent ordinances; providing for severability;
providing an effective date." was presented by title only for the second reading
and public hearing. City Manager explained that this parcel is near Sorenson
Field on Adair Street and staff recommends approval of the petition to rezone
so that the parcel will be consistent with neighborhood zoning, and also that
the request is consistent with Ocoee Comprehensive Plan. The public hearing was
opened and, no one wishing to speak, was closed. Commissioner Johnson pointed
out that development in that area was stopped some time ago because of springs.
City Engineer Shira said that they have a St. John's permit already and there
will be no increased run-off as there will be an engineer on hand to give
direction if under-drains are needed. There was discussion regarding a wall to
cut down on access to the park. Commissioner Foster noted that this was
originally presented as affordable housing and he wanted to be sure that was
remembered when the development started. Commissioner Woodson, seconded by
Commissioner Combs, moved to find that the requested rezoning is consistent with
the Ocoee Comprehensive Plan, and to adopt Ordinance No. 91-25 rezoning the
property described in Case No. 1-6R-91:NJB Feinstein to "R-1, Single-Family
Dwelling District" as requested by the petitioner. On roll call Commissioner
Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye,"
Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried.
Preliminary Subdivision Plans
Goodman Commercial Park
Planning Director Behrens gave the staff report on the Goodman Commercial Park
Preliminary Subdivision Plans, a 17.3 acre subject parcel located at the
southeast corner of State Road 50 and Old Winter Garden Road. Mr. Behrens
reported that staff recommends approval of the plans with no other conditions
of approval, as the traffic engineers have reviewed the plan and it is within
D.O.T. guidelines and will provide safe access to State Road 50. However,
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Ocoee City Commission Regular Meeting
September 17, 1991
Planning and Zoning Commission recommends approval subject to the traffic onto
State Road 50 being limited to making right hand turns only, and that there be
no curb cuts onto Old Winter Garden Road or State Road 50 other than the access
road. The public hearing was opened. Mr. Charlie True, McIntosh Associates,
Inc. , 2200 Park Ave. N, Winter Park, said that they have obtained a permit from
D.O.T. to provide left and right turns, and, as from the center line of their
proposed street to the center line of the intersection is 420 feet, they can
provide a left turn stacking lane that will not interfere with the left turn
stacking lane turning onto Old Winter Garden Road. Mr. Mohnacky asked some
questions for clarification. In response to Commissioner Foster's question
regarding the traffic provisions for safety as to urban vs. rural designation,
Planning Director Behrens advised that six engineers had reviewed the plan and
the matter of turning lanes had been given much consideration. All the engineers
had agreed that the turns in the plan were acceptable. Commissioner Johnson
objected to any curb cuts other than the one into the development, and he said
that the access road should be placed farther away from the intersection as any
egress/ingress on State Road 50 would be difficult to control and dangerous.
Further discussion revealed that an access road could not be placed further away
from the intersection due to the sensitive environment. Commissioner Woodson and
Commissioner Combs supported right turns only. Commissioner Combs moved, seconded
by Commissioner Woodson, to accept the recommendation of the Planning and Zoning
Commission, approving the plan subject to the traffic onto State Road 50 being
limited to making right hand turns only, and that there be no curb cuts onto Old
Winter Garden Road or State Road 50 other than the access road. On roll call
Commissioner Combs voted "aye," Commissioner Foster "no," Commissioner Johnson
"no," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried with
3-2 vote in favor.
Twin Lake Forest Addition
Planning Director Behrens presented the staff report on Twin Lake Forest Addition
Preliminary Subdivision Plans, which is a 10+ acre tract, containing 37 single
family homes, located approximately 1/4 mile north of Wurst Road and east of
Adair Street across from Vignetti Park. The developer requests waiver of the
subdivision requirement to limit street lengths to 1,000 feet between
intersections. Mr. Behrens explained that there is a long undulating street with
two entrances into the subdivision and an intersection at the first available
point. Complying with the 1,000 foot subdivision requirement is impossible due
to the configuration of the land as it is an infill project. City Manager Shapiro
said that a lot of attention was paid to drainage to make sure there were no
problems. The public hearing was opened. Mr. Mohnacky said that wall maps used
to be provided for the public and he asked that the practice be resumed. As no
one else wished to speak the public hearing was closed. There was discussion
regarding using a berm or something else to provide protection for the north side
of the Sorenson Park fence. City Manager said that the fence had been put up in
heavy scrub and in some spots was on developer property. Developer has stated
for the record that they will put the five foot concave area they want and will
move the fence at their cost. Mr. Charlie True, McIntosh Associates, Inc. ,
suggested a viburnum hedge for the protection rather than a berm to conserve land
space. Commissioner Johnson, seconded by Mayor Dabbs, moved to approve the
preliminary subdivision plan with the requested waiver for street length
providing also that the developer pay to put in a sprinkler system and a hardy
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Ocoee City Commission Regular Session
September 17, 1991
hedge on the City side of the fence to City specifications. Commissioner Woodson
objected to having the hedge on City property. On roll call Commissioner Combs
voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner
Woodson "no," and Mayor Dabbs "aye." Motion carried with 4-1 vote in favor.
OTHER BUSINESS
EMERGENCY ITEM
Mayor Dabbs announced that an emergency item concerning an amendment to the
F.D.O.T. Maintenance Agreement Contract No. B-4828 has been presented and that,
as the City will not receive the funds involved until the amendment is executed,
it is appropriate to consider the amendment at this time. The amendment requires
that proper documentation be made to support payments received. Commissioner
Johnson, seconded by Commissioner Combs, moved to approve and authorize execution
of the amendment. Motion carried with unanimous vote in favor.
STAFF REPORTS - none
COMMENTS FROM COMMISSIONERS
Commissioner Johnson:
1) Wanted Clark Road groundbreaking November 1 at 5:00 p.m. but after
discussion it was decided to hold the ceremony on November 13 at 10:00 a.m.
instead.
2) Announced golf tournament benefitting Jean Calvert Liver Transplant Fund
October 7 at the Green Valley Country Club at 1:00 p.m.
3) Reported that the mailing address for Ocoee Municipal Golf Course will be
Apopka.
Commissioner Woodson:
1) Thanked Public Works Director Brenner for quick response on street signs
and said that now one is needed at the McKey/Lakeview Avenue intersection.
2) Reported the pile of furniture on Silver Star Road is still there.
3) Wants Clark Road renamed Ocoee Boulevard. A straw vote was 4-1 against.
4) Reported YMCA Golf Tournament October 4 at Windermere Club.
5) Reported Fun Day Fund Raiser on October 5 from 9:00 a.m. to 3:00 p.m.
Commissioner Combs:
1) Reported that former Commissioner Robert Lyles' mother died this week.
2) Asked Planning Director Behrens about the Centex wall. . .wrought iron and
brick.
3) Reported that Kiwanis will give a sizeable check to the Calvert Liver
Transplant Fund.
4) Advised that he will be on vacation the week of October 15.
5) Wants to pursue having filling stations as special exceptions in
particular zoning.
6) Reported that he has asked for 6-month review of Sanitation Department and
he thinks that non-profit organizations should do fund raisers instead of
coming to Commission for money.
7) Complimented staff for the good job on the budget.
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Ocoee City Commission Regular Meeting
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Commissioner Foster:
1) Wants to invite Postmaster General to Ocoee to review our problem.
2) Reported dead trees and brush on southeast corner of Flewelling and Orange
3) Asked that briefings for Commissioners be scheduled. City Manager advised
that he would be available at Commissioners convenience for briefings.
4) Said that he supports keeping the name of Clark Road as it is.
Mayor Dabbs:
1) Mentioned memo dated the 12th from City Manager Shapiro regarding Fun Day,
Memorial Day, and community spirit.
ADJOURNMENT
Meeting adjourned at 9:53 p.m.
APPROVED:
Attest:
Jean Grafton, City Clerk Lester Dabbs, Jr. , Mayor