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HomeMy WebLinkAboutIII (A) Acceptance and Approval of Minutes of the Regular Meeting held July 5, 1995 AGENDA 7-18-95 Item III A D � a a C� MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD JULY 5, 1995 CALL TO ORDER Mayor Vandergrift called the regular city commission meeting to order at 7:30 p.m. in the commission chambers. A moment of silent meditation was observed in memory of John A. Stone, a retired City employee whose funeral services had been held earlier in the day. Mrs. Hilda Ems, S.A.L.T. president, led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Foster and Glass. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Planning Director Wagner, Planner Dow, Recreation Director Beech, Solid Waste/Fleet Maintenance Supervisor Dees, and City Clerk Grafton. ABSENT: Commissioners Gleason and Johnson. (Both on vacation) Mayor Vandergrift advised that the West Orange Jaycees were manning the telephones for this meeting and announced the City Hall telephone number for citizens to call in their comments and questions. PRESENTATIONS AND PROCLAMATIONS PRESENTATION - SPECIAL RECOGNITION AWARDS FOR CLAYTON BRATCHER AND JAN- MICHAEL STAUB. At Mayor Vandergrift's invitation, Mrs. Joyce,Staub, a 911 Dispatcher, recounted the incident on March 22 when the two boys saved their grandmother's life by calling for help when she had a heart attack. Mrs. Staub introduced those family members present(Grandmother Ipha Gibson, Julie, April, and Ernest Bratcher, Mr. and Mrs. Bratcher {Maggie and Jeff), Aunt Doris, and Betty Staub) as well as Lt. Buckner's Rescue Squad (Lt. Buckner, Firefighters Ted Strickland and Bryan Peterson). Engineer Amy Fulmer and Firefighter Dennis Trimble were on vacation. Mayor Vandergrift presented Certificates of Special Recognition to Clayton Bratcher and Jan-Michael Staub for their quick thinking and actions that saved the life of their grandmother, Ipha Gibson. CONSENT AGENDA The consent agenda consisted of item A only. Mayor Vandergrift noted that the minutes did not reflect that his pitch was a 95 mph pitch according to the Orlando Cubs. Commissioner Glass. seconded by Commissioner Foster. moved to approve the consent agenda. Motion carried 3-0. A. Acceptance and Approval of Minutes of the Regular Meeting held June 20, 1995. COMMENTS FROM CITIZENS/PUBLIC Mrs. Barbara Gilbert, asked for help sponsoring her son, Brian, who is a member of the Little League All-Star team, and who is one of eighteen members in the United States selected Ocoee City Commission Regular Meeting U E July 5, 1995 to represent the nation in the Pan American Games in Mexico in August. She explained that he has to earn $1250 for the trip in addition to his plane fare and she listed the many accomplishments he had achieved as a good student and athlete. No motion was made to provide support from City funds, but Mayor Vandergrift repeated Mrs. Gilbert's telephone number (295-7263) for the benefit of those in the business community who might be interested in taking part in the sponsorship and thanked Mrs. Gilbert for sharing the information with Commission. Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., pointed out again that the broken line permitting passing close to an intersection on A. D. Mims Road still has not been changed. City Manager Shapiro advised that he will follow up on this immediately and respond in writing. Mr. Shapiro reported that the problem with sidewalks on A. D. Mims Road, Wurst Road, Bluford Avenue and Rewis Street at the railroad tracks will be solved shortly as the railroad company has responded to his request by allowing the City to provide the sidewalks if the City agrees to do the maintenance. This project can proceed as soon as the railroad company replaces/updates the tie beams. Mr. Steve Martynink, 153 Hercules Court, asked if the suggestion to open the driveway from Winn Dixie onto Olympus Drive made at the last commission meeting was being considered. Mayor Vandergrift advised that it was an idea for a pilot project, but that Commission said they were not interested in looking at it and it became a dead issue. He said that he was scheduled to attend a homeowner association meeting to give that information. Mr. Martynink stated for the record that there are three different homeowner associations in that subdivision and his has not been turned over yet. City Manager Shapiro said for the record, "When we did the improvement on that it was platted without the road, and in fact, if you will look out there, the public works department is in the process of putting a sidewalk across that and putting the sod there. So, in fact, we've closed it. We are just waiting to get enough concrete to do a bunch of sidewalks in town, so we have done all the earth work necessary. We've taken the curb out and we'll be curbing it, and putting sidewalk in and putting grass in so it will look like it was never there." PUBLIC HEARINGS ORDINANCE No. 95-17, ENACTING CHANGES TO CHAPTER 180, LAND DEVELOPMENT CODE PERTAINING TO SHORT FORM SUBDIVISION PLAT PROCEDURE, STREET LIGHTING AND UTILITY SERVICE PEDESTALS. This ordinance was presented by title only. City Manager Shapiro said that these changes are three separate areas of concern that have come before Commission previously: (1) a simplified 2 Ocoee City Commission Regular Meeting o July 5, 1995 U M113 method to plat small parcels, (2) a requirement for developers to pay for street lighting costs while their project is under development, and (3) a requirement that utility service pedestals on narrow lots be moved away from the street to minimioze adverse visual impacts. City Attorney Rosenthal clarified the terms of the charges to the developer on the street lighting: The developer would prepay the first year of the street lighting and then would continue to pay the entire cost of the street lighting in the subdivision until such time as they give the City notice that 75% of the lots in the subdivision have been issued certificates of occupancy. They would then finish out that year and then following receipt of that notice the City would begin to pick up the annual cost. The public hearing was opened. Mr. Ray Boudreau, Olympic Park Circle, asked who pays for the electricity after the lights have been turned over to the City. Mr. Shapiro responded that the City pays for it on public roads. In the case of private lighting on a public street, the City pays and then bills the homeowner association. Mr. Rosenthal clarified, saying that after the lighting is turned over to the City, the City pays 100% of the electric cost for a standard street lighting package. In a subdivision where the developer has had upgraded or non-standard lighting, the developer, then the homeowner association upon turnover, pays the difference between the total bill and what the City would normally pay. On a private street the developer, then ultimately the homeowners association, pays 100%. The public hearing was closed. Mayor Vandergrift, seconded by Commissioner Glass, moved to adopt Ordinance No. 95-17 as presented. Motion carried 3-0. TRANSMITTAL FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT. Mr. Rosenthal advised that this is a transmittal to the Department of Community Affairs of the package, and that an adopting ordinance would be presented when the ORC report is returned from DCA. Planner Abra Dow said that this first regular Comprehensive Plan Amendment consists of five parts. She presented the staff report and advised that notices of this hearing had been sent to the affected property owners a month ago. Ms. Dow pointed out the affected properties on a map and explained that there are two types of changes to the Future Land Use Map: (1) scriveners' errors where the future land use map designation did not match the zoning, (most of those were mistakes and were corrected) and (2) the Joint Planning Area Agreement Future Land Use Map changes, where the future land use designations were changed as agreed upon with Orange County in the Joint Planning Area Agreement. Those changes were made to match 3 Ocoee City Commission Regular Meeting 13 Jjj July 5, 1995 the Joint Planning Area Agreement Exhibit B. The third part of the changes in the package are Future Land Use Element text changes and incorporate policies that were in the Joint Planning Area Agreement. The fourth part is the Intergovernmental Coordination Element text changes. All the maps in appendix A were changed where it was appropriate to show the joint planning area agreement boundary, and also include the recent annexations up through December 1994. The fifth part adds Appendix E to the Joint Planning Area Agreement. The public hearing was opened. Mayor Vandergrift commended staff for the excellent preparation of the package. Mrs. Glenn Miller (Linda), 435 W. Franklin Street, Ocoee, spoke regarding the zoning of their business property (Glenn's Paint and Body Shop) at that address, pointing out that the map showed their property to be light industrial, making their business a non-conforming structure. They had requested and were granted C-3 zoning some years ago and this action corrects the map to reflect that zoning. This action causes their business to be conforming with the exception of some of the warehouse units built during 1979-85 which were approved by the City according to the (current at that time) set back regulations. However, the units do not conform with the present set back rules. Mrs. Miller said it was their desire to apply for a dealer's license; however, in order to apply for a dealer's license everything on the property must be conforming. Mrs. Miller said they had considered requesting that the zoning be changed to match the map rather than to correct the map, but have almost decided to stay with the commercial designation. She said that their property will be flagged by the Planning Department for future consideration for what designation is best. Ms. Dow confirmed Mrs. Miller's remarks and displayed a map showing the Miller property and Handy Way (on the corner of Franklin and Bowness Road) which is also improperly marked. The Planning and Zoning Commission recommended that, because of the character of the area, commercial zoning was more appropriate over the long term. They also wanted to avoid creating a non-conforming use for a long-time property owner and business operator, and asked that the matter be researched by Staff. As there would be time after transmittal to do the research, both Staff and the Planning and Zoning Commission recommended going ahead with the transmittal and study this issue prior to adoption. The public hearing was closed. Commissioner Foster, seconded by Commissioner Glass, moved to authorize staff to transmit the Comprehensive Plan Amendment (Case #CPA-95-1-1 and CPA-95-1-2) to the Florida De•artment of Communi Affairs for their review and comments ser staff recommendations. Motion carried 3-0. 4 Ocoee City Conunission Regular Meeting U G i i July 5, 1995 U U u Mayor Vandergrift asked if this would be the appropriate time to correct the verbiage and bring it up to date as there are references to "when Clarke Road is completed," etc. Mr. Shapiro said that would be taken care of when it is re-written in 1997 or 1998, that this is to bring it into alignment with Orange County's plan and include the Joint Planning Area Agreement. OTHER BUSINESS FIRST READING OF ORDINANCE No. 95-19, APPROVING REVISED LAND USE PLAN FOR LAKE LOTTA MALL, PUD. SECOND READING/PUBLIC HEARING SCHEDULED FOR JULY 18, 1995. This Ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and place of the second reading and public hearing. Mr. Jim Grant was present but did not speak. RESOLUTION No. 95-07, ADOPTING ADDITIONAL FORMS FOR SHORT FORM SUBDIVISION PLAT APPLICATIONS PER ORDINANCE No. 95-17. This Resolution was presented by title only. Mr. Rosenthal explained that this establishes the forms pursuant to Ordinance No. 95-17 just adopted in the public hearing. Commissioner Glass seconded b Ma or Vander' ift moved to a. 'rove Resolution No. 95- 07 re.ardin• ado•tion of additional forms for the Short Form Subdivision Plats as •resented. Motion carried 3-0. RESOLUTION No. 95-08, ADOPTING REVIEW FEE FOR SHORT FORM SUBDIVISION PLAT APPLICATIONS. This Resolution was presented by title only. Mr. Rosenthal explained that this establishes the review fee associated with the Short Form Subdivision Plat Applications process adopted earlier providing for a flat fee plus costs. Mayor Vandergrift, seconded by Commissioner Glass, moved to adopt Resolution No. 95-08 as presented. Motion carried 3-0. SET ANNUAL BUDGET FY 1995/1996 PUBLIC HEARINGS AND WORKSHOP DATES. Administrative Services Director Beamer reviewed the available dates for the budget workshops and public hearings, noting that holding the Tentative Hearing on September 6 and the Final Hearing on September 17 would satisfy the requirement to avoid the dates chosen by Orange County and the Orange County School Board. City Manager Shapiro suggested August 2, 4, 9, 10 and possibly the 11th in case an additional meeting is needed for the workshops. Commissioner Foster, seconded by Commissioner Glass, moved to adopt the budget calendar as presented b staff holdin l bud.et worksho i s on Au l st 2 4 9 10 and 11 if needed with 5 Ocoee City Commission Regular Meeting --� .11.1 01.\ — July 5, 1995 the Tentative Budget Public Hearing on September 6 and the Final Budget Public Hearing on September 17, all meetings to begin at 7:00 p.m. Motion carried 3-0. APPOINTMENTS TO BOARDS. PD CITIZENS ADVISORY COUNCIL -NORMAN BEIER TERM EXPIRES JULY 1995. Mayor Vandergrift, seconded by Commissioner Glass, moved to reappoint Norman Beier to serve a three year term on the PD Citizens Advisory Council. Motion carried 3-0. STAFF REPORTS There were no staff reports at this time. Mayor Vandergrift introduced Mr. Kenneth Cone, new manager for Florida Power. Mr. Cone stated that he would welcome an opportunity to be of service to this Commission and community. COMMENTS FROM COMMISSIONERS Commissioner Foster: No comments at this time. Commissioner Glass: Reported that D.O.T. has approved additional button cross walks on the west and south sides of Bluford Av./Silver Star Rd. intersection. Mayor Vandergrift: Repeated the request made by Mrs. Gilbert early in the meeting about sponsoring her son to go to the Pan Am games. ADJOURNMENT The meeting adjourned at 8:40 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 6