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HomeMy WebLinkAbout01-06-87 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON e JANUARY 6. 1987 Mayor Ison called the meeting to order at 7:35 p.m. led and in prayer and pledge 0% allegiance to the flag. PRESENT: Mayor Ison, Commissioners Johnson, Dabbs, Bateman and Hager, City Attorney Kruppenbacher, City Engineer Kelley, City Manager Ryan, City Planner Wagner, City Clerk Catron, Water Superintendent Cockrell and Deputy Clerk Green. PRESENTATIONS AND PROCLAMATIONS - REVIEW OF PROPOSED ALIGNMENTS FOR WESTERN BELTWAY PROJECT John Dittmeier, Deputy Director of the Orlando-Orange County Expressway Authority, presented a status report on the proposed Western Beltway Corridor Study. Will Thompsen and Jimmy Allison of Griner Engineering were also present to answer any questions the Commission might have. Mr. Dittmeier explained that 200 di%ferent potential alignments have been proposed. Some of these will be eliminated depending upon the studies, public hearings, engineering and construction costs. There will be a public hearing on January 22, 1987 at 7:30 p.m. at Apopka Senior High School and they hope to make a presentation by January 21, 1987 and have the number 0% alignments reduced to 3 or 5 by the time of the hearing. A%ter that hearing, they will make a recommendation and hold another hearing in the March, 1987 time %rame. Mr. Dittmeier then asked for comments %rom the Mayor and Commissioners. Mayor Ison asked xor comments %rom the audience and several people asked questions about some of the proposed alignments. One 0% the main questions, and one that had also been asked by the Commission previously,was the idea 0% going West ox Ocoee between Ocoee and Winter Garden. This idea had been addressed but it was decided not to be feasible according to the E/W Expressway Authority. The Mayor and Commissioners asked that they be given a chance to address their comments to the City Manager and the City Manager and City Planner would follow up with a letter addressing their concerns to them by the January 22, 1987 public hearing. City Manager Ryan and City Planner Wagner expressed their appreciation to Mr. Dittmeier and the E/W Expessway Authority for their presentation and for the cooperation they have shown in keeping the City of Ocoee informed. Commissioner Bateman asked how a citizen could get on the agenda for the public hearing on the 22nd and Mr. Dittmeier explained that it was an open meeting and anyone would be able to speak. RECESS: 8:15 p.m. MEETING CALLED BACK TO ORDER: 8:35 p.m. - APPROVALS - CONSENT AGENDA Commissioner Bateman moved to approve items A, Band C on the Consent Agenda, Commissioner Dabbs seconded and the motion 1 - ---- -... - Peg- 2 Ci~y ComMiaaion M__~ing Kinu~.a Jenuery 6. 1987 carried unanimously. Items approved were as follows: A Regular City Commission Meeting Minutes of December 16, 1986; B - Proclamation 86-14, Volunteer Blood Donor Month; and C - Request for Security Trailer at Central Florida Fuels, 409 Franklin Street, Ocoee. OLD BUSINESS SPECIAL STAFF REPORTS - CITY ENGINEER Geo-technical Report (Spring Lake/Prima Vista Utilities) City Engineer Kelley explained that the report was not ready for presentation at this time. All of the field work had been done but the analysis had not been completed. The report should be ready by the January 20, 1987 Meeting. - Gerald Sims stated that by visual observation the pond had to be pumped out because it did not percolate. It was cleaned out and should percolate. Mr. Sims suggested that Prima Vista put in clay cores so that their ponds will percolate. Bruce Beatty, 311 Hormigas, Ocoee, stated that he had documents reference the hard pan in the area of the exisiting pond and would make them available to the City and in return he would like copies of the latest plans for the expansion of the existing facility. Advertising for Bids City Engineer Kelley asked approval to advertise %or bids on the Flouridation System and the Ditch Cleaning for the area North of Palm Drive. Commissioner Hager moved to approve the Advertising for Bids by the City Engineer for the Flouridation System and the Ditch cleaning, Commissioner Bateman seconded and the motion carried unanimously. e WEST ORANGE GIRLS CLUB REQUEST FOR FINANCIAL ASSISTANCE (NEW BUSINESS) Newy Breland and Lois Grantham of the West Orange Girls club requested that this item be moved up on the agenda because they had another meeting to attend tonight and there was no obJection by the Commission. Mr. Breland explained that they will be hosting the National Rebel Spring Games from March 2, to April 2, 1987. There will be about 74 colleges from all over the country participating. This will mean that they will have to build an additional %ield and bring the existing fields up to specifications xor the National games. They estimate this to cost approximately S10,000.OO and have requested that the City of Ocoee give them some financial assistance by donating approximately S7,500.00. They will try to raise S2,500.00. The Commission felt that the other cities in the West Orange County area should also be contacted and asked to participate also the businesses, 2 e Page 3 Ci~y CO.Mi..ion M..ting Minut.. Jenuery 6. 1987 especially the hotels. Commissioner Dabbs moved to approve an amount of S5,000.OO to be donated to the West Orange Girls Club to help with the Rebel Games, ix the budget allows, and that they also seek assistance from the other cities in West Orange County, Commissioner Johnson seconded. City Manager Ryan explained that the funds would come %rom the unappropriated cash reserve. Frank Courtney, Courtney Consulting, stated that he would assist with the construction of the patio/deck area or help with the improvements at his cost as part of the City's contribution. The motion was approved unanimously. OLD BUSINESS - CONT'D PUBLIC HEARINGS AND SECOND READINGS e Developers Agreement and Ordinance *926 Lakendon Rezoning Due to this Ordinance being tabled xrom a previous meeting, this will be the Third Reading 0% the Ordinance. City Manager Ryan read the proposed ordinance by title only and City Planner Wagner pointed the property out on the map. Mayor Ison opened the Public Hearing and there were no comments so the Public Hearing was closed. City Manager Ryan pointed out several minor changes in the Developers Agreement that were made as suggested by the City Attorney. Commissioner Bateman asked if the concerns re%erence the looping of the water line had been resolved. City Planner Wagner explained the background on the question of the looping of the water line and that of the three alternatives suggested by Rick Merkle ox PEC, Inc.. that the one they initially wanted done was the least expensive and the developer has agreed to the looping as the City has requested. Commissioner Bateman moved to approve Ordinance #926 as submitted, Commissioner Dabbs seconded and the motion carried unanimously. Commissioner Hager moved to approve the Developers Agreement with Lakendon, Inc. as revised, Commissioner Johnson seconded and the motion carried unanimously. PUBLIC HEARING ONLY - SUBDIVISIONS PRELIMINARY SUBDIVISION PLAT APPROVAL - HODGES/BOLIN RANCH City Manager Ryan stated that this item will need to be tabled as the City has not developed a policy for private roads. Commissioner Bateman moved to table this item until the January 20, 1987 agenda or the appropriate time it can be put on an agenda, Commissioner Dabbs seconded and the motion carried unanimously. e 3 . Page 4 Ci~y Comai..ion Meeting Minut.. Januery 6. 1987 e PROPOSED MODIFICATION OF RECREATIONAL ASSESSMENT/FACILITIES AGREEMENT WITH ROBERT'S RISE (Frenk Courtney) City Manager Ryan presented an overview %or the Commission on the agreement with Mr. Courtney in which he agreed to build a dock along with dedication 0% the land on the lake as part of his recreational fee assessment. This also included some improvements such as picnic tables and landscaping. Mr. Courtney had requsted that he pay the recreational fee assessment in a cash payment in lieu ox the land, dock and improvements. Mr. Courtney stated that he had proposed to build a dock for about S8,000.00, but the dock that the City Engineer has requested that he build, would cost approximately S16,000.00. In light of the liability involved with a dock, he felt that he and the City would most likely be better off without a public dock. Mayor Ison asked i% the land would still be dedicated to the City and Mr. Courtney stated that would be at their discretion. Commissioner Bateman felt that the area would be a good one xor recreation some time in the future. There was quite a bit of discussion on whether Mr. Courtney would/should dedicate the land and pay an additional sum in cash. Several members of the Commission felt they should not settle %or less than previously agreed upon. Mr. Courtney felt it was un%air for him to have to pay more than would be required under the 5% assessment %or recreational fees and Commissioner Bateman stated that he shared Mr. Courtney's feelings. Commissioner Bateman moved to table this item as Item #1 under Old Business on the January 20, 1987 Meeting, Commissioner Hager seconded and the motion carried unanimously. COMMENTS FROM CITIZENS/PUBLIC Wayne Sailors, Central Florida Fuels, asked what the status was re his request for a security trailer on their property. Mayor Ison explained that it had been approved on the Consent Agenda. John Linebarier requested that the Commission appoint Mr. Robert Imes as a member of the Code Enforcement Board to xill the vacancy. The Commissioner requested that this item be placed on the next agenda to give them time to make recommendations also. NEW BUSINESS REQUEST FOR FINANCIAL ASSISTANCE W.O. GIRLS CLUB This item was taken care of earlier under Old Business. e 4 e Page S City Commi..ion Meeting Minut.. Januery 6. 1987 APPEAL OF BOARD OF ADJUSTMENT RECOMMENDATION e City Manager Ryan gave an overview for the Commission on the events leading up to this request. Initially, the property at 2 W. Floral was be%ore them for rezoning which was denied. Then Mrs. Earline Miller who subsequently purchased the property requested a home occupation license. This was denied by the City Manager on the basis ox the following: the employees do not reside on the premises, a greater volume of traf%ic had been observed at that location than would normally be expected in a residential neighborhood, more than 20% 0% the total living area is being used %or business purposes and their business involved retail sales 0% their service. In addition to the above, Mrs. Miller had been cited to appear before the Code En%orcement Board %or operating a business in a residential zone. It was then that she applied for the home occupation license. Bruce Beatty, Chairman of the Board ox AdJustment, explained that they could find no documentation to dispute the case presented by the City and therefore, the reason for their recommendation for denial of the request for home occupation. Frank Kruppenbacher asked ix anyone was present at the Board of AdJustment Meeting to represent Mrs. Miller and if so, how did they respond to the items raised by the City Manager. Mr. Beatty stated that there were representatives there, but they did not satisxactorily answer the complaints. Kevin Carden, attorney for Mrs. Miller, stated that only %amily members were employees, there were 5 people residing on the premises and there was only one Federal Express delivery per week. Mayor Ison explained as a matter ox record that they were ready to receive any/and all information regarding this case. Frank Kruppenbacher stated that he could not see where anything had been presented to the contrary to show any error on the part of the City. City Manager Ryan stated that the same cars had been present day a%ter day during working hours, more than 20 % 0% the area was being utilized as a porch had been enclosed without a building permit, and they had installed a Watts line for business purposes. Mayor Ison asked i% any Commissioner wanted to make a motion. Commissioner Bateman questioned whether they needed to make a motion. According to the Code 0% Ordinances, if the Commission does not take action within 30 days of the decision of the Board of AdJustment, then the decision 0% the Board 0% AdJustment shall become xinal, unless appealed to the courts. It was decided that a motion would be in order. Commissioner Bateman moved to concur with the action of the Board of AdJustment to "uphold the Judgement and ruling by the City Manager and deny the request %or an occupational license based on Chapter II, Section 4.2, paragraph 1 0% the Zoning code", Commissioner Johnson seconded and the motion e 5 e Peg- 6 City Commission Meeting Minut.s January 6. 1987 carried unanimously. City Manager Ryan stated that as a matter 0% record the information was made as full disclosure. RECESS: 10:19 p.m. MEETING CALLED BACK TO ORDER: 10:32 p.m. REPORTS AND INFORMATION - CITY MANAGER UPDATE PRIMA VISTA UTILITIES "AREAS OF CONCERN" City Manager Ryan presented a written report listing the items 0% concern that were expressed at the Public Meeting that was held 12-3-86 with representatives 0% Prima Vista Utilities. The areas of concern were: 1- maintenance problems (these are being taken care 0%), 2- possible water infiltration into septic tanks and drains (a report is being done by Mike Sims), 3- FHA reJection of home sales/refinancing (letters sent to legislators and data being gathered %or argumentative purposes), 4- new expansion ponds and how they affect surrounding area (report by Mike Sims), 5- concern that the expansion will increase rates to existing users (owner indicates expanded customer base helps hold down costs) and 6- future activity-advise/communicate with the citizens (noted for action). e Mayor Ison requested that a letter be sent to the appropriate of%ice/person with FHA and requested a copy of their regulations/rules/guidelines regarding the financing of homes near perc ponds and sewer facilities from 1982 to the present. Attorney Kruppenbacher suggested we contact Tom Lang of his oxfice for the appropriate person/agency. FOLLOW-UP AGENDA Proposed Impact Fees and Capital Improvements to be presented at the January 20, 1987 meeting. The City Attorney will also submit an "Adult Entertainment Ordinance" at the January 20th meeting. CITY ATTORNEY City Attorney Kruppenbacher and Mayor Ison discussed bringing a proposed "Adult Entertainment Ordinance" be:f:ore the Commission as an emergency ordinance at the next meeting. There is a real concern over the direction these adult entertainment businesses may take since Orange County and Orlando are setting strict laws. COMMENTS FROM COMMISSIONERS . Mayor Ison expressed condolences to Commissioner Johnson in the death ox his father. Commission Johnson thanked everyone and especially the City xor their concern and support in his loss. 6 I I I I I ..;oj e Peg- 7 City Commi..ion Mee~ing Minu~e. Jenuary 6. 1987 Commissioner Hager had no comments. Commissioner Bateman requested that the City Manager and John Cockrell, Water Superintendent, come up with a cost estimate to replace outdated water lines in the old section of Ocoee and a recommendation on how to accomplish. City Manager Ryan stated that he was already working on this item and it would be included in the list ox capital improvements. Commissioner Dabbs stated that his concern also was the water quality and would like to see it done as soon as possible. Mayor Ison asked the City Attorney to draft a bill to be presented at the legislative delegation for our district that would consist 0% mandating Joint meetings between governmental bodies of elected officials before any law suits would be filed. He felt this would help settle differences before a lawsuit became involved. e WESCAR/FLORIDA POWER CONSTRUCTION - CLARK RD. City Manager Ryan stated that Dave Outlaw and Louis Geyes of Wescar would like to address the Commission concerning Florida Power and their proposed construction along Clark Road. Mr. Outlaw explained that since Florida Power was going to be constructing lines along Clark Road, he inxormed them of the plans to 4-lane and %elt they could take this into account as they do their work. They have all 0% the easements except %or one piece 0% property that is owned by Mrs. Mulvey. Mrs. Mulvey agreed to give an easement if she could be assured by the City that she would not be charged any special assessments for the Clark Road improvements as long as she does not develop her land. Attorney Kruppenbacher stated that he was not com%ortable with all of the ramifications involved with this. The Commission was in agreement with the attorney. Mr. Outlaw explained the reason he was coming before the Commission was because Florida Power had given them a time limit and they were not aware ox the 72 hour window until 10:15 a.m. yesterday. City Manager Ryan said they could either capitulate or take a hard line with Florida Power. Mayor Ison asked that a Certified Letter be sent to Florida Power and advise them that we do not understand them issuing a time ultimatum on installation of new construction, that we are planning on the 4-laning 0% Clark Road, and how they had the design and implementation of their plans without obtaining permits. Mr. Geyes stated that they could either do nothing, go around Mrs. Mulvey or have a meeting with everyone involved. Mayor Ison suggested that they could go the Public Service Commission with their concerns. e 7 Peg. 8 Ci~y Co.mi..ion M..ting Minut.. 4It Jenuary 6. 1987 Meeting adJourned at 11.25 p.m.. ATTEST: - - - - }!lQ,tJ~,,~ - sJ.Atl.tiU- e . 8 __1e__L__um MAYOR