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HomeMy WebLinkAbout01-07-86 - MINUTES OF THE REGULARLY SCHEDULED CITY COMMISSION MEETING HELD JANUARY 7, 1986 PRESENT: Mayor Ison, Commissioners Hager; Cox; Rodgers; and Bateman, City Manager Griffin, City Attorney Kruppenbacher, City Clerk Catron, City Engineer Kelley, City Planner Wagner, Building Official Gerace, Water Superintendent Cockrell, and Deputy Clerk Louloudis. ABSENT: None. CALL TO ORDER - MAYOR ISON - Mayor Ison called the regularly scheduled meeting to order at 7:35 p.m.. Mayor Ison then introduced Cub Scout Pack 217 who led those present in the Pledge of Allegiance. Mayor Ison then led in prayer. Mayor Ison announced that the dedication of the John 'Tiger' Minor Park would be held Saturday, January 11, 1985, at 11:30 a.m.. There will be barbequed chicken and hotdogs served at the park. On January 16, 1986, at 7:30 p.m. the City Commission will meet with Mid-Florida Industrial Development Commission at the Landmark Building on Robinson Street in Orlando. On January 24, 1986, the Winter Garden Rotary Club will hold their annual Pancake Supper, beginning at 4:00 p.m. The fee is $2.50 for the supper. CONSENT AGENDA Comm. Rodgers requested that items 'c' and 'D' be removed from the Consent Agenda. Mayor Ison pointed out that the Commissioners received a corrected copy of the minutes of December 17, 1985, before the meeting. Comm. Bateman moved to approve ite~s 'A' and 'B'; Regular Commission Meeting Minutes of December 17, 1985 and Proposed Ordinance; Amending parking Ordinance, First Reading, re- spectively. Comm. Hager seconded, and the vote carried unanimously. City Manager Griffin read the title of the proposed Ordinance amending th€ parking Ordinance aloud. This amendment will change the parking fee from $2.00 to $10.00 per violation. This amendment also specifies where parking is allowed on both sides of the street, one side of the street, and no parking. The second reading will be held on February 4, 1986. Section 12 will be reworded to say, "less than 26' but more than 17'. PROPOSED ORDINANCE; CEMETERY ORDINANCE, FIRST READING - Comm. Rodgers questioned whether this proposed Ordinance was in accordance with the present Cemetery Ordinance in effect. City Manager Griffin stated that it was, it merely takes out some obsolete rules which are part of the present Ordinance. Comm. Rodgers questioned whether or not this proposed Ordinance would effect some of the markers already in place. Mr. Griffin assured him the Ordinance was not 1 r- I ~ CITY COMMISSION MEETING JANUARY 7, 1986 PME2 retroactive, and pointed out that the Ordinance stated such. Comm. Bateman moved to approve the proposed Cemetery Ordinance for its first reading, Comm. Cox seconded, and the vote carried with Comm. Hager; Bateman; and Cox voting yeh, and Comm. Rodgers voting ney. City Manager Griffin read the proposed Ordinance by title only, and stated the second reading will be held February 4, 1986. PROPOSED ORDINANCE; RECREATION FEE; FIRST READING e Comm. Rodgers feels the Little League, and other organiza- tions have put labor and time into Ocoee's recreational facilities, and therefore it is unequitable to ask these organizations to pay the fees outlined in the proposed Ordinance. Comm. Rodgers moved to postpone the first read- ing of this Ordinance and to schedule a workshop for discussion, before the next regular meeting, with Recrea- tion Director Jim Beech present. Comm. Hager seconded, and the vote carried with Comm. Cox; Rodgers; and Hager voting yeh, and Comm. Bateman voting ney. Mayor Ison also expressed concern with charging fees to the parents who do a lot of the work which is involved with the different activities/sports. OLD BUSINESS Mr. Kelley will give a report at the next meeting in refe- rence to the feasibility study on the sewer sites and will give a review on Spring Lake Circle drainage problems within the next ten days. Mr. Kelley stated the sewer repair bids should be back in 2 1/2 weeks, and he will come before the Commission with them at that time. The residents who live on lake front property, reference Peach and Moxie outfall drainage, should not fill in their property. The City adopted an Ordinance approximately 12 months ago which prohibits residents from filling in their property and effecting the drainage flow. One of the Commissioners had been asked when they could fill in the lake front. ORDINANCE 862; LAW ENFORCEMENT IMPACT FEE I I I 41 Mayor Ison received a letter, from a law firm, which stated that Mr. John Howell, attorney for the Home Builders' Association, will address both of the impact fee ordinances. Comm. Bateman moved to approve Ordinance 862 for its second reading, Comm. Cox seconded, and the vote carried with Comm. Cox; Comm. Bateman; and Comm. Hager voting yeh. Comm. Rodgers voted ney. Mr. Griffin read the Ordinance by title only. There were no comments from the e CITY COMMISSION MEETING JANUARY 7, 1986 PAGE 3 citizens present. Mr. Griffin informed at the last 'whereas', the figure should read "$26,217." The third read- ing and public hearing will be held January 21, 1985. ORDINANCE 863; FIRE PROTECTION IMPACT FEE e Comm. Cox moved to approve the Ordinance for its second reading, Comm. Bateman seconded, and the vote carried with Comm. Cox; Bateman; and Hager voting yeh. Comm. Rodgers voted ney. City Atty. Kruppenbacher stated Section 5, the figures should read, $98.13 and $1,630.43, respectively. Section 6, subparagraph (a), first sentence, change annual to "quarterly". The third reading and public hearing will be held January 21, 1986. Mr. Griffin read Ordinance 863 by title only. There were no comments from the citizens pre- sent. The Commission agreed to drop the Drainage Impact Fee Ordinance for a while. Comm. Rodgers was concerned because the City Attorney changed the fees. Comm. Rodgers moved to postpone the third and final readings and public hearings on the Law Enforcement Impact Fee Ordinance and the Fire Protec- tion Impact Fee Ordinance. The motion died for a lack of a second. Attorney Kruppenbacher stated there was no problem with the change, since it was a lesser amount, and there will still be a third reading and public hearing. Comm. Rodgers felt we should not spend the money for advertising if we are not sure about the figures in the Ordinances. Orange County has adopted similar Ordinances and Maitland has joined in on Orange County's Transportation Impact Fee Ordinance. Mr. Kruppenbacher did not know which other local.cities'have adopted this Ordinance. Mr. Howell, attorney for the HBA, offered his assistance to the Commission, City Attorney, and staff in reference to these impact fee Ordinances. It was agreed by the Commission to schedule a workshop session with Mr. Howell concerning these Ordinances at a future date. ORDINANCE 864; ANNEXATION RENAISSANCE INVESTMENTS e Comm. Hager moved to approve Ordinance 864 for the second reading, Comm. Bateman seconded, and the vote carried unani- mously. Mr. Griffin read the Ordinance by title only. Mr. Don McIntosh, 2200 N. Park Ave., Orlando, representing Renaissance Investments, was present to answer any questions. They plan to develop this as commercial property. The Kissi- mmee Water Plant has water available and the developer under- stands he must run the water lines to his site. Mr. Griffin stated the City, in the past, has paid only for the upsizing of the water pipe. For instance, if a developer only needs a six inch water line for the development of his property, and the City would like that line to be a twelve inch line, then the City has paid for the upsizing from a six inch line to I. CITY COMMISSION MEETING JANUARY 7, 1986 PAGE 4 the twelve inch line. Comm. Rodgers did not agree with the City paying for this upsizing of the water lines. Comm. Hager felt the Commission should have one set of rules and procedures set for every developer. Comm. Cox moved to approve Ordinance 864, Comm. Bateman seconded, and the vote carried unanimously. This property will go before the Plann- ing and zoning Board and back to this Commission when they are ready to submit plans for development. OTHER BUSINESS PHASE I, UNIT II AND WATER PLANT ACCEPTANCE; FOREST OAKS, WAYNE RICH e Mr. Wayne Rich, Mr. Steve Miller, and Mr. Jeff Fuqua were present to answer any questions. The Staff had inspected this portion of the Subdivision earlier on this date and recommended that the Commission accept Phase I, Unit II of Forest Oaks. Mr. Griffin felt there should be a fence con- structed around the entire retention pond. Comm. Cox moved to approve Phase I, Unit II of Forest Oaks subject to a five foot vinyl coated chain link fence installed around the diameter of the entire retention pond, Mr. Miller's final engineering report including a recommendation for acceptance, and a letter from the staff recommending acceptance, Comm. Bateman seconded, and the vote carried unanimously. The water plant had also been inspected by the City Staff, and Mr. Miller earlier in the day on January 7,1986. Mr. Griffin recommended the Commission not accept the Forest Oaks Water Plant, as all the tests have not come in on one well, and Mr. Griffin feels the City has not had sufficient time to run the plant to find the problems. Comrn. Rodgers would like to feel sure the Forest Oaks plant can handle Jamela Water Plant's residents along with supplying Forest Oaks subdivision. Comm. Cox moved to conduct a thirty day trial run to work out the problems in the Water Plant before the City of Ocoee accepts the plant. Comm. Bateman seconded, and the vote carried unanimously. Comm. Rodgers requested a letter be sent to the Mayor and Commissioners, from Mr. Griffin and the in-house Staff, as well as a letter from Mr. Steve Miller, P.E., regarding this recommendation for acceptance of Forest Oaks, Phase I of Unit II. Mayor Ison called for a short break at 9:15 p.m.. The meeting reconvened at 9:25 p.m.. e NEW BUSINESS REQUEST APPROVAL FOR ZONING TO REMAIN A-I, PASTOR BURGESS Mr. Griffin explained that Pastor Burgess would like to 4 . CITY COMMISSION MEETING JANUARY 7, 1986 PAGE 5 e purchase the four acre tract on Adair Street, which is currently zoned A-l in Orange County. This property is caddy-corner to the south of the Fire Station #2. The Commission could allow a church to be built on that property under the provisions of A-I zoning of the City. Pastor Burgess would like to straw vote the Commissioners to see if they have any problems with a church being built on that property. Mr. Wagner informed the Board that Adair Street is a collector street, which has multi-family, and churches are commonly found in residential areas. Comm. Cox had no prob- lem with the church being built on the property. Comm. Rodgers had no problem with the church, although he ques- tioned the City's advantage of leaving the zoning A-lover residential. With A-l zoning, a mobile home would be permitted. The City could ask them to go through a zoning change, which would cost $100.00 and sixty days, or the City could administratively change the zoning later after the church is going in. Mr. Kruppenbacher recommended the City get a letter from Orange County stating the property is in compliance with their Growth Management Plan; then the City can rezone the property when we rezone all the properties according to our Growth Management Plan in June timeframe. The State requires that we have this letter from Orange County. Mr. Kruppenbacher informed Reverend Burgess the Commission is not telling him anything he can rely on, there- fore he should not act upon the straw vote of the Commission- ers. Comm. Rodgers felt the City should be sure the property is zoned according to our Comprehensive Land Use Plan, and subsequent owners of the property will also have to comply. DISCUSSION OF DIAGONAL PARKING - MCKEY STREET Comm. Rodgers encouraged defensive driving on McKey street. Comm. Bateman was in favor of the parallel parking, as was Comm. Hager. Comm. Cox felt that we should leave the parking as it is currently since there haven't been any problems as yet. Deputy Clerk Louloudis spoke against the present park- ing, as she drives to the daycare located on Cumberland every day. She feels the intersection of McKey and Cumberland is very dangerous because you can't see the oncoming cars with the present parking. Mayor Ison thought the City should leave the present parking as it is until a business comes in and asks for the change. REPORTS AND INFORMATION - CITY MANAGER e Mr. Griffin asked for the Commissioners guidance in reference to the intersection of McKey and Kissimmee. Mr. Griffin felt the best solution would be to install stop signs, making that intersection a three-way stop. The Commissioners agreed not to place a three-way stop at that intersection as it is a 5 e CITY COMMISSION MEETING JANUARY 7, 1986 PAGE 6 primary thorough-fare and would make the traffic situation worse. REPORT ON DREW THOMAS' CONTACT WITH PRIMA VISTA UTILITIES Mr. Griffin spoke to Mr. Thomas on January 7, 1986, and reported that his contact person with Prima Vista is on vacation for the next week. Mr. Thomas spoke to someone else from Prima Vista and was told that Prima Vista does not have any intentions of helping the City of Ocoee with the cost of the drainage project with Lakes Peach and Moxie as far as he knew. Mr. Thomas will keep Mr. Griffin posted, and in-turn, Mr. Griffin will inform the Commission of any progress. REPORT ON BILLBOARD MORATORIUM e Mr. Griffin reported that our Billboard Moratorium has ex- pired, although our present regulations are written so that no "bill boards" are permitted. The largest sign permitted for off-site advertising is limited to 200 square feet, which would be very small, as the standard is around 637 square feet. FOLLOW-UP AGENDA REPORT The Grand Opening for Fire Station #2 will be held on January 25, 1986, at 2:00 p.m.. Mr. Kruppenbacher reported that Mr. Lassiter was the trustee for w.O. Utilities and Mr. Lassiter's estate was seeking $45,000.00 settlement from the City for services supposedly rendered. Comm. Hager and Mr. Griffin testified at the hearing. The judqe awarded Mr. Lassiter's estate $18,500.00, plus attorney s fees totaling approximately $6,300.00. e Mr. Kelley is in the process of advertising for bids for repairing the sewer line in Industrial Park. The parking Ordinance has been amended; the first reading was held tonight. Mr. Thomas asked that the workshop reference Peach and Moxie lakes and Prima Vista be postponed until a later date. Mr. Kruppenbacher gave a report on the Lassiter case. Mr. Griffin gave his report on the possibility of a three-way stop at the intersection of Kissimmee, and McKey. Mr. Kruppenbacher is researching the agreements for utility and franchise taxes from the sewer company. Mr. Kelley does not feel he can submit figures for the Drainage Impact Fee Ordinances, that he could support. The letter to the City of Winter Garden has been sent in reference to the Mid-Florida Industrial Development Commission. 6 It CITY COMMISSION MEETING JANUARY 7, 1986 P AG E 7 CITY ATTORNEY Mr. Kruppenbacher had nothing else to report. COMMENTS FROM CITIZENS/PUBLIC Mr. William Stinson, 6 Sundial Key Drive, informed the Commission that he had a serious problem. Mr. Stinson has a three-car family, therefore one car must be parked on the street and every day he receives a parking ticket. Mr. Griffin explained the reasoning behind the No Parking in the trailer parks; the emergency trucks can not pass through the street if there are cars parked on the street; the streets are just too narrow. Mr. Griffin is to research this and report back to the Commission at the next regular meeting. e Mayor Ison suggested that the "Comments from Citizens/Public" be placed toward the top of the agenda, maybe the first item under "New Business". The City could set a limited time period for Citizen Comments and then start with the business. COMMENTS FROM COMMISSIONERS Comm. Rodgers asked when they would receive the annual budget report for fiscal year 84-85. Mr. Griffin felt the report could possibly be expected at the first meeting in February. Comm. Rodgers stated the garbage truck from Winter Garden is still speeding down Orlando Avenue. Mr. Griffin stated he called Winter Garden and they said to ticket the truck. Comm. Rodgers asked for some clarification on the Cemetery Ordinance on the agenda tonight. Mr. Griffin stated the proposed Ordinance is intended for the New Section of the Cemetery, the proposed Ordinance will not be retroactive. Comm. Cox and Comm. Hager did not have any comments. Comm. Bateman suggested having a workshop on finances and recommended the City adopt a financial policy as soon as possible. p.m~) MAYOR ISON The meeting was adjourned at 11:15 . ATTEST: ~~ DEPUTY CLERK LOULOUDIS 7