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HomeMy WebLinkAbout09-03-85 . . . MINUTES OF THE REGULARLY SCHEDULED CITY COMMISSION MEETING HELD SEPTEMBER 3, 1985 PRESENT: Mayor Ison, Commissioners Cox, Rodgers, Bateman, and Hager, City Atty. Kruppenbacher, City Manager Griffin, and Deputy Clerk Louloudis. ABSENT: None. CALL TO ORDER Mayor Ison called the regularly scheduled Commission meeting to order at 7:35 p.m. and led those present in prayer and The Pledge of Allegiance. APPROVALS - CONSENT AGENDA Comm. ROdgers pulled items 'H' and 'K' from the consent agenda. Comm. Bateman moved to approve the remaining items listed under Consent Agenda, Comm. Cox seconded, and the vote carried unanimously. Mr. Griffin read all of the proposed Ordinance titles aloud. Mayor Ison read Resolution 85-11, for Glenda Hood, aloud. Comm. Rodgers asked that maps be supplied with the proposed Ordinances dealing with property. In reference to item 'H', Comm. Rodgers had a problem with the verbage in Section 1.05 of Appendix C. Mr. Kruppenbacher had other problems with the proposed Ordinance therefore he asked that it be brought up at the next meeting. Comm. Rodgers stated, in reference to item 'K', the legal description of the original Ordinance included several parcels of land, not just the Dann property, therefore he thought all the property owners should be contacted, to see if they want to de-annex also, so they could all be done at one time. City Atty. Kruppenbacher also agreed, in order to check for enclaves. The subject will be brought up at the next meeting, after Mr. Kruppenbacher has researched it. PRESENTATIONS AND PROCLAMATIONS PLANNING AND ZONING WORKSHOP MEETING MINUTES OF 7-23-85 Mayor Ison informed that these minutes were for information only. PETITION FOR SIGNS STARKE LAKE The Commission received a petition with 166 signatures requesting the City erect more signs around Starke Lake which would be easier for children to understand than the present signs posted. The Commission felt the signs would not solve the problem as all the lakes in the area carry the parasite, not only Starke Lake, plus the Commission did not think the signs would stop the children from swimming in the lake. Mayor Ison requested that every July, August, and September, the Commission make a public announcement, before each . CITY COMMISSION MEETING SEPTEMBER 3, 1985 PAGE 2 regular meeting to warn the citizens about the parasite. OLD BUSINESS ORANGE TREE CINEMA - PRELIMINARY SUBDIVISION & SITE PLAN APPROVAL Mr. Nathan Dykgraff, the developer of Orange Tree Cinema objected to items 1,3, 10, and 14 of the Staff and City Engineer's report to the Commission. The Commission agreed to all of the conditions outlined on the Staff and Engineer's Report dated August 30, 1985, (copy attached) except on item 10, and item 14. The Commission agreed with the requirement of the 10 foot easement, although they agreed to let the developer leave the proposed sign and retention area on the right-of-way until such time the State will come in and widen the road. Mr. Kruppenbacher is researching the recreational assessment Ordinance therefore 114 will be addressed at that time. Mr. Dykgraaf then asked that no action be taken until he could get back with the Staff. . TOWNE SQUARE SHOPPING CENTER - PRELIMINARY SUBDIVISION & FINAL SITE PLANS APPROVAL Mayor Ison called for a short break at 9:20 p.m., and at 9:35 the meeting was reconvened. . Mr. Jim Bartoe, developer of the property, was present and objected to the conditions numbered 2, 5, & 6 of the Staff and City Engineer's Report, dated 8-30-85. Mr. Bartoe objected overlaying the paving in the areas adjacent to the site as specified by the City Engineer, because Maguire Road will eventually be made into a four lane highway. He objected to the sidewalks with the statement that people would walk through the parking lot. The Commissioners all agreed to keep items 2 & 5 as conditions upon acceptance. The developer agreed to comply with those conditions. Comm. Rodgers moved to approve subject to the following: 1. That minor modifications to the stormwater management system in the northeast portion of the site conform to the requirements of the City Engineer. 2. That Maguire Road be provided with overlay paving in those areas adjacent to the site as specified by the City Engineer. 3. That further details be provided on all overflow structures to include skimmer plates as specified by the City Engineer. 4. That the developer provide documentation of all correspondence with FDOT, FDER, and SJRWMD upon submission of the final subdivision plat. 5. That the developer install sidewalks as shown on the final plans. 6. That the developer provide a cash fee of $2,500.00 to the City of Ocoee in lieu of land dedication for the required recreational assessment. 7. That the developer .2__ . . . CITY COMMISSION MEETING SEPTEMBER 3, 1985 PAGE 3 provide a perpetual maintenance agreement. seconded, and the vote carried unanimously. Comm. Hager BURNT TREE - FINAL PLAT APPROVAL Comm. Hager moved to approve subject to the following: 1. The developer set up a special assessment for the perpetual maintenance of retention ponds and a homeowners association for the perpetual maintenance of the perimeter subdivision. 2. Approval is subject to final review by the City Engineer and staff and supporting documents. Comm. Bateman seconded, and the vote carried unanimously. MOSELY ESTATES - FINAL SUBDIVISION PLANS APPROVAL Comm. Rodgers moved to approve subject to the Staff and City Engineer's Report dated August 30, 1985, see attached letter. Item #1 on the report was changed to a 'Special Assessment area or other appropriate mechanism' instead of an 'MSTU'. Item 9a, the developer will dedicate the corner lot of Adair and Wurst Rd, after constructing a right turn lane, to the City of Ocoee. The Commission also directed the developer to increase the radius of the cul-de-sac with the proposed name of Oak Fork Court to 40 feet, excluding the Miami curb. The developer agreed to this request. The Commission also directed the developer to conserve as many trees as possible, along with providing two live oak trees per lot under a deed restriction. The developer also agreed to this request. The above Commission conditions were delineated in Comm. Rodgers' motion. Comm. Cox seconded, and the vote carried unanimously. Comm. ROdgers asked if there was any way that the City could speed the plan review process up in-house. Mr. Kelley said it takes time to get the correct calculations from the developer, and in researching this time factor he found PEC, Inc. processes the plans just as fast as other Engineering companies. Mr. Kelley reported that all parties have been contacted about signing the construction easements, in reference to Peach/Moxie drainage project. Mr. Kelley reported that Burnt Tree is ready to pull permits to build, and he would like to proceed. Mr. Creech wants the City of Ocoee to provide him with water service and he will sign the construction easement. Mr. Kelley stated we could run a 2" or 4" line to his property which is approximately 160 to 200 feet away from existing lines. Mr. Griffin stated we are currently serving eight residences which are not in City limits with water. Mr. Kruppenbacher stated this would not be a problem if the agreement is worded properly. Mayor Ison requested the City proceed with the water line to Mr.Creech's residence, by taking a straw vote of the Commissioners. Mr. ~ . . . CITY COMMISSION MEETING SEPTEMBER 3, 1985 PAGE 4 Kelley reported that the water line is basically completed to Hwy 50 and two property owners are prepared to pay their share of the line. ORDINANCE 841 - CONFIRM ZONING P. PACHIRATANA Comm. Rodgers moved to read Ordinance 841 by title only, Comm. Cox seconded, and the vote carried unanimously. Mr. Griffin read the Ordinance by title only. Mr. Kruppenbacher stated the title should read, "City Clerk and/or City Planner is hereby authorized to amend". Comm. Cox moved to approve Ordinance 841, Comm. Bateman seconded, and the vote carried unanimously. OTHER BUSINESS PIONEER KEY PARK II DRAINAGE - WILBUR SMITH Mr. Smith, 50 Periwinkle Key Drive, asked the Commission to correct the drainage problems at Pioneer Key Park, sweep the streets in the park, spray for mosquitos, fix the street lights, and mow the easements. Mayor Ison informed Mr. Smith that Florida Power, 629-1010, will fix the street lights if they are reported to them. Orange County Mosquito Control is in charge of spraying for mosquitos. Mayor Ison instructed Mr. Griffin to get the streets swept in the park. Mayor Ison asked Mr. Smith who should incur the costs to fix the drainage. Mr. Smith thought the Commission should sue the developer of the property and the Commissioners who approved the subdivision plans. Mayor Ison informed those citizens to call the Public Service Commission about the Minton Sewer Plant. Mr. Minton will come before the CEB in October. There were several other citizens present to voice complaints, who live within PKP. Mayor Ison instructed Mr. Smith to write up a punch list, follow through with his suggestions, and this item would be put on the next regular Commission meeting agenda, for a progress report. Mr. Bruce Beatty, 311 Hormigas, suggested the citizens form a homeowners association, then each member could donate $10.00 to $20.00 to hire an attorney. Mr. Beatty stated their homeowners association for Prima Vista is very effective dealing with eye sores in the community and small problems. PRIMA VISTA UTILITY COMPANY Mayor Ison reviewed the offer from Prima Vista with the Commissioners and asked for their decisions on whether to pursue with the technical reports or to forget purchasing the plant. Mayor Ison asked for the conditions the Commission would agree to in order to purchase Prima Vista, for instance the finance plan, then PEC would complete another technical ~ . CITY COMMISSION MEETING SEPTEMBER 3, 1985 PAGE 5 . study. The City would do a walk through with DER, prior to the final purchase of Prima Vista. Mr. Bruce Beatty stated he did not see how the City could afford to purchase the plant, and found Mayor Ison's figures to be close to his figures. Comm. Cox felt we should continue to get the information from PEC, getting the facts, and get a firm offer together. Comm. Cox did not like the number of hook ups Prima Vista is asking for. Comm. Cox proposed 2.8 million purchase price and 1800 hook ups. Comm. Hager felt we should pursue in purchasing Prima Vista, and agreed with Comm. Cox's offer. Comm. Hager had no thoughts on the purchase price. Comm. Bateman agreed with Comm. Hager, that it is not a matter of the purchase price, it is the down payment that concerns him. Comm. Bateman agreed with the 1800 connections. Comm. Bateman proposed that the City keep 15% of the connection fees and pay Prima Vista 85%, instead of 10% and 90% to Prima Vista. Comm. Rodgers had a problem with their entire proposal. Comm. Rodgers proposed that Prima Vista receive no reservations on connections, they can purchase from the City, and the City could pay one total purchase price. Mayor Ison is going to present both offers to Prima Vista and report back to the Commission. PROPOSED LAW ENFORCEMENT AND FIRE PROTECTION IMPACT FEE ORDINANCE Mr. Kruppenbacher asked that there be a workshop scheduled from 7:00 p.m. to 7:30 p.m. on 9-17-85. RENEWAL OF CONTRACTS, CITY ENGINEER AND CITY ATTY.- COMM. RODGERS Comm. Rodgers stated one year ago the commission chose a City Engineer and a City Attorney who they felt would best serve the City. Comm. Rodgers asked that this issue be put on the agenda to make sure all parties concerned were satisfied with the way things stood at this time. Mr. Kruppenbacher stated he had a sudden death contract, meaning if the City was not satisfied with his work, he could be immediately replaced, and he had no problem with his work. Mr. Kelley stated he has no problems, he has had total cooperation from the City staff, and he was satisfied. Mr. Kelley stated they also had a sudden death contract with the City although if a problem arose they would finish the projects they were currently working on, but would engage in any new projects or work. ~ REPORTS AND INFORMATION UPDATE ON RESERVE PLANNING AREA; MEETING WITH COUNTY STAFF Mr. Griffin explained that the broken line represents the 5 . . . CITY COMMISSION MEETING SEPTEMBER 3, 1985 PAGE 6 land we need to plan for but the County and Winter Garden object. The solid line is the boundary which Winter Garden and the County agree upon. The consensus of the Commission was to be agressive and go for the broken line boundary. Mr. Griffin stated that September 14, 1985 was the grand opening for Geneva Park. Mr. Griffin also thanked the City Attorney for his work with Orange county School Board to get Ocoee Junior High School approved for an emergency shelter. CITY ATTORNEY Mr. Kruppenbacher recommended we contact the City liability insurance carrier and be sure the signs at Starke Lake are the maximum compatibility. In reference to the Lassiter case, Judge Baker would be prone to award the Lassiter estate a sum of money. There will be a full day trial sometime in October. Mr. Kruppenbacher will need to talk to Comm. Hager in reference to the statements Mr. Lassiter made to the Commission. Mr. Kruppenbacher reported that we started with $37,000.00 and now are talking about $20,300.00. COMMENTS FROM CITIZENS - PUBLIC There were no comments made. COMMENTS FROM THE COMMISSIONERS Comm. Rodgers moved to have all the meetings at the Community Center from now on, Comm. Hager seconded, and the vote carried unanimously. The Commission also agreed to let Mr. Griffin use the City Chambers for office space. Comm. Bateman commended Mr. Griffin and Chief Strosnider on the job done in reference to the emergency plan. Comm. Hager and Comm. Cox, due to the late hour, did not have any comments. The meeting adjourned at 1:10 a.m.. {~-- ATTEST: fJ '~ ~YOH \.. ~ O--LL DEPUTY CLERK L U DIS ISON ~ THOMAS R. ISON TELEPHONE 656-2322 KENTON G. GRIFFIN MAYOR' COMMISSIONER CITY MANAGER e CITY OF OCOEE COMMISSIONERS 150 S. LAKESHORE DRIVE OCOEE, FLORIDA 32761 TERRY L. COX RALPH RODGERS JOHN BATEMAN VARD J. HAGER ORANGE COUNTY STAFF AND CITY ENGINEER'S REPORT DATE: August 30, 1985 SUBJECT: Mosely Estates; Final Plans Recommended approval subject to the following: 1. That the developer set up an MSTU for the perpetual maintenance of retention ponds and a Homeowners Association for the perpetual maintenance of the perimeter subdivision wall and landscaping. 2. That the developer provide plans showing the required right turn lane at the intersection of Wurst and Adair Street. 3. That all utilities be provided underground. e 4. That all sewer services be extended to the street right-of-way line, and not as shown on sheet #13 of the plans. 5. That an impervious clay core shall be provided for the fill section of the pond embankment and a copy of the Jammal & Associates report dated 6-4-85 be provided detailing this core. 6. That the top 6" of the 12" subbase be stabilized to a minimum 50 p.s.i. F.B.V. . 7. That a new and approved version of the Chapter 17-25 permit application be submitted prior to final plat approval. 8. That a copy of the SJRWMD permit be submitted. 9. That the developer provide new engineering drawings for any changes made to the plans as per the Board, for example: a. Changes to the cul-de-sac which exceeds 800 feet in length; b. Changes which specify the dedication of improved parkland within the subdivision versus the developer's offer of a vacant lot at Adair and Wurst Road; c. Changes to the devloper's plans to provide two live oak trees per lot under a deed restriction versus conserving existing trees in some planned manner. e 10. That all street names be reviewed and approved for conformance to the 911 Emergency System Rules. NOTE: The developer may wish to discuss some of these conditions with the Board to clarify items specified in the Preliminary Plan approval. "CENTER OF GOOD LIVING - THE PRIDE OF WEST ORANGE" THOMAS R. ISON TELEPHONE 656-2322 KENTON G. GRIFFIN MAYOR' COMMISSIONER CITY MANAGER COMMISSIONERS CITY OF OCOEE 1 50 S. LAKESHORE DRIVE OCOEE, FLORIDA 32761 - TERRY L. COX RALPH RODGERS JOH N SA TEMAN VARD J. HAGER ORANGE COUNTY STAFF AND CITY ENGINEER'S REPORT DATE: August 30, 1985 SUBJECT: Orange Tree Cinema Preliminary Subdivision & Site Plan Recommended approval subject to the following: *1. A fire hydrant shall be provided within 350' of the farthest point of all structures. Location to be approved by the City Fire Department. 2. A utility easement (minimum 10' most lot for future water service. to provide adequate fire protection for future connection. wide) shall be provided to the western- The on site water line shall be sized for said lot and shall be accessible *3. The water main shall be "looped" internally and connected to the exist- ing 10 inch water main on the east side of Maguire Road, or the developer may want to coordinate the extension of the water main with adjacent property owners. The final alignment shall meet the approval of the City Engineer. e 4. Approval of site for septic tank use by Orange County Health Department must be obtained and submitted to the City prior to approval of construction plans. 5. The septic tank and drainfield for the easternmost lot is to be sized to accomodate proposed addition. They must meet setback criteria established by the Health Department. 6. Provide retention or detention with filtration of one half (1/2) inch of runoff from the developed site, or the runoff generated from the first one (1) inch of rainfall on the developed site. 7. The rate of runoff discharged from the developed site shall not exceed the runoff rate from the site prior to development of the site, based on a 25 year frequency storm. 8. If a master stormwater management system provides for the conveyance of stormwater runoff across lot boundaries, or the retention or detention of stormwater runoff from one lot on to another, then adequate drainage easements must be established to permit the perpetual use of such land to said uses. The stormwater management facilities shall be designed to accommodate the projected development of the entire project site. e 9. Perpetual easements for ingress and egress are to be provided to the interior lots. The proposed pavement throughway to the westernmost lot shall be provided to its easternmost property line. The design of the ingress and egress route shall be sufficient to handle projected traffic. "CENTER OF GOOD LIVING - THE PRIDE OF WEST ORANGE" STAFF AND ENGINEER'S REPORT ORANGE TREE CINEMA AUGUST 30, 1985 PAGE 2 e *10. Maguire Road is classified by the City as an arterial. A 10 foot strip of land shall be dedicated to the City of Ocoee to provide a 50 foot right-of-way from the centerline of Maguire Road to the subject property for future road expansion. 11. The location, width, purpose and maintenance responsibilities for all proposed easements and facilities shall be shown on the final plat. 12. The circulation pattern is to be redesigned to prevent a wrong- directional flow of traffic. Additionally, the layout should provide sight distances and clearances which satisfy the City Engineer. 13. The owner shall be responsible for the perpetual maintenance of storm- water management areas and provide a means to ensure same. *14. In lieu of the dedication of park land, the owner shall provide a cash fee to the City of Ocoee for the required recreation assessment. 15. A site soils report to be provided by a Geotechnical Engineer which satisfies the requirements of the City Engineer. tit Denotes items the developer wishes to discuss with the Board of Commissioners. e RW/tal