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HomeMy WebLinkAbout11-19-85 . MINUTES OF THE REGULARLY SCHEDULED CITY COMMISSION MEETING HELD NOVEMBER 19, 1985 PRESENT. Mayor Ison, Commissioners Hager, Cox, Bateman, and Rodgers, City Manager Griffin, City Attorney Kruppenbacher, City Engineer Kelley, City Clerk Catron, City Planner Wagner, Water Superintendent Cockrell, and Deputy Clerk Louloudis. ABSENT. None. CALL TO ORDER Mayor Ison called the regularly scheduled meeting to order at 7:37 p.m.. Mayor Ison led those present in prayer and to the Pledge of Allegiance to the Flag. PRESENTATIONS AND PROCLAMATIONS The Planning and Zoning Meeting Minutes of 10-8-85, Special Joint Workshop with the Merit System Board Board of City Commissioner's minutes of 9-23-85 are Commission's information only. and the and the for the . Mrs. Pease, a teacher at Ocoee Junior High, and three of her students asked to make a presentation to the Commission. The students had been split into groups of three and were asked to propose a business for Ocoee. All of the groups were Judged by a panel of three Judges. Mrs. Pease introduced the students from the presentation which made the most points; Jeff Householder, Ivan Hayes, and Greg Mullins. Their idea was to open a scuba diving shop and school combination. Jeff Householder, the President, introduced the idea, and stated Greg Mullins would be the Vice President and Ivan Hayes would be the Treasurer. They presented the proposed Expenditures versus the proposed Revenues, and the expected profit for the first fiscal year. Everyone present gave them a round of applause for their efforts. . Mr. Mark Robitaille, West Orange Memorial Hospital; presented an informative film on the services presently offered through the hospital, the nursing home and the ambulance service. Mr. Robitaille stated the hospital is primarily supported by the citizens of West Orange County, and the hospital is unique, such that they offer long term care, through the nursing home, inpatient care, outpatient care, and paramedic ambulance services. The hospital and the other services are owned and operated by the citizens of West Orange County. West Orange Memorial has an average of the lowest charges in Orange County, and has also received the highest accredidation. West Orange Memorial has requested approval for a 2.5 million dollar proJect, they hope to begin next year, to build an obstetrical unit, and to build on to the present nursing home. West Orange is also planning to build an urgent Health care center, at the intersection of Maguire Road and SR 50, which will be open twelve hours per 1 . CITY COMMISSION MEETING NOVEMBER 19, 198~ ~E2 day, seven days a week, and will be staffed full time with five physicians. Some of West Orange Memorial Hospital's future goals are to continue to be responsive to the community, to continue to be diversified, to continue to offer total quality health care, and continue to be cost effective. Mr. Ralph Bove, Sr. Environmentalist, and Alex Hull, P.E.C., presented a drawing showing the proposed extension of the East/West Expressway. Mr. Paul Stays, Sr., Highway Design Engineer, was also present. On November 25, 1985, at the West Campus of Valencia Community College at 7:00 p.m., a public meeting will be held to introduce the proposed extension to the public, state the time frame involved, and discuss what they are planning and how they are planning the extension. Mr. Hull stated there will be a three phase analysis, a corridor analysis, corridor alignment, and then they will make a recommendation. Mayor Ison read Proclamation 85-11, proclaiming the week of November 24th through the 30th, Family week. . APPROVALS - CONSENT AGENDA . Comm. Rodgers requested that item 'C' be removed from the Consent Agenda. Comm. Bateman moved to approve the following items on the Consent Agenda; Regular Commission Minutes of 11-5-85; Grant November 29, 1985, Employee Holiday; Proposed Ordinance - Arbor Protection, First Reading; Proposed Ordinance - Landscaping, First Reading; Proposed Ordinance - Annexation of Renaissance Investment Properties, First Reading; Proposed Ordinance - Re-zoning of Stucki/Colburn properties; Proposed Ordinance - Amending Junk Vehicle Ordinance - First Reading. Comm. Cox seconded, and the vote carried unanimously, regarding item 'C'. Comm. Rodgers thought that item 15 of the Site Plan Check List should be reworded to include the Arbor and Landscape Ordinances. Mr. Kruppenbacher revised number 15, to add, ", including compliance with the Arbor and Landscape Ordinances". Comm. Rodgers moved to approve the Site Plan Check List, including the Attorney's revision to item 15, Comm. Hager seconded, and the vote carried unanimously. Mayor Ison read Resolution 85- 13 aloud. Mr. Griffin read the proposed Arbor protection Ordinance by title only, and stated the second reading will be held on 12-17-85. Mr. Griffin read the proposed Landscaping Ordinance by title only, and stated the second reading will be on 12-17-85. Mr. Griffin read the proposed annexation of Renaissance Investment Properties Ordinance by title only. The second reading will be on January 7, 1986. Mr. Griffin read the proposed re-zoning of Stucki/Colburn properties Ordinance by title only. The second reading will 2 . CITY COMMISSION MEETING NOVEMBER 19, 1985 PAGE 3 be 12-17-85. Mr. Griffin read the proposed Amending of Junk Vehicle Ordinance by title only. The second reading will be held on 12-17-85. OLD BUSINESS Mr. Tim Wilson, who is representing the owner of the PUD property, Mr. Frank Sylvestri, made a presentation to the Commission on the plans for the property. They are planning commercial property, and then moving north reducing in density resulting in single family dwellings. The Commission expressed concern with traffic access and congestion, water and sewer availability, the so called 'attached homes'. They are planning on a five to eight year proJect to be completed in three phases. In approximately two months this proJect will go before the Planning and Zoning Board for their input to the Commission. Mayor Ison asked Mr. Wilson if they would conceptually consider donating some of the property to the school board. After the analysis and plans are complete, they will have to proJect what improvements will have to be made to A. D. Mims Road. . Mr. Kelley reported that Lake Peach is almost down to its controlled elevation, the pipe between Peach and Moxie is being installed now. At the next meeting, P.E.C. will report on the Spring Lake Circle drainage problem. They are trying to determine the actual flow through the Industrial Park sewer plant. They are working with Mr. Griffin to find a future water plant site for the south system that might entail a centralized water plant site in the vicinity of Story Road and Kissimmee. The preliminary work is done on the water improvements to be made for the north and south sides. Mr. John Cockrell, Water Superintendent, brought a piece of galvanized black pipe which was taken out when the water improvements were done to show to the Commission. Mr. Cockrell pointed out the particules that were breaking loose, when the new pipe was installed, resulting in some of the citizen complaints. PUBLIC HEARINGS - SECOND READINGS ORDINANCE 856 - PERSONNEL POLICIES . Mr. Griffin read the Ordinance by title only. There were no comments from the citizens or Commission. Comm. Cox moved to approve Ordinance 856, Comma Bateman seconded, and the vote carried unanimously. ORDINANCE 857 - REZONING BOLIN PROPERTY Mr. Griffin read the Ordinance by title only. There were. no 3 . CITY COMMISSION MEETING NOVEMBER 19, 198~ ~E4 comments from the citizens or moved to approve Ordinance 857, vote carried unanimously. Commission. Comm. Comm. Cox seconded, Bateman and the OTHER BUSINESS OCOEE HISTORICAL COMMISSION - BETTY ERVINE, PRESIDENT . Ms. Betty Ervine, President of the Ocoee Historical Commission, requested the Commission match the $2,000.00 funds they raised. Mr. Griffin stated he received a bid of $2,500.00 to Jack and level the house. Comm. Rodgers moved to approve the $2,000.00 matching funds, for the Historical Commission, Comm. Hager seconded, and the vote carried with Comm. Rodgers and Comm. Hager voting yeh, and Comm. Bateman and Cox voting ney. The Mayor casts a tie vote, and he voted for the approval of the funds. Comm. Bateman stated he understood that the matching of funds would be done in the third or forth quarter. Mayor Ison felt that the Jack and leveling was the first step. Mr. Burton Smith is looking into the IRS 501 status, such that donations will be tax deductible. Secondly, Ms. Ervine asked the Commission for the entire $25,000.00 which was budgeted for the Maguire House, and was cut from the Budget during the Hearings. Mayor Ison asked Mr. Kruppenbacher to look into getting that IRS status for the Ocoee Historical Commission. Mr. Kruppenbacher will look into it, and donate the time to the Historical Commission. DON TYNDAL - REPORT FROM BOARD OF ADJUSTMENT . The Board of AdJustment recommended granting all four variances for Mr. Tyndal, because of the City's delay. Comm. Bateman felt it was a bad situation and, a bad site for business and it would cause traffic hazards. For the record, Mr. Griffin suggested the City Commission consider each variance request separately. These variances do not give Mr. Tyndal permission to park his cars in City right-of-way. Mr. Tyndal was instructed to have a survey done, and he presented two maps, of which neither are a survey of the property. Comm. Cox agreed with Comm. Bateman; based on the verbage of the Commission. Comm. Cox moved to deny the variances, Comm. Bateman seconded. Mr. Kruppenbacher recommended the maker of the motion, and the second, to consider the specification of those grounds in the motion, before a vote is called for. Mr. Kruppenbacher added that the Commission determines that the elements listed necessary to grant a variance as outlined in Chapter 2, Section 4, of the Ocoee Code, do not exist, therefore the grounds of denial. There are no special conditions, no special circumstances existing peculiar to the land, or the structure 4 . CITY COMMISSION MEETING NOVEMBER 19, 198~ PAGE S of the building. If the special conditions or circumstances do exist they are result of the actions of the applicant, and if the Commission would grant the variance they would be granting the applicant special priviledge, which is not permitted. Comma Cox and Comma Bateman agreed to add those reasons to the motion. Comma Rodgers asked what the zoning of the property is. The zoning is 1-1. The property and building could be used for another type of business. The vote carried with Comma Cox, Rodgers, and Bateman voting yeh, and Comma Hager voting ney. Mayor Ison called for a short break at 10:10 p.m.. The meeting was reconvened at 10:25 p.m.. . Comm. Cox moved to put the Don Tyndal item back on the floor, Comma Bateman seconded, and the vote carried unanimously. Comma Cox then moved to rescind his motion denying the variances, Comma Bateman seconded, and the vote carried unanimously. Comm. Cox then moved to grant Mr. Don Tyndal the four variances requested, based upon the fact that there is evidence showing there was not a break of more than thirty days with the use of this property as a car lot, Comm. Rodgers seconded, and the vote carried unanimously. NEW BUSINESS CONSIDERATION OF MR. ALEXANDER FREYMAN'S REZONING REQUEST . Mr. Freyman asked this item be tabled until 12-3-85. Mr. Griffin asked the Commission for direction concerning this matter, whether they wanted him to have an Ordinance drafted by 12-3-85 for first reading, or whether they wanted to talk directly to Mr. Freyman. We do not have to go through the Ordinance and advertising procedure if the Commission is going to deny the request. This request does not comply with our Comprehensive Land Use Plan, the law states that we can only amend the CLUP twice a year. Mr. Kruppenbacher recommended the Commission wait until the time that we will look at all of the changes to the CLUP and handle all of them at once. Mr. Kruppenbacher then recommended the Commission table the request as everyone who pays the fee fot~ a re-zoning request has the right to be heard by a public hearing. Comma Bateman moved to table the request, Comm. Cox seconded, and the vote carried unanimously. Comma Rodgers asked if the applicant has a right to a public hearing in any certain time frame from the time of application. Mr. Kruppenbacher will research this and answer the question at the next meeting. 5 . CITY COMMISSION MEETING NOVEMBER 19, 1985 PAGE 6 MARIE KYLE, OCOEE BMX PARENTS CLUB Mrs. Kyle, Ocoee BMX Parent's Club, wanted to give the Commission a little information on the BMX. BMX supporters would like to make the racing an Olympic event. Currently, there are BMX races every Friday night at Vignetti Park. Mrs. Kyle stated the BMX racers would ride in the Christmas Parade, and in February Ocoee will host one of the triple crowns. BMX is instilling family life, responsibility, self worth, and pride in the children. Mrs. Kyle asked permission to start an Ocoee BMX team for Ocoee's track. Comm. Rodgers thanked Mrs. Kyle for the good news, and stated he appreciated her work and help she has given with those children. Mrs. Kyle stated the kids deserve the chance to have fun. REPORTS AND INFORMATION - CITY MANAGER OPEN BIDS - CASE TRACTOR . Mayor Ison opened three sealed envelopes, bidding on the 1975 Case Tractor riding lawnmower. The first bid was for $151.00, the second bid was for $85.00, and the third bid was for $201.50. Comma Bateman moved to approve to sell the Case Tractor to the bidder of $201.50, Comma Hager seconded, and the vote carried unanimously. Mr. Griffin stated we are trying to upgrade the awareness and usage of the South Park, and the suggestion of naming South Park 'Tiger Minor Park' or some combination thereof. Comm. Rodgers moved to approve 'Tiger Minor' as the name for South Park, with approval from Mrs. Minor, Comma Hager seconded, and the vote carried unanimously. FOLLOW UP AGENDA Mr. Cockrell presented samples of the water pipe at this meeting. The re-write of the proposed Arbor and Landscape ordinance has been done. The report on McIntosh Property is being processed before the Planning and Zoning Board. Action has been taken on Mr. Tyndal's car lot. Mr. Kruppenbacher will address the Police and Fire Reserves liability and policy report. Mr. Kruppenbacher is working on the agreement for Mark Strauder's water line policy exception. CITY ATTORNEY . Mr. Kruppenbacher asked authorization from the Commission for Mr. Beatty to contact the City Manager who would let him know if they would like legal assistance at any of the Board of AdJustment meetings. 6 . CITY COMMISSION MEETING NOVEMBER 19, 198~ PAGE 7 The issue of liability arising from Fire Reservists has not seen an increase in insurance rates, nor one that has a tendency to create lawsuits. The theory for this is that, Firemen are on scene to help people whereas, Police are at a scene arresting and seizing persons. Police liability and lawsuits are increasing dramatically. Mr. Kruppenbacher recommended the Commission give authorization to Chief Brandt to dispose of the Police Reservists, and since the Fire Reservists playa key role in the Fire Department we should continue this unit. Comm. Cox moved to allow the Fire Department to keep his reservists and dissolve the Police Reservists, Comm. Rodgers seconded, and the vote carried unanimously. . In reference to Roberts Rise Subdivision, they are wanting to lay water lines under Seaboard System Railroad, the Railroad wants this agreement executed before the lines go in. This agreement is putting liability on the City, and Mr. Kruppenbacher recommends the Commission not execute the agreement until a better agreement is written. Staff wants the agreement executed, and if the Commission agrees, Mr. Kruppenbacher requests the Commission to require a two year maintenance bond, combined with some direction to negotiate a better agreement. Comm. Cox moved to approve the agreement to be executed subJect to the City Attorney's requests, Comm. Hager seconded, and the vote carried unanimously. COMMENTS FROM CITIZENS/PUBLIC . Mr. Bruce Beatty, Chairman of Board of AdJustment, stated they currently have five full members and one alternate member. Mr. Beatty stated, according to the Code that vacancy should be filled within thirty days. Mr. Griffin stated Mr. Vern Combs was appointed as a full member, and the City Commission is waiting for a recommendation from the Board of AdJustment for nomination to the alternate position. Mr. Beatty asked for legal guidance at their meetings, which Mr. Kruppenbacher also requested previously. Mr. Beatty then asked if public buildings were subJect to the Code of Ordinances, or the Building Code. Mr. Kruppenbacher stated there is some law which exempts public buildings. Mr. Beatty questioned this because the Maguire House is zoned PS, Professional Service, which it will never be. Mr. Kruppenbacher stated he would have to look into the matter. Mr. Beatty then suggested that the monies for the Case tractor be donated to the BMX Parents Club. Comm. Cox moved to donate $201.50 to BMX Parents Club, Comm. Rodgers seconded, and the vote carried unanimously. 7 . . . CITY COMMISSION MEETING NOVEMBER 19, 1983 PAGE 8 COMMENTS FROM COMMISSIONERS Comm. Hager had no comments. Mayor Ison announced that the West Orange Mature Citizens were having their Christman luncheon at Ramada Inn Images on December 6, 1985, at 12:00 noon. Mayor Ison informed the Board that Winter Garden and Pine Hills were not having a Christmas Parade this year because of the costs involved. Mayor Ison then asked about setting aside some funds for the Ocoee Lions Club and the Christmas Parade on December 14, 1985. Comm. Rodgers moved to set aside $1,000.00 from the donations account, for the Ocoee Lions Club to present the bills to the City for payment up to $1,000.00, Comm. Cox seconded, and the vote carried unanimously. Mayor Ison also informed the Commission that they were invited to participate in the Ocoee Christmas Parade, which will start at 10:00 a.m. Comm. Comm. Rodgers moved to adJourn the meeting at 11:35 p.m.. Bateman seconded, and the_::~:_~:~~___ MAYOR ISDN ATTEST: 8