Loading...
HomeMy WebLinkAbout02-18-86 MINUTES OF THE CITY COMMISSION MEETING HELD FEBRUARY 18~ 1986 - PRESENT: Mayor lson~ Commissioners Cox; Rodgers; Bateman; and Hager; City Attorney Kruppenbacher, City Manager Gri~~in, City Clerk Catron, Building O~~icial Gerace, City Planner Russ Wagner, Water Superintendent John Cockrell, and Deputy Clerk Louloudis. ABSENT: City Engineer Kelley. CALL TO ORDER Mayor lson called the regularly scheduled meeting to order at 7:30 p.m.. Mayor leon then led those present in prayer and to the Pledge o~ Allegiance. PRESENTATIONS AND PROCLAMATIONS The Planning and Zoning minutes o~ 1-14-86~ and the En~orcement Board minutes 0% 12-9-85 were given to the Commissioners %or in%ormation only. Code City Mayor leon announced that Ocoee~s Central Florida Fair proJect was well underway and urged Ocoee citizens to go to the Fair and see the exhibit on February 27, 1986. CONSENT AGENDA e Comma Rodgers moved to approve the Consent Agenda, Comm. Cox seconded, and the vote carried unanimously. The %ollowing items were approved: A. Regular Commission meeting minutes 0% February 4, 1986. B. Workshop Commission meeting minutes 0% February 4~ 1986. C. Special Session minutes 0% February 5, 1986. D. Proposed Joint Workshop on February 25, 1986, at 7:30 p.m. with the Commission and the Planning and Zoning brie%ing, State G.M.P. - Ci~y Attorney. E. Proposed Workshop on March 6, 1986 at 7:30 p.m. to discuss the Adult Entertainment Ordinance. F. Proposed Ordinance amending Ordinance 710, %irst reading. G. Proposed Ordinance to annex the Mohammad/Ragnitt property, %irst reading. H. Proposed Ordinance to rezone the First Baptist Church o~ Ocoee property, %irst reading. City Manager Grif%in read the proposed Ordinance amending Ordinance 710 by title only, and stated this Ordinance would increase the required parking spaces from 1.5 to 2.25 per multiple dwelling. City Manager Gri%%in read the proposed Ordinance Mohammad/Ragnitt property by title only, and second reading will be held on April 1, 1986. pointed out the property on the map. to annex the stated the Mr. Wagner . City Manager Gri%fin read the proposed Ordinance to rezone the First Baptist Church 0% Ocoee to R-2, by title only. The 1 . CITY COMMISSION MEETING FEBRUARY 18, 1986 PAGE 2 second reading will be held on March 18, 1986. OLD BUSINESS CITY ENGINEER Mr. Kelley, City Engineer, called Mr. Grixxin bexore the meeting and stated he did not have anything to report on therexore he would not attend the meeting. PUBLIC HEARINGS/SECOND READINGS ORDINANCE 867, 30HN'S REZONING Mr. Grixxin read Ordinance 867 by title only. Mr. Grixxin stated this Ordinance is proposing to change the zoning ~rom A-1 to R-1A. Pastor Burgess, Glad Tidings Assembly to God, stated they wanted to purchase the property to build a church and ix this Ordinance is approved they will go xor the special exception needed to build the church. There were no other comments xrom the public. Comm. Rodgers moved to approve Ordinance 867, Comm. Cox seconded, and the vote carried unanimously. - OTHER BUSINESS CREMATORIUM REPORT AND DISCUSSION Mr. Grixxin inxormed the Commission that the crematorium being built is an update to the present crematorium they have which was built in 1978. Mr. Gri%%in stated DER has checked it and there is no pollution to the air. This also complies with the zoning. The owner 0% Quality Vaults has invited anyone to come in and view the device. Mr. Pat McGill, attorney %or Mr. Boettcher, owner ox Quality Vaults, Inc., stated they are building the second unit to serve only as a backup unit to the %irst which was built in 1978. The second unit was permitted and was supposed to have been built in 1978 also, but because 0% a lack ox funds it was not built at that time. e Mrs. Mary Humphrey, Columbus Ave., stated the crematorium emits black smoke and complained that the citizens were not given a chance to protest the original crematorium in 1978. Mr. Boettcher stated he did advertise in the newspaper Just as he did this time. Mr. Bruce Beatty, 311 Hormigas St., inxormed the Board that our zoning Ordinance addresses crematoriums under A-1 and A-2 zoning as a special exception, therexore it should not be a permitted use under C-3 zoning. Therexore, a crematorium in a C-3 zoning is a non-conforming 2 e CITY COMMISSION MEETING FEBRUARY 18, 1986 PAGE 3 use, according to the Zoning Ordinance. A non-conforming use can exist as long as there are no structural alterations or enlargements. According to the definition of "structural change", staff reports that there are no structural changes, with the second crematorium. The second smoke stack is not considered a structural change. Mr. Beatty stated the City has 30 days from Jan. 23, 1986 to send a written obJection to DER, therefore the Commission must decide what their decision is at tonight~s meeting. During this discussion the City Attorney asked for a recess, which was called at 7:55 p.m. and the meeting reconvened at 8:10 p.m.. Mr. Ray Packey, 623 Columbus St., stated he lives about the closest to Quality Vaults, and did not have a problem with it. He stated he did not see any smoke coming from the crematorium. Mr. Sam Gerace, Building Official, inspected the crematorium and did not see any smoke either. Mr. Kruppenbacher stated there was not anything presented to him which would be a valid obJection to DER based upon the staff~s report of the structural change. With this, the Commission decided to take no action therefore allowing the backup crematorium to remain as built. COMMENTS FROM THE CITIZENS/PUBLIC e Mr. Alton Julian, De Rae Builders, asked why he could not start construction before his final plat was approved. Mayor Ison stated it has been the practice of the City not to issue any building permits before the final plat is approved. Comm. Rodgers stated the Commission had singled out Harbour Highlands II when the new subdivision regulations were adopted, therefore he asked if the old subdivision regulations addressed this issue specifically. Mr. Gerace confirmed that the old subdivision regulations did not address this issue specifically but it was his understanding that this practice has been followed. The Commission agreed they could not bend the rules for one developer as it could set a bad precedent in the future if they make an exception now. REPORTS AND INFORMATION - CITY MANAGER FIRST-QUARTER BUDGET REVIEW Mr. Griffin made the following report to the Commission: . The City has realized 29.3% of the proposed revenues in the General Fund; 28.5% of the proposed revenues in the Water Fund; 23.8% of the proposed revenues in the Sanitation Fund; and 61.9% of the proposed revenues in the Sewer Fund. The City has expended 20.8% of the proposed expenditures in the General Fund; 22.5% of the proposed expenditures in the Water 3 . CITY COMMISSION MEETING FEBRUARY 18, 1986 PAGE 4 Fund: 23.8% ox the proposed expenditures in the Sanitation Fund; and 8.7% ox the proposed expenditures in the Sewer Fund. Mr. Ivan Poston, Finance Director, stated the City is running about 3 to 4% ahead in the collection ox the revenues. The Commissioners requested a breakdown ox the expenditures and revenues. They will receive a copy. Mayor Ison announced that xive candidates qualixied for Seat #1 ox the Commission. The election will be held on March 18, 1986. Mr. Grixxin stated the W.O. Kiwanis Club citizens who sat in xront ox Piggly Wiggly, they registered 56 people to vote. had volunteer on Saturday and Mr. Grixxin then addressed the xollow-up agenda. Mr. Beech is still working on the Recreational Fee Ordinance. Mr. Grixxin submitted a memorandum on the name change xor the road known as "Old Winter Garden Road Extension" and ahould be in their mail boxes today. - Staxx is still working with "Sun rexerence a deceleration lane in recreational xee assessment. Central Development" consideration ox the The Commission addressed the crematorium and Quality Vaults at tonight's meeting. Staxx has submitted a propoaal to Mr. Lang in rexerence to taxi cabs in the City. Staxx doea not xeel our insurance requirements xor taxi cabs are out ox line in comparison to other cities. A report on the possibility ox recovering administration cost ox processing zoning and subdivision applications by passing them on to the developer should be in the next meeting's packet xor the Commisaion to review. A workshop was scheduled xor March 6, 1986, diacuss Section 15-6 ox the City Code. at 7:30 p.m. to The City is on schedule with the election xor March 18, xor Seat #1 ox the Commiasion. 1986 The City has received the letter xrom Jim Reed, President, and copiea were supplied to Mr. Jim Lang, and the Commission. Orange Bank Reed, Mr. e Mr. Lang research is the using the letter we 'worst case' scenario received from FDIC ix the Bank dexaulted to or 4 e CITY COMMISSION MEETING FEBRUARY 18. 1986 PAGE 5 went bankrupt. Staff will agenda the C.D.'s as they mature so the City can designate the depository for the funds. CITY ATTORNEY Mr. Kruppenbacher stated he had a lengthy detailed discussion on the Comprehensive Land Use Plan, to be presented at the Joint workshop scheduled for 2-25-86. Mr. Kruppenbacher stated another attorney in his firm is working for Renaissance, Inc. who is working with the City to develop some property on Lake Blanchard. Mr. Kruppenbacher stated if there is a conflict another attorney will represent Renaissance. Mr. Kruppenbacher will give an answer to the Commission on the franchise sewer agreement on 2-25-86. Mr. Kruppenbacher asked for a Special Session following the workshop scheduled on 2-25-86. The Commission agreed. COMMENTS FROM COMMISSIONERS e Commissioners Hager. Rodgers. and Bateman did not have any comments. Comm. Cox announced that Brian Clinger is in the law enforcement showcase. which is an honor. Comma Cox asked about the census figures that Orange County uses reference the monies we receive from Local Option Gas Tax. Mr. Griffin reported that the County uses the revised figure for 1980, which is updated every ten years. The County argues that everyone grows at basically the same rate. Comm. Cox requested that the proposed Ordinance for "monthly Flat Rate Construction Water" be placed on the agenda of March 4, 1986. Mayor lson asked staff to check into placing a traffic light at Franklin and Ocoee-Apopka Road, find out how much it costs and if we can do it. Mr. Griffin stated we have applied to DOT and they have not denied us yet. The traffic light would cost approximately S16,500.00 to S17,000.00. Mayor lson asked staff to check into getting street lights on Highway 50 from Scotty's to the Colony Plaza, Mr. Griffin will write to Florida Power. Comm. Rodgers asked them to consider putting street lights on Maguire Road from Highway 50 to the Professional Center planned. Mayor lson stated Brentwood is enJoying their sidewalks. Mr. Griffin stated Malcolm is scheduled to be done also. . Mayor Ison stated the West Orange Mature Citizens were 5 . CITY COMMISSION MEETING FEBRUARY 18. 1986 PAGE 6 concerned about their using the Community Center on the first and third Thursdays 0% each month. The Commissioners have no problem with this. The Commission passed Resolution 84-12 on December 18, 1984 which allows them use 0% the %acility at those times. The meeting was adJourned at 9:~:_~~__~______ MAYOR ISON ATTEST: DEPUTY CLERK LOULOUDIS e e 6