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HomeMy WebLinkAbout04-01-86 KIRUTES OF THE CITY CORRISSIOR REETIRG HaLO APRIL 1, 1986 . PRIS.RT: Mayor Iaon, Co..iaaioners Rodgers; Bate.an; and Hager; City Attorney Kruppenbacher, City Manager Griffin, City Clerk Catron, Building Official Gerace, City Planner Wagner, and Deputy Clerk Louloudia. A89RT: None. CALL TO OROIR Mayor leon called the r.gular ....ion to order at 7:30 p..., and led in prayer and Pledge of Allegiance to the Flag. PRasaRTATIOIS ARO PROCLAKATIOIS Mayor I.on re.inded the Co..iaaion that there would be a Canva.sing Board .eeting on 4-3-86 at 12:00 noon to count the ab..ntee ballota and aw.ar in the winner. City Clerk Catron read the election result.. They were aa followa: Gary Carroll Sr. Ruaty 30hnaon Vern Co.ba 243 301 1 (write in) Mr.. Catron atated th.re were approxi.ately eight ab.entee ballota aub.itted. e Mayor Iaon then re.inded the Co..isaion.rs of the Joint workahop with the Planning and Zoning Board on 4-8-86 at 7:30 p... in the Co..unity C.nter. The Co..iaaion will .eet at 7:00 p... in the training roo. in the Co..unity Center on 4- 8-86 to revi.w the applicationa for the City Manager~a poaition. On 4-12-86 the Co..iaaion will ..et at 9:00 a... in the Co..unity Center to interview applicanta for the poaition. Mayor Iaon then r.ad Procla.ation 86-01, National Building Safety Week. Mayor Ison introduced Mr. 3i. Beech, Recreational Director for the City of Ocoee, and atated he waa prea.nt laat week when Mr. Beech was awarded one of the top ten awarda given by the Cha.ber of Co..erce for special recognition for the work Mr. Beech does with handicapped children. APPROYAI.. - COII_T AGaDA . Mayor Ison add.d it.. 'D' to the Cona.nt Agenda; the Minute. of the Workshop held on 3-18-86. Co... Rodgers .oved to approve all the ite.. on the Con.ent Agenda, Co... Hager seconded, and the vote carried unani.ously. The ite.. which were approved are aa followa: A. Regular Co..iaaion Meeting Minutea of March 18, 1986; B. Canvaaaing Board Meeting Minutea of March 19, 1986; C. Propo.ed Ordinance Na.e Change 1 . CITY COMMISSIOI MBSTIIG APRIL 1, 1916 PAGE 2 o~ Old Winter Garden Roadp ~irat r~ading: and D. Workahop Minutea o~ March 18, 1986. Mr. Gri~~in read the propoaed Ordinance to change the na.e o~ Old Winter Garden Road by title only. OLD .USI.... Mr. Kelley waa preaent and atated he did not have any special reporta to .ake to the Co..iaaion. The Spring lake Drainage ProJect has been started. He stated there were several develop.ents on-going currently in the Cityp and they are still working on the wastewater feasibility atudy. Mr. Kelley atated they are working with the .aJor land owner to the north. Coaa. Rodgers stated there is an ongoing probleM in the w.atern aection o~ the Cityp on Lyle Street. Co... Rodgers stated there is a 1 1/4 inch water line serving thoae peoplep and with the peraisaion o~ the other Co..issionera, he requested that Mr. Kelley do a ~easibility atudy and proposal to .ove the lines and aetera ~ro. the back yard to the ~ront yards. Coaa. Rodgers also wanted Mr. Kell.y to check a s.all section on Lyle and Oakland ~or ~ire protection. e Mr. Kelley stated he would review all of the ongoing proJects within the City be~ore Mr. Gri~~in leaves. Co... Rodgers aaked how .any connection. are available at the Forest Oaks Water Plant. Mr. Kelley atat.d there are approxiaately 1200 to 1600 connections available. Mr. Griffin added that the City haa an agr....nt with RCA and A.ick Construction that they have 1150 connections upon r.questp which aeana the City haa SO to 500 connectiona leftp although the Foreat Oaks Water Plant can be expanded. Mr. Kell.y atated there is going to be a large develop..nt on the north side and he would rather ..e looping of the water lines done instead 0% another water plant built. PU.LIC HEARIIG. - SBCOID READIIGS ORDIIAIC. 869, FIRST BAPTIST CHURCH REZONING - City Manager Griffin read the Ordinance by title onlyp and re.inded the Co..iaaion o~ his ...0 dated 3-26-86 on the r.zoning procesa. Mr. Bruce Thoapaonp Pastor 0% the First Baptiat Churchp waa preaent to answer any queationa. Mra. Betty Hager asked Mr. ThoMpaon the age group of the children that would be in the daycarep the houra the daycare will be openp the Maxi.u. nuaber of children the church would be per.itt.d to havep according to HRSp and the aaount 0% tra%~ic i.pact. Mr. ThoMpaon atat.d tenatively the hours are aet ~or 6:00 a.a. to 6:00 p.a.p the age group will be 9 .ontha to 5 year a of agep and according to the regulations 2 e CITY OOIIISSION IEETING APRIL. 1, 1.- PAG. 3 e .et by HRS the church could have as .any as 216 children in.ide and 177 children outaide. HRS alao haa a rule that you can only double the nu.ber of children you can have outaide. Paator Tho.paon atated they did not think the d.ycare would grow to be th.t l.rge, but if the citizena of Ocoee .upported the d.yc.re it would. Mra. H.ger stated ahe w.. not oppoaed to the d.ycare, Juat the tr.ffic i.p.ct it would have and the noiae it would create in the n.ighborhood. Ma. Tin. H.rri.on, 235 S. Cu.berland Ave. .lso opposed the d.yc.re for the .... concerns Mra. Hager .tated. Mr. Bill Ung.ro, 521 Ly..n Street, Mr. Steve J.ckson, 411 Apricot Drive, Mr. Bruce Dior, 327 Little Iria Ct., and Br.nd. Page, 715 Lakeview Drive were in favor of a christian d.ycare in the co..unity. Co... B.te.an .tated the church was built in 1947, and a apeci.l exception was granted under R-1A. Co... B.te..n ..ked if thi. Special Exception c.rried over. Mr. Kruppenb.cher atated that it did although the church could not extend th.t Special Exception without an Ordinance. Mr. Kruppenb.cher al.o atated. .otion could li.it the uae or nu.ber of children at the dayc.re, .nd the burden would fall on Pa.tor Tho.p.on to prove the Co..isaion did not have that authority. Mr. Kruppenbacher atated they could Move to .pprove the Ordinance aubJect to a cap on the nuaber of children. The Co..i..ion could p.a. an Ordin.nce which .urpaaae. the State lawa but can not rel.x the.. Co... Rodgera Moved to .pprove Ordin.nce 869, Co... Bate.an aeconded, .nd the vote c.rrried un.ni.oualy. Co... Bate.an then .oved to li.it the uae of a dayc.re center in accordance with State law.. The .otion died for a lack of a aecond. Mr. Kruppenbacher at.ted the Co..i.aion ..y w.nt to enact an Ordin.nce to li.it the u.e .ccording to State Law. (currently) auch .a Co... B.te.anl. in caae the state change. their lawa. Co... Rodger. atated he h.d confidence in HRS and beleived they would only .ake lawa .ore atrict than the pre.ent if they changed the.. Mayor Iaon called for a ahort break at 8:33 p... and the .eeting reconvened at 8:45 p.... ORDI.'.CI 870, A...XATIO. IOHAIIAD/RAG.ITT PROPERTY e Mayor I.on announced that the notices in the newspapers were correct, although there waa ao.e queation about the de.cription of the property in the letter. that were .ailed. City M.nager Griffin re.d the Ordinance by title only. The property ia located eaat of Johio Shorea Ro.d, and north of Silver St.r Road. Mayor Iaon then opened the floor for citizena co..enta. Mr. Jeff Annis, 8505 Silver Star Rd., atated the property ownera only wanted to annex only becauae Or.nge County would not give the. the zoning they wanted, and h. ia oppoa.d to the annexation. Mayor Iaon atated the 3 e CITY ooKKI88101 KEETIIG APlIL 1. 1,.. PAGE 4 e Co..issioners were only addressing the annexation tonight, not the zoning o~ the property. Mr. Al Tindall, Mr. 30hn Pitta, Mr. 3.~~ Kennedy, Mr. 30hn Whelshel, Ma. Becky 30hnaon, and Mr. Mike LaLone all oppo.ed the annexation. These people apoke againat the annexation because they wanted the area to atay quiet, they did not want 1200 aquare ~oot ho.es built in that a~ea on 1/. acre Iota, and they were alao concerned about Lake Stanley. Mr. Bob Hutchinaon, 706 Broadway, .tated he has lived 13 years in that area, and is concerned about retaining the character o~ that area. Mr. Hutchinson st.ted ~ro. a legal standpoint, Section 171.044, voluntary annexationa, state. the property .uat be contiguous, and reaaonably co.pact, .eaning no ~ingera or enclave.. Mr. Hutchin.on .tated this property was not reasonably co.pact. Mr. Frank Courtney was present representing the property ownera, and stated they were planning single ~a.ily ho.es on 1/4 acre or larger lots, with a recreation area. Mr. Courtney atated Mr. Moha..ad would not be developing the prop.rty, that his co.pany would be developing it. Mr. Courtney assured the concerned citizens that he would put in a develop.ent they could b. proud o~. Mr. Bruce Stricker a.ked i~ he could put in wella aa the property is zoned RCE2 in the County. I~ the property ia annexed into the City'the developer would not be able to put in wells as the City has an Ordinance which atates they Must use City wat.r. Mr. and Mr.. 30hn Pitts were alao opposed to the annexation. Mrs. Pitts asked Mr. Courtney i~ the land is d.veloped wheth.r they will bury the garbage du.p on the weat side o~ the lake or wh.ther th.y will take it out. Mr. Courtney assured h.r that the gar bag. would be re.oved. Mr. Ron Strosnider, 3416 30hio Shor.s Road, stated he haa lived there ~or the la.t 34 years and h. wa. glad to .ee Mr. Courtn.y d.veloping the land, and would be proud to have that type o~ develop.ent across the lake. Co... Rodgera aaked i~ the City had available water ~or this size o~ develop.ent. Mr. Gri~~in .tated the City could u.e the connection. and then .xpand the For..t Oaks plant so RCA~s connections would be available upon reque.t. The City will have to a.end their Co.prehen.ive Land U.e Plan only ~or the rezoning proce... The high..t zoning the City ha. i. R-1AAA, but Mr. Gri~~in stat.d we could hold the d.velop.r to Orange County restrictions by a deed restriction or a developer~. .gr....nt. Mr. Kruppenbacher stat.d th.re were no ~ingers on the prop.rty in question, in his opinion, ba.ed upon the .ap he was provid.d, .nd the prop.rty is r.asonably co.pact. Co... Rodgers atat.d on. ag.nt was not sp.ci~ied in the Ordinanc.. Co... Bat..an stated he is in ~avor o~ lots larger than 1/4 acre, and he wants to aee the garbage taken o~~ o~ the property. Co... Rodg.ra stated the County ha. said pr.viou.ly, in other areas, they would not change the zoning ~ro. RCE2, and then one year later they did. Co... - 4 . CITY COKKISSIO. KEETI.G APRIL 1. 1,.. PAGE 5 Bate. an .oved to approve Ordinance 870, Co... Hager aeconded, and the vote carried unani.oualy. Mr. Griffin atated the property will be po.ted previoua to the Co..iaaion con.idering the rezoning, and owner. within 300 fe.t of the property will be notified by certified letter, in the .ail. ORDI.A~. 871. .STA.LISHI~ FLAT ~ATE OO.STRUCTIO. VATaR Mr. Griffin read the Ordinance by title only. There were no co..ent. fro. the public. Mr. Griffin atat.d the current policy for re.idential wat.r connection is that they .uat put up . *50.00 deposit which ia r.funded .fter one ye.r.. long aa they did not h.ve their w.ter cut off for non-paYMent. Mr. Griffin atated the d.poait waa not addr....d in thia Ordinanc. aa ataff did not f..l that construction of a aite would l.at one y.ar. Co... Bate. an .ov.d to approve Ordinanc. 871, Co... Hager aeconded, and the vote carried unani.oualy. GROI.A.CE 872. ~EQUIRI~ DIYELOPER'S AGRIEK..TS e City M.n.ger Griffin r.ad the Ordinance by title only. Thia Ordinanc. was requ.ated by the City Engineer. Mr. Alton 3ulian aaked what the Ordinance waa. Mr. Griffin atated the Ordin.nce requir.a a dev.lop.r to enter into a develop.r~. .gr....nt with the City of Ocoe. which. at. tea the conditiona they .gree to. The developer'a .ttorney will dr.ft the .gree.ent, then the City Attorney will review .nd ..ke a reco..endation to the Co..iaaion, who in turn will review it. COM.. B.te.an .oved to .pprove the Ordin.nce, Co... Hager econded, .nd the vote carried unaniMoualy. ORDIMAMCE 873. YACATIMG LYLE ST~.ET ROAD RIGHT-Or-VAY City Man.ger Griffin read the Ordinance by title only. There were no co..enta fro. the public. Co... Rodgera asked where the Ordinance .tated the width of Lyle Street. Mr. Griffin aaid that the pl.tted Lyle Street h.a different widtha, which ia the reaaon they did not st.te the width in the Ordinance. Co... B.te..n aoved to .pprove Ordinance 873, Coa.. Hager aeconded, and the vote carried unaniMoualy. Co... Rodgera aaked for a scaled down copy of the .aintenance .ap. RaSOLUTIO. 86-03. K.I.Ta...ea KAP LYLE STREET Co... Rodger. aoved to approve 86-03, and the vote c.rried unani.oualy. Resolution. Co... Hager aeconded, Mayor Ison read the . 5 . CITY COMMISSION KEETIIG APRIL 1, 1... PAGE 6 APPOIITMIIT OF IITlalM CITY MAIAGla Mr. Griffin atated he contacted the Florida City and County M.n.ger'a A..oci.tion: they recommended Mr. Arthur Preaton, form.r City Manager of Kissi...e. Mr. Pre.ton ia .eeking a poaition in the mid-weat, is not intere.ted in the poaition full-ti.e, but is willing to take the taak of the interim City Manager. Mr. Griffin stated he coaes highly recoa.ended. Coaa. Rodgers stated he wanted to interview hia. M.yor Iaon called. Special Se..ion for Thuraday, April 3, 1986.t 7:00 p.a., to interview Mr. Arthur Preaton. Mr. Toa Kelley .t.ted he h.d aet Mr. Preaton .nd recoa.ended hia for the poaition. SYLVESTRI IIVESTRalTS, QUESTIOIS REFSa.lea 8URIIIG e Coaa. Rodger. que.tioned Sylveatri Inveataenta about the burning of the property. He reque.ted th.t .taff reaearch the burning at the laat aeeting. The report, froa Capt. Jaae. Co.chignano, Ocoee Fire DepartMent, atates the property is leased by Earl (Sandy) Barnette. Mr. Barnette atated the conditiona of the lease .re that he can do anything to iaprove the property for grazing hia atock, therefore he did not notify the ownera. Mr. Barnette obt.ined a county burning perait and hir.d the Divi.ion of Forestry to burn off the p..ture for hia. The wooded are. w.. not burned. C.pt. Coschignano .lso checked with the Diviaion of Forestry, Mr. Jack Jones, area .uperviaor, who atated on 2-27-86 the Forestry plowed a fire ring around the area to be burned. On M.rch 4, 86 they atteapted the burn but conditions were not f.vorable, On March 11, 86 they COMpleted the burn. Mr. Tia Wilson and Mr. 3iM Hatcher, Sylvestri Invest.enta, Inc. repre.entativea were pre.ent .nd .tated they were not aware of the property being lea.ed, and were not .ware th.t the property w.. burned. City Atty. Kruppenbacher inforaed them that if anything is burned illegally Sylveatri Invest.ents will be held responaible, not Mr. Barnette. They will check it out and if a 1.... doea exist it is not legal therefore they willo take care of the aatter. COMM.IT. FROM CITIZ.../PU.I.IC Th.r. w.re no coa.ent. fro. any citiz.na pr..ent. ..W .U.I.... PRELIMIIARY RESULTS OF ELECTIOI - CITY CLERK HELEM CATROM e Mrs. Catron announced the re.ult. of the election earlier in the aeeting. 6 e CITY COMMISSION MEETING APRIL 1, 1,.. PAGE 7 RaOUR HIGHLANDS II TENTATIVE APPROVAL FOR BUILDING PERMIT ISSUANCE - A. JULIAN REQUEST FOR OPINION ON SET BACK REQUIREMENTS - DON TYNDALL Mr. Don Tyndall ia planning to build aouthweat of Bluford and Geneva Street. The City require. an additional 20 foot right-of-way and Mr. Tyndall .ust set his building back 25 %eet %ro. the right-o%-way. Thia would cut into Mr. Tyndall1a plan., and h. would have to cut down the size oi hia building to acco.odata the right-o%-way and set backs. Co... Rodgers reco..ended that the it.. go be%ore the Board 0% AdJust.ent a. Mr. Tyndall n..ds to apply %or a variance. City Attorney Kruppenbacher aaked that this ite. be tabled until the next ...ting so that he can review the docu.ent be%ore giving a reco..endation to the Co..i.sion. Mr. 3ulian con.ented to the delay. PROPOSED ORDINANCE, ADOPTING PENSION PLAN, FIRST READING e Co... Bat..an .oved to approve the proposed Ordinance adopting the pen.ion plan, Co... Hager seconded, and the floor was open for discus.ion. Co... Bate.an atated that this ite. needs to .ove along, and that they could naae the peraon to over-see the plan at a later date. The vote carried unani.ously. Mr. Gri%%in read the proposed Ordinance by title only. The second reading will be held 5-6-86. REPORTS AND INFORMATION - CITY .ANAGIR Mr. Griifin announced that Mr. Bill Breeze has been appointed the executive director %or the Tri-County League 0% Cities, and there%ore has sub.itted his re.ignation as Chair.an 0% the Planning and Zoning Board. Mr. Gri%%in stated Pat Bond and 30hn Linebarier have expressed an interest in the P & Z Board. Co... Rodger. .oved to appoint 30hn Linebarier as the full ti.e .e.ber, and Pat Bond as the alternate .eaber, Co... Hager seconded, and the vote carried unani.ously. FOLLOW - UP AGENDA . There ia no aet date for the workshop on the "Porno/Topleaa" Ordinance. The attorney is still working on the proposed Ordinance providing utility tax water service. We have done the public hearing on the rezoning oi the First Baptist Church. Sta%% is in the process 0% notiiying everyone 0% the na.e change oi Old Winter Garden Road Extension. Mr. Gri%iin stated the letter to the E/W Expressway Authority has been sent and the Co..ission was provided with copies. The Resolution has been drawn up in reierance to the over 7 . CITY COMMISSION MEETIIG APRIL 1, 1986 PAGE 8 expenditure o~ funda for FY 84/85. Mr. Griffin atated that staff has received the "aa built" plans for the Foreat Oaka Water TreatMent plant and are awaiting the sche.atics. The Ordinance to adopt the Pension Plan has been addressed. The Special Session called to appoint an Acting City Manager waa reacheduled for 4-3-86. Mr. Griffin reMinded the Board of the April 8, meeting to review City Manager applications, and the Meeting on April 12. to interview applicanta. The Board of AdJust.ent ia pending a hearing to conaider whether and if Flea Marketa ahall be interpreted into the Zoning Ordinance; and/or if the Zoning Ordinance ahould be a.ended to allow sa.e. Sylvestri InveatMents was on the agenda to diacuas the burning. Mr. Griffin stated we are currently in a holding pattern in reference to the Foreat Oaks Water Treatment Plant. Mayor leon requeated that Mr. Bill Breeze be aent a letter of AccoModation for being appointed aa Executive Director of the Tri-County League of Cities, and being the Chair.an of the Planning and Zoning Board for so long. -- Mr. Grif~in infor.ed the Board that the Winter Garden Police Dept. wanted to enter into a Voluntary Cooperation AgreeMent with Ocoee. Thia agree.ent go.s hand-in-hand with the Mutual Aid Agree.ent, which ia pri.arily for diaaater ti.es. The Voluntary Cooperation Agree.ent is the sa.e plus leaa critical tiMes. Mr. Grif~in stated the AgreeMent could be postponed until the next regular Meeting. The attorney wanta to review the proposed agree.ent before the Co..ission approves or disapproves it. CITY ATTORNIY Mr. Kruppenbacher stated he was going to write a letter to the Orlando Bu.iness 30urnal obJecting to their reporting on an iaaue when they weren't preaent. An article was printed on the 30int Planning and Zoning and Co..iaaion .eeting of 2- 25-86. Thia letter will be written on Mr. Kruppenbacher'a own tiMe, and the City will not be billed for it. COMMEITS FROM COMMISSIO.ERS The Co..iaaionera had no co..enta other than to decide to try to narrow the applicants down to no leas than five, and that the City of Ocoee will not pay any travel expenaes. The Meeting was adJourned at 11:30 p... :!:iJ ------- ------------- MAYOR ISON tit 8 tit ~SING BOARD MEEI'ING MINUTES OF APRIL 2, 1986 CALL TO ORDER Mayor Ison called the rreeting to order at 7:00 p.m.. PRESENT Mayor Ison, Ccmnissioner Bateman, Conmissioner Hager, and Deputy Clerk IDuloudis. ABSENT Ccmnissioner Rodgers. CERI'IFY ELECTION RESULTS AND COUNT ABSENTEE BALLOrS Mayor Ison stated that there were 8 absentee ballots to be opened and counted. After opening the ballots, one was found to be void as the inside envelope was not sealed properly. '!'he results of the machine votes and the absentee ballots are as follows: Name Machine Vote Absentee Total Gary ~vayne Carroll, Sr. Rusty Johnson 243 301 4 3 247 304 a The above results were certified by the Camri.ssion this 2nd day of April, 1986. Mayor Ison proceeded to swear Candidate Johnson into Seat 1 of the City Board of Camri.ssioners. The rreeting was adjourned at 7:l8 p.m.. ~ L ~L MAYOR ISON ATI'EST: ~ctD DEPUTY CLERK LO .