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HomeMy WebLinkAbout05-06-86 MINUTES OF THE REGULARLY SCHEDULED COMMISSION MEETING HELD MAY 6. 1986 e PRESENT: Mayor Ison. Commissioners Johnson; Rodgers; Bateman: and Hager, City Attorney Kruppenbacher. Interim City Manager Preston. City Clerk Helen Catron, City Planner Russ Wagner, Building Official Sam Gerace, Water Supervisor John Cockrell. ABSENT: None. CALL TO ORDER - MAYOR ISON Mayor Ison called the regularly scheduled meeting to order at 7:30 p.m.. Mayor lson then led those present in prayer and to the Pledge of Allegiance. PRESENTATIONS AND PROCLAMATIONS - Mayor Ison stated the Board of AdJustment Meeting minutes of 3-17-86 were for information only. Mayor Ison read Proclamation 86-06, which proclaims May 4, through May 10, 86 as Drinking Water Week. West Orange Memorial Hospital is holding a community party on May 11, 1986, from 12:00 noon to 3:00 p.m.. All citizens are invited to attend, it will be held on the Municipal Complex grounds. The Hospital is requesting the fee be waived for the rental of the Community Center. The picnic will be free o~ charge, and they will have a Jazz band, clowns, and balloons. Comma Bateman moved to grant a waiver of the Community Center rental fee to the West Orange Memorial Hospital, Comma Johnson seconded, and the vote carried unanimously. Mayor Ison reminded that May ii, 86, is also Mother~s Day. APPROVA1.S - CONSENT AGENDA Comma Bateman requested that item "C" be pulled :from the Consent Agenda. Comma Hager moved to approve the remaining items on the Consent Agenda, Comm. Bateman seconded, and the vote carried unanimously. The items approved are as ~ollows: A. Regular Commission meeting minutes of April 15, 1986; B. Special Session Commission meeting minutes o~ April 21, 1986: D. Proposed Ordinance, Amending Ordinance 839, Vacating Chicago Ave. right-of-way, First Reading: and E. Appointment of David Lowery as full member of the Merit Board. Mr. Preston read the proposed Ordinance amending Ordinance 839, vacating Chicago right-of-way. The second reading will be held 6-3-86. In reference to the proposed Ordinance, Frank Courtney rezoning, Comma Bateman asked if there was a problem with the lots extending into the lake to abutt the lots extending into the lake ~rom the east. Mr. Wagner, City Planner, stated Mr. Courtney is willing to do anything the Commission desires and owns the property . 1 CITY COMMISSION MEETING KAY 6, 1986 PAGE 2 e extending into the lake. Comma Bateman had no problem with the proposed Ordinance i~ he owns the property extending into the lake. Mayor Ison asked Mr. Wagner to get Mr. Courtney to respond to Comma Bateman.s concerns in writing. Comma Rodgers asked how the minimum o~ 1/2 acre lots are determined, by the high-water mark? Comma Rodgers requested that the high-water mark be checked for accuracy, and stated that he is against R-1A zoning in that area. All the Commissioners agreed that they were against R-1A zoning in that area, they would pre~er R-1AAA. Comm. Rodgers moved to contact the developer and have him consider R-1AAA zoning, Comma Bateman seconded, and the vote carried unanimously. 01.0 BUSINESS HARBOUR HIGH1.ANDS II REPORT Mr. Gerace stated about ~our o~ the items have been taken care of and Mr. Julian~s attorney will accomplish the others soon. Comma Rodgers made a special request to the citizens of Ocoee: i~ anyone sees a motorcycle or four-wheel drive truck on a construction site tearing up the retention ponds or berms to call the Police. This expense is unnecessary, and is passed along to potential home buyers. e WHITAKER OIL CO. SITE PLAN REVIEW AND REPORT Mr. Kelley stated he was directed to check into the main concern; which was whether ground water could be contaminated. Mr. Kelley stated he spoke with DER and Orange County, they were more concerned with air pollution. No permit is required %or pollution control. Mr. Kelley could not guarantee the City there would not be a spill or leak as there is always a chance of an accident; and he could not accept that liability. Mr. Dick Mackey, Vice-President 0% Whitaker Oil Co., again stated they were a solvent distributor, and they have been in business in a warehouse in Ocoee for two and a half years now. They have plans for a phone system, a sprinkle system and the tanks are built on a concrete bed. Mr. Mackey stated the environmental impact is sa%eguarded by a five million dollar insurance policy. Mayor Ison was not satis~ied with this. Mr. Charles Vandergrift, 403 Apricot Drive, obJected to the tanks being so close to Well 1A. Mr. Bruce Beatty, 311 Hormigas, stated Chapter 4, Section 12 of the Zoning Code requires a special exception be granted and questioned whether this was a permitted use ~or the property. Mr. Beatty went to their present place of business in Industrial Park, took pictures o~ a storage truck with a washtub under it, and several drums in the area. Mr. Mackey stated the truck is a tanker truck . ~ ~ CITY COMMISSION MEETING MAY 6, 1986 PAGE 3 e e which has valve gates that are shut, but as a safeguard the washtubs are placed under the valves. Mr. Mackey invited anyone to come to the company and see the operation. Chief Strosnider stated he did not have a problem with the plans as far as fire protection, a phone system will be installed direct to the Fire Department, at their expense. Mayor leon asked what would happen if they sold the company, as ~ar as insurance liability, and they would have to address Mr. Beatty~s concerns with the zoning. Mr. Mackey stated their plans are stamped by the Building Official as in compliance with the zoning. This was checked before they bought the property, then they paid $160,000.00 for the property and spent S60,000.00 in engineering plans. Comma Bateman had two main concerns: Well lA and if the company sold out the City would have no liability insurance. Mayor lson suggested coming up with a bond which would last as long as the business is there: and secondly, having the City Attorney sign a waiver of liability so Whitaker must assume 100% liability. Mr. John Cockrell, Water Superintendent, stated for the record, he was opposed to the solvent company going in that site because of the liability to the water system. Mayor lson asked Mr. Mackey to withdraw so we can do more research and we will agenda for the next meeting. Mayor lson also instructed Mr. Russ Wagner to extract the Commissioners~ concerns and give the list to Mr. Mackey. Comma Rodgers stated he wanted a complete history on the stamped approval o~ this Oil Company from two years ago. He was concerned with the liability, water contamination, and wants documented facts on how and if this could contaminate the water. Mr. Mackey stated others are dumping now, why should they take the responsibility of those. The Commission will review both phases at the same time. MAGUIRE ROAD PROFESSIONA1. PARK - FINAL ENGINEERING PLANS tit Mr. Preston stated the developer agreed to the three conditions set: (see the Development Review Committee Report dated May 6, 1986). Comm. Bateman questioned the width of the cul-de-sacs. Mr. Wagner stated the Fire Dept. agreed to 40~ cul-de-sacs at the preconstruct ion meeting. Mr. Strosnider stated they agreed because they are bound by an Ordinance. Mr. Wagner stated the Ordinance does not require the cul-de-sacs to be 40 feet, although they agreed to 40~. Mr. Strosnider stated he could deal with 45' including the curb. Comma Rodgers moved to approve the final engineering plans subJect to the three conditions along with making the cul-de-sacs 45~ width including the curbing, and leaving a one foot grassy area between the curb and sidewalk. Comm. Johnson seconded, and the vote carried with Comma Bateman voting ney, and Commissioners Hager: Rodgers: and Johnson voting yeh. 3 CITY COMMISSION MEETING HAY 6. 1986 PAGE 4 . WASTEWATER FEASIBILITY STUDY - TOM KELLEY Mr. Kelley re2erenced the Workshop which was held previous to the Commission meeting. Comma Hager moved to give Mr. Kelley permission to advertise in the local newspapers to ~ind out what the community interest is, Comma Bateman seconded, and the vote carried unanimously. Mr. Kelley stated they will proceed immediately and have a report back in approximately 30 days. The City of Ocoee has a deadline response to DER by 6-1-86. PUBLIC HEARINGS - SECOND READINGS ORDINANCE 874, HELLER ANNEXATION e Comma Hager moved to hold the second reading for proposed Ordinance 874, Comma Bateman seconded, and the vote carried unanimously. Mr. Preston read the proposed Ordinance by title only. There were no comments ~rom the citizens. Comm. Bateman moved to approve Ordinance 874, Comma Hager seconded. Comm. Rodgers voiced concern with annexing 400 plus acres, and the Ordinance states the City will supply City services to the property when we can not. Comma Rodgers asked if the property is substantially contiguous to the City. Mayor Ison stated we are not liable to provide services to them if a waiver is signed. Mr. Kruppenbacher stated it is debatable whether the property is contiguous. If we get challenged, the developer is signing a hold harmless agreement, and the motion could be made subJect to this condition. Mr. Kruppenbacher suggested the staf2 make a recommendation about the services. The vote was taken and carried with Commissioners Johnson: Bateman: and Hager: voting yeh, and Comma Rodgers voted ney. ORDINANCE 875: SYLVESTRI ANNEXATION Mr. Preston read proposed Ordinance 875 by title only. There were no comments from the citizens. Comma Bateman moved to approve Ordinance 875, Comma Hager seconded, and the vote carried unanimously. ORDINANCE 876: NAME CHANGE TO PROFESSIONAL PARKWAY Mr. Preston read proposed Ordinance 876 aloud. Mr. Cockrell pointed the road out on the map. There were no comments from the citizens. Comma Johnson moved to approve Ordinance 876, Comma Rodgers seconded, and the vote carried unanimously. e 4 CITY COMMISSION MEETING MAY 6, 1986 PAGE S e ORDINANCE 877J PENSION PLAN Mr. Preston read the proposed Ordinance by title only. There were no comments from the citizens. This is approved by the IRS and therefore a guaranteed pension. Comma Bateman moved to approve Ordinance 877, Comma Johnson seconded, and the vote carried unanimously. REPORT ON MAGUIRE HOUSE e Mrs. Betty Ervine reported that the tax exempt papers were received and mailed back out. Mr. Sam Gerace and Mr. Alton Julian agreed the Maguire House did not need Jacking and leveling. Mrs. Ervine stated the porch needs fixed so the Historic Commission can utilize the home to hold fund raising functions. Mr. Julian recommended that the roof be fixed first. Comma Bateman moved to authorize the 52,500.00 budgeted for Jacking and leveling the house be spent to fix the porch, and anything exceeding $2,500.00 to come from Mayor lson, Comma Rodgers seconded, and the vote carried unanimously. Mr. Ben Griffin stated the home should be on a general maintenance program with the City like the other City owned buildings. Mr. Griffin asked the Commission why they spent $150,000.00 on the house to let it rot away. Mayor Ison claimed the former City Manager did not direct City employees to do work at the house when he should have. Mr. Griffin also stated the Commission is Just talking about the house and never spending any money on it. Mayor Ison agreed with Mr. Griffin and stated the Commission would have to taKe Borne action on the house in the future. STAFF REPORT ON INTERSECTION OF GOOD HOMES AND WHITE ROAD Mr. Russ Wagner, City Planner, drafted a letter to Orange County addressing Commission~s concerns about the wall which obstructs vision at the corner of White Road and Good Homes Road, and the County~s entrance to the solid waste station. Mr. Thomas Sewell, County Administrator, stated the Transportation Dept., investigated the intersection and found a problem with the visability. The County will correct this situation by moving the stop bar toward the intersection. The County has delayed the relocation of the entrance to the transfer station due to the design work. It is now completed and construction should begin the last week of May. STAFF REPORT ON WATER SERVICE TO HARBOUR HIGHLANDS VILLAGE Mr. Russ Wagner reported that the property is in the County. Mr. Wagner contacted the County Administrator who stated they will not service that property with water. e 5 . CITY COMMISSION MEETING MAY 6, 1986 PAGE 6 COMMENTS FROM CITIZENS/PUBLIC Mrs. Diana McLam, 2009 Leslie Ann Ln, presented a petition with 110 signatures requesting the City do something to prevent Prima Vista ~rom dumping and placing the storage tanks on their property behind the subdivision. Mrs. McLam stated there are now ~our containers and they are dumping concrete, asphault, and trash. Mr. Gerace wrote a letter to Mr. Ned DeMarce requesting an explanation 0% what the tanks are for. Mr. DeMarse answered his letter asking for an additional sixty days and explained stating the tanks were going to the east coast as soon as the permits have been approved. Mrs. McLam did not beleive they should be allowed sixty days. Mr. Gerace stated the tanks are not allowed there according to zoning regulations. Mr. Kruppenbacher explained the procedures the City must follow in citing someone for a violation. This is done through the Code Enforcement Board. Mrs. Elman stated there is not a xence around the entire plant either, it stops at 2009 Nicole. Mr. Gerace stated he did not cite them immediately as he did not want to "Jump the gun". He wanted to determine what the tanks were to be used for. Mr. Beatty recommended she contact the P.S.C.. Mr. Gerace stated he did not need a written complaint in order to proceed with Code Enforcement Board. -- Mrs. Betty Hager, 511 Orange St., asked for an extension 0% time for the ~ence to be erected, as Commission directed, on the Sauer Septic property. Mrs. Hager stated they are trying to acquire additional property and want to xence the entire property. Comma Bateman moved to approve the 60 day extension, Comma Rodgers seconded, and the vote carried unanimously. Mayor Ison called for a short break at reconvened the meeting a 11:02 p.m.. 10:50 p.m. and NEW BUSINESS LIMARAN II. SPECIAL EXCEPTION e Mayor Ison reminded the Commission of their copy ox the Board 0% AdJustment meeting minutes, which have not been approved by the Board. Mr. Bruce Beatty, Chairman of the Board of AdJustment stated the Board recommended denial 0% permission to develop an open air market primarily due to problems associated with traffic, drainage, and unpaved parking areas. They have 1,326 parking spaces planned. Mr. Al Amos, Limaran II stated they will be open Friday through Sunday and security will be provided. Mr. Amos stated they had not researched into the traffic impact at this time. Mr. Amos stated the market would have a positive impact and a booth 6 CITY COMMISSION MEETING MAY 6, 1986 PAGE 7 . would be provided for any of the City non-profit functions free of charge, and the City will benefit by revenue from the taxes and the occupational licenses. If a deceleration lane is required, they will pay for it. The parking areas will be treated but not paved. Comma Rodgers stated he did not know if the traffic light would even be feasible with the overpass of the Turnpike so close. Mr. Amos stated they would pay for the traffic light. Mayor Ison stated they must have paved parking, he beleives it is a bad use of the land, and there will be traffic problems. Comm. Bateman moved to deny the special exception as recommended by the Board of AdJustment, Comm. Hager seconded, and the vote carried unanimously. DON TYNDALL, VARIANCE REQUEST e Building Official Gerace explained that the review committee has not reviewed the plans. They are only considering the variance request at this time. The property is currently zoned C-3, therefore requiring a fifty foot set back. Mr. Tyndall has requested a variance, to allow parking and a portion of his building in the fifty foot set back. The Board of AdJustment recommended denial. Comma Rodgers moved to deny the variance as recommended by 'the Board of AdJustment, Comma Bateman seconded, and the vote carried unanimously. REQUEST TO BE PUT BACK ON OVER 65 PROGRAM - GILBERT CARPENTER Mr. Carpenter stated he was not aware of the rule that he could not have anyone renting a portion of his home in order to be on the Over 65 program. Mr. Carpenter was on the program and was taken off due to this rental. Mr. Carpenter will be 78 years old. Comma Bateman expressed concern about the reason the administration took him off of the plan and of setting a precedent by putting him back on. Comma Johnson moved to put Mr. Carpenter back on the Over 65 program, Comm. Rodgers seconded, and the vote carried with Commissioners Johnson: Rodgers; and Hager voting yeh, and Comma Bateman voting ney. LOCATION OF BUDGETED PARK RESTROOMS e Mr. Preston explained that three bathrooms were budgeted for $20,000.00: one at Tiger Minor Park; one at Starke Lake; and one at the west end of Vignetti Park. Mr. Beech, Recreational Director, stated the BMX people are working on having one constructed near the track. They hope to have a changing room, consession stand, and bathrooms in the building. The bids that came in were for 14' x 14' bathrooms, and they are proposing a 24~ x 35' building. Comma Rodgers favored putting one at Tiger Minor and one at 7 CITY COMMISSION MEETING MAY 6. 1986 PAGE e . Vignetti, although Comma Hager felt we should let the BMX people build at Vignetti. The consensus of the Commission was to build one at Tiger Minor park and wait on the otherB. Mr. Beech stated they had their second annual game for the handicapped and it was a great sucess. The State Sunhill games will also be held in Ocoee. REPORTS ON STREETS IN FOREST OAKS SUBDIVISION Mr. Preston stated there were no maJor problems with streets in Forest Oaks, and a meetiong is scheduled Wayne Rich on Thursday. the with SCHEDULE WORKSHOP FOR BUDGET Mr. Preston stated the auditor will be back tommorrow from vacation and staff will contact them about the spot audit. The Commission scheduled the workshop for Monday, May 19, 1986, at 7:30 p.m. to discuss the budget. This meeting will be held in the Conference Room in City Hall. Mayor Ison reviewed Commissioners. the follow-up agenda for the e COMMENTS FROM COMMISSIONERS The Commission expressed concern that the costs incurred from the reviews of the proposed developments ar~ to be born by the developer. Staff will come up with a recommendation and bring it back to the Commission. Comm. Bateman expressed concern with the City's Engineering Firm, and questioned whether Ocoee is becoming the training ground for engineers. He further stated that he had no problem with PEC, although Ocoee has had problems with subcontractors, who were recommended by PEC. Comma Johnson requested that the Police Dept. enforce the no parking on sidewalks and driving on the sidewalks. Mayor Ison requested a letter be drafted and sent to Bob Hansen thanking him for the trees he donated to the City. Comma Rodgers commended the Police Dept. for cracking down on the traffic violations. e 8 - - e -.... CITY COMMISSION MEETING MAY 6. 1986 PAGE 9 The meeting was adJourned at 12:35 J3rLt ~ -------------~-------- MAYOR ISON ATTEST: ~. DEPUTY CLERK 9