Loading...
HomeMy WebLinkAbout07-01-86 MINUTES OF THE CITY COMMISSION MEETING HELD JULY 1. 1986 el PRESENT: Interim Attorney Gerace, Poston, Mayor Ison, Commissioners Rodgers: Bateman: Hager: City Manager Preston, City Manager Ryan, City Kruppenbacher, City Clerk Catron, Building Official City Planner Russ Wagner, Finance Director Ivan City Engineer Kelley, and Deputy Clerk Louloudis. ABSENT: Commissioner Johnson. CALL TO ORDER - MAYOR ISON Mayor Ison called the regularly scheduled meeting to order at 7:30 p.m.. Mayor Ison introduced the new City Manager Teddy Ryan and welcomed him to Ocoee. Mayor lson also thanked Mr. A. B. Preston for the work he has done while Interim City Manager of Ocoee. Mayor Ison also announced that he was donating his net proceeds from his monthly check to the Maguire House fund. Mayor Ison invited citizens to donate either time or materials to the Maguire House. Mayor Ison stated he received a two page letter from a citizen who praised Officer Clinger~s work. Mayor Ison also welcomed former Mayor Bill Breeze to the Commission meeting. APPROVA1.S e Comma Hager moved to approve the City Commission minutes of June 17, 1986, Comma Bateman seconded, vote carried unanimously. meeting and the 01.0 BUSINESS MINORVI1.LE APPROVA1. CENTER EAST - PRE1.IMINARY SU8DIVISION PLAN Mr. Wagner stated they simply took the items from the DRC report and extracted the items which pertained to the west side. Mr. Wagner stated the developer agreed to all of those items. Comm. Hager questioned whether the two entrances and exits would cause undue hardship on that area. Mr. Wagner explained that the entrance would have a right turn lane and a left turn lane, also the exit would have right and left turn lanes. Mr. Bill Colburn agreed to all of the items and had no questions. Comm. Rodgers moved to approve the Preliminary Plans subJect to the conditions stated on the DRC report, Comma Hager seconded, and the vote carried unanimously. (A copy of the DRC report is furnished.) WHITAKER 011. COMPANY - FINA1. SITE PLAN APPROVA1. ~ Mr. they Fenimore Cooper, Attorney for Whitaker Oil Co., were seeking Final Site Plan Approval. Atty. stated Cooper 1 ~ - CITY COMMISSION MEETING JU1.Y 1, 1986 PAGE 2 - stated they have cooperated with the City and have been working to answer any questions the Commission may have. Whitaker plans to have 10 to 12 tanks built within one year. Mr. D. E. RatliEfe, Engineer, from Atlanta, GA., stated Whitaker is a distributor of petroleum products. They plan to build a warehouse, storage area, and loading and unloading %acilities. Mr. Ratliffe stated this is a state-of-the-art design, and they have met all the state requirements. Mr. Dan Nickins, Engineer from Earth Resources Consultants, Inc., stated his company was hired to study the design 0% Whitaker Oil and try to determine if there is a chance that the City~s well could be contaminated. Mr. Nickins stated the construction of the well is good. The first layer is eand, then the shallow water zone, then 140 feet of clay, and then the deep water flow which is where the City~s water supply is pulled from. The shallow water zone is flowing away Erom the City~s well, plus we have the 140 feet 0% clay to protect the City~s water. Whitaker Oil has a containment system plus they have agreed to install monitoring wells to detect any spills. Earth Resources Consultants, Inc. are hired to clean up spills at industrial sites. Mayor Ison asked the worst scenario case. Mr. Nickins stated with the protection steps they are taking, it is not probable that anything will happen. Mr. Whitaker agreed to monthly testing of the monitoring wells. Mr. Nickins stated the testing is done by lOOking at the top layer 0% liquid to visually see any separation, which would mean contamination. Whitaker agreed to have the testing periodically done by another party and the results sent to the City. Mayor Ison asked for a signed copy of the dra%t letter from Earth Resources, Inc. provided to the Commission. Mr. Ryan stated they comply with the zoning~ an outside consulting engineer and staff agree. Whitaker will carry a 4 million dollar insurance policy to cover any damages to the City in case 0% contamination. Additionally, they have agreed to sign a hold harmless and indemnify the City against anything which may happen. Comma Rodgers moved to approve the Final Site Plan based upon the recommendations of the two re%erenced consultants and staf%, conditional upon the following: 1. a signed agreement by Whitaker to hold harmless and indemni%y the City %or any damages which may occur; 2. A minimum of a 4 million dollar insurance policy, the City being co-insured so the City 0% Ocoee would be notified in case of a claim: 3. Monthly contamination checks on the monitoring wells, to be done by another party and results to be sent to the City of Ocoee: 4. The draft letter from Earth Resources, Inc. to be officially signed prior to any building permits being issued: Comma Hager seconded. Comma Rodgers then requested one monitoring well be placed in direct line with the City~s well. This will be done. The vote was taken and carried unanimously. , 2 . CITY COMMISSION MEETING JU1.Y 1, 1986 PAGE 3 PUB1.IC HEARINGS COMPREHENSIVE P1.AN AMENDMENTS AND REZONING ORDINANCES FRANK COURTNEY REZONING AND COMPREHENSIVE PLAN AMENDMENT Mr. Ryan read the proposed Ordinance by title only. Mr. Wagner stated the property is located west of Lake Stanley and north of Silver Star Rd. Ms. Nancy Christman, Orange County Planning, stated the County has reservations concerning this rezoning, and would pre%er to see 1 acre lots versus 1/2 and 1/4 acre lots. They would like to see the area stay rural residential. Mr. Ryan read the Planning Amendment by title only. RENAISSANCE AMENDMENT INVESTMENTS REZONING AND COMPREHENSIVE PLAN - Mr. Wagner stated the first reading was held previously. The property is located east of Lake Blanchard/Bennett, north of Highway 50. The proposed zoning is C-2 and includes approximately 30 acres. Ms. Christman, Orange County Planning, obJected to this rezoning as the property is located away from any big intersection therefore this property is not suited for commercial zoning. Orange County Planning recommends low/medium residential density. The second reading will be held on 8-19-86. The Comprehensive Plan Amendment will be held on 7-15-86, we must amend the plan be~ore we can approve or take any action on the rezoning. STORY PROPERTIES AND U. S. HOMES CORP. Mr. Ryan read the plan amendment and the proposed Ordinance by title only. Mr. Wagner explained that the property is located north 0% Silver Star Rd. and south 0% Spring Lake Rd.. This property is approximately 10.7 acres. John Sundheim. U. S. Homes. was present to answer any questions. Mr. Pitt Varnes, 1408 Spring Lake Terr., obJected to the increased traffic onto Spring Lake. He also obJected to boats being allowed in Lake Stanley. Mayor Ison called for a recess at 9:06 p.m. reconvened at 9:25 p.m.. and the meeting - Mayor Ison then announced that there would be a Joint meeting with the City Commission and the Planning & Zoning Board on 7-8-86, at 7:30 p.m. in the Community Center. The meeting was set to work on the Comprehensive Plan Amendments. The second public hearings for the Plan Amendment Ordinance will be held on 7-15-86. 3 ~ . CITY COMMISSION MEETING JU1.Y 1, 1986 PAGE 4 ORDINANCES - SECOND READING AND PUBLIC HEARING City Manager Ryan explained that items "F~, ~G~_ ~H~, ~I~, and "J~ are pulled from the agenda at the request of the petitioner. Mr. Ryan explained that several issues could not be resolved therefore the developer and staff agreed to table the issue. ORDINANCE 880, HAROLD HARVEY REZONING . Mr. Ryan read the proposed Ordinance by title only. The zoning of the property is proposed to change to PS: Professional Offices and Services. The property is located on the southwest corner of Floral and Blu%ord. Mr. Bill Breeze, 351 Lakeshore Drive, is representing Mr. Harold Harvey and stated they have petitioned for rezoning from RiA to PS. This change is in compliance with the plan as that area has mixed uses. Mr. and Mrs. Miller are planning to purchase the property and open a typing service. They plan to hire four to six employees. Mrs. Vickie Moorman, 201 S. Bluford Ave., stated she was disappointed to see this rezoning as she lives in her grandfathers house Just two lots down from the proposed rezoning and does not want commercial property so close. Mr. Randall Goolsby, 200 S. Cumberland Ave., stated he or members of his family have lived there since 1944, and obJects to the proposed rezoning. Mr. Jennings_ 237 Blu%ord Ave., also obJected to the proposed rezoning. Mr. Wayne E%urd, 203 S. Cumerland Ave., obJected to the rezoning and stated he has lived there for 26 years and suggested the commercial property be left at Hwy. 50. Comma Bateman moved to approve the Ordinance 880. Comma Hager seconded. At this time, Mayor Ison asked %or discussion %rom the Commissioners. Comma Rodgers suggested the City designate that particular area either commercial or residential. Comma Bateman stated the problem is that the lots are so small, they will end up going commercial. Mr. Kruppenbacher advised the Board that it will take three yeh votes to pass the Ordinances. The vote was taken: Comma Rodgers voted ney, Comma Bateman and Hager voted yeh. Mr. Breeze asked if this was in effect a denial or a table. Mr. Kruppenbacher stated that it was a denial, and they can not reapply for one year. ORDINANCE 881, 1.AKEDON INC., ANNEXATION City Manager Ryan read the proposed Ordinance The tract is located north of SR 50 and west adJacent to Towne Square Shopping Center. comments %rom the citizens. Comma Rodgers Ordinance 881, Comma Hager seconded, and unanimously. by title only. 1/3 of a mile. There were no moved to approve the vote carried 4 . CITY COMMISSION MEETING 3U1.Y 1, 1986 PAGE S ORDINANCE 882. WESCAR ANNEXATION City Manager Ryan read the proposed Ordinance by title only. The property contains 17.73 acres, and is located south o~ Silver Star Road, and west of Clark Road. There were no comments from the citizens. Comma Rodgers asked Mr. Kruppenbacher if the property is substantially contiguous to the City. Mr. Kruppenbacher stated the property was and Orange County did not obJect. Co~m. Hager moved to approve Ordinance 882, Comma Rodgers seconded, and the vote carried unanimously. ORDINANCE 883, CHARLES HAWTHORNE ANNEXATION ~ Mr. Ryan read the proposed Ordinance by title only. This property is located north and west of Lake Olympic and south of Silver Star Road. There is a possible enclave created by the proposed Ordinance, although the County has made no obJections, and the City Attorney recommended to go %orward. The possible enclave is two lots to the west of the subJect property: the lots have 16 %oot easements which are not su%ficient. There was a similiar situation in Orlando and the County choose not to pursuit it, but instead they came to an agreement that the City would serve the property with Police and Fire protection and water service. Mr. Henderson, Pine Street, suggested the Commission look at the intent of the State law. This is the logical progression for the City of Ocoee and those two lots have access to Silver Star Road. Comma Rodgers moved to approve Ordinance 883, Comma Hager seconded, and the motion was denied with Comma Bateman voting ney, and Comma Rodgers and Hager voting yeh. ORDINANCE 884; 30HN PIERCE ANNEXATION ~ Mr. Ryan read the proposed Ordinance by title only. The property is located south of SR 50 , north 0% the Sunshine State Pkwy. and west of Marshall Farms Road. There is a total of 19.23 acres. The County has concerns that the property is not substantially contiguous and creates an enclave. Mr. Kruppenbacher stated the property is not substantially contiguous, the road right-o%-way should not be considered in determining contiguity. Mr. John Pierce, partner, stated they have discussed this issue with the Turnpike Authority, and asked that the item be tabled until a letter is received from them. The County told them to approach the City o~ Ocoee for services ~irst and then annex the property. Ms. Christman, Orange County Planning, stated there is a problem with an enclave, and they would have to go to the County Commissioners for their feelings. Mr. Kruppenbacher recommended we get the County Commissioners ~eelings be%ore we pursue. Comma Hager moved to table 5 . CITY COMMISSION MEETING JU1.Y 1, 1986 PAGE 6 Ordinance 884, Comma Bateman seconded, and the vote carried unanimously. Items ~F~, "G~, "H~, ~I~, and ~J~ were tabled by the developer. Comm. Rodgers moved to table these items, Comma Hager seconded, and the vote carried unanimously. ORDINANCE e90: JOHN M. SEITZ ANNEXATION Mr. Ryan read the proposed Ordinance by title only. There are 23 acres o~ property involved, located southwest o~ Spring Lake and east of Ridgefield Avenue. There were no comments from the public. Comma Rodgers moved to approve Ordinance 890, Comma Bateman seconded, and the vote carried unanimously. ORDINANCE 891: JOHN M. SEITZ ANNEXATION Mr. Ryan read the proposed Ordinance by title only. There are 24.5 acres of property, located north of Silver Star Road, and east thirty feet from Clark Road Extension. There were no comments ~rom the citizens. Comma Bateman moved to approve Ordinance 891, Comma Rodgers seconded, and the vote carried unanimously. ORDINANCE 892: A1.EX C. HUNT ANNEXATION Mr. Ryan read the proposed Ordinance by title only. There are 17.5 acres of property, located west o~ Maguire Road and north o~ Robertson Road. There were no comments from the citizens. Comma Hager moved to approve Ordinance 892, Comma Bateman seconded, and the vote carried unanimously. ORDINANCE 893: ROAD RIGHTS-OF-WAY Mr. Ryan read the proposed Ordinance by title only. This Ordinance provides for road right-of-way relative to these annexations. Since some were denied, this Ordinance should be pulled and redrafted. The Commission consented to pull the Ordinance. No motion is necessary. This will be re- addressed to the ~irst meeting in August. ORDINANCE 894: ESTABLISHING DEVELOPMENT REVIEW FEES Mr. Ryan read the proposed Ordinance by title only. Comma Bateman questioned Section la, and asked the City Attorney why the alternative. Mr. Kruppenbacher stated it gives the Ordinance some flexibility in case a small developer does not have the money. Mr. Kruppenbacher ~elt that dropping this line would be a substantial change in the Ordinance. Mr. Kruppenbacher stated this concern should have been 6 . CITY COMMISSION MEETING JU1.Y 1, 1986 PAGE ? brought up at the first reading. Comma Bateman moved to approve the Ordinance, Comma Hager seconded, and the vote carried unanimously. There will be an amendment drafted to the Ordinance to drop that line in Section lA. ORDINANCE 895: ESTABLISHING MINIMUM REQUIREMENTS ON CUL-DE- SACS Mr. Ryan read the Ordinance by title only. Mr. Wagner stated basically the Ordinance increases the requirement by five feet. The Ordinance encourages looping streets versus cul- de-sacs. There were no comments from the citizens. Comma Rodgers moved to approve Ordinance 895, Comma Hager seconded, and the vote carried unanimously. ORDINANCE 896: CORRECTING AND AMENDING BUDGET ORDINANCE 843 Mr. Ryan read the proposed Ordinance by title only. There were no comments %rom the citizens. Comma Hager moved to approve Ordinance 896, Comma Bateman seconded. and the vote carried unanimously. ~ ~ I ORDINANCE 897: AMENDING BUDGET ORD. 843 PROVIDING FOR GENERAL SERVICE ACCOUNT Mr. Ryan read the Ordinance by title only. There were no comments from the citizens. Comma Hager moved to approve ordinance 897, Comma Bateman seconded, and the vote carried unanimously. OTHER BUSINESS COMMENTS FROM CITIZENS/PUB1.IC NEW BUSINESS Mr. Preston received a letter from Southern Business Group and they will be present at the July 15, 1986 meeting. The Budget Workshop meeting on July 2, 1986 will be held in the Training Room of the Community Center. CITY ATTORNEY COMMENTS FROM COMISSIONERS Comma Hager and Comma Rodgers made no comments. Comma Bateman stated now that Ocoee has a chance of having sewer facilities, Ocoee needs to get some restaurants and requested that letters be sent to some 0% the larger chains. The meeting was adJourned at 11:15 p.m.. 7 ~ , "- CITY COMMISSION MEETING JUL.Y 1, 1986 PAGE e titlL MAVOR ISON ATTEST: ___________d~ LOUDIS 8