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HomeMy WebLinkAbout07-15-86 l MINUTES OF THE CITY COMMISSION MEETING HELD JULY 15, 1986 PRESENT: Mayor Ison, Commissioners Johnson, Bateman, Hager; City Manager Ryan, City Attorney Kruppenbacher, City Engineer Kelley, City Planner Wagner, Building Official Gerace, Finance Director Poston and City Clerk Catron. ABSENT: Commissioner Rodgers CALL TO ORDER - MAYOR ISON Mayor Ison called the meeting to order at 7:30 P.M.. Commissioner Hager led everyone in prayer and Mayor Ison led the Pledge of Allegiance to the flag. PRESENTATIONS AND PROCLAMATIONS Mayor Ison asked Police Chief Brandt to come forward and he then presented a framed copy of the July 3, 1986 edition of the The Times front page to him. He explained that the article highlighting the cooperation between the Winter Garden and Ocoee Police Departments in the drug bust was a milestone in the history of the City and complimented the police department on the good work they are doing. Chief Brandt thanked everyone on behalf of the Winter Garden and Ocoee Police Departments and stated that this was just the first step for this kind of cooperation. Mayor Ison reported that the new Walmart store had opened and the manager of the store was overwhelmed by the community support. Several other stores are also open in the shopping center. The City of Ocoee Fishing Tournament that was held on June 2 on Lake Hancock was a success and our own Buddy Elmore won the first prize. APPROVALS-CONSENT AGENDA Commissioner Johnson moved to approve items A, B & C on the Consent Agenda, Commissioner Batemen seconded with the stipulation that the minutes of 7-1-86 reflect that Commissioner Johnson was absent due to the flu, and the vote carried unanimously. The items approved were as follows: A - Regular Commission Meeting Minutes of July 1, 1986; B - Workshop Commission Meeting of July 2, 1986 and C - Proposed Ordinance Amending Ordinance #894 - Development Review Fees. City Manager Ryan read the proposed ordinance by title only. OLD BUSINESS Special Staff Reports - City Engineer: City Engineer Kelley stated that he did not have anything specific for the Commission but was available if they had any questions. PUBLIC HEARINGS Frank Courtney Rezoning - City Planner Wagner pointed the property out on the map and explained that the eastern portion of the property is to be zoned R-l-AAA and the remainder of the property to be zoned R-I-A. He further ex- plained that the lots on the lake were to be 1/2 acre. Mayor Ison asked for comments from the public. Mr. R. P. Mohnacky, 7227 Brocbank, Orlando and a soon to be resident of the City of Ocoee, asked the Commission about the order - 1 - Page 2 City Commission Meeting July 15, 1986 . of business and the procedure for finding out information for the items on the agenda. Mayor Ison explained that this discussion would be out of order as this is only a Public Hearing for discussion of the rezoning but he could contact the City clerk at City Hall during working hours and he would be able to get the information he requested. There being no comment from the citizens and Commission, the Public Hearing was closed. Renaissance Investments Rezoning - City Planner Wagner pointed the property out on the map and explained that C-2 Zoning was requested for this property. Mayor Ison asked for comments from the public. There being no comments from the citizens or Commission, the Public Hearing was closed. Story Properties & U. S. Homes Corp. Rezoning - City Planner Wagner pointed the property out on the map and explained that a pun rezoning was requested for this property. Mayor Ison asked for comments from the citizens. There being no comments from the citizens or Commission, the Public Hearing was closed. SECOND READINGS & PUBLIC HEARINGS e Ordinance 898 - Comprehensive Plan Amendment (Courtney) - City Manager Ryan read the proposed ordinance by title only and Mayor Ison opened the Public Hearing. There being no comments from the citizens, the Public Hearing was closed. Attorney Kruppenbacher asked that the State Statute number referenced in the Ordinance be changed from 163.3184 to 163.3187 in all of the plan amendment ordinances. He stated that this was not a substantial change and would not affect the hearing process. Mayor Ison explained that it would take three affirmative votes in order to pass any of the ordinances. Commissioner Bateman asked about the 75' lots and the 1200 square foot homes as it was not indicated in this request. Attorney Kruppenbacher asked Frank Courtney if he would enter into a developer's agreement on the matter of Commissioner Bateman's concern. Mr. Courtney stated that we would agree to the developer's agreement. Commissioner Bateman moved to approve Ordinance #898 on the basis of the developer's agreement, Commissioner Hager seconded and the vote carried unanimously. Ordinance 899 - Comprehensive Plan Amendment (Renaissance) - City Manager Ryan read the proposed ordinance by title only, City Planner Wagner pointed the property out on the map and Mayor Ison opened up the Public Hearing. There being no comments from the citizens, the Public Hearing was closed. Commissioners Bateman and Hager expressed concern on the depth of the commercial zoning. Mayor Ison and Commissioner Johnson stated that this had been discussed previously and a buffer zone had been suggested. City Planner Wagner explained that if a change was made at this point, we would probably begin with another Public Hearing as this would be a substantial change. Scott Henderson, representative for Renaissance Investments, stated that he would be willing to sit down with staff and discuss their concerns. City Attorney Kruppenbacher said that they could table the Public Hearing and continue it until 8-5-86 since no one had left the room during the Public Hearing. Commissioner Hager moved to continue the Public Hearing on Ordinance 899 until the next regular scheduled Commission Meeting on August 5, 1986, Commissioner Bateman seconded and the vote carried unanimously. . Ordinance 900 - Comprehensive Plan Amendment (Story & u.S. Homes) - City Manager Ryan read the proposed ordinance by title only, City Planner Wagner - 2 - . Page 3 City Commission Meeting July 15, 1986 e pointed the property out on the map and explained that there were two amendment ordinances concerning the property, and then Mayor Ison opened up the Public Hearing. There were no comments from the citizens present. Commissioner Bateman expressed concern over the proposed PUD plat that was attached to the ordinance. He stated for the record that he was opposed to this master plan. City Attorney Kruppenbacher and City Planner Wagner explained that the PUD plan was attached for information only and that they were only dealing with the zoning of the land at this time and would deal with the PUD Master Plan at some time in the future. Commissioner Bateman questioned the date of 8-19-86 on the rezoning ordinance. City Planner Wagner explained that this was an error and that a PUD rezoning cannot be approved until the City Commission approves the Master Plan. City Manager Ryan further explained that by approving the Comprehensive Plan Amendment we are not approvirigthe PUD }~ster Plan. Commissioner Bateman stated that he wanted the developers to know up front how the Commission feels. Mayor Ison also stated that he did not like PUD's disguised under zero lot lines. City Planner Wagner explained that all they needed to act on was the Residential and Commercial and Attorney Kruppenbacher said that we are "putting the cart before the horse - we are not saying how developed now - that will be decided at a future date ". Mayor Ison asked for a motion to approve only the Comprehensive Land Use Amendment to set up a land use category. Commissioner Hager moved to approve Ordinance 900, Compre- hensive Plan Amendment, Commissioner Johnson seconded and the vote carried unanimously. RECESS: Mayor Ison called for a recess at 8:30 P.M. CALL TO ORDER: Mayor Ison called the meeting back to order at 8:45 P.M. Ordinance 901 - Comprehensive Plan Amendment (Story & U.S. Homes) - City Manager Ryan read the proposed ordinance by title only, City Planner Wagner pointed the property out on the map and Mayor Ison opened up the Public Hearing. There were no comments from the citizens present. Commissioner Bateman questioned the area of Commercial along Clark Road. City Planner Wagner explained that it went 660' along Clark Road Extended and the property was L-shaped. Commissioner Johnson moved to approve Ordinance 901, Commissioner Bateman seconded and the vote carried unanimously. Ordinance 902 - Amending Pension Plan Ordinance 877 - City Manager Ryan read the proposed ordinance by title only. Mayor Ison opened up the Public Hearing. There were no comments from the citizens. Mayor Ison asked Commission- er Bateman if he had any comments. He just stated that he did not understand the age question and the paragraph in Mrs. Bowers' letter of June 26, 1986. Finance Director Ivan Poston stated that Rene' Bowers of Southern Business Group was present if anyone had any questions of her. Commissioner Hager moved to approve Ordinance 902, Commissioner Bateman seconded and the vote carried unanimously. OTHER BUSINESS . Report on Health Hazard Homes in Forest Oaks - Building Official Sam Gerace reported that he had received a copy of a report from the Department of Health and Rehabilitative Services. There were only .03 parts of formal- dehyde per million parts of air and, according to their standards, this is not - 3 - e Page 4 City Commission Meeting July 15~ 1986 a health hazard. He further explained that they were waiting on a report for the fiberglass content. Commissioner Bateman stated that he had a real problem with this as two county people said the fiberglass and formaldehyde were beyond the norm of being safe in this home and he also heard there were two other complaints. Building Offical Gerace stated that the bottom plate had not been sealed properly and he also felt that part of the problem may be that the lady in the home has an allergy problem. He had been told that the level of toxin was not enough to condemn the home. Commissioner Bateman said that he respected Mr. Gerace's comments but the matter was very confusing. He felt the Rogers family should seek outside help even if it means TV coverage. COMMENTS FROM CITIZENS/PUBLIC e Tom West and Grady Barker were present and asked to speak to the Commission about the Commercial Net Fishing being done in the lakes. Tom West explained that he had been a resident for 67 years except for a 5 year term in the Army. He asked the Commission if there was anything they could do to stop the commercial net fishing in the lakes. He stated that they were out in the lakes late at night, using bad language and the noise of the motors keeping them awake at night. He lives on Deep Lake. Commissioner Bateman also stated they were in Starke Lake and causing the same kind of problems. Mayor Ison said that the State Biologists have been concerned with the lakes due to the experiment they were doing and maybe they should be contacted. He asked Mr. West what he pro- posed. Mr. West asked if they could pass some type of emergency ordinance to prohibit the net fishing. Attorney Kruppenbacher stated if the Commission wants to pass an emergency ordinance, he would like a 10 minute recess so he and City Manager Ryan could work on one. Mr. West and the Commission also ex- pressed concern over the dead fish that were beginning to show up in the lakes and the health hazard that could exist. Mayor Ison then called for a recess. RECESS: 9:05 P.M. CALL TO ORDER: 9: 30 P.M. Attorney Kruppenbacher stated that they had called the State Attorney's office to see if they had any laws to prohibit the net fishing and he did not vow for the legality of the Ordinance; therefore this emergency ordinance will be in effect until August 6, 1986 so an ordinance can be presented at the August 5, 1986 regular commission meeting. Attorney Kruppenbacher read the Emergency Ordinance #903 in its entirety. Signs are to be posted as soon as possible on Wednesday and he advised the Chief of Police to initially give warnings with handbills placed on the vehicles parked at the ramps. Commissioner Bateman moved to approve Emergency Ordinance #903 as presented, Commissioner Johnson seconded and the vote carried unanimously. Grady Barker and Tom West thanked the Commission for taking care of this problem. NEW BUSINESS . Cablevision Industries of Central Florida~ Inc. - Attorney Kruppenbacher requested this item be tabled until he has a chance to look into it. - 4 - e Page 5 City Commission Meeting July 15, 1986 Sale of American LaFrance Fire Engine - Ocoee Fire Chief Ron Strosnider requested authorization from the Commission to start the bidding process for this fire engine. He stated that is is not serviceable as a fire engine or pumper, and he provided the Commission with approximate costs for repairs. He and the shop superintendent, Loyd Bowen, both agreed that the cost is prohibitive for the age on this engine. Commissioner Bateman moved to authorize the Chief to take the necessary action to put the fire engine up for bids, Commissioner Johnson seconded and the vote carried unanimously. e Use of City Facilities for Red Cross Shelters - The Central Florida Chapter of the American Red Cross has requested the use of our facilites for mass care shelters in the case of an emergency/disaster. The only concern of the Commission was that there be enough people to man the shelters. The Red Cross will hold a seminar dealing with disaster preparedness and Lt. Creech, head of the disaster plan for the City of Ocoee, feels we can draw support from the various organizations in the community. Mayor Ison stated that we should keep the lines of communications open to the school system and said we should call Bob Cascadden of the school system. Commissioner Bateman said that the City has a professional program and complimented Police Captain John Boyd and Fire Lt. J. Creech for their presentation to the Kiwanis Club. Commissioner Bateman moved to approve the Statement of Agreement from the Central Florida Chapter of the American Red Cross for the use of our facilities, Commissioner Johnson seconded and the vote carried unanimously. REPORTS AND INFORMATION - CITY MANAGER City Manager Ryan gave the Commission a status report on the items on the follow-up agenda report from the July 1, 1986 meeting. CITY ATl'ORNEY - Nothing to report. COMMENTS FROM COMMISSIONERS Commissioner Johnson asked the Commission how they felt about establishing a Recreation Advisory Board for the City. He would like to see a board set up so guidelines can be set for different programs. The Commissioners and Mayor were in favor of the board if they can find citizens interested in serving on the board. They feel they can get a good cross section from the community by getting members from the West Orange Girls Club, Senior League Football, and all the other sport organizations in Ocoee. City Manager Ryan suggested that a sample ordinance be presented to the Commission and Commissioner Johnson could assist the staff with guidelines to be implemented in the ordinance. Commissioner Bateman suggested that the board consist of no more that 5 members and each Commissioner appoint one member. . Commissioner Hager asked the staff to check into the vacant house on the corner of Taylor and Lee and see if the owner can be located so it can be fixed-up or torn down as it is a hazard. Commissioner Bateman requested that City Manager Ryan and City Planner Wagner take a look at the zoning code and come up with a recommendation for minimum lot sizes of 75' and minimum square footage of 1200 sq. ft. - 5 - . Page 6 City Commission Meeting July 15, 1986 Commissioner Johnson said that he had had his turn but he requested that staff to check with Orange County about the block wall that was allowed to be put up on Yusuf Mohamad's property on A. D. Mims Road. The wall is a hazard and he stated he could not understand the County allowing 6' and 8' walls to be buH t . Mayor Ison asked that the Commission now take a look at impact fees again. With all the growth that is taking place, we have a legal obligation to make the growth pay its own way. Attorney Kruppenbacher said that the matter of the impact fees had been put on the back burner and asked for guidance from the Commission on the direction they want him to go. The Commissioners were all in agreement that they needed to proceed with the impact fees and do them all at one time. Attorney Kruppenbacher and City Manager Ryan will get together and meet with Home Builder's Association and then proceed with the Commission's request. He also stated that they needed to make it clear to developers, etc., that the Commission is not interested in zero lot lines. Due to the problem with the Commercial fishing on the lakes, Mayor Ison suggested we take a look at the lakes and the regulations concerning them. The meeting adjourned at 10:20 P.M.. - ~UL ~~ City Clerk Mayor - 6 -