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HomeMy WebLinkAbout09-02-86 MINUTES OF THE CITY COMMISSION MEETING HELD SEPTEMBER 2. 1986 e Mayor Ison called the Commissioner Hager led the Pledge 0% Allegiance meeting to order at 8:42 p.m.. in the prayer and Mayor Ison led in to the %lag. PRESENT: Mayor Ison. Commissioners Johnson. Bateman and Hager. City Attorney Kruppenbacher. City Engineer Kelley. City Manager Ryan, Finance Director Poston, City Clerk Catron, Water Superintendent Cockrell and Deputy Clerk Green. ABSENT: None PRESENTATIONS AND PROCLAMATIONS: None e APPROVALS-CONSENT AGENDA Commissioner Johnson moved to approve all item. on the Consent Agenda and Commissioner Hager seconded. Attorney Kruppenbacher explained that the ~ee 0% S100/sq. ~t. replacement cost that was in the proposed ordinance %or Excavating/Street Opening was a %lexible ~igure. Ue suggested the City Engineer and City Manager determine an appropriate charge per linear %oot and aince this would be a decrease in the amount, it would not be a auatantial change and we could proceed with the second reading and public hearing. The motion waa unanimously approved. The itema approved were as ~ollows: A - Regular Commiasion Meeting Minutes 0% 8-19-86; B - Workshop Meeting Minutea 0% 8-19-86; C - Propoaed Ordinance. Adopting the Budget ~or 1986/87. First Reading; D - Proposed Ordinance, Establishing a Millage Rate %or 1986/87. First Reading; E - Proposed Ordinance, Excavating/Street Opening Permits. Firat Reading; F Proposed Ordinance. Adopting a Five Year Capital Improvement Program, First Reading; and G - Proclamation 86-07. Dr. Edward Brad%ord and Dr. Albert Gleason Week. City Manager Ryan read the proposed ordinance. C through F by title only. He then read Proclamation 86-07 in its entirety which acknowledged the many contribution. 0% Dr. Brad%ord and Dr. Gleason to the West Orange Community and proclaimed the week 0% September 7-14. 1986 as Dr. Edward Brad%ord and Dr. Albert Gleason Week. Mayor Ison and Commissioner Hager both com.ented that this was a timely tribute to these two doctors whose unsel%iah contributions ~or a combined total 0% seventy-%ive years had bene%itted so many West Orange Citizens. OLD 8USINESS e A. REPORT ON PRIMA VISTA UTILITIES - City Attorney Mayor Iaon requeated that this item be moved %rom Item VIII.B to Item A under Old Business since he told the citizens 0% Spring Lake Circle this report would appear earlier on the agenda. City Attorney Kruppenbacher reported that City 1 e Peg. 2 Ci~y Coaai..ion M..~ing S.p~.ab.r 2. 1986 Manager Ryan had con~acted Prima Vista Utilities regarding: 1 - The isaue 02 whether or not they would convey to the City the 800~ area 0% land which encompaaaes the two retention ponds, and 2 - The iaaue 0% maintenance and sa%ety 02 the ponds. In conversation with Pri.a Vista, they stated that they were not prepared to donate the land to the city because the cost 0% .oving the ponds would cost in excess 0% Sl,OOO,OOO, but they would make an e%%ort to maintain the ponds in a more palatable condition. e Mr. Kruppenbacher reaeached the legalities to determine what rights and options were open to the city and stated the ~acts as he knew them: the area waa zoned %ive years ago and by the %act that construction was going on the property owners were clearly on notice that the plant and ponda were being constructed. He explained that this would make it almost impoasible %or the city as plainti~% to win in litigation against Priaa Viata Utilities. Although the city does not have the authority to require removal 0% the ponds as a aa%ety hazard, it can, along with DER, require that they maintain them in a aa~e and proper condition. The city may consider conde.nation 0% land %or govenaental purposes i% it will ben.~it all 0% the people, auch aa a park, but would not be able to condean land %or a ~ew property ownera so they would be able to receive FHA ~inancing. Mr. Jerry Sims, 609 Spring Lake Circle, stated that coaplaints had been made to City Hall at the time this was being done, but the calla were not docuaented. The residents o~ the Spring Lake Circle area contend that the ponda have raiaed the water table and cauae the aevere drainage problema that they have had. Mr. Sims expresaed concern over the monies that had been spent by the City this auaaer in trying to solve the problea. He requested that the City check into this and determine i% the ponds are cauaing the drainage problema. City Angineer Kelley was asked to look into thia problem and report back at the next meeting. Mayor Iaon also suggested checking with DER to saa i% they have any in%ormation on this situation. The unke.pt appearance 0% tha ponds and property o~ Prima Vista is another complaint 0% the residents in the area. City Managar Ryan requested that the residents document %uture violations and aubmit to City Hall. Cathy Pollock, Jean Sima and Nickie Orras, residents 0% the Spring Lake Circle area also spoke 0% their concerns with PVU. e City Attorney Kruppenbacker advised the residents to seek aasistance %rom DER also and %rom a private attorney. He aasured them ~hat conditions a~~ectin9 the health and aa~ety 2 e Pag. 3 Ci~y Co..i..ion K..~ing S.p~..b.r 2. 198& o~ Ocoee Co..ission be placed Meeting. citizens would be a primary concern o~ the City and Sta%%. Mayor Ison requested that this issue under Old Buainess on the agenda ~or the 9-16-86 PUBLIC HEARING ON PROPOSED BUDGET & MILLAGE Mayor Ison explained that aa a point 0% order, we need a Public Hearing on the propoaed budget and millage ~or 1986/87. H. then opened up the Public Hearing and there being no comments cloaed the hearing. He noted that the millage rate 0% 2.90 mill. was a reduction %rom the previous year. e B. SPECIAL STAFF REPORTS - City Engineer City Engineer Kelley reported that work on the sewage collection aystem %or the Industrial Park is essentially completed. He needa to meet with City Manager Ryan to %inalize it. Mayor Ison asked that it be placed on a %ollow- up agenda. The Mayor also requeated that Mr. Kelley coordinate a site visit to Prima Viata with one by a DER representative. Commiaaioner Hager aaked i% the pipes have been sealed where the sur%ace water was a problem. Mr. Kelley con%irmed that they had been aealed. C. PUBLIC HEARINGS/SECOND READINGS Ordinanc. 908. For..~ion oz a R.cr..~ion Board City Manager Ryan read the proposed ordinance by title only. Aa there were no commenta, the Public Hearing was closed. Co.miasioner Bate.an moved to approve Ordinance 908, Co.miasioner Johnaon aeconded, and the motion carried unanimously. Co.missioners will bring no.inations %or the board to the next meeting. RECESS: Mayor Ison requested recess at 10:00 P.M.. CALL TO ORDER: Mayor Iaon called the meeting back to order at 10:15 P.M.. e D. OTHER aUSINESS R.por~ on Modizication of For..t O.k. Sit. Pl.n. Ph... II City Manager Ryan reported that Wayne Rich, City Planner Wagner, and he had met with Ceorge Cole, Orange County Engineer, and there was no signi~icant change %rom the County~s previously stated position - at the time Rich Drive accesses Hackney Prairie Road, it will have to be paved. However, the County will approve a mutually agreed upon su. to be deposited by the developer in an escrow/trust account with the City ~or ~uture paving 0% the road. Alao, Mr. Ryan suggested a %urther proviso %or a sum to be contributed by the developer to a recreation trust ~und, aa 3 e Pag. 4 Ci~y Coaaiaaion M..~in9 S.p~..b.r 2. 198& the recreetional eree thet hes been set eaide ~or e city perk by Forest Oaks would have to be passive. Mr. Ryan indicated stai'i'''s concerns with "ga..e rule changes" when a development is 80/90% co..plete but stai'i'''s pri..ary responsibility is to see that the City is protected. Mr. Rich summarized tha developer~s position end requested limited egress and ingress to Heckney Prairie Road with an appropriate i'ence and "crash gate" i'or e..ergency vehicles at Rich Drive and agreed to deposit a proportionate sum oi' money in an escrow account with the City i'or ~uture paving 0% Hackney Prairie Road. The issue oi' the railroad crossing will have to be worked out at some %uture date since even the DDT did not have any plans at this tiae. Co....i..ioner Johnson ..oved to approve the ..odii'ication o~ the Forest Oaks Site Plan. Pha.e II. .ubJect to the City Stai'i' working out the escrow i'und and any other appropriate issues that have to be resolved. Co....i..iner Hager seconded and the ..otion carried unani..ously. e COMMENTS FROM CITIZENS/PUBLIC Mr. Joe Marbais. 101 Cypress Key Court. Dcoae. complained about vehicle. being lei't on city streets without tires. etc. and the length 0% time it took the city to resond. Mr. John Linebarier. Chair..an oi' the Code Eni'orce..ent Board ~or the City 0% Dcoee. asked i'or a more dei'inite method oi' dii'i'erentiating between abandoned/Junk vehicles and antique vehicles. Mr. To.. Slimick. 408 E. Lakeshore Drive. Dcoee. reported that a boat trailer was parked in the street and caused a hazard. The City Stai'i' will check into it and handle the proble... The City attorney. City Manager and the Police Department are to meet rei'erence the time i'rames ~or handling the abandoned/Junk vehicles on public property and report back at the meeting on September 16. 1986. MIW aUSINISS A. RECOMMENDATION/APPOINTMENT TO FILL VACANCY ON COMMISSION Co....issioner Johnson ..oved to no..inate J. Lester Dabbs. Jr.. 800 Ridgei'ield Ave.. Dcoee. to i'ill the vacancy on the Co....ission. Co....issioner Bate..an seconded and the ..otion carried unanimously. Mr. Dabbs will be sworn in on Wednesday. September 3. 1986 at 6:30 p.... in City Hall. . B. DISCUSSION OF RECYCLING PROGRAM - Robert Wallick Mr. Robert Wallick. 0% Robert Wallick Associates. Inc.. Winter Carden. presented a briei' overview oi' a program ~or separate collection oi' recyclables and trash. Householders would be required to separate paper. glass and ..etal i'ro.. their regular garbage. In the view 0% the Commissioners. 4 e Peg. 5 Ci~y Coaai..ion "..~in9 S.p~.ab.r 2. 198& nei~her volun~ary nor manda~ory par~icipa~ion by houaeholders ia likely to be workable. City Manager Ryan and the Sani~ation Supervisor will mee~ wi~h Mr. Wallick to see i~ a workable plan can be devised and submit it to the Commission. e C. VARIANCE REQUEST - J. Al~on Julian J. Al~on Julian. Pre.iden~ 0% DaRae Builder.. io reques~ing a Variance in order to allow ~urther subdividing o~ the duplex lo~s in Harbour Highlands II in~o ~wo halves wi~h 37 1/2~ ~rontage. 3.750 sq. ~~. size lot and zero lot line. Mr. Julian is reques~ing ~hi. Variance because several elderly citizens want to buy one o~ the duplexes instead o~ having to purchase the whole uni~ o~ two duplexes. Bill A.ma. at~orney ~or DeRae Builders. sta~ed that the proper~y is already zoned and ~he pla~ approved ~or the duplexea. the only change would be two deeds instead o~ one. The deeds would be ~ee simple wi~h a common wall and roo~ area b.~ween ~he ~wo duplexea. He reques~ed that the City Commission approve ~he request as the Board 0% AdJua~men~ had recommended approval o~ ~he requea~. Tom Sliaick. 408 E. Lakeshore Drive. President 0% Sleepy Harbour Homeownera Associa~ion. a~a~ed tha~ he and o~her members o~ the association were in opposition to this requeat and asked ~he Coamiaaion ~o deny ~he Variance Request. Darrell Wol~e. 710 E. Lakeshore Drive. indicated ~hat he did no~ think the Variance would aake a di~~erence but was very concerned about the proximity o~ the sewer ~acility to the planned development. Gary Carroll. 712 E. Lakeshore Drive. requested the Commission approve the request aa he did no~ believe the a~~ect on ~he tax baae would be signi%icant. Vernon Combs. 310 Sabinal. a meaber 0% the Board o~ AdJustmen~. auppor~ed approval o~ the request aa a board aeaber and a resident. Anne Stakemiller. 715 E. Lake.hore Drive. a~ated that the aale o~ the individual units would not guarantee that the property would not be ren~ed. . Ci~y Planner Wagner de%inad the general paraae~era %or granting a Variance as atated in Chapter VI. Section 1 (112). "A relaxa~ion o~ the ~eras o~ the Zoning Ordinance where such Variance would not be con~rary to the public interest and where. owing ~o the applican~. a literal en~orcemen~ o~ the ordinance would result in unnecessary and undue hardship. As uaed in ~his ordinance. a Variance ia au~horized only ~or height. area and size o~ structure or size o~ yards and open apacea; ea~abliah.ent or expansion o~ a uae o~herwise prohibited ahall not be allowed by Variance. nor shall a Variance be gran~ed because o~ the presence o~ noncon~or.ities in the zoning district or uses in an adJoining zoning dis~rict". 5 e Page 6 Ci~y Co..ieeion Mee~ing Sep~e.ber 2. 1986 Commissioner Bateman stated that he did not ~eel the Variance quali~ied under the de~inition as given by Mr. Wagner. He asked the City Planner how many R-3 zonings are pending which could come back on us i~ this Variance is granted. Mr. Wagner replied that three were under current discussion and two or three others could be a~~ected. He summarized the issues requiring Variance as: 1) Zero lot lines; 2) Lower ~rontage; and 3) Smaller lot size. City Attorney Kruppenbacher noted ~rom Chapter II. Section 4.5~ Subsection 3~ o~ the Zoning Ordinance that the Variance requested does not .eet the criteria ~or granting o~ variance as no special conditions or circumstances exist ~or the land involved~ the special conditions result ~rom the applicants own actions. and to grant the Variance would grant priviledge to this applicant not a~~orded to others in similar zoning. Commissioners Bateman and Hager stated that they could not and would not vote ~or zero lot lines in the City o~ Ocoee. Commissioner Bateman moved to deny the request ~or Variance based on Zoning Ordinance Chapter 2~ Section 4,5~ Subsection 3~ Commissioner Hager seconded the motion~ and the motion carried unanimously. e REPORTS AND INFORMATION - Ci~y Manager A. Repor~ on Police Depar~.en~ Inquiry City Manager Ryan said that he had talked with the ~ormer secretary and reviewed documentary evidence~ and could ~ind no basis ~or any allegations 0% any involvement by Co.missioners in the hiring practices o~ the City. He ~ound no evidence o~ wrong-doing by any individual or individuals~ but perhaps there was overreaction on the part o~ the ~ormer sta~% member. 8. Follow-up Agenda The reception %or ~ormer Commissioner been arranged because 0% his schedule. continue to try to do so. Mayor Ison ordered %or Mr. Rodgers. Rodgers has not yet The City Manager will requested a plaque be CITY ATTORNEY A. Report on .poke.per.on %or dealing with ..dia This matter has been reaolved. The City Attorney met the City Manager and this matter is being handled at sta%% level with the City Manager. with the COMMENTS FROM COMMISSIONERS . Mayor Ison asked the Commissioners to meet at 6:00 P.M. on 6 - Page 7 Ci~y Coaai..ion M..~ing S.p~.ab.r 2. 1986 Sept.mber 16th at the Ocoee Community Center ~or the Orange County Civil Emergency Department to taka 1.0. pictures. The Mayor a_ked the City Attorney i~ he could check with Attorney Lang to ~ind out where we stand on the ~inalized agreement with Prima Vista. There were no other comments ~rom Commissioners. The meeting adJourned at 11:50 P.M.. ::1LlL Mayor - __m..~_rA~_______ Deputy Clerk . 7 THOMAS R. ISON TELEPHONE 656-2322 MAYOR' COMMISSIONER - CITY OF OCOEE 150 S. LAKESHORE DRIVE OCOEE, FLORIDA 32761 COMMISSIONERS RUSTY JOHNSON RALPH RODGERS JOHN BATEMAN VARD J. HAGER OATH OF OFFICE I, Lester Dabbs , do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and the State of Ie Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to same, that I am entitled to hold office under the Constitution; that I will faithfully perform all duties of Commissioner of the City of Ocoee, on which I am about to enter, so help me God. ~ Lester Dabbs Sworn to and subscribed before me this 3rd Day of :;c~ Helen Catron, City Clerk . "CENTER OF GOOD LIVING - THE PRIDE OF WEST ORANGE" TEDDY C. RYAN, JR. CITY MAI'o.AGER ORANGE COUNTY