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HomeMy WebLinkAbout12-16-86 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON DECEMBER 16, 1986 . Mayot"' ISOYI called t he meet i Ylg to ot"'det"' at 7:30 P.M. aY,d led iYI prayer aYld pledge of allegiance to the flag. PRESENT: Mayor Ison, Commissioners Johnson(arrived at 9:10 P.M.), Dabbs, Bateman and Hager, City Attorney Kruppenbacher, City Engineers Kelley and Merkle, City Manager Ryan, City Plannet"' Wagner, City Clerk Catron, Water Superintendent Cockrell, Building Official Hurst and Deputy Clerk Green. ABSENT: NC'Yle PRESENTATIONS AND PROCLAMATIONS The mi Ylutes Oct o bet"' 28, of the Planning and Zoning Board Meeting 1986 were submitted for information only. of Mayor Ison presented a plaque to Merit and expressed the City's appreciation City as a member of the Merit Board. not present to receive their plaques. Board Member Pat Bond for her service to the The other members were APPROVALS - CONSENT AGENDA - Commissioner Bateman moved to approve items A through D on the Consent Agenda, Commissioner Dabbs seconded and the motion carried unanimously. The items approved were as fol- lows: A - Regular Commission Meeting Minutes of 12-2-86, B - Workshop Commission Meeting Minutes of 12-2-86, C - Special Session Commission Meeting Minutes of 12-9-86, and D- Renewal of Security Trailer at Teak Isle, 401 Capitol Ct., Ocoee, FL. OLD BUSINESS A. Special Staff Reports WEST ORANGE MEMORIAL HOSPITAL/HELLER BROTHERS DEVELOPERS AGREEMENTS Mayor Ison asked the Commissioners if they had a problem with moving this item up on the agenda because Mark Robitaille, representing WOMH, had another committment tonight and would like to leave as soon as possible. The Commissioners all agreed to move this item up as requested. -- City Planner Wagner explained that upon approval of the Preliminary Subdivision Plan and Final Site Plan and Plat there were several items the landowner had agreed to do. Some changes were also made in the plans that required a drainage easement across the Heller property; therefore, they have both worked up developers agreements and staff feels all the concerns of the Commission have been addressed with the exception of paragraph 5 in the WOMH Developers Agreement. 1 ...."". .~ -"'.,-..~_. ",,.- e Peg. 2 City Coaaiaaion Meeting Deceaber 16. 1986 This had been added to take care of the drainage easement and should be approved subJect to review by Attorney Kruppenbacher. Co.aissioner Bateman questioned the 25-year, 6-hour storm event mentioned in the Heller Brothers agreement. He wanted to make sure they were taking care of the total run-off. Mr. Wagner said he would hsve to defer to the Engineers as this was agreed upon by their engineer and our engineer. Mr. Merkle explained that the subdivision regulations allow for different design storms and they were satisfied with the drainage since the hospital will be on the highest area of the lot and two feet of fill will be added. Co.missioner Hager added his concerns with the drainage because this area is low. Rick Merkle, when asked by City Attorney Kruppenbacker if he was concerned with flooding, stated that he did not for see any flooding problems. Com.issioner Bateman moved to approve the West Orange Memorial Hospital/Heller Brothers Developers Agreements subJect to ratification by the City Attorney and City Manager, Coaaissioner Hager seconded and the aotion was approved unanimously. FINAL ENGINEERING PLANS APPROVAL - ORANGE TREE N. DYKGRAAF PLAZA e . City Planner Wagner explained that the plans were submitted about a year ago and several changes have been aade in the plans since that time. Mr. Dykgraaf has complied with every- thing that has been requested and staff is satisfied with the plans. Coaaissioner Dabbs stated that he was not here in 1985 and wanted to know what the concerns were. Rick Merkle explained that the items of concern were drainage. ingress/egress(access to the property), water looping and 101 right-of-way on Maguire Road and these items have been addressed. Commissioner Bateman questioned the grade on parking spaces 50 through 65 and asked why this grade was necessary and if it was a safe engineering design. Mr. Merkle explained that the 3 to 1 slope on the drainage swale/ditch in the 101 right-of-way dictated the slope of the front elevation. If they required more than the 3 to 1 slope the ditch would be hard to maintain but if they wanted they could require more of a slope in order to eliminate the slope in those parking spaces. Mayor leon suggested approving the plans subJect to redesigning those 15 parking spaces. Co.missioner Dabbs moved to approve the Final Engineering Plans for Orange Tree Plaza subJect to subaission of revised plans to redo the South 15 parking spaces to eliminate the crest and create uniform slope of the parking area, Commissioner Bateman seconded and the motion carried unanimously. 2 __~--.J>._ "'" ,---- e Page 3 City Co..i..ion Meeting Dece.ber 16. 1986 B. PUBLIC HEARINGS AND SECOND READINGS Ordinance 93S. Gregory P. Sa.ano Annexation Kayor Ison explained the Public Hearing process and opened the Public Hearing. City Kanager Ryan read the ordinance by title only and City Planner Wagner pointed the property out on the map. The property is located next to the Prairie Lake P.U.D. at the Western terminus of Hackney Prairie Road and contains 37 acres. Staff recommends approval of the annexation request since the property is in our reserve area and would accommodate the future expansion of Hackney Prairie Road. Commissioner Bateman moved to approve Ordinance 935 as submitted, Commissioner Hager seconded and the motion was carried unanimously. C. PUBLIC HEARINGS - SUBDIVISIONS Preli.inary Subdivi.ion Plan Approval - Hodge. Bolin Ranch - City Planner Wagner explained that this parcel was annexed concurrently with the Bolin tract and has A-1 zoning. On December 9, 1986, the Planning and Zoning Board recommended approval of this subdivision subJect to staff comments. The fire department is satisfied with the private drive access and a new fire hydrant will be installed for the two dwellings. The water is available on the property due to the line installed for the Carriage Oaks Subdivision. The private drive will be accessed through Starr Drive which is a paved public street. The private drive does not have to be paved because it is private. Mayor Ison asked the City Planner and City Manager for suggestions. Mr. Ryan stated that a review of the minutes seemed to indicate the intention was to use the property in this manner and as long as the private drive is established, the public road paved and adequate access is assured, then it would be appropriate. The Mayor, Commissioners, and Attorney Kruppenbacher expressed concern over the private drive and what would happen if other homes were to be built along the private drive which is a definite possibility. Attorney Kruppenbacher suggested the City develop a policy on whether to allow "private drives/streets" as most cities do not allow this. Because of the emergency access question, he stated they should require a document from the owner relieving the City of any liability. He then questioned whether they could table the matter until a policy is established. Ted Bolin asked what the emergency vehicles would do if a homeowner had a long driveway with a locked gate. Attorney Kruppenbacher explained that this was different since hoaes would not be built along the private drive. Commissioner Hager moved to e 3 e Peg. 4 City Coaai..ion M..ting D.c..b.r 16. 1986 table until January 6, 1987 Meeting, seconded by Com.issioner Bate.an and the motion carried unanimously. D. MODIFICATION FOREST OAKS SITE PLAN, PHASE II - W. Rich City Manager Ryan sum.arized the events leading up to this .eeting. He explained that this item had been previously scheduled for the 12-2-86 meeting but Just prior to the .eeting he had received a cost estimate for the paving of Hackney Prairie Road and did not have time to go over the figures. In discussion with Mr. Rich, who agreed to postpone the matter and requested a workshop, Mr. Ryan told Mr. Rich that the Commission was having a workshop on December 9, 1986, and asked him to attend that meeting. Mr. Ryan further stated that there were three options open to them as explained at the Special Session on the 9th: to allow the .odification to stand; to rescind the modification and require Rich Drive to be extended through; or to support the staff position requiring him to pave a proportionate share of 15~ or $90.000.00 for the paving of Hackney Prairie. - Wayne Rich asked the Commission to recall the meeting of 9- 2-86 where they agreed to the modification of the site plan for Phase II. He explained that the original plans for Forest Oaks Development did not include the paving of Hackney Prairie Road and at that time the a.ount he would be responsible for was not specified. He explained that he only had $50,000.00 to apply to the paving of Hackney Prairie Road, as his proJect is 85~ complete and he is dealing with finite budget ite.s. He feels that the estimated cost is not accurate. There are .any items not taken into consideration. In the interim, a temporary cul-de-sac and crash gate have been installed, and he feels he has an inequitable situation. Commissioner Bateman reminded Mr. Rich that when he ca.e before them on 9-2-86 he was faced with dealing with the County and an $80,000.00 to $90,000.00 expense for the railroad crossing and was aware that as soon as Rich Drive was "punched through" that Hackney Prairie would have to be paved. Also Mr. Rich had received a letter from Orange County explaining this condition so this experience was not new to him. We could go back to where we were prior to 9- 2-86 and Mr. Rich could deal with Orange County. Mr. Rich stated that he was aware of the situation but not the ".onies.u He was astonished at the amount. What we are "boiling down to" is the proportionate amount and how to derive the amount to be used. - Mayor Ison said this should be a good "history lesson" for us and in the future to nail down all of these items so that everyone knows "up front" what the costs and requirements are going to be. City Manager Ryan asked what the plans showed 4 e Peg- S Ci~y Coaai..ion Mee~ing Dece.ber 16. 1986 and was told the Hackney Prairie conferring with issue. plans showed Rich Drive "punched through" to Road. There was some discussion about Orange County about the Hackney Prairie COMmissioner Johnson arrived at 9:10 P.M. and Mayor asked for a short recess to enable City Manager to brief him on the issues under discussion. Ison Ryan RECESS: 9:10 P.M. CALL BACK TO ORDER: 9:35 P.M. Wayne Rich explained to Commissioner Bateman that they were not dealing with finite nuabers. Mayor Ison asked City Engineer Kelley what the cost estimate would be for the design, surveys, permits, storM water, etc. for the paving of Hackney Prairie Road. Mr. Kelley stated that it would be difficult to determine but may be in the range of 9~ to 14~ of the cost of paving the road. -- Attorney Kruppenbacher expressed concern over the lack of county representation regarding the paving of Hackney Prairie Road. He suggested that if the city did not have something in "black and white" froll the county and initiated the paving, the city could incur an implied responsibility for Hackney Prairie Road which at this time is a county road. He suggested that Mr. Rich post a $50,000.00 bond or letter of credit designating payment towards off-site improvements of the existing development and that the City Manager confer with Orange County on their long range plans for Hackney Prairie Road. Mr. Kruppenbacher further stated that Mr. Richls responsibility could remain "open-ended" by specifying that this was not the full extent of his share. Mayor Ison suggested that the landowners along Hackney Prairie be contacted to encourage them to annex into the city so that we can control and .anage the area and, as he has recommended before, get out of the "pro-rata" share business. Wayne Rich asked how the "open-end" was going to be resolved. Commissioner Bateman questioned Mr. Rich on what he felt his share would be if no one built West of his property and how he would resolve the railroad crossing issue with Orange County. Mr. Rich stated that he only felt responsible for the 50 lots in Phase III as far as the paving of Hackney Prairie Rd.. Attorney Kruppenbacher again reiterated his proposal that the monies be deposited by the city and designated as off-site i.provements. Mayor Ison also stated that the City should take the $60,000.00 and apply it toward the cost of paving Hackney Prairie Road rather than risk losing the monies by taking no action. - 5 e Page 6 City Co..i..ion leeting Dece.ber 16. 1986 After so.e discussion on the way to handle the monies. Commissioner Bateman moved that the City Manager and City Attorney work out an agreement with Mr. Rich. et al. and place his $60,000.00 in cash in city hands and that an agreement be brought back by 1-6-87 meeting with verification from City Manager and City Attorney that this will not preJudice our negotiations with other developers East. North, South or West of Hackney Prairie Road. Commissioner Dabbs seconded and the motion carried unanimously. COMMENTS FROM CITIZENS/PUBLIC None NEW BUSINESS A. Requ..t Vehicular Aeee.. to Flewelling - Ir. Boeh e Mr. Boeh, owner and resident of 735 Lakeview Drive. Lot 18. Lakeview Village has requested vehicular access to Flewelling from his rear yard. Building Official Cecil Hurst explained to the Com.ission that when the Final Plat for the Lakeview Subdivison was accepted. the developer dedicated to the city all vehicular access rights to Flewelling Drive for all of those lots that abut Flewelling Drive on the rear as follows: Lot 1, 2, 3. 18. 19 and 20. On May 22, 1986, Mr. Boeh was issued a building permit (by a Building Official who is no longer with the City) to construct a garage in his rear yard with the site plan clearly showing the access from Flewelling. After construction was completed on the garage and Mr. Boeh was ready for the driveway, he contacted our Street Department Supervisor so the curb cut could be made. He was told at that time that this approval could only come from the City Commission. thus the reason for his request before the Commission. Commissioner Johnson stated that he had only complained because he was told that Mr. Boeh was running a business out of his garage. Mr. Hurst explained that he notified Mr. Boeh about the requirements for Home Occupation and he had complied. Mr. Boeh told the Commission that he would have to remove several trees in order to construct a driveway from the front of his home to the back and he would rather not have to do that and respectfully requested the Commission to grant his access to Flewelling. - Attorney Kruppenbacher asked Mr. Boeh how much he felt he had been damaged by the city's allowing the garage to be built. Mr. Boeh stated that the garage cost approximately $3.000.00 but this did not include his labor. Mr. Kruppenbacher said that we would be estopped to deny access; however. we could buy back the garage. He also stated that we might want to 6 e Page 7 City Co..i..ion Keeting Dece.ber 16. 1986 contact the former building official to confirm that neither he nor Mr.Boeh was aware of the prohibited access to Flewelling. Mayor leon asked if there were any other residents present who had the same problem. The following residents stated that they had access to Flewelling and would like to keep that privilege: John Boone. 737 Lakeview; Mark Linn. 703 Lakeview; and Allen Wilson. 701 Lakeview. Mayor lson stated that we need to decide how to handle double sided lots as there will be others with all of the development that will be taking place. Mr. Boeh stated that he no longer operated the business out of the garage and he has rented a unit at the storage facilities on Story Road. He does use the phone at his home for the business and part of the home for his office. He again requested the access to Flewelling as it would be difficult to get his truck into the rear yard from the front. e After more discussion. Commissioner Bateman moved to approve Mr. Boeh's request for Flewelling Drive access for his property and also that City Staff approve likewise for the other lots - 1. 2. 3. 19 & 20. Commissioner Hager seconded and the motion carried unanimously. The Commissioners stated that this subdivision was approved prior to the current subdivision regulations. City Manager Ryan suggested they access their property through fence and gate arrangements. RECESS: 11:10 P.M. KEETING CALLED BACK TO ORDER: 11:30 P.M. B. Site Plan Approval. W..t Colonial Kini Storage Faciliti.. City Engine.r City Engineer Merkle explained that this proJect was partially reviewed by the City Commission at a prior workshop session in order to ascertain the extent of the roadway improvements required to accommodate traffic impacts. At that meeting. they all agreed that a turn lane and improvements along Marshall Farms Road would be needed. The developer has coordinated with Florida D.O.T. for the improvements necessary at Marshall Farms Road and Highway 50 intersection. The D.O.T. will be constructing a turn lane on S.R. 50 and the developer will have to widen the Marshall Farms Road radius. Additionally, the developer will construct a turn lane on Marshall Farms Road leading into the proJect. e 7 e Page 8 Ci~y Coaai..ion "..~ing Dec.ab.1' 16. 1986 Fire protection for the site will be provided via private water lines. and the Fire Department has determined that turning radii around the warehouse buildings are adequate. All other technical requirements regarding grading and drainage are satisfactory. John Spath. of Southern Atlantic Construction Group, spoke as a representative of the developer and confirmed that they are ready to begin construction as soon as the site plan is approved. After further discussion, the Commissioners agreed the site plan could be approved subJect to the following conditions: 1. That the developer shall provide additional detailed drawings satisfactory to the City Engineer clarifying the required improvements to be made along Karshall Farms Road at the entrance to the proJect. e 2. That the developer shall be given no building permits for Outparcel B until Site Plans are approved by the City of Ocoee and a Final Plat emcompsssing both parcels is submitted and approved; furthermore. there will be no access from Outpsrcel B to Marshall Farms Road except through the West Colonial Mini Storage Facilities entrance. 3. Turning radius improvements installed as determined by D.O.T. and constructed by D.O.T. standards and approval. 4. No certificate of Occupancy will be issued for the proJect until the striping is done on Highway 50 by D.O.T. (adding of the center turn lane). 5. No issuing of building permits until the balance due for the water line improvements of $12.000.00 is paid. Attorney Kruppenbacher recommended that a letter of agreement be signed by Mr. Spath acknowledging his concurrence with the stated conditions. Commissioner West Colonial satisfaction Commissioner approved. Dabbs moved to approve the site plans for the Mini Storage Facilities ProJect contingent upon of the five conditions as stipulated. Johnson seconded and the motion was unanimously . a - Page 9 City Coaai..ion Meeting Deceaber 16. 1986 PROP03ED 1987 COMPREHEN3IVE PLAN AMENDMENT SCHEDULE City Planner City Planner Wagner explained that operating under the same Co..ission Directives as last year, the proposed schedules provide adequate time for owners/developers to respond to notices advertising the cityls adopted Plan Amendment Procedures. Annexation Schedules preceed the Plan Amendment and Rezoning Schedules to permit new lands to come into the city. All schedules are overlapped to the maximum degree while still meeting all city and state laws. Schedule Number One begins January 27, 1987, with annexation by April 7, 1987, and completion on August 4, 1987. Schedule Number Two begins Kay 22, 1987, with annexation by August 4, 1987, and completion on December 1, 1987. He recom.ended approval for the proposed 1987 Annexation, Comprehensive Plan Amendment and Rezoning Schedulea aa submitted. Commissioner Bateman moved to approve the schedules aa proposed by the City Planner, Commissioner Hager seconded, and the motion was unanimously approved. REPORTS AND INFORMATIO. - CITY MANAGER e City Manager Ryan had no further comments. Kayor Ison asked Staff to bring back before the Commission the following: 1) A tax on sewer companies 2) An adult entertainment ordinance 3) The speed limit on Highway 50 being lowered within the city limits 4) Negotiate with Florida D.D.T. the feasibility of installing a stop light at Highway 50 and Florida Auto Auction 5) Implement a practice whereby any developer who owes money to the city has a definite schedule worked out for the date payments are due. CITY ATTORNEY Mr. Kruppenbacher reported that a simple, condensed agreement with the School Board is all that will be required for the city to use the Dcoee Junior High gym. He will provide such a facilities agreement as soon as possible. COMMENTS FROM COMMISSIONERS . Co.missioner Hager reco..ended that a single one-time payment be made to the employees of the City of Dcoee as 8 reward for their productivity for the year. He suggested 9 - Page 10 City Co..i..ion Meeting Dece.ber 16. 1986 that the payment be prorated according to the employee's period of service to the city as follows: 1 year+ 9-12 months 6- 9 months 3- 6 months 1- 3 months $250.00 200.00 150.00 100.00 50.00 Konies to fund this one-time adJustment are to be transferred from unrestricted cash reserve in an amount not to exceed 525,000.00. The checks are to be distributed on December 19th. Commissioner Hager moved that this one-time made for the employees, Commissioner Bateman the motion carried unanimously. adJustment seconded, be and The meeting adJourned at 12:20 A.K. ---~~-~---------- Kayor Thomas Ison - ----~~-~~------ Deputy Clerk Green ,. I I I I I 10