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HomeMy WebLinkAbout04-07-87 MINUTES OF THE CITY COMMISSION MEETING HELD ON APRIL 7.1987 . Mayor Ison called the meeting to order at 7:45 P.M., and led in prayer and in the pledge ox allegiance to the flag. PRESENT: Mayor leon, Commissioners Johnson, Dabbs, Bateman, and Hager; City Manager Ryan, City Attorney Kruppenbacher, City Planner Wagner, Public Works Director Occhiuzzo, City Clerk Catron, City Engineer Kelley, Building Official Hurst, and Deputy Clerk Green. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS The Planning and Zoning Board Minutes of February 10, were presented for inxormation only. 1987 In further commemoration of the bicentennial of the United States Constitution, Mayor lson noted that the xreedom of speech provided by the First Amendment should be recognized as a contribution of James Madison, the "Father of the Constitution." . Mayor leon recognized Orange County Commissioner Vera Carter who was attending the meeting as a private citizen. Frank Turner, the District Governor of the Lions' Club, presented a banner and a pin to each of the City Commissioners, to City Manager Ryan, and to Commissioner Carter. He thanked the Commissioners %or their help and assistance. Mayor lson commended Mr. Turner for the excellent Job he was doing as District Governor %or the Lions. APPROVALS Commissioner Bateman moved to approve the Regular Commission Meeting Minutes of March 17, 1987, Commissioner Dabbs seconded, and approval was unanimous. OLD BUSINESS Special Staff Report. - City Engineer Acceptance of Public I.prove.ent. Hidden Oak. Subdivi.ion. Cherle. Snider City Manager Ryan requested that this item be tabled until the April 21, 1987 meeting. Second Reading. and Public Hearing. e Ordinance *941. Ca.. No. 02A-87. Lindy Wed. Rich City Manager Ryan read the proposed ordinance by title only, 1 - Page 2 City Co..iaaion Meeting April 7. 1987 City Planner Wagner pointed out the parcel on the map, and the Mayor opened the public hearing. There were no comments, so the hearing was closed. Commissioner Dabbs moved to approve Ordinance #941, Commissioner Johnson seconded, and the motion carried unanimously. Ordinanc. *942. Caa. No. 03A-87. David PearlMan Mr. Ryan read the proposed ordinance by title only, Wagner pointed out the property on the map, and Mayor opened the public hearing. Mr. Ison Nancy ChriatMan, of the Orange County Planning Department, explained that Orange County had no obJection to Ocoee's annexation of this property, but strongly opposed a land use change to allow commercial development in the area. - Orange County Coaaiaaioner Vere Carter, a resident of Windermere, obJected to Ocoee's annexations of properties south of the turnpike as premature at this time. She expressed concern that one of Windermere's access roads might become part 0% Ocoee's commercial area i% the parcels were rezoned %or commercial use. She stated her personal prexerence for a land use designation of single family, low density, residential. Mrs. Carter asked that the expressway expansion not be used as an excuse to allow a higher density of development, and cautioned that more intense development could cause congestion of ingress and egress routes for the expressway. She urged the Commissioners ~2~ to approve a land use change for this property if they did approve annexation. Commissioner Bateman assured Mrs. Carter that Ocoee would not do anything to Maguire Road to create di%%iculty %or Windermere. Dr. James Ferdinand commented that ix the expected growth of the airport on Maguire occurred, it would cause the area to be unsuitable for residences. He cautioned that delay ox the decision on land usage for area properties would not be wise. There were no further comments, so the public hearing was closed. Commissioner Johnson moved to approve Ordinance #942, Commissioner Hager seconded, and the motion was unanimously approved. e Ordinanc. *943. Ca.. No. 04A-87. R. L. Ferdinand Mr. Ryan read the proposed ordinance by title only, Mr. Wagner pointed out the property on the map, and the Mayor opened the public hearing. The obJections by Ms. Christman and Mrs. Carter noted under Ordinance #942 are also applicable %or this parcel. R. P. Mohnacky, 1820 Prairie 2 . Page 3 City Co..i..ion Meeting April 7. 1987 Lake Boulevard, suggested that this area be zoned industrial or commercial now so that homes would not be built there. There were no further comments, so the public hearing was closed. Commissioner Bateman moved to approve Ordinance #943, Commissioner Dabbs seconded, and the motion was unanimously approved. Ordinance *944. Caae No. 05A-87. R. L. Ferdinand Mr. Ryan read the proposed ordinance by title only, Mr. Wagner pointed out the parcel on the map, and Mayor Ison opened the public hearing. The Christman and Carter comments as noted under Ordinance #942 are also applicable for this property. There were no other comments, so the public hearing was closed. Commissioner Dabbs moved to approve Ordinance #944, Commissioner Bateman seconded, and the motion was unanimously approved. e Ordinance *945. Ca.. No. 06A-S7. Charles & Jame. Hawthorne The City Manager read the proposed ordinance by title only, Mr. Wagner pointed out the property on the map, and the Mayor opened the public hearing. There being no comments, the public hearing was closed. Commissioner Johnson moved to approve Ordinance #945, Commissioner Hager seconded, and approval was unanimous. For the record and for the in%ormation of owners 0% property east 0% this parcel, Commissioner Bateman noted that what could be an existing enclave would be taken care 0%. Ordinance *946. Ca.e No. 7A-87. Barry Goodman Pulled. Ordinanc. *940. Ca.. No. lA-87. Reform.d Pr..byt.rian Church Pulled. Ordinance *947. Ca.. No. SA-87. El.er Badg.r Pulled. Ordinanc. *948. Ca.. No. 9A-87. J.ffrey Y.ager Pulled. Ordinanc. *949. Ca.. No. 10A-S7. Anna L. Davi. & To. W..t Mr. Ryan read the proposed ordinance by title only, Wagner pointed out the property on the map, and Mayor opened the public hearing. There were no comments so public hearing was closed. Commissioner Bateman moved approve Ordinance #949, Commissioner Johnson seconded, the motion was unanimously approved. Mr. Ison the to and e Ordinance *950. Ca.. No. llA-87. W. C. Davi.. R. V. Ogilvie. J. Pitchford Pulled. 3 e Page 5 City Commission Meeting April 7, 19B7 asked the Commissioners to table annexation of this parcel, aY"ld explaiY"led that he was Y"lot "pickiY"lg '::OY"I Wescat~1I aY"ld that his concerns for the area north of Ocoee mirrored those expressed by Vera Carter for the area south of the City. Ph i 1 i P W. that this t he at~ea Cr:rY"IS i det~ed c i t i zeY"ls. Rich, 5824 Ingram Road, Apopka, 32703, commented annexation constituted an incursion by Ocoee into historically reserved to Clarcona and would be a hostile action and a breach of faith by Clarcona Jean Jonas, 4858 North Apopka-Vineland, presented to Mayor Ison a petition signed by one-hundred families in the Apopka- Vineland area from Silver Star to Clarcona-Ocoee Road who oppose this annexation. Officers of the corporations involved in this project had not yet been identified to her satisfaction. City Manager Ryan pointed out that records from the state would be available to her. e Mayor Ison explained that his verbatim comments from an earlier meeting with Clarcona residents were available if needed, and reminded them of his work to move the proposed expressway further west. He emphasized that it is the responsibility of government to provide reasonable land use for land owners, and if it does not, they can go to court to achieve it. There were no further comments, so the public hearing was closed. Commissioner Bateman moved to approve Ordinance #953, Commissioner Johnson seconded, and approval was uY"laY"1 i mouse Ordinance #954, Case No. 15A-B7, Patrick Kelley Attorney Kruppenbacher read the proposed ordinance by title, Planner Wagner pointed out the property on the map, and Mayor Ison opened the public hearing. The comments above by Mr. Phipps and Mr. Rich also apply to this property. There were no further comments, so the public hearing was closed. Commissioner Johnson moved to approve Ordinance #954, Commissioner Dabbs seconded, and the motion was unanimously appt~c.ved. e Ordinance #955, Case No. 1GA-B7, City of Ocoee The White Rd. right-of-way portion will be deleted from Ord. #955 since the parcels had been withdrawn. The Attorney advised that these changes were non-substantial and read the proposed ordinance by title only, Mr. Wagner pointed out the areas on the map, and the Mayor opened the public hearing. There were no comments so the public hearing was closed. Comm. Hager moved to approve approve Ordinance #955, Comm. Bateman seconded and the motion carried unanimously. 5 . Pege 4 City ComMi..ion Meeting April 7. 1987 Ordinence _951. Caae No. 12A-87. Weacer. Inc. Mr. Ryan read the proposed ordinance by title only, Mr. Wagner pointed out the property on the map, and the Mayor opened the public hearing. There were no comments so the public hearing was closed. Commissioner Johnson moved to approve Ordinance #951, Commissioner Dabbs seconded, and the motion was unanimously approved. Ordinance _952. Ca.. No. 13A-87. Jey & Dotti Schorr The City Manager read the proposed ordinance by title only, the City Planner pointed out the property on the map, and the Mayor opened the public hearing. There were no comments so the public hearing was closed. Commissioner Hager moved to approve Ordinance #952, Commissioner Bateman seconded~ and approval was unanimous. e Ordinance _953. Cea. No. 14A-87. We.car. Inc. Mr. Ryan read the proposed ordinance by title only, Mr. Wagner pointed out the area on the map, and the Mayor opened the public hearing. Nancy Christman, 0% Orange County Planning Department, presented a letter from County Administrator Tom Sewell requesting tabling or continuing 0% this proposal until a Joint meeting could be held to resolve the Reserve Area Boundary issue, as this property is outside the current reserve area. (She also noted that these comments apply to Ordinance #954, Case No. 15A). City Attorney Kruppenbacher stated that City Manger Ryan had tried xor two months to schedule this Joint meeting with the County without success and recommended that action not be delayed because ox another governmental entity. He emphasized that the developer would defray the cost if there were litigation by the County. Commisssioner Bateman stated his concern about creating an antagonistic atmosphere with the County. Nancy Christman pointed out that the Reserve Area Agreement change needed to precede an annexation request. City Manager Ryan stated that the agreement stipulated thirty days notice~ but perhaps thirty days were not adequate xor the amendment process. Commissioner Dabbs noted that the applicant had rights, too. Ms. Christman commented that the proposed access to the site %rom Apopka-Vineland Road would be on a curve and might not permit an acceptable intersection. The attorney representing Wescar, Inc., Hal Kantor 0% P. O. Box 2809, Orlando 32802, remarked that the rezoning to be requested next week will provide for 1/4 acre lots and a 1200 square foot per unit minimum. . Dennis Phipps, P. O. Box 560, Clarcona 32710, explained that he had understood xrom comments at the last meeting that these proceedings would be tabled if a Joint meeting with the County had not resolved the Reserve Area Boundary matter. He 4 . Peg. 6 Ci~y Co..i..ion M..ting April 7. 1987 Ordinenc. 19S6. Ca.. No. 17A-87. John G. Pi.rc. City Clerk Catron read the proposed ordinance by title only, City Planner Wagner indicated the area on the map, and Mayor Ison opened the public hearing. Wayne Dann, ox Marshall Farms Road, explained that he did not obJect to the annexation, but was very concerned about the traffic problem at the intersection of Marshall Farms with Highway #50. Mayor Ison explained that improvements xor this intersection were in the Jurisdiction 0% DOT. and that bid letting on April 1st had prepared the way %or completion 0% turning lanes for this intersection within 75 days. There were no xurther comments so the public hearing was closed. Commissioner Dabbs moved to approve Ordinance #956, Commissioner Bateman seconded, and the motion was unanimously approved. . Ordinance *957. Ca.. No. 18A-87. Florida DOT City Clerk Catron read the proposed ordinance by title only, Mr. Wagner pointed out the area on the map, and the Mayor opened the public hearing. Mr. Dann's comments %or #956 also apply for this ordinance. There were no xurther comments so the public hearing was closed. Commissioner Hager moved to approve Ordinance #957, Commissioner Bateman seconded, and approval was unanimous. John C. Kizis, 8846 Rose Hill Drive, Orlando 32818, expressed concern about the petitions which had been withdrawn, and encouraged the Commission to require all developers to preserve a portion of their properties in a natural state. RECESS: 9:25 P.M. CALL TO ORDER: 9:40 P.M. Ordinenc. 1958. A..nding Ord. *637. Updating Building Stendard. City Manager Ryan read the proposed ordinance by title only, and the Mayor opened the public hearing. There were no comments so the public hearing was closed. Commissioner Bateman moved to approve Ordinance #958, Commissioner Dabbs seconded, and approval was unanimous. Ordinance *959. A.ending Ord. *638. Upda~ing Electrical Cod. Mr. Ryan read the proposed ordinance by title only, and the Mayor opened the public heariing. There were no comments so the public hearing was closed. Commissioner Dabbs moved to approve Ordinance #959, Commissioner Hager seconded, and approval was unanimous. . Ordinance *960. A.ending Ord. 1639. Updating Mechanical Code Mr. Ryan read the proposed ordinance by title only, and the 6 e Page 7 Ci~y Co..i..ion Meeting April 7. 1987 Mayor opened the public hearing. There were no comments so the public hearing was closed. Commissioner Johnson moved to approve Ordinance #960, Commissioner Bateman seconded, and the motion was unanimously approved. Ordinance '961. A..nding Ord. '640. Updating PluMbing Code City Manager Ryan read the proposed ordinance by title only, and Mayor Ison opened the public hearing. There were no comments so the public hearing was closed. Commissioner Hager moved to approve Ordinance #961, Commissioner Johnson seconded, and the motion was unanimously approved. Other Bu.ine.. e Modification of Joint Planning Ar.a Interlocal Agr....nt with Orenge County/MoratoriuM - Ted Ryen end Ru.. Wegner City Manager Ryan indicated on the map the approximate outer limits of the planning area for the City for a period of one to three years as recommended by the Stafx. The western boundary would be specifically defined by the extension of the East-West Expressway. Mr. Wagner explained that current city boundaries include about seven square miles (7.6 after current annexations), and the Reserve Planning Area included 15.8 square miles - allowing room to expand boundaries in all directions. Mayor Ison observed that a five-year capital plan/five-year growth plan delineating the City's boundaries (subJect to the alignment ox the East-West Expressway) would contribute to making the City better. Commissioner Dabbs supported the premise as a means to enhance the quality of life for Ocoee citizens by solidi%ying what we have and improving on it. Commissioner Bateman added that "making good things better" was the intention ox the Commission and he fully supported the moratorium on expansion as he believed Ocoee had been growing too xast. Commissioner Hager agreed that he had no problem with the plan, and would like to see the City not only bigger but better. He particularly mentioned the need xor industry to provide quality Jobs locally %or young people. Commissioner Johnson agreed with the premise to provide for controlled growth and quality services for all residents. e Mr. Ryan suggested that the Commission approve in concept and schedule for discussion at a Joint meeting with the County Commission a moratorium for amendment to the interlocal 7 -- e Pag_ 8 Ci~y Co..i..ion M..~ing April 7. 1987 agreement for a Joint planning area with Orange County. Commissioner Hager moved to approve a conceptual annexation limitation in elementary for., Commissioner Bateman seconded, and approval was unanimous. e Di.cu..ion of Cebl. TV Franchi.. S.rvic... L. Topping Larry Topping, local Assistant Manager xor Cableviion Industries, and Richard B. D~Louhy, P.H.D., %rom their state o%fice, were present to address the concerns of the Commissioners about local cable television service. The recent replacement of a significant trunk cable should have improved reception for subscribers. Internal i.provements in the local ofxice and an upgraded telephone system should have improved the response ti.e as well as the level ox service for subscribers, they said. A recent letter to area subscribers had announced a "collapse of tier" for non- premium channels effective on June 1st. This change will permit reception ox all basic channels without a converter for a cost of S14.45 per month. The new rate will be a S4.50 increase xor xormer basic subscribers (26% ox subscribers) and a decrease for xormer basic-plus subscribers (73%). The channels which will remain outside the tier and the current number ox subscribers are as follows: H B 0 569 Cinemax 192 Showtime 213 Disney 157 Playboy 76 Several Commissioners reported repeated unsuccessful attempts to reach Cablevision Industries when cable service was interrupted or of poor quality. Mr. Topping assured them that service technicians were on call 24 hours a day and available through the answering service, and that o%%ice hours were 9 to 7 Monday through Friday and 9 to 1:00 P.M. on Saturday. Mr. Harris, 8854 Rose Hill Drive, reported that his service from Cablevision Industries had been satisfactory. Paul Bunker, 961 American Beauty Drive, reported that multiple pedestals %or television cable were an eyesore and a hazard in his Rose Hill neighborhood. R. P. Mohnacky, of 1820 Prairie Lake Boulevard, asked that C Span be made available ix possible. e Commissioner Johnson commented that the citizens had getting disservice instead of service. Com.issioner noted that the problems were of long standing. Mayor emphasized that he was willing to explore cable service been Dabbs Ison with 8 - Page 9 City Commission Meeting April 7, 1987 other companies if the level of service did not improve. Mayor Ison asked City Staff to check further with Cable TV about the new system which they had previously proposed for taping City Commission meetings and also to check about the public service programming of a local nature for which Cablevision Industries had been committed. COMMENTS FROM CITIZENS/PUBLIC None. NEW BUSINESS Northwest Wastewater Treatment Facility Reservations Request After some discussion, the Commissioners agreed to direct City Manager Ryan and Mayor Ison to meet with Chairman Lou Treadway of the Orange County Commission to request an extension of time with reference to reserving capacity in the Orange County Northwest Wastewater Treatment Facility. REPORTS AND INFORMATION - CITY MANAGER e All items have been handled, covered by City Attorney. are 1n progress, or will be CITY ATTORNEY Billboard/Sign Ordinance Mr. Kruppenbacher reported that the proposed billboards/signs had been redrafted, would be City Staff and brought back to the next meeting. ordinance reviewed on by Frank Courtney/Robert's Rise Subdivision - Dock A search of City records revealed no action by the City Commission on City Manager Griffin's memo to Mr. Courtney in April of 1986. All the Commissioners were opposed to a City Dock because of liability issues, but would agree to allow Mr. Courtney to build a private dock with the City granting an easement if the legal issues could be worked out. Mr. Courtney would be required to abide by the terms of the memo of April 4, 1986, and to pay all fees and obtain proper permits. The Commission also stipulated that since he was proposing to build the dock, he would not be allowed the $2,000 credit toward engineering fees. Commissioner Bateman cautioned that this precedent would go beyond Robert's Rise. Mr. Kruppenbacher will research the legal issues, an agreement will be drafted and presented to the Commission for approval at the next meeting if possible. - 9 e Page 10 Ciey Co..i..ion K..eing April 7. 1987 COMMENTS FRO" COMMISSIONERS Commissioner Bateman commended Cathie Pollack and City employees for their accomplishments with the Maguire House. Mayor leon announced the meeting of the Tri-County League ox Cities at noon on Thursday, April 16th. The meeting adJourned at 11:25 P.M.. ~_R_~____ Mayor Ison . ~,~ /, ---D;p~tY-Cl;~k-G~~~~-- . 10