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HomeMy WebLinkAbout05-19-87 MINUTES OF THE CITY COIIMISSION MEETING HELD MAY 19_ 1987 . Mayor Ison called the meeting to order at 7:40 P.M. and led in prayer and in the pledge of allegiance to the %lag. PRESENT: Mayor Ison, Commissioners 3ohnson, Dabbs, Bateman, and Hager, City Manager Ryan, Acting City Attorney Barnby, City Planner Wagner, City Clerk Catron, Public Works Director Occhiuzzo, City Engineer Kelley, Building O%ficial Hurst, Water Superintendent Cockrell, Finance Director Poston, and Deputy Clerk Green. (City Attorney Kruppenbacher arrived later. ) ABSENT: None. PRESENTATIONS AND PROCLAIIATIONS Mayor Ison called upon former Mayor Cliff Freeman to accept a special tribute on behalf of his mother, Estelle Freeman, in honor of her one-hundredth birthday. Commissioner Hager read and then presented a framed letter addressed to Mrs. Freeman from the Mayor and Commisaioners, and Commissioner Dabbs presented a City of Ocoee watch. The Mayor and both Commissioners recalled Mrs. Freeman's many accomplishments and contributions to the City. Mayor Ison also presented a gavel to former Mayor Freeman. e Mayor Ison noted that the City's entry in the recent "Bed Races" had placed second. APPROVALS - CONSENT AGENDA Commissioner Dabbs questioned an appointment recorded on page six of the Regular Commission Meeting Minutes of 5-05-87. The motion to appoint Doug Rush to the Code Enforcement Board was made by Commissioner 3ohnson and seconded by Commissioner Dabbs. Commissioner Bateman moved to approve the minutes as corrected, Commissioner Hager seconded, and approval was unanimous. OLD BUSINESS Speciel St.eff Report.. e Report on preliainery de.ign on t.he int.er.eotion of Silver St.er Roed end Highwey 437. and Franklin St.reet. end Highway 437 - Cit.y Engineer City Engineer Tom Kelley introduced the head of the highway department at P.E.C., Engineer Paul Staes, who presented an oral and visual report on these intersections with traffic volume prOJections to 1992 and suggestions for designs to meet prOJected needs. City Engineer Kelley said that the proJect as outlined might be too costly for the City's budget, and they will report back with an intermediate plan. 1 e Pege 2 Cit.y Coaai..ion K..t.ing Key 19. 1987 Comaissioner Bateman questioned the paving of 80wness Road, the possibility of getting the State to recognize it, and what effect it Might have on the.e intersections. In a discussion about Pal. Drive improveMents, City Manager Ryan reported that the owner of the Pal. Drive triangle may have plans for developing the property. Mayor Ison asked the City Manager to contact the owner about the City purchasing right-of-way before develop.ent could occur, and Co..issioner Bateman suggested further study on the proposed realign.ent of Palm Drive. City Planner Wagner com.ented that he believed that DOT had signalization scheduled for the Franklin interaection in 1988. Mayor Ison asked that Staff contact DOT to confirm the scheduled date. Mayor Ison requested City Engineer Kelley prepare a report and complete analysis on the design and cost of improvements on the intersections of Silver Star and Highway 437 and 0% Silver Star and Franklin Street and submit it to the Commission by the 3une 2, 1987 meeting. e Report. on t.eaporery t.reiler ~or IIr.. lIat.t.hew. Cit.y Building O~~ici.l Hurat. reported that he had talked to Mrs. Matthews and they had no obJections to placement of a her property. Mr. Hurst neighbors trailer on Attorney Barnby advised that she had spent some time researching the issue of granting special exceptions or variance. on zoning codea. She had determined that the owner had to show unnecessary hardship - economic reasons were not Justifiable grounds for granting a variance or special exception - and she recom.ended denial of the request. Commissioner Dabbs moved to deny the reque.t and Commissioner Bateman seconded. COMmissioner 3ohnson co..ented that this request sounded siMilar to one which had been granted earlier, and Attorney Barnby questioned the cirCUMstances regarding the other in.tance and whether it should have been approved. The Motion carried unanimously. e Report./Approval Preliainary Subdiviaion Plan - l1inorville Cent.er w.at. - Cit.y Planning Direct.or Wagner Mr. Wagner reported that most of the out.tanding issues on the preliMinary subdivision plan of the western portion of Minorville Center had been resolved in a meeting today <May 19th) between City Staff and the Joint developers. He submitted the DRC report <copy attached hereto), and reco.mended approval 0% the plan for Minorville Center 2 e Pate 3 Cit.y Co..i..ion 1I..t.in. lIay 19. lM7 subJect to the eleven condition. liated in the report. Both Bill Colburn and Ron Stucki, the developers, stated their agreement with the items in the report. Mr. Stucki referred to Item. 4-C and 11, but further stated he was sure both items could be worked out. Commissioner Bateman asked what problems needed to be resolved, and Mr. Wagner explained that a remaining concern waa the future alignment o~ a 300 foot segment of Maine Street. Commissioner Dabbs subdivision plan for eleven items in the seconded, and approval moved to approve the preliminary Minorville Center West subJect to the DRC report, Commissioner 30hnson was unanimous. Aut.hor1zat.ion t.o repre.ent. prior Cit.y O~~1cial. in pending lit.igat.ion wit.h Pri.a Vi.t.a Ut.ilit.y Co.pany - Speciel Le.el Coun..l - Andrew Tho.a. City Manager Ryan explained that Attorney Andrew Thomas requested authorization by the Commiasion to represent former City officials under the sam. proviso as current officials in the pending litigation with Prima Vista Utility Company. Commissioner Bateman moved to approve this authorization, Commissioner Hager seconded, and approval was unanimous. e COIIIIENTS FROII CITIZENS/PU.LIe Sherri Wolski, 607 East Lakeshore Drive, commented about the recent "fish kill"' in Starke Lake and the need for protection of this asset, and asked about the Commissioners' concern about the condition of the lake. City Manager Ryan stated that Public Works Director Occhiuzzo had been in contact with a representative of the Florida Game and Fresh Water Fish Commi.sion about their review of the lake. Mr. Occhiuzzo reported their conclusion that the fish kill largely involved Tilapia <Nile Perch) and originated due to cooler water temperatures at the time the fish were spawning. They rated Starke Lake water quality as excellent, but would like to remove more Tilapia and to see more algae and aquatic regrowth in the lake. Mayor Ison referred to a letter from the Fish and Game Co.mission with reference to Starke Lake which said essentially the same thing and also noted that street drains emptying into the lake concentrate nutrients and other chemicals where they dump into the lake and often cause poor water quality. e Mayor Iaon explained that the City Engineer had looked into the run off problem and that a retention pond needed to be built <possibly near City Hall) and filters installed in drains at the end of three brick streets. As retention ponds were not required when Sleepy Harbor was built and the City 3 e Peg. 4 Cit.y Coaai..ion I..t.ins lIay 19.. lM7 had no .a....nt., area ho.eowners n.ed to coop.rate to deal with the probleM of water pollutanta froM their area. The Mayor pointed out that p.rmits would have to be obtained from three state ag.ncie. for any proJect involving the lake, and that the permitting proce.. was a challenging, expensive proc.dur.. He urg.d .upport of the pasaage of the "SWiM Bill", and the reque.t that Starke Lak. be one of the study lakes. Mayor Ison aaked that City Engineer Kelley and Public Works Director Occhiuzzo attend the 3une Sl.epy Harbor Homeowner. Asaociation Meeting, and al.o a.ked that City Staff send the water quality r.port from Starke Lake to them. Com.ia.ioner Bate.an observed that positive thing. could be done to improve Starke and Priaa Vista Lakes. Aeration of the wat.r could be accompli.hed with sev.n units at a cost of .20,00.00 to .30,000.00 per unit and could be funded with grant money. He expr....d the beli.f that the algae blOOM in the lake. cause. fi.h kill., and that that algae was cau.ed by gas and oil from cars via water run-off. The run-off should drain into a ..wer .y.te. in.tead of into the lakes. e Mayor Ison asked the City Manager to .chedule a work.hop session to consider the bulding of retention ponds and using a filter systea in order to .top storawater draining into Starke Lake. R. P. Mohnacky, 1820 Prairie Lake Boulevard, reco.mended tra.h collection be reduced to once per week, and that Ocoee residents be encourag.d to recycle paper. Mayor Ison explained that a aaJority of citizens need two or More pick- ups per week and that there would be no way to provide healthful service at one pick-up per week. Mr. Occhiuzzo added that paper re-cycling had not been found to be cost effective. To. Holland inquir.d about the po..ibility of privatization of garbage service, and strongly registered his obJection to it. Mayor leon asaured him that the iasue was Ju.t being studied. REPORTS AND INFORIATIO. - CITY IIANAGIR e Follow-up As.nda City Manager Ryan reported that a propo.al from a Cablevision COMpetitor would be pre.ented on a future agenda. Co.missioner Bateman asked if the propo.al from Cableviaion of Central Florida was the only one we had received, and asked why no propo.ala had been received froa the other five compani... Mayor I.on asked the City Manager to .end letters requesting proposals from the other companies. Attorney Kruppenbacher advised that the other cable companies will 4 e P.g. S Cit., Coaai..ioft 1I..~ift. lIa, 19. 1987 re.pond, "You are being aervic.d by a competitor." Co.missioner Bate.an a.k.d the City Planner what he was saying in his m.mo about the lots in For..t Oaks. Mr. Wagner explain.d that .tandard s.tback. of 25 fe.t would be required for tho.e lot., but no greater .etback. could be required because the plat had been previously accepted. Mr. Ryan directed the Commi.sioner. item. on the Follow-up Agenda which had were continuing. att.ntion to other been completed or CITY ATTOR..Y e Attorn.y Kruppenbacher reported that Orange County had sued the City of Ocoee in four .eparate law suits with reference to ten petition. for annexation. Mr. Kruppenbacher intervened and accepted .ervice of the suits for the City. He will r.pre.ent the City and the developer. will provide their own attorney. at their own expense to serve as co- counsel with the City Attorney. The Orange County .uits challenged the annexations on the basis of their claia that the City created enclaves, created fingers, and that a docu.ent lacked an owner'. signature. Mr. Kruppenbacher assured the Commi.sion that the City'. good relationship with the County continued. He will keep them posted on the progress of the suits and will try to re.olve the. immediately. He added that they were not being sued individually. COIIII.NTS FROII COIIIIISSIO..RS Commi.sioner Dabb. com.ented that he had two kudos - one for Fire Department per.onnel for provision of excellent care in an emergency, and one for Police Officers for proficiency in contacting a minister twice about open windows. COMMi..ioner 30hn.on expr....d hi. concern about the asphalt problem in front of the Mitchell property on Bluford. It had been reported to State DOT and the contractor had been notified, but the problem reMained. Mayor Ison asked Staff to check with DOT on their schedule for resurfacing Bluford so we will know whether to proceed with correcting the problem. The Mayor .ugge.ted that the resurfacing continue over the viaduct at the City'. expense. Mr. 30hnson al.o mentioned per.its for buainesses such as a "palMistry" operating at 2331 Highway *50. e Mr. 30hnson reported phon. calla he had r.ceived complaining about a motorcycle gang on Ru..ell Drive, and about More than 5 e Peg. 6 Cit.y Coaai..ion 1I..t.ing lI.y 19.. 1987 one family occupying a aingle faaily house at the corner of Russell and Ruesell. The Fire Depart.ent is sponaoring a Car Raffle on 3uly 4th to raise funds for medical expenses for Curtiss Richards. Tickets sell for 81.00. Commissioner 30hnson also aentioned good comments he had received from citizens with reference to City employees. Commissioners Bateman and Hager had no comments. Mayor Ison presented Resolution #87-08 requesting a one cent local option sales tax be permitted without referendum 8S supported by the Florida League of Cities. Commissioner Dabbs moved to approve the resolution, but the motion died for lack of a second. The Mayor noted the meeting on Thursday of the Tri-County League of Cities at the House of Beef. e He also announced the Special Session on Wednesday, May 20th, at 7:30 P.M. for the Public Hearing concerning the acquisition of Prima Vista Utilities. The meeting adJourned at 9:55 P.M.. ~ Mayor Ison ----It[~~-~---- Deputy Clerk Green e 6 THOMAS R. ISON TELEPHONE 656-2322 MAYOR. COMMISSIONER _ COMMISSIONERS RUSTY JOH NSON LESTER DABBS, JR. JOH N BATEMAN VARD J. HAGER CITY OF OCOE E 150 N. LAKESHORE DRIVE OCOEE. FLORIDA 32761 CITY MANAGER May 19, 1987 ~~C'o"'. .,-<.'"' ....j. .9 '" t:' S. ~ Iw.lIo, ~ ~~ 1~~.... J · ./C'~NTEtll'l\"'''. TEDDY C. RYAN, JR. OCOEE A BICENTENNIAL COMMUNITY DEVELOPMENT REVIEW COMMITTEE REPORT Minorville Center West Preliminary Subdivision Plan (Lots 12-17) (Plans Dated April 10, 1986) FINDINGS/RECOMMENDATIONS: Recommend approval subject to the following conditions. 1. An additional 20 feet of road right-of-way shall be dedicated to the City of Ocoee along the west side of Bluford Avenue, and along the east side of Maguire Road. - 2. The d~velo~er's surveyor shall indicate on the final plat all adjacent pUblicly dedicated rights-of-way. B. A property' owners association shall be established for the perpetual maintenance of all retention pond tracts. 4. Access rights to Maguire Road and Bluford Avenue shall be dedicated to the City of Ocoee except where shown and approved on the preliminary subdivision plan. Access to be permitted as follows with corresponding roadway improvements: A. Access to Lots 12 and 13 from Maguire Road shall be limited to one shared entrance located approximately 100 feet south of that shown, to align with the rear entry to Townsquare Shopping Center. Northbound deceleration lane, north/south turn lanes, and by- pass lanes to be provided on Maguire Road. B. Access to Lots 12 and 13 from Bluford Avenue shall be limited to one shared entrance as shown. North/south turn lanes to be provided on Bluford Avenue. e c. Access to Lots 14, 15, 16 and 17 from Bluford Avenue shall be limited to one shared entrance located directly across from the planned Maine Street intersection. Northbound deceleration lane, north/south turn lanes and by-pass lanes to be provided on Bluford Avenue. "CENTER OF GOOD LIVING - THE PRIDE OF WEST ORANGE" e e e Should any revisions to the two approved access points on Bluford Avenue be proposed at a future date, a minimum 300 ft. distance shall be maintained between said access points, and any changes shall be coordinated with plans approved on the east side of Bluford Avenue. 5. A cash fee in lieu of the land requirement for park purposes shall be waived since the amount of additional rights-of-way dedicated to the City exceeds the 5% requirement. 6. The developer shall submit Final Plans in accordance with the Ocoee Arbor Ordinance identifying measures to be taken to protect existing trees on the site from construction damage. 7. The water distribution system shall be looped and shall meet the approval of the City Engineer. The developer shall pay a pro-rata share of the costs associated with the extension of the proposed watermain along Bluford Avenue at the time of Final Platting. 8. The developer shall obtain written approval from Orangp County for stormwater outfall to discharge the stormwater runoff into the existing Orange County drainage ditch. 9 . A letter of commitmeut shall be submitted prior to Platting for sewer service to the project by Prima Utilities unless the developer can demonstrate wastewater treatment capacity is not available to site. Final Vista that the 10. A single master stormwater retention/detention pond shall be provided for runoff from Lots 12 & 13, and the same shall be provided for runoff from Lots 14 through 17. 11. The westerly limits of the existing electrical transmission line easement on the west side of Bluford Avenue shall be the designated building setback line. The building setback line on Maguire Road shall be 50 ft. from the right-of-way line vs. 85 ft. as shown.