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HomeMy WebLinkAbout11-03-87 . MINUTES OF CITY COMMISSION MEETING HELD ON NOVEMBER 3, 1987 Mayor Ison called the meeting to order at 7:35 p.m. and led in prayer and the pledge of allegiance to the flag. PRESENT: Mayor Ison; Commissioners Johnson, Dabbs, Bateman, and Hager; City Manager Ryan; City Attorney Kruppenbacher (arrived at 7:45 p.m.); City Clerk Catron; Planning Director Wagner; Public Works Director Occhiuzzo; and City Engineer Kelley (arrived at 7:45 p.m.). ABSENT: None PRESENTATIONS AND PROCLAMATIONS Items A and B on the agenda (Presentation to Kathy Presentations for Recognition of Special Efforts Celebration of the Constitution) were postponed to be for a later date. Shidel and for the scheduled - Mayor Ison introduced Jim Beech, Recreation Department Director, who asked the Commission to consider donating money to the Ocoee BMX Council to help purchase uniforms. Mr. Beech explained that the children in the group had held several fundraising events, but that they wanted to donate their money to St. Jude's Hospital. Many of the children were at the Commission Meeting. The group was asking for $300-$500. Mr. Beech introduced Hank Kile, President of the Ocoee BMX Council, and Marie Kile, Treasurer, who explained the program and recent improvements made to the BMX track and surrounding areas. Mrs. Kile also told the Commission about the group's accomplishments over the three-year period it has been in existance. The Ocoee bikers have placed second in the nation and have had tremendous success in various national tournaments. The group has 21 members and it would cost $1,380.00 for uniforms. The Mayor asked the children to stand and introduce themselves. After the group had finished, the Mayor asked the Commission for any comments. Commissioner Bateman moved to provide half the amount needed for a total of $690.00, Commissioner Johnson seconded, and approval was unanimous. It was agreed that the money would come from the Unappropriated Cash Reserves. RECESS: 7:50 P.M. CALL TO ORDER: 8 P.M. . The Mayor said there was an additional item to be discussed under Proclamations before the meeting moved on. The Veterans of Foreign Wars asked the Commission to sign a proclamation declaring November 6 through November 11 as Veteran's Memorial Week. The proclamation was signed by the Mayor. . Page 2 City Commission Meeting November 3. 1987 APPROVALS - CONSENT AGENDA The Mayor asked the Commissioners if there were any questions on any items listed on the Consent Agenda. He said Item C was pulled until the next meeting because it was not included in the Commissioners' information packets due to word processor failure. Commissioner Bateman said he was concerned with the zoning request made by the C. Wayne Atwood Annexation proposed ordinance for "low density residences". He said the proposed ordinance showed a clear intent of the developer to build 5.8 units per acre. Mr. Bateman said that might give the developer the indication that the Commission approved of the zoning he requested. - City Planner Wagner said the proposed ordinance referred strictly to annexation of the property and was not tied to any particular density. The City would decide at a later time the zoning for the area and it would not necessarily be the same as the developer wanted. Commissioner Bateman wanted to go on record as saying that he objected to the annexation petition in reference to the density level. Commissioner Bateman also asked about Item G-1 (Cook Property) and expressed concern about a home that was already located on the property. Mr. Wagner explained that the underlying Orange County zoning permitted the home to be built. He said Ocoee would keep the site in a similar zoning classification. Commissioner Bateman also addressed Item F-4 (Voss) and said he disagreed with the suggestion by City Planner Wagner that the zoning be a combination of lower-intensity office and higher density residential. Commissioner Bateman asked to have the item pulled from the Consent Agenda. - Mayor Ison clarified that Items C and F-4 were pulled from the Consent Agenda. Commissioner Dabbs moved to approve the remaining items on the Consent Agenda, Commissioner Bateman seconded, and approval was unanimous. Items approved were as follows: A - Regular Commission Meeting Minutes of October 20, 1987; B - Special Session Commission Meeting Minutes of October 13, 1987; D - Proposed Ordinance, Barry Goodman Annexation, First Reading; E - Proposed Ordinance, C. Wayne Atwood Annexation, First Reading; F Proposed Ordinances, Comprehensive Plan Amendments, First Readings (1) - Cook: Case No. 20C-87, (2) - W. Terry: Case No. 21C-87, (3) - Heritage: Case No. 22C-87, (5) - R. Terry: Case No. 24C-87, (6) - Dill: Case No. 25C-87, (7) Caflisch: Case No. 26C-87, - - ~ . Page 3 City Commission Meeting November 3, 1987 (8) - Newberg: Case No. 27C-87, (9) - Goodman: Case No. 28C-87; and G - Proposed Ordinances, Rezonings, First Readings (1) Cook: Case No. 21R-87, (2) - W. Terry: Case No. 22R-87, (3) Heritage: Case No. 23R-87, (4) - Dill: Case No. 24R-87, (5) Caflisch: Case No. 25R-87, (6) - Newberg: Case No. 26R-87, and (7) Goodman: Case No. 27R-87. City Manager Ryan read the first reading ordinances by title only. While City Manager Ryan read the ordinances by title, City Attorney Kruppenbacher and City Clerk Catron swore in Mayor Ison and Commissioner Hager since it was election night and both were running unopposed. Commissioner Dabbs also mentioned that he wanted the Staff to send a letter regarding the Caflisch annexation to both the property owner and to Orange County. Mayor Ison directed the Staff to attach all comments from the Commissioners to these proposed ordinances for future reference. - Commissioner Bateman asked about the Voss ordinance, Case 23C-87, questioning "light intensity commercial" versus "high density residential". City Planner Wagner said that a "Mixed" usage was agreed upon previously by the Commission and that he did not know what the developer would propose, only that it would include some commercial zoning (offices). Commissioner Bateman said he would classify it as C-1, but only because of the lack of zoning classifications. The Mayor said the Commission could review all the zoning ordinances and classifications and update them. . The Commission discussed changing "Mixed" to "Commercial" under Case 23C-87. City Planner Wagner said the petitions have already been submitted to the State and the County for comments and that they should be kept the same until the City receives any comments. City Manager Ryan and Mayor Ison questioned whether the State and County would be under the impression that the property would be classified for Mixed use and the City could then change it to C-1 (commercial). Commissioner Dabbs responded that this issue had already been addressed at a prior meeting, and that commercial zoning was possible under the mixed land use classification. Commissioner Bateman moved to approve the item as forwarded to the State leaving a mixed use with the clear indication the Commission wanted some form of commercial zoning on the site rather than high density residential, Commissioner Dabbs seconded, and approval was unanimous. Commissioner Hager and Mayor Ison instructed Staff to let the developer and the County know about the Commission's direction on future zoning on the property. City Manager Ryan read the proposed ordinance by title only. . Page 4 City Commission Meeting November 3. 1987 OLD BUSINESS Special Staff Reports City Engineer - Tom Kelley Bowness Road - Status Report City Engineer Kelley said the design work had been completed and had met with the two property owners (General McGee and Mr. Brown. Sr.). Mr. Kelley said the owners had expressed some concerns with drainage but that they were being worked out. Mr. Kelley recommended cooperating with the property owners. rather than taking any legal action. Mr. Kelley also said the owners would have their own engineers overseeing what the City was doing. Mr. Kelley said he would give another report after meeting with Mr. Brown the week of November 16. e Stormwater Drainage Costs Around Starke and Prima Vista Lakes Status Report City Engineer Kelley said the ditch cleaning project worked well. He drove through the areas with Fire Chief Strosnider just before the meeting and even with all the rain. the drainage was still working well. Commissioner Dabbs asked Mr. Kelley if the drainage costs were included in the $850.000 estimate that was given for Bowness Road improvements. Mr. Kelley said that if there was any additional cost. it would be minor. Mayor Ison asked Mr. Kelley how soon it would be before the City would have to payout any money to contractors on the project. Mr. Kelley said it would probably be sometime in March. -- Mr. Kelley said the drainage improvements made around Starke and Prima Vista Lakes would take away some of the direct run-off that was now getting to the lake. The Staff found the most cost effective way to improve the drainage would be to construct seven basin areas. City Manager Ryan said if the basins were constructed. funding for upkeep would be assigned on a cost- benefit ratio to property owners. Mr. Kelley said the drainage improvements would probably cost between $700.000 and $1 million. City Attorney Kruppenbacher said the City should establish a utility fee for the stormwater ditches. A fee structure of this kind could be created in 30 to 60 days. Mayor Ison agreed that it would be better to implement a utility fee for the entire City. rather than to charge individual property owners around the lake since the drainage improvements would benefit the City. Commissioner Dabbs asked if the City could add the fee to the present utility fee rather than having one for drinking water. one J . Page 5 City Commission Meeting November 3, 1987 for drainage upkeep. etc. City Manager Ryan said the Staff would put something together within the next month to present to the Commission and would also look into the possibility of any grant money available. City Manager Ryan said there would be a Workshop Session before the end of December to discuss the issue further. e City Planner - Russ Wagner Coventry at Oeoee (Lake Stanley Subdivision) - Review/Approval of Subdivision Agreement City Planner Wagner said the Staff recommended that the Developer's Subdivision Agreement be approved subject to several conditions which were attached to the Staff Report. Attorney Kruppenbacher recommended adding a paragraph to enforce the agreement. indicating that any attorney fees would be the sole responsibility of the Developer. Commissioner Dabbs moved to approve the Developer's Agreement subject to the additional paragraph stated by Attorney Kruppenbacher. Commissioner Bateman seconded, and approval was unanimous. Commissioner Johnson asked if the public improvements would be finished before the model homes were built. City Planner Wagner said the two would take place simultaneously, but that the Certificate of Occupancy would not be issued until the public improvements were completed. Commissioner Johnson said he still was not pleased with the intersection created by the new development on Silver Star Road. Olympia Cove P.U.D. - Preliminary Master Plan Review/Approval City Planner Wagner said the Developer was in attendance to give the formal presentation for the Preliminary Master Plan. Mr. Wagner said the Developer had conformed substantially with comments of the City Staff and with the Planning & Zoning Board. but that there were still a number of items to be resolved. The biggest concern by Staff was the issue of density. City Engineer Kelley and Mayor Ison said there was concern the level of the lake. Mayor Ison said he did not want the water overflow onto docks and kill trees on property waterfront. Mr. Kelley said he would check on where the housing lies in accordance with the flood level. about to see on the present - Scott Henderson. 33 E. Pine Street. Orlando. said the proposed conditions of approval met all the compliance regulations in regards to stormwater management and wanted to know what more the City wanted them to do. Mr. Kelley . Page 6 City Commission Meeting November 3. 1987 said the present standards are the same as for Orange County. Mayor Ison proposed to table the review until the City could come up with its own standards. Commissioner Bateman said the control of the drainage devices was held by Orange County and that the City needed to gain control before the development could be considered. Commissioner Hager had concerns with parking allotments. Commissioner Johnson said he did not approve of the density. was concerned about traffic to Silver Star Road. and did not want walls built around the development. Commissioner Dabbs also was concerned about the density. did not want walls except for one area. and wanted to make sure that the retention pond issues were addressed in any agreement. e Mr. Henderson was upset that he had not been notified of any concerns and thought he should have been. City Planner Wagner reminded Mr. Henderson that John Percy. Mr. Henderson's Associate. had been fully informed of all of the concerns at prior meetings and by phone conversations. Attorney Kruppenbacher said it was legally appropriate to table the review until Mr. Kelley and City Manager Ryan had time to review the issues further. City Manager Ryan said because of the concensus of the Commission. a Workshop Session would be held on Tuesday. November 17. at 6:45 p.m.. in the Community Center before the regular Commission Meeting. The issues of the Montgomery Road extension. density. etc.. would be discussed at that time. Public Hearing Acquisition of Prima Vista Utilities City Manager Ryan said the updated contracts would be to the Commissioners by Friday and that there would be a Special Session on Tuesday. November 10. at 7:30 p.m. in the Community Center to continue the Public Hearing. City Manager Ryan explained that condemnation proceedings had been continued to November 16. Commissioner Johnson moved to continue the Public Hearing. Commissioner Bateman seconded. and approval was unanimous. . Other Business Resolution 87-14. Approval and Awarding Sale of Bonds Grace Friedlander. representing the underwriter for the City. said the City needed to amend a section of the previous resolution that stated that the bonds would be redeemable, since they wouldn't be. Commissioner Bateman moved to approve Resolution 87-14. the amended resolution. Commissioner Johnson seconded. and approval was unanimous. . Page 7 City Commission Meeting November 3. 1987 COMMENTS FROM CITIZENS/PUBLIC Mayor Ison asked if there were any citizens present who wished to approach the Commission with any comments. There were no comments. RECESS: 10:50 P.M. CALL TO ORDER: 11 P.M. e NEW BUSINESS Approval for Transfer of Funds from General Fund to Cover Deficit in Sanitation Fund for Y/E 9-30-87 City Manager Ryan said Finance Director Poston was requesting permission to transfer $81,000 from the General Fund to subsidize the Sanitation Fund. Mr. Poston said the Sanitation rate increase effective October 1, 1987 should provide for a surplus of funds in the future. Initial Review of Developers' Agreements City Attorney Kruppenbacher said he had not had a chance to review the Development Agreements. City Planner Wagner said the Staff was not looking for approval of the agreements, but that they were being presented to the Commission and the City Attorney for their initial review and comments. Mr. Wagner said the documents all use a standard format but include additional sections with unique information in each agreement. City Planner Wagner said the Voss Agreement - Case 23C-87 asked the Developer to donate costs incurred in obtaining the road right-of-way along Silver Star Road and in extending Johio Shores Road. The agreement also included improvements to be made at the intersection and for the Developer to include three additional access points to the property to be 500 to 600 feet apart. The remainder of the document was standard in regards to sewer and water. Mr. Wagner also said a new State statute was established and included a five-year time deadline within which the agreement would have to be renegotiated. Mr. Wagner said there would be a formal public hearing at the next Commission Meeting on Tuesday, November 17 and a second public hearing on Tuesday, December 15, to discuss adoption of each of the Developers Agreements. . The Commission had a specific comment on the Goodman Agreement Case 28C-87 & 27R-87. The agreement stipulated that the Developer could access Highway 50 if the Department of Transportation would permit it. There were no specifics " . e - Page 8 City Commission Meeting November 3, 1987 mentioned on allowing or disallowing a left turn onto Highway 50. The Commission told the Staff and City Attorney to add to the document a statement indicating that if the D.O.T. granted an access point to Highway 50, the City would only allow a right turn ingress/egress to be made onto the highway. The Commission wanted to be specific about the access to Highway 50 so the Developer would not go to the D.O.T. and indicate that the City was leaving it up to the State. REPORTS AND INFORMATION - CITY MANAGER City Manager Ryan explained that the Follow-up Agenda was once again two pages but that it was necessary because there were several items that had been tabled as well as many ongoing projects. City Manager Ryan also asked for comments from the Commissioners on the City water extension policy. Mr. Ryan indicated that a property owner just outside the City limit (1102 N. Lakewood) wanted to have his water provided by the City. Mr. Ryan said the Staff was proposing to charge the homeowner connection fees and a monthly rate of 1 1/4 times the rate charged to Ocoee residents. Mr. Ryan said the homeowner would only acquire water and that Police and Fire protection and other services provided to Ocoee residents would not be provided to the homeowner. The Commissioners agreed to provide water to the homeowner and said it could turn out that water service would be the start of someone wanting to annex their property into the City limits. CITY ATTORNEY City Attorney Kruppenbacher said the City's planning process needed to be studied by the Mayor and City Commissioners. Mayor Ison suggested that annexation and zoning be handled simultaneously as other governments did. Commissioner Dabbs said the Comprehensive Plan law's intent was to give space between annexation and zoning so governments would not be accused of taking part in "sweetheart deals". City Manager Ryan said that a government could be perceived as being part of a "sweetheart deal" either way it was handled and that there were pros and cons to both sides. City Attorney Kruppenbacher said he would follow up on the matter with the City Manager, City Planner, and City Engineer to see if a better policy could be established. City Attorney Kruppenbacher said he Engineer Kelley on the Stucki project. was working Attorney with City - Page 9 City Commission Meeting November 3, 1987 Kruppenbacher said the title searches were finished but that there was still some clarification needed on the railroad to the north. Attorney Kruppenbacher asked to have the item on the proposed ordinance Amending the CEB Ordinance pulled and said he would have it completed by the next Commission Meeting. He also said he would commence work on an Ordinance to address the upkeep of property and a Resolution on a utility fee for upkeep of stormwater retention systems. COMMENTS FROM COMMISSIONERS - Commissioner Bateman asked City Attorney Kruppenbacher to include information in ordinances when referring to specific Sections of Florida Statutes since the Commissioners do not have direct access to the books these Statutes are listed in. Commissioner Dabbs said he still had concerns about the decision making process within the City government but that he was in the process of discussing it with Staff. Commissioner Johnson said he had received several complaints about the cable company and was working with company representatives to see if the problems could be solved. He said he was still not entirely satisfied with the company's efforts to upgrade its service. Commissioner Hager also said he had received numerous complaints recently. City Manager Ryan said that the final closing on the bonds would take place on Thursday, November 5. The City would have $1.8 million in bonds at that time to be invested. City Manager Ryan said the money would automatically be put into an account in Barnett Bank and could be directed from there into a Certificate of Deposit (CD) or other form that pleased the Commission. Commissioner Dabbs said the Staff should have researched what bank offered the best return on the money. Until further research could be done, and for the current time, Commissioner Dabbs moved to have the Staff transfer the money from Barnett Bank to Orange Bank in a timely fashion and place it in a 90 day money market account, Commissioner Bateman seconded, and approval was unanimous. ADJOURNMENT: 12:20 A.M. :11- 2 Jj~ ,e MAYOR ATTEST: CITY CLERK THOMAS R. ISON TELEPHONE 656-2322 MAYOR. COMMISSIONER . RUSTY JOHNSON LESTER DABBS, JR. JOH N SA TEMAN VARD J. HAGER CITY OF OCOE E COMMISSIONERS 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 32761 CITY MANAGER TEDDY C. RYAN, JR. OATH OF OFFICE - I, _Varo J. Ha&er , do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to the 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, which I am abqut to enter so help me God. ~id~z/~ Sworn to and subscribed before me this 3rd day of November , 19~I- ~~ CITY CLERK -- "CENTER OF GOOD LIVING - THE PRIDE OF WEST ORANGE" OCOEE A BICENTENNIAL COMMUNITY THOMAS R. ISON TELEPHONE 656-2322 MAYOR .COMMISSIONER . RUSTY JOHNSON LESTER DABBS, JR. JOH N BATEMAN VARD J. HAGER CITY OF OCOEE COMMISSIONERS 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 32761 CITY MANACER aCOEE TEDDY C. RYAN, JR. A BICENTENNIAL COM,\,\lINITY OATH OF OFFICE I, Thomas R. Ison , do solemnly swear (or affirm) e that I will support, protect and defend the Constitution and Government of the United States and the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to the same, that I am entitled to hold office under the Constitution; that I will faithfully perform all duties of Mayor of the City of Ocoee, which I am about to enter so help me God. ;!1L e Jl,~ Thomas R. Ison Sworn to and subscribed before me this 3rd day of November ~J~ CITY CLERK , 19_~. e "CENTER OF GOOD LIVING - THE PRIDE OF WEST ORANGE"