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HomeMy WebLinkAbout12-20-88 Ie . . MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONER REGULAR MEETING HELD DECEMBER 20, 1988 The regularly Commissioners chambers at Commissioner the flag. scheduled meeting of the City of Ocoee Board of was called to order by Mayor Ison in the commission 7:45 p.m. and a quorum was declared to be present. Hager led in the prayer and pledge of allegiance to PRESENT: Mayor Ison, Commissioners Combs, Dabbs, Hager Johnson, City Manager Bateman, City Attorney Rosenthal, Engineer Finch, Senior Planner Harper, City Clerk Grafton and City ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Ison announced that the finalists in the contest for the Veteran's Memorial slogan were: Melissa McPherson, Bobby Prince and Lindsay Warren from Ocoee Elementary School and Angel Lucas and Jamie Taylor from Ocoee Middle School. Consensus was that, although all the slogans were good, Lindsay Warren's slogan, "This memorial is dedicated to those people who served in the armed services and gave their lives to the service of our country." should be the winner because of its clarity and inclusiveness. Plaques were presented to all finalists and a $50.00 savings bond was presented to Lindsay. Commissioners Johnson and Combs proposed, and all agreed, to give $25.00 each so that each of the rest of the finalists can receive a $25.00 savings bond. Mayor Ison expressed thanks to Plantation Sysco and Mrs. Fran Ratajczak and staff for the holiday dinner and gifts they prepared and served for Ocoee families. Mayor Ison advised that the leftovers were taken to Edgewood Boys Ranch. CONSENT AGENDA Commissioner Hager moved to approve the consent agenda, consisting only of the regular commission meeting minutes of December 6, 1988. Commissioner Combs seconded and motion carried with unanimous vote in favor. SECOND READINGS AND PUBLIC HEARINGS ORDINANCE NO. 88-69 - EXTENDING TIMES FOR SALES OF ALCOHOLIC BEVERAGES ON NEW YEAR'S EVE City Manager Bateman read the title only of Ordinance 88-69 and the public hearing was opened. As there were no comments from citizens or commissioners the public hearing was closed. Commissioner Johnson moved to adopt Ordinance No. 88-69. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Combs, Dabbs, Hager and Johnson, "Aye;" no nays. . Page 2 City Commission Regular Meeting December 20, 1988 ORDINANCE NO. 88-34 - PROVIDING FOR ESTABLISHING SANITATION RATE CHANGE BY RESOLUTION City Manager Bateman read the title only of Ordinance No.88-34. City Attorney Rosenthal pointed out that if the Ordinance is adopted tonight, the accompanying Resolution must also be adopted. The public hearing was opened and closed without citizen comment. After some discussion regarding adequate notice for changing rates, Commissioner Dabbs moved to amend Section 11.8(A) of Ordinance 88-34 by adding a provision for notice thus: Garbage collection service rates shall be established by the City Commmission by resolution after ~ public hearina preceded Qy at least 1 days public notice in ~ newspaper of aeneral circulation in the City of Ocoee. Commissioner Johnson seconded and motion to amend carried with unanimous vote in favor. Commissioner Dabbs moved to adopt Ordinance No. 88-34 as amended. Commissioner Combs seconded and motion carried with unanimous vote in favor. . RESOLUTION NO. 88-17 - APPROVING SANITATION RATE INCREASE City Manager Bateman read Resolution No. 88-17 in its entirety. The public hearing was opened and closed without citizen comment. After a vigorous discussion, Commissioner Johnson asked specifically that comparison rates of tipping fees be provided and he also wants to see whether the increase in volume compares to the increase in the number of citizens. Commissioner Dabbs moved to adopt Resolution No. 88-17 as proposed and City Attorney Rosenthal read the Resolution. Commissioner Hager seconded and motion carried with majority vote. Commissioners Dabbs, Hager and Johnson voted "Aye;" Commissioner Combs voted "Nay." RESOLUTION NO. 88-18 - VACATING A PORTION OF B C TERRY ROAD Mayor Ison read the title of Resolution No. 88-18. Assistant City Manager Finch explained that a letter from Robert Kazaros, Kazaros Brothers Investment Company, stating their objection to the vacation of B.C. Terry Rd. had arrived by mail today, therefore the staff recommendation must be changed to reflect that objection. Commissioner Dabbs, seconded by Commissioner Johnson, moved to deny the petition for vacating. Motion carried with unanimous vote in favor. OTHER BUSINESS RECREATION FEES FOR LAKE LOTTA - This item was tabled until January 17, 1989. . COMMENTS FROM CITIZENS/PUBLIC Mr. Tom Breece, 331 Springfoot, talked about animal control and specifically about barking dogs in his neighborhood and asked for action. . . . Page 3 City Commission Regular Meeting December 20, 1988 SKIP TO AGENDA ITEM VI B 1 - REPORT ON TRANSPORTATION IMPACT FEE/ CLARK ROAD Planning Director Behrens presented maps showing Maguire Road, Clark Road, and Hackney Prairie Road that had been color coded to reflect the portions that will be built by developers, those built with impact fees, and those with development agreements in place, and also showing the property owners along the roads. As some portions of Clark Road lie in the County Mayor Ison raised a question regarding an interlocal agreement with the County to assist us in reservation of the right-of-way and joint paving projects needed to complete the roads. City Attorney Rosenthal stated that a special assessment district can be done based either on the geographic area benefited or on front footage. Mayor Ison directed Planning Director Behrens to confer with County officials regarding the development of Clark Road. Mr. Bob Campbell, P.E.C., asked for approval of the work completed and for direction. Consensus was that the work was well done and that P.E.C. should proceed with the impact fee with the maps as presented. SKIP TO AGENDA ITEM VI A 6 - LAKE OLYMPIA ESTATES SUBDIVISION- FINAL CONSTRUCTION PLANS Mr. Louis Geyes, Wescar, Inc., introduced Mr. Bill Fogel who said that they had several issues to deal with. 1) Mr. Fogel asked consideration regarding the rear yard swale requirements from Lots 63 to 47 as set forth by Rick Merkle, with P.E.C., explaining that a large portion of the yard would be taken up with the swales which would be objectionable. After some discussion, Tom Kelley, with P.E.C., recommended a more modest approach which would be to use 1/2" swale rather than 1" as was done at Lake Moxie and Lake Peach. Assistant City Manager Finch suggested that the homeowners be made responsible for maintaining the swales as designed and it was determined that a deed restriction to that effect would be used. City Attorney Rosenthal said that in order to enforce this the homeowners association can be required by the City to levy a special assessment for an individual lot to enforce a deed restriction. Mr. Fogel agreed to this. 2) Mr. Fogel requested that the fencing requirements be eliminated for the retention pond at the entrance and have the homeowners association purchase insurance to cover liability. Consensus was that this would be acceptable providing the City is notified each year of insurance coverage. City Attorney Rosenthal stated that the following conditions should be required: a) That the City should be named as an additional insured, b) That the City would receive a certificate of insurance, c) If this is not done, the City has the right to purchase the insurance and charge the association, d) . Page 4 Ocoee City Commission Regular Meeting December 20, 1988 . General Indemnification. 3) Mr. Fogel said that they have agreed as staff recommended to reduce the water main from 12" to 8" and to put the water main extension tied in with Brentwood Subdivision on the south side of Silver Star Road and an easement to be dedicated to Pulte in order to have the water main out of the right-of-way of Silver Star Road. Assistant City Manager Finch said that Pulte has agreed to give the City the thirty feet necessary to do this. He stated further that there is a need to run the 12" water line (not a part of the backbone system) from Lake Olympia Drive over to Clark Road and he proposed that this developer share the cost equally with the developer on the north side of the road (U.S. Homes-Silver Glen). Consensus was that the line should be extended at the time commercial property is brought in or the time U. S. Homes (or others) need to come in, whichever occurs first. Mayor Ison summarized: the 1200' extension to the water line from Lake Olympic Drive (new street) to Clark Road master water main will be accommodated by forming a developer agreement with the owners of the commercial property, Mr. Geys, who will agree to construct this line within 2 years from January 1, 1989, unless this line is already being constructed by U. S. Homes or others, or if it is already in place. If the line is constructed by Mr. Geys he will have pay back options from other developers who will benefit from the line wherever they may be. 4) The developer agreed to remove the temporary cul-de-sac adjacent to Clark Road and to connect to Clark Road concurrently wi th the construction of this particular segment of Clark Road. Commissioner Combs, seconded by Commissioner Dabbs, moved to approve the final construction plans with the changes agreed upon above. Motion carried with unanimous vote in favor. Mr. Geys asked for clarification on the timing for payback and was advised that you pay your share when you come out of the ground. . NEW BUSINESS rIRST READING or ORDINANCES Ordinance 88-68, Stormwater Facility Benefit Area Ci ty Engineer Finch explained an ordinance wherein property owners would be assessed for the cost of maintaining retention areas. The ordinance also allows for future assessments by resolution rather than ordinance. Mr. Finch requested one caveat - Section 4 gives the property owner the option of yearly payments or monthly with utility bills. The monthly option is not practical, staff prefers the annual payment. Mr. Finch read the ordinance by title only. Ordinance 88-67 Individual Multiple Family Dwelling Ownership Planning Director Behrens explained this ordinance. Mr. Alton Julian had requested this resolution of his problem. Planning and Zoning Board was not to take action for 30 days to give staff and attorney, and the Board a chance to look at this concept. Planning and Zoning recommends this concept be denied and this ordinance be tabled, and that one Public Hearing be held for purpose of input. One Public Hearing was advertised in August. Mr. Behrens explained that all R-3 zoning would have 0 (zero) lot lines under this zoning. Julian Harper explained that 0 lot line sometimes has advantages under certain conditions. This project does not comply with PUD requirements (PUD does allow 0 lot line.) These o lot line duplexes could be sold as condominiums, without the proper controls. Mr. Julian says he has double fire walls, individual septic tanks and water services. This ordinance will apply citywide, though apparently directed at Mr. Julian's development at this time. Attorney Rosenthal cautioned the Commission to believe that this is not an ordinance for Mr. Julian's project. Is this, i . Page 5 Ocoee City Commission Regular Keeting Deceaber 20, 1988 as a policy matter, something you want to have in R-3 zoning citywide? Commissioner Combs moved to have the first reading and publish for the Public Hearing. Motion died for lack of a second. Commissioner Johnson moved to accept the recommendation of the staff to table any action for 30 days to give staff time to study the issue. Seconded by Commissioner Combs. Motion carried unanimously. Acting City Manager Bateman commented on the ugliness of the retention pond on Orlando Avenue and, in his opinion, the pond might be relocated to allow construction on that corner lot. He suggested Mr. Julian might consider building single family residences on any of the unbuilt lots. Building permits will be issued one at a time, C.O.s will be withheld until everything is as it should be. DOT KAIRTDAlfCE AGREEKDT Mr. Finch reviewed this agreement by saying the City is doing maintenance on DOT right-of-ways without compensation in any form. This agreement would give the City about $22,000.00 annually for maintenance from DOT. It is a standard agreement. Commissioner Johnson, seconded by Commissioner Combs, moved to accept the agreement. Motion unanimously carried. - . DOT RESOLUTIOR RO. 88-19 FOR UTILITY RELOCATIOR AT OCOEE/APOPKA AND SILVER STAR ROADS Mr. Finch summarized the resolution by stating it was a standard agreement and he recommended approval. This resolution authorizes the execution of the agreement. Attorney Rosenthal added in Paragraph 7 preceding, "the City further agrees to indemnify", add, "to the extent permitted by law". Commissioner Johnson made the motion to approve Resolution 88-19 as revised. Motion seconded by Commissioner Dabbs. Motion carried unanimously . PROPOSED PROPERTY FOR REV KISSIKKEE AVE. VATER PLANT Attorney Rosenthal reported that he had received from Mr. Milton a proposal from Mr. Milton to sell property to the City for the proposed water plant for a purchase price of $150,000.00. Based on workshop discussions, the appropriate action by the City Commission would be approval of the contract, with the following revisions: Delete references to a mortgage and having cash due at closing as $150,000.00. The title insurance should be provided by February 1, 1989. Proposed Closing Date would be May 15, 1989. No restriction would be in the agreement to prevent use for the water plant. Additional provisions would be: 1. The obligation of the City to close under the purchase agreement would be subject to the Ci ty obtaining all governmental approvals and permits necessary to proceed with the water plant site and failing those permits by the Closing Date, the City would be able to terminate and receive a refund of the deposit. 2. From date of execution of the agreement the City would have general provisions regarding access to the property for appropriate studies. With these revisions, the mayor and city clerk should be authorized to execute the agreement and that $5,000.00, in terms of deposit, be released from water fund. Mr. Freeman, representing Mr. Milton asked for a "Title Commitment" instead of "Title Insurance". Mr. Rosenthal agreed. Motion by Commissioner Combs, to accept contract for purchase of the water plant site with the amendments and/or changes to the contract as per the City Attorney. Seconded by Commissioner Hager, motion passed unanimously. City Engineer Finch requested that PEC be authorized to apply for the consumptive use permit. Mayor Ison noted that this should be . Page 6 Ocoee City Commission Regular Meeting December 20, 1988 applied for by January 15, or at the January 17 Commission meeting, this project will be given to another engineering firm. Mr. Finch was told to proceed on that basis. Attorney Rosenthal added that no appraisal will be obtained on this property. HUBBARD PROPERTY This property is right next to the Chicone Property and is needed for perc ponds and spray fields. On March 15, an offer was made to Mr. Ryan from the Hubbard Company to buy that 40 acres at $10,000.00 per acre. A letter of November 22 from Mr. McNeal of Hubbard withdrew the offer, since the Commission had not taken action on the offer. Mr. Finch recommended acquiring the additional property. This purchase could be structured out of the ERU Capacity Funds. This will be considered in January and, according to Mayor Ison, should be done under the new Charter. Mr. Finch was directed to contact Mr. McNeal. Closing date was offered as May 15. . RELEASE OF RETAINAGE FOR DEVITT EXCAVATING FOR LAKE MOXIE/LAKE PEACH STORM DRAINAGE IMPROVEMENTS City Engineer Finch explained that DeWitt Excavating had done the outfall project in the Lake Moxie/Lake Peach area. Since problems were anticipated, $5,000.00 in fees were withheld from DeWitt. After this period time, tests have been made and problems have been corrected at a cost of approximately $2,200.00. Mr. Finch recommended release of the $2,775.53. Moved by Commissioner Dabbs, seconded by Commissioner Johnson, to release the retainage of DeWitt Excavating Lake Moxie/Lake Peach storm drainage project. Motion carried unanimously. PROPOSAL FOR VATER AND SEVER IMPROVEKERTS AT INTERSECTION OF SILVER STAR ROAD AND OCOEE-APOPKA ROAD With reference to the utility agreement with DOT entertained earlier in this meeting, Mr. Finch said this would be engineering services for the force main and water mains, relocation work and off-site 6" water main that is necessary to loop the city lines to provide fire protection to an area not served now and to enable abandonment of an old line under Ocoee/Apopka Road. This is almost imperative, since the right-of-way at the Ocoee/Apopka Road is very narrow and it would be l~possible to do later. PEC has submitted a proposal for engineering, surveying, and permitting for an upset maximum of $8,000.00. Approval was recommended. Commissioner Dabbs moved, Commissioner Combs seconded, to approve City Engineer Finch's recommendation to do the intersection of Silver Star Road and Ocoee/Apopka Road at a maximum not to exceed $8,000.00. Motion carried unanimously. FENCE CONTRACT FOR OCOEE SENIOR LEAGUE FIELD City Engineer Finch recommended that Sharp Fence Company be awarded the contract to do the fence for the Senior League field for $13,900.00. The firm is qualified and this is a budgeted item. Commissioner Johnson moved to approve $13,900.00 to low bidder Sharp Fence Company for the fence at the Senior League Field. The motion was seconded by Commissioner Hager and carried unanimously. . . . . Page 7 Ocoee City Commission Regular Meeting December 20, 1988 FIRST READINGS AND PUBLIC HEARINGS ORDINANCE 88-70 COMPREHENSIVE PLAN AKENDKENT - MAXIM BUILDERS ORDINANCE 88-71 REZONING ORDINANCE - MAXIM BUILDERS Senior Planner Harper explained that this is a request for rezoning under the Comprehensive Plan amendment. The parcel is located at the northeast corner of Marshall Farms Road and SR 50 and is to be rezoned to C-2 Commercial District. This one parcel had been "lost" at some point in time. Mr. Harper explained the problems with egress/ingress at this corner. Mayor Ison reported that the Florida Turnpike Authority, East/West and DOT are all deciding on the fate of this Exit 80. This is really an Exit 80 problem and Mayor Ison suggested an injunction or someway to make the City's case for stopping the Authority and DOT from designing a destruction of Exit 80. Mr. Harper advised the Commissioners that he recommended against approval of this rezoning, and for a turndown of the request without prejudice for one year to give the petitioners ample time to retain traffic engineers to study this. A Florida Auto Auction report just recently available stated there are two improvements necessary at the intersection: a traffic signal and a left hand turn lane. Florida Auto Auction is willing to pay for the turn lane and a prorata share of the traffic light. Mayor Ison mentioned that DOT would not approve a traffic light at that intersection because of visibili ty problems. It will require dual signals at both sides of Exit 80, therefore the cost estimate of $40,000.00 is not adequate. Mr. Jim Krause, Cardinal Industries, P.O. Box U, Sanford, Florida does not disagree with the analysis that some type of traffic analysis has to be done. Is this the proper time to do the rezoning, or is site planning the proper time to consider it? Mr. Krause said they are just trying to get the property rezoned in line with previous conversations with the City. The property was C-3 in the County and is currently unclassified in Ocoee. Surrounding property is C-2 and therefore the current request. Planning and Zoning has voted unanimously to grant the requested rezoning. Mayor Ison asked Mr. Krause if his company would sign a Developer's Agreement with the City to agree to do a traffic study. Mr. Krause answered that at site planning approval they would. Motion by Commissioner Johnson, seconded by Commissioner Combs, to deny the C-2 Community District zoning request at the present time. Roll call vote: Commissioner Hager, aye, Commissioner Combs, aye, Commissioner Dabbs, aye and Commissioner Johnson aye. RECESS AT 12:03 a.m. RECONVENE AT 12:15 a.m. REPORTS AND INFORMATION - CITY KANAGER HEW RADIO SYSTEM FOR FIRE/POLICE DEPARTKEHTS Chief Strosnider explained that last year he met with Apopka, Winter Garden and Maitland to work out an upgrade on radio system. Winter Garden and Maitland have since withdrawn from this group. He explained the purpose as an improvement of the current systems, all of which now have deficiencies. His presentation included a bare bones needs program. This is a lease purchase option proposal. Towers, Central controllers, Microwave and Repeaters are fixed equipment expenses that will have to be divided by either two or four cities. Regarding consoles, each city will decide the number they need. The estimated cost to the City of Ocoee is approximately $800,000.00. The chief covered the financing, indicating that Motorola provides financing at 8 and 1/2%. Down payment would be . Page 8 Ocoee City commission Regular Meeting December 20, 1988 $60,000,00. There are other sources of funding for this installation. Installation will take about 9 months. This is not a state contract price. Mayor Ison questioned if the City could do this without going to bid. RFP needs to be written. The additional question of where the money is coming from came up. Police and Fire Department impact fee is one possibility for funding. Mayor Ison suggested investigation of police and fire impact fees and then RFP. At this point, nothing can be done about this situation. . HACKNEY-PRAIRIE ROAD FOR PRAIRIE LAKE P.U.D. City Engineer Finch reviewed for the Commission the history and current status of Hackney-Prairie Road and subdivisions in that area. Since Prairie Lakes PUD is not being built, access to Burnden Park Subdivision is limited to Hackney Prairie Road. Burnden Park developer is required to donate 30 feet of right-of- way and to pay the City the cost of acquiring the remaining 30 feet of right-of- way needed from the Lake Hackney Shores subdivision. Motion of Commissioner Johnson, seconded by Commissioner Dabbs, the staff is authorized to acquire a 30 foot right-of-way across from the Lake Hackney Shores as described in the developer's agreement between the City of Ocoee and the Samano people. Motion carried unanimously. Mr. Bateman introduced the subject of the railroad crossing on Hackney Prairie Road, costing $80,000.00 to $90,000.00. The railroad crossing is tied in with the Sawmill agreement, the City paying 2/3 and Sawmill will pay 1/3 of cost. Mr. Bateman recalled that Forest Oaks would participate. Mayor Ison reminded him that there is $60,000.00 in escrow from Forest Oaks, which would be included in the City's 2/3. Other developers will be involved in the City's 2/3 by financial contribution. RENEWAL SECURITY TRAILER PERMITS City Engineer Finch advised that renewal requests had been received from three of the four companies which have had security trailer permits: Teak Isle, Walter L. Tucker, and Silver Springs Citrus. The owners of Florida Rock and Tank have chosen not to continue the use of a trailer. It was pointed out that Silver Springs Citrus trailer was used for an office rather than for security purposes and that they have acquired a building just north of their business site to be developed into additional administrative space. Mayor Ison explained that the ordinance permitting security trailers was designed to cut down on crimes in the industrial area until the owners had an opportunity to make permanent arrangements. City Attorney Rosenthal expressed concern that there should be a letter on file from Silver Springs Citrus stating that they were using the trailer for security purposes. Commissioner Hager moved to give final approval on those renewal requests until sunset December 14, 1989, with the understanding that they will not be renewed again. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. . REPORT ON BOVNESS ROAD City Engineer Finch gave the staff report on the acquisition of the four corner clips of the Bowness Road/Franklin Street intersection the City had obligated itself to acquire in return for the Department of Transportation moving up their project. The appraised value of the parcels is approximately $4,000.00, the owners are asking about $5,800.00 and Staff recommends approval of the purchases at the asking price so the project can move ahead. Commissioner Dabbs, seconded by Commissioner Johnson, moved to approve the acquisition as recommended. Motion carried with unanimous vote in favor. . . . Page 9 City Commission Regular Meeting December 20, 1988 City Engineer Finch reported that negotiations for the purchases of the outstanding land along Bowness Road will amount to about $42,000.00 and are almost completed. Contracts can be awarded on January 3. Mayor 1son complimented staff for the job well done. DISCUSSION ON OBTAINING ADDITIONAL DGlBEERING FIRMS FOR SERVICES IN THREE SECTORS OF CITY This has been discussed before and is being brought before the Commission for action. The City will be divided into three sectors and a RFP will be written for consulting engineers to work respectively in each of those sectors. Moved by Commissioner Combs, seconded by Commissioner Johnson, to divide the City in three Sectors and write aJlRFP to acquire consulting engineering services for each sector. Mr. Finch will write the RFP for general engineering services. There are procedures to follow in writing the RFP. Motion carried unanimously. CITY ATTORBEY Referring to M & M Utilities, Attorney Rosenthal has filed a notice declining appointment as receiver. The City has also filed a motion to dismiss, part of which says if the City is appointed as receiver, the County should pay for it. Everybody is on notice and all that needs to be done has been done. DR YOUNG I S MEDICAL COMPLEX City Engineer Finch stated there will soon be a waiver for the sidewalk apartment in the complex. This is not a matter for discussion at this meeting. ADJOURBKDT The meeting was adjourned at 12:57 a.m. ATTEST: C' Thomas R. 1son, Mayor ~P.Rove~ Il.,,\.ql