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HomeMy WebLinkAbout02-21-89 MINUTES OF OCOEE CITY COMMISSION REGULAR MEETING FEBRUARY 21, 1989 Jt~J '-~ ~-~ ~,(' 0~ . The regular meeting of the Ocoee City Commission was called to order by Mayor Ison at 7:31 p.m. in the commission chambers. Commissioner Dabbs led in the prayer and pledge of allegiance to the flag. Commissioner Dabbs also explained the new standing item on the agenda which is an opportunity for citizens to sign a petition against unfunded state mandates. PRESENT: Johnson, Attorney Claman, Holland, Mayor Ison, Commissioners Combs, Dabbs, Hager and City Manager Bateman, New City Manager Shapiro, City Rosenthal, Planning Director Behrens, Associate Planner Public Works Director Brenner, Wastewater Supervisor City Clerk Grafton ABSENT: None PRESENTATIONS AND PROCLAMATIONS . Public Works Director Brenner presented commendations to members of the Water Department who had given aid to the Fire Department in gaining control over a brush fire on A.D. Mims Road. Lonnie Beverly, Jimmy Butler, Michael Keller and Richard Waldrop were cited for heroic action. As he accepted the plaque, Mr. Waldrop noted that the Fire Department has given other departments much appreciated training and assistance and that one of the reasons he likes working for the City is that city employees and departments work together. CONSENT AGENDA The Consent Agenda, consisting of: A. Regular Commission Meeting Minutes of October 18, 1988 and February 7, 1989, B. Special Session Commission Minutes of February 7 and February 11, 1989, and C. Authorization for Mayor to sign contract for State Funding for Comprehensive Planning Assistance, was unanimously approved upon a motion by Commissioner Dabbs and second by Commissioner Johnson. PUBLIC HEARINGS . PLANTATION GROVE P.U.D. Dr. Bob Ferdinand, P. O. Box 742, Windermere, explained that he has appeared before D.R.C. and the Planning and Zoning Board with a new design which switches around the Plantation Grove P.U.D. that was approved last November. They had been asked to redesign in order to take care of an offset intersection and, as the part to be accomodated was an easement, they have determined that the best solution will be to move the commercial area to the north, which places the residential area bordering the county. The change does not alter the number of cuts or any of the other particulars. The public hearing was opened and, as there were no comments from citizens, was closed. Commissioner Dabbs moved to approve the amended plan and Commissioner Combs seconded the motion. Vote was unanimous in favor. . Page 2 City Commission Regular Meeting February 21, 1989 SILVER GLEN P.U.D. Mr. Steve Millage, u.s. Homes, explained that they wish to amend the land use plan approved October 7, 1986 for Silver Glen to include 3 new concepts: 1. to have direct access to Silver Star Road from the residential portion of the P.U.D., 2. to reduce the side yard setback on 60' lots from 7 1/2' to 6', 3. to allow 20' front yard setbacks in order to provide larger rear yard. The public hearing was opened and Mr. R.P. Mohnacky, 1820 prairie Lake Blvd., spoke against any compromise on single family lot size. Mr. Pitt Varnes, 1405 Spring Lake Terrace, commended the designer for the proposed divided entrance, and requested a fence to separate the development from his property. He noted also that any retention ponds should be fenced and separated from private property. As there were no more citizens wishing to speak, the public hearing was closed. . Commissioner Dabbs asked if this will be a substantial change requiring another public hearing and Planning Director Behrens said that it would on Concepts 2 and 3, and that Concept 1 has already been heard by the Planning and Zoning Board at a public hearing. Commissioner Combs moved to approve Concept 1 with two stipulations: (1) the Clark Road entrance shall be as far north as possible with at least a straight ahead lane and right turn only lane (with a turn left lane optional) and (2) the Silver Star Road entrance shall be divided with left/right turn lanes compatible with the Olympia Cove entrance. Commissioner Hager seconded the motion and vote was unanimous in favor. Planning Director Behrens indicated that Concepts 2 and 3 were introduced in order to get an opinion from the Commission before the developer spent a great deal of time and money on design. Concept 2 (side yard setback on 60' lots reduced from 7 1/2' to 6') met with 3/2 vote for; and the vote on Concept 3 (20' front yard setbacks instead of 25') was 5 against. . Mr. Millage raised a question regarding the paving of Clark Road and the credit to impact fees and Mr. John Sundheim, u.S. Homes, clarified their interpretation of the developers agreement. Mayor Ison said that he would propose that the agreement be amended to have them responsible entirely for the road pavement to their most northerly entrance and he indicated that if U. S. Homes chose to come back in to negotiate land use changes that the Commission has the right to upgrade and negotiate other changes for the good of the City. . . . Page 3 city Commission Regular Meeting February 21, 1989 Commissioner Johnson pressed the issue of Mr. Varnes' lake view lots and was assured by Mr. Johnson with u.s. Homes that the site plans adjacent to Mr. Varnes' property would be to his satisfaction before the plans were presented to the Commission for approval. Mayor Ison stated that he will bring the subdivision ordinances up to be amended so that staff will have direction regarding walls along streets and property lines and the matter can be handled during D.R.C. meetings. SAWMILL PLAT PHASE I Planning Director Behrens advised that the Sawmill Plat Phase I was complete except for one item which City Attorney Rosenthal explained to be a procedural matter on the deed that would be resolved when the property is actually platted. Mayor Ison stated that he was interested in seeing the recreation area and that land that was at a steep slant going down to a sinkhole would not be acceptable as recreation area. Mr. Jeff Bersey, 8406 Clarcona-Ocoee Rd, neighbor to the development, stated that sand blows across his property all the time and a wall has not been put up. Mr. Bruce Mylrea, U.S. Homes, said that Mr. Bersey has never contacted his organization regarding a wall and that the county had agreed that one-acre lots were too small for walls, as well. Later on in the discussion, Mr. Outlaw said that early on there were extensive dealings and he had never heard of a wall for the Bersey property. Mr. Bersey also stated that the elevation of the property on both sides of him will cause a problem with drainage. Mr. Mylrea said that he would ask Mr. Stimpson to deal with the sand and the drainage. Mayor Ison asked Mr. Bersey what length wall was needed and Mr. Bersey responded approximatelY 1000'. Mayor Ison stressed that the original agreement was that the developer would do everything possible to cooperate with any and all land owners there, and Mr. Mylrea assured him that they had contacted everyone who had expressed a concern, but that, as Mr. Bersey had not contacted them and Mr. Bersey's lot is a one-acre lot adjacent to their one- acre lots, they did not feel a wall was called for. Mr. Bersey also expressed concern that the buffer lots were 150' deep instead of 150' wide and that there will be no open space when a house is built on the lot. Mr. Terry Clark, 5102 N. Apopka-Vineland Rd., said that Mr. Mylrea had been most cooperative but that his concern is that the street paving will raise the pond and he may lose the entry way he uses around the pond. He asked for a curb cut to enable him to have access when needed. Mayor Ison pointed out for the record that the water level was up over the road in 1969 or 1970 and so the water level should not be blamed on the development going in now. Mr. Clark also asked what type of recreation area will be developed adjacent to his property, so that he would know what type fencing to install. . Page 4 city commission Regular Meeting Pebruary 21, 1989 A detailed discussion regarding recreation area revealed that Tract F is 50% unacceptable for recreation and that access to the acceptable portion is provided by easements in Tract G. When it was pointed out that there were discrepancies in the maps, and that they were presented just before the meeting rather than earlier in the week, Mayor Ison stated that the plan should be tabled until the next meeting in order to incorporate the items discussed at this meeting in the plan. Mr. Mylrea advised that there is really no discrepancy but that Phase I does not present the whole picture, as that one portion of the development is not required to provide the whole 5% recreation area for the entire project, and that large dry bottom retention areas will provide further recreation area. Mr. Rosenthal stated that Mr. Woodson had reviewed the plat and everything is in order legally. . Commissioner Dabbs moved to approve the Sawmill Plat Phase I plan with the stipulation that in Tract F the the slope will be mitigated by grade so that the recreation area is useable and that the rest of Tract F will be deeded to the City promptly. Commissioner Johnson seconded and vote was Commissioners Combs, Dabbs, Hager and Johnson, "Aye," and Mayor Ison voted "No." Motion carried with 4 to 1 vote in favor. RECESS PROM 9:45 P.M. TO 10:11 P.M. RECOMMENDATION TO PROCEED WITH IMMEDIATE EFFLUENT DISPOSAL SYSTEM PROJECTS - PEe Mr. Dave Refling, PEC, summarized the City's position with effluent disposal, recommending that the City proceed with the design and construction of (1) the master effluent pumping station, (2) the required effluent transmission and distribution system and (3) Phase I of the percolation pond system to be located at the Chicone site. Mayor Ison instructed Mr. Refling to provide a possible alternate route to the Chicone site other than the one noted on the map which uses the Hubbard tract. One alternate route is the Ocoee-Clarcona Road. Wastewater Supervisor Holland expressed concern regarding this route because the right- of-way to this road is scheduled to be widened. Mayor Ison stated that it is necessary to consider the next item on the agenda, which is "Assistance in Preparing Financial Feasibility Report with City's Financial Advisor" in conjunction with Items A1, A2 and A3 as Mr. Cohen is arranging short term borrowing with the bank in order to get the funding for those items. Mayor Ison recapped the costs involved in the recommendations: . Feasibility report Effluent pump Transmission system Engineering Chicone Tract $ 4,920 25,725 45,830 41,550 Project Cost $189,000 Project Cost 475,000 Project Cost 490,000 I . . . Page 5 City Commission Regular Meeting February 21, 1989 City Attorney Rosenthal pointed out that, as these proposals are presented under PEC's continuing engineering contract with the City, the source of funds should be identified in any motions that are made. Commissioner Combs moved to approve PEC's recommendation to proceed with the immediate effluent disposal system projects: the master effluent pump station, the wastewater effluent transmission and distribution system, Phase I percolation pond design on the Chicone site, and assisting in preparation of the feasibility report, using as the fund source the ERU's already sold at the wastewater capacity sale. Commissioner Hager seconded the motion and vote was unanimous in favor. MAGUIRE ROAD SOUTH OF STATE ROAD 50 SEWER SYSTEM City Attorney Rosenthal briefed the Commission on Chapter 170 assessment programs and submitted a cost estimate for the sewer system on Maguire Road south of State Road 50 of $199,614 (not including financing costs). Mr. Rosenthall cautioned Commission that an adjustment would need to be made before the final assessment plat could be approved as those figures are binding. He also presented a draft of a resolution in two forms, a lump sum and installment payment, for consideration. Mayor Ison stated that he favored the installment payment approach with a 5 year bank loan as opposed to issuing bonds, due to the cost of bonding. Commissioner Dabbs concurred. City Manager Shapiro was instructed to proceed with the 5 year loan version and place it on agenda in March. CHOOSING DESIGN CONSULTING FIRM FOR CLARK ROAD City Attorney Rosenthal advised that it is necessary to identify the source of funds before proceeding with the RFP process. Mayor Ison pointed out that the object of requesting the staff to prepare to advertise the design of Clark Road was in order the let it be known that this is a separate project that is open to any and all engineering firms to bid on. FINANCING CLARK ROAD Mr. Bob Campbell advised that he does not have a financing scheme prepared for Clark Road at this time. Mayor Ison stressed that the road should be constructed in controlled sections. City Manager Shapiro asked for some time to coordinate the funding and staging. FIRST READING - ORDINANCE 89-03 - BARNETTE DEANNEXING City Manager Bateman read the title only of Ordinance 89-03, Deannexing Barnette Property. Second reading and public hearing will be scheduled for March 7, 1989. . Page 6 City Commission Regular Meeting February 21, 1989 HUBBARD TRACT PURCHASE City Attrney Rosenthal advised that Mr. Selby Sullivan, Trustee of the Hubbard Tract, requests $10,000 down (non-refundable) and $5,000 each thirty days after the date of down payment (also non- refundable). The request was determined to be unacceptable and Mr. Rosenthal was instructed to advise Mr. Sullivan's counsel that we do not have the funding mechanism for the contract but that we want to keep the contract alive. City Manager Shapiro was instructed to find out the cost of appraisal and have information ready for March 7 regular commission meeting. COMMENTS FROM CITIZENS/PUBLIC Mrs. Donna Zielinski, 510 Nicole Blvd., appeared before commission to protest the impact fee she is being charged for improvements to her home. Mayor Ison asked Mrs. Zielinski to wait until some research can be done and return to the regular meeting scheduled for March 7. . The citizens discontinuing service not hour. who were planning to speak regarding the Request-A-Ride and the Tri-County serving this area were not present due to the City Transit the late PUBLIC WORKS DIRECTOR RAY BRENNER - BOWNESS ROAD REPORT Public Works Director Brenner reported that the notice to proceed on Bowness Road has been issued effective March 1, and 140 days to completion is anticipated. As it is necessary to provide benchmark and layout and monuments, he will be bringing in PEC to do some survey work on an hourly basis. LAKE OLYMPIC TOWNHOMES SEWER PROBLEM Wastewater Supervisor Holland advised that one group of townhomes in Lake Olympic which had originally been model homes were not hooked up to the sewer system but had been charged monthly as though they were. The situation has now been corrected. He recommended that they be refunded one year of fees as the City has owned the system for that long. Commissioner Johnson moved to refund 100% of the fees collected from those homeowners. Commissioner Combs seconded the motion and vote was unanimous in favor. . DIRECTION TO STAFF REGARDING ERUS PAID AT OLD RATE Mayor Ison pointed out that in Phase C, not yet developed, at Lake Olympia a developer had paid Prima Vista Utilities $300 per ERU and our rate is $2,500 and he asked for the proper procedure for dealing with this when they are ready to build. City Attorney Rosenthal advised that the $300 should be refunded and $2,500 collected. . . Page 7 City Commission Regular Meeting February 21, 1989 COMMISSIONER COMMENTS Commissioner Hager - None Commissioner Combs thanked Planning Director Behrens for driving him around the City and educating this new Commissioner. Commissioner Dabbs co~nted on the lawyer fees and said the City should be able to operate without $180,000 yearly in attorney fees. City Attorney Rosenthal said that a portion of that amount will be charged back to developers and that a number of the items on the monthly bill are one time items. Commissioner Dabbs asked about the RFPs for engineering firms and was advised that February 22 was the last day for submittal and that approximately 5 had been received so far. Commissioner Dabbs asked about our status with recycling and Mayor Ison advised that we have not started yet with a program. Commissioner Dabbs noted that trucks are still parked on the Stuckie property and City Manager Bateman advised that the Code Enforcement Ordinance needs to be reworked to give it more teeth. Commissioner Johnson said that the Little League Opening Celebration is scheduled to begin at 8:30 a.m. March 4 and include barbeque dinner. The Senior League Field will be March 4 at 5 p.m. and a special occasion will be planned. Day will opened Mayor Ison said that he will agenda presentations at a workshop by private waste haulers regarding recycling. He also will show a film from the League of Cities. ADJOURNMENT The meeting adjourned informally at 11:45 p.m. with the Ocoee Rent-A-Choir singing Happy Birthday to City Clerk Grafton. :iL e dLJ Thomas R. Ison, Mayor . Attest: Je