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HomeMy WebLinkAbout03-21-89 . MINUTES OF CITY OF OCOBB REGULAR COMMISSION MEETING HELD MARCH 21, 1989 The regularly scheduled meeting of the City of Ocoee Board of City Commissioners was called to order at 7:38 p.m. by Mayor Ison in the commission chambers. Mayor Ison led in the prayer and pledge of allegiance to the flag. PRESENT: Mayor Ison, Commissioners Combs, Johnson, City Manager Shapiro, Assistant City City Planning Director Behrens, Public Works City Engineer Kelley and City Clerk Grafton Dabbs, Hager and Attorney Woodson, Director Brenner, ABSENT: None Mayor Ison announced that Congressman McCollum will hold a meeting at the community center April 15 at 11:30 a.m. and encouraged citizens to take advantage of the opportunity express their opinions there. town he to Mayor Ison also announced a fish fry sponsored by the City of Ocoee and West Orange Chamber of Commerce at the community center May 19 from 5:00 p.m. to 8:00 p.m.. . A plaque was presented by Commissioner Johnson to Mr. Miller for J. R. Mammoth Associates in appreciation for the Park Side Park as Mayor Ison described the ball game held at the opening of the park. CONSENT AGENDA City Manager Shapiro asked that Item D - Approval/Authorization of the Agreement with First Municipal Division-Bane One Leasing Corporation for Lease-Purchase of Sludge Truck be pulled from the Consent Agenda as the contract was not completed. Commissioner Hager moved to approve the Consent Agenda with the exception of Item D, Commissioner Combs seconded and vote was unanimous in favor. The Consent Agenda consisted of: A. Regular Commission Meeting Minutes of March 7, 1989; B. Special Session Commmission Minutes of March 16, 1989; C. Correction to Commission Regular Meeting Minutes of February 21, 1989; E. Award Low Bid for Appraisal of 3 City Owned Parcels to Bell & Irwin, Inc. in the amount of $4,900.00; F. Authorize Wastewater Supervisor Holland to Dispose of Surplus Wastewater Plant Materials. PUBLIC HBAltINGS . OLYMPIA COVE P.U.D. Mayor Ison opened the public hearing for Olympia Cove P.U.D.. City Planning Director Behrens reveiwed the history of the project. Attorney Randi Fitzgerald, speaking for Pulte Home Corporation, pointed out a typographical error in the report regarding the area of the lake, saying that it was really 20.05 acres. Attorney Fitzgerald then addressed the issues to be considered: . Page 2 City Commission Regular Meeting March 21, 1989 Issue A: Cul-de-sacs turn around area of 45' paved and 55' non-paved radius; pulte requests a compromise of 45' paved and 50' non-paved with the understanding that the increase will reduce the City's green area rather than their building area. There were no commission objections to this compromise. Issue B & C: Reworking the layout of the water and force mains in order to avoid duplication of water and sewer lines: Pulte is willing to do if City will bear expense of any cost incurred that is greater than that of following the amended development agreement. Consensus of commission was that it would be fair to agree to this. Issue sprinkler this. D: Retention ponds design to system and backflow preventers: include landscaping, pulte agrees to do Issue E: Run 12' water main to the west on Silver Star Rd. to First St.: As with Issues B & C, Pulte is willing to do if City will bear expense of any cost that is greater than that of following the development agreement. All agreed to this issue. . Issue F: Fence all retention/detention ponds: Attorney Fitzgerald advised that Pulte prefers not fencing the retention ponds as the City's requirement for unfenced retention area, i.e., slope being 5 to 1, has been incorporated and they have been designed to be dry. Also, it was their understanding that the City wished to own the retention ponds. Mayor Ison advised, and commission concurred, that City's position is that developer would own and maintain the area, tax districts will be set up to cover the cost of maintenance of the retention areas and that easements should be executed. City Manager Shapiro pointed out that if the developer continues to own it then the liability regarding fencing goes back to the developer. Issue G. The statement "Force main to connect to existing gravity line at Clark Road." was a typographical error as it is not a gravity line but rather a force main. . Issue H. Provide 5% of gross area for recreation area: The question is regarding public sites and open spaces versus a private park. Commissioner Johnson pointed out that if the designated recreation areas are made to be private areas then the developer is providing amenities for the tenants who will also impact other recreation areas, in which case the developer should be charged an additional recreation fee. Mr. John Freeman, Pulte Homes, said that they have presented the plan previously and this is the first time they have been told of any inadequacy in the recreation area. Both Mayor Ison and Mr. Behrens noted that the minutes of previous meetings show otherwise. City Manager Shapiro presented Mayor Ison with some recommended wording for the motion. . . . Page 3 City Commission Regular Meeting March 21, 1989 Mayor Ison moved to approve the development plan/preliminary subdivision plan subject to (a) compliance by the developer with statements made in their engineer's letter to the City dated February 14, 1989 and (b) the developer submitting to the satisfaction of the City engineer documentation and appropriate engineering calculations to demonstrate that the post development run-off volume on this project does not exceed the pre-development run-off volume from 100 years storm, so as to insure that Lake Olympia does not stage up over time of the continued development; (c) compliance with the issues agreed to in the above paragraphs and (d) 2 1/2% recreation active impact fee with the recreation areas diagrammed being privatized. Commissioner Johnson seconded and motion carried with Commissioners Combs, Dabbs, Hager, Johnson and Mayor Ison voting "Aye." Mr. Mohnacky, recreation area Ison explained been assessed. 1820 prairie Lake Blvd, expressed concern over being not much higher than the water level. Mayor that that was why the recreation impact fee had The public hearing was then closed. SILVER GLEN P. U .D. ..4,,, ,.r,ft" City Planning Director Behrens explained that U. S. Homes," .t.: I ..-1, developer of Sil ver Glen P. U. D., wishes to amend the approved \ " ( / I development plan to include 6' side yard setbacks instead of ;,1.; 7 1/2' and it would be necessary to vote on that issue before opening the public hearing. Commissioner Dabbs had stepped away 0-)" from the table briefly and action was delayed until he returned. Mr. Steve Mallich, 851 Trafalgar ct, stated that they have had success with 6' setbacks on the east side of the county. After a brief discussion Commissioner Johnson moved to approve 7 1/2' side yard setbacks. Commissioner Hager seconded and motion carried with 4 to 1 vote. Commissioner Combs voted "No." Mayor Ison opened the public hearing. Mr. Mallich presented a letter from Mr. Pitt Varnes regarding the masonry wall that had been agreed to and he clarified where the gate would be. Mr. Varnes expressed his appreciation. Mrs. Betty Irvine, 402-13C Orlando Avenue, asked if Center Street will be continued through and suggested an easement through the project for people to walk to the commercial area. Mr. Steve Ysenick, 1350 N. Orange Avenue, Winter Park, spoke for Mr. and Mrs. Varnish, who could not be present, asking that the wall be set back so the Varnish's view would not be impaired. Mr. Varnes explained that he had talked with Mr. Varnish and he was not worried about the wall. Mr. Mohnacky, 1820 prairie Lake Blvd., suggested putting vines on a chain link fence and expressed concern regarding the size of lots and houses and whether the retention ponds would be dry. City Manager Shapiro pointed out that in the original developer's agreement the easterly 50' was to be dedicated for right-of-way on Clark Road and that land has been sold. He was assured that the agreement would be continued as there is a deed restriction . . Page 4 City Commission Regular Meeting March 21, 1989 showing the right-of-way. Mayor Ison read the standard closed drainage basin clause to be included in the motion and said that it will be included henceforth in all motions referring to water front development. Commissioner Hager moved to approve the final master plan/preliminary subdivision plan for Silver Glen P.U.D. with the stipulations of <a) compliance of the developer with the statements made in the engineer's letter to the City dated February 7, 1989, and (b) the developer submitting to the satisfaction of the City engineer documentation and appropriate engineering calculations to demonstrate that the post development run-off volume from the project going to Spring Lake does not exceed the pre-development run-off volume from 100 years storm level, so as to insure that Spring Lake does not stage up over time of the continued development. Commissioner Dabbs seconded and vote was Commissioners Combs, Dabbs, Hager and Johnson and Mayor Ison "Aye." Motion carried. . CANDLEWOOD SHORES SUBDIVISION City Planning Director read the staff report and recommended approval of the preliminary subdivision plan with the stipulation that safe crossing be provided for Clark Road because the park there is attractive and the possibility that children would try to cross over unattended should be considered. After some discussion regarding just what type of crossing facility should be provided City Manager Shapiro advised that all possibilities will be researched and presented to commission before the plan comes up for final approval. . The matter of water/sewer capacity was brought up and Mr. Wayne Atwood, 1243 Cheetah Trail, Winter Springs, explained that he had applied for capacity at the first sale but had not put money up and so will not have capacity reserved until the next sale. He had been waiting on plan approval to get money from the bank. Mr. Mohnacky asked if the developer would be required to provide the turn lanes which would be necessary for the added traffic and Mayor Ison assured him that that matter was covered with each developer before they came before commission. Commissioner Hager moved to approve the preliminary subdivision plan for Candlewood Shores Subdivision subject to <a) the developer submitting to the satisfaction of the City engineer documentation and appropriate engineering calculations to demonstrate that the post development run-off volume from this project going into Lake Johio does not exceed the pre-development run-off volume from 100 year storm, so as to insure that Lake Johio does not stage up over time of the continued development and (b) developer purchasing water and sewer capacity. Commissioner Combs seconded and vote was unanimously in favor withCommissioners Combs, Dabbs, Hager and Johnson and Mayor Ison voting "Aye." RECESS 9:22 P.M. TO 9:39 P.M. . . . Page 5 City Commission Regular Meeting March 21, 1989 ORDINANCE 89-02, TRANSPORTATION IMPACT FEE -(Continued from March 7 Public Hearing) City Manager Shapiro read the title only of the ordinance. City Attorney Woodson noted that he had included more words than necessary in the requested amendment and asked that, under the section for exemptions, only the words "additions to or expansions of single family residential buildings" be included, and all the other words be stricken. A brief discussion revealed that that was the intent of commission when they requested that the amendment be written. Mayor Ison opened the public hearing and, there being no comments from the public, closed the hearing. Commissioner Combs moved to adopt Ordinance 89-02, Transportation Impact Fee, as amended. Commissioner Johnson seconded and roll call vote was Commissioners Combs, Dabbs, Hager and Johnson and Mayor Ison, "Aye." Motion carried unanimously. ARBOR HEALTH CARE City Attorney Woodson explained that representatives of Arbor Health Care had purchased water and sewer capacity at the sale in November 1988, contingent upon closing on their purchase of land from Orange Bank for a nursing home. The closing was scheduled for April 3 but has been rescheduled for June 5, and they now request an extension-using their letters of credit and cash from the previous capacity sale, rather than going through a refund and repurchase at the next sale. Commissioner Dabbs remarked that the material provided for him indicated that if they did not close on June 5 they got everything back and he felt that there should be some charge. It was determined that the reservation capacity charge of $103.00 per year starts with April 3 and they would be paying the legal fees as well. Commissioner Dabbs moved to approve the recommended amendment to the existing contingency date from April 3, 1989 to June 5, 1989 for water/sewer capacity for Arbor Health Care. Commissioner Combs seconded and vote was Commissioner Combs, Dabbs, Hager and Johnson and Mayor Ison, "Aye." Motion carried unanimously. FIRST READING-ORDINANCE NO. 89-04, VACATION OF PORTION OF OA~LAND AVENUE City Manager Shapiro read the title only of Ordinance No. 89-02, Vacation of a Portion of Oakland Avenue. Mayor Ison announced that the second reading and public hearing would be held April 4, 1989. PROPOSAL POR ENGINEERING SERVICES-DUE DILIGENCE RELATED SITE INSPECTION WOR~ ON THE MILTON PROPERTY POR ~ISSIMMBE AVENUE WATER PLANT EXPANSION - PEC City Engineer ~elley recommended that, in order to have the needed information in hand before closing on the Milton Property, now is the time to authorize expenditure of $3,744.00 from the water fund for due diligence site inspection work. Commissioner Combs moved to approve recommendation and Commissioner Hager seconded. Vote i. Page 6 City Commission Regular Meeting March 21, 1989 was Commissioners Combs, Dabbs, Hager and Johnson and Mayor Ison "Aye." Motion carried unanimously. Mr. Kelley requested authorization to proceed with the consumptive use permitting with St. Johns River Water Management District at a cost of $2,000.00. Mayor Ison stated that the primary issue is reuse and the City is already on record as opposing unfunded state mandates. City Manager Shapiro suggested that the permitting process time should be discussed with D.E.R. and an attempt should be made to get them to let us proceed so that we do not lose the property, and also that more information is needed by commissioners on the purpose of the program/mandate. (Mayor Ison said that it sounded like the Engineers' Full Employment Bill.) . PROPOSAL TO AMEND ARTICLE III/JUNK VEHICLB ORDINANCB - CHIEF BOYD City Manager Shapiro explained that our ordinance provides for appeal to the board which is time consuming and Florida state statute allows county sheriff to tow a vehicle after 3/4 days. Mr. Shapiro requested permission to research and provide material for City attorney to draw up an ordinance that will enable Ocoee police to remove junk vehicles that quickly. Commission consensus was approval and Mr. Shapiro was instructed to go ahead with the research. RBSOLUTION FROM FLORIDA GOVERNMENT FINANCE OFFICBRS ASSOCIATION RB: LBGISLATI~ MANDATES ~ t1..~ Commissioner~~ presented a resolution from Florida Government Finance Officers Association regarding legislative mandates. Commissioner Johnson moved to adopt the resolution and Commissioner Combs seconded. Vote was unanimously in favor. COMMENTS FROM CITIZENS/PUBLIC Mr. Don Tyndall commended commissioners for doing a good job. . Mr. Don Tooley, Lecesse Development, 415 E. 6th Avenue, Windermere, advised that they should have been scheduled for this meeting. He had submitted plans for Westlake, Phase III in March 1988 and for some reason his plans did not get on the agenda during the cycle last year. He was before the planning and zoning board March 14, 1989, in an unadvertised meeting and he was told by staff that he could not be heard by commission tonight because there was not time to advertise. City Planning Director Behrens said that March 14 planning and zoning meeting was the first time he had heard about the situation. City Manager Shapiro suggested that commission let us research and report at the meeting April 4. Mayor Ison said that LeCesse would be on the April 4 meeting agenda if it meets all the criteria. STAFF REPORTS - NONB CITY MANAGBR RBPORTS AND INFORMATION - NONB :l . . . Page 7 City Commission Regular Meeting March 21, 1989 COMMENTS PROM COMMISSIONERS Commissioner Hager - None Commissioner Combs - None Commissioner Dabbs asked for status in gathering data for postal service and was advised that we are working on it. Mayor Ison explained that the post office does not want to serve all of the City of Ocoee residences mail and he felt that it was very important for them to do that, especially because of 911. He told Assistant City Attorney Woodson that his assistance may be required to get results. Commissioner Johnson - None Mayor Ison announced that the veteran memorial people want to know where to put the slab for the memorial. Commissioner Johnson is to get with City Manager Shapiro to determine the location. ADJOURNMBN'l' The meeting adjourned at 10:17 p.m. =rLe L Thomas R. Ison, Mayor Attest: Jeu Grafton, - '. . . ~~ Excerpt taken from the tape of Ocoee City Commission Regular Meeting Dated March 21, 1989 Mr. Steve Mellich said that he was handing Mayor Ison a letter for the record which was executed by the Varnes and U.s. Homes which raises the issue which was about to be addressed. Mayor Ison stated that he was reading a letter dated 3/21/1989 and signed by Mr. and Mrs. Varnes: "We propose the following: a 5 foot masonry stucco wall with 24 foot openings at the north end of G Street all to begin at Brentwood Subdivision continuing along the property line to the southeast corner a 6 foot vinyl fence on the southeast corner to Spring Lake, 12 foot gate on dollies at the end of G Street, walls to be built when roads are constructed in section two of the development." Mayor then asked, "Is that satisfactory to you?" Mr. Varnes speaks but the audio is not strong enough to pick up the words...Mayor Ison responds: "Spring Lake Terrace?" and City Manager Shapiro said it was not possible to react to that until it was verified that there is not another Spring Lake Terrace somewhere else.