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HomeMy WebLinkAbout04-18-89 . . . MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD APRIL 18, 1989 The regularly scheduled Commissioners was called the commission chambers. of allegiance to the flag. meeting of the City of Ocoee Board of to order by Mayor Ison at 7:39 p.m. in Mayor Ison led in prayer and the pledge A quorum was declared present. Mayor Ison noted that the petition forms regarding unfunded state mandates were on the table and he encouraged citizens to sign one. PRESENT: Mayor Ison, Commissioners Combs, Hager and Johnson, City Manager Shapiro, City Attorney Rosenthal, Senior Planner Harper ABSENT: Commissioner Dabbs (ill) PRESENTATIONS AND PROCLAMATIONS Mayor Ison announced that he had met with Bill Gwynn and we will be riding on the East/West Expressway Extension by October 1990, and possibly all the way to the turnpike. Also, the Beltway will be in by January 1994. CONSENT AGENDA Mayor Ison pulled Item No. III A (2) Regular Commission Meeting Minutes of April 4, 1989 from the consent agenda as he had not had an opportunity to review them. Commissioner Combs moved to approve the consent agenda, consisting of: A(l). Regular Commission Meeting Minutes of November 15, 1988, and B. Special Session Commission Meeting Minutes of November 22, 1988. Commissioner Johnson seconded and motion carried with unanimous vote in favor. BUDGET AMENDMENT-SECOND READING AND PUBLIC HEARING City Manager Shapiro read the title only of Ordinance No. 89-05, and ordinance to amend the budget for FY88-89. The public hearing was opened and closed with no comments. Commissioner Hager moved to adopt Ordinance No. 89-05. Commissioner Combs seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Combs, Hager, Johnson, and Mayor Ison, "Aye;" no Nays. (Commissioner Dabbs was not present to vote.) DEVELOPERS Mayor Ison announced a special session for Thursday, April 27 at 7:30 p.m.to deal with unresolved engineering problems with The Hammocks, also on that agenda will be the selection of engineering consultants, and possibly other items to be determined later. . . . Page 2 City Commission Regular Meeting April 18, 1989 The Hammocks I and II - Final Engineering Approval Mayor Ison stated that the items to be considered here are: 1) the paving of B.C.Terry Road, (which includes the vacating of the right-of-way) 2) 24" miami curb vs 18" miami curb 3) recreation/park 4) the drainage problem 5) the ponds/stormwater situation The consensus was that the curbs will remain 18". Mr. Lou Roeder, Developer, in review, said that they had worked out all the items except for the vacating of B.C.Terry Road with staff and P & Z and they had been asked at that level what they were going to do regarding the recreation park. The plan was to have a retention pond area above the high water level as well as a tennis court which would net 2.1 acres and a tennis court. Mr. Roeder said that later when the Commission expressed that they wanted the homeowners association to take care of the retention ponds, that took the backbone out of their recreation area. Mayor Ison interjected here that it never was the intention of the Commission for retention ponds or their perimeters to be considered park area. He also pointed out that, as the ordinance for recreation park impact fee and new subdivision ordinances will be coming up soon and whatever is not on the books will be affected by those ordinances, any areas of concern should be worked out now. Assistant City Attorney Woodson stated that when lands are subvdivided within the City the ordinance calls for at least 5% of the gross area of the subject land to be dedicated to the City for recreational purposes with both the Planning and Zoning Board and the Board of City Commissioners approving the final plat showing the location of that recreation area OR if the area is too small...then the owner or developer shall pay to the City a sum of money equal to 5%. The preliminary plat showing the parks as described earlier has been approved at the preliminary site plan review. Mr. Woodson said that the choices are: accept the plat with the recreation area as diagrammed, or declare the area inadequate for recreational purposes and require the 5% equivalent in dollars, deleting out the tennis court and path around the retention pond and putting a fence around the retention pond instead. Mayor Ison called for a straw vote and the consensus was in favor of the 5% in cash ($31,500). Mr. Roeder stated that they would have no problem with that and with producing evidence that that amount is equal to 5% of the purchase price of the property. It was agreed that the sink hole and the retention pond would belong to the homeowners association. . Page 3 City Commission Regular Meeting April 18, 1989 . The next issue was vacating B.C.Terry Road and Mr. Roeder passed out verbatim transcriptions of the meeting held September 6, 1988. In summary (not brief) Mr. Roeder stated that the 5 conditions of approval made by staff had been condensed to 4 conditions of approval by Commission, with only Item 2 having a 'subject to' statement. Those conditions are: 1) That no lots on the western perimeter could receive permits unless the construction is able to meet the city's building codes (such as the required setbacks, lot areas, and widths) without benefit of the additional land provided by the vacated right-of- way. 2) The vacation of B.C. Terry Road south of the Southern Bell site will not be approved by the City Commission unless and until either the development of properties east or west of The Hammocks subvdivision provides the second access for Street G of the subdivision or the property owners abutting this section of B.C. Terry have concurred with the vacating,subiect to the adoption of appropriate ordinances ~ the City within ~ 60 day time frame.' 3) A waiver of the requirement to pave B.C. Terry Road which is called for in the City's Code of Ordinances, with the developer placino $11,000 in ~ trust fund, which covers one-half of the estimated cost of pavino the road, to be retained ~ the City for 1 years. 4) A reduction in the rear yard setbacks from 25 feet for those subdivision lots abutting this section of the way. On lots 111, 112 and 113, the ~ yard setback from 25 feet to 15 feet. On lot 114 the westerly setback is reduced from 15 feet to 7.5 feet. to 15 feet right-of- is reduced side yard Mayor Ison advised staff that the consensus was that this was correct and what was intended by Commission. Mr. Roeder stated that they were willing to provide the potable water line with upgrade but they wanted the normal payback for the increase in line size. Mayor Ison said that has been our custom and still is. Mr. Roeder said that they will mark and clearly define the trees on the drain plan. . Mr. Roeder said there is no problem with the stormwater storage, and the requirement for a cross easement between The Hammocks and Lake Lotta may be a legal matter. City Attorney Rosenthal stated that the documents should be in place, if they are required, at the time the scenario is adopted. City Manager Shapiro advised that, whenever the time is set, the schedule should be uniform for all developers. Assistant City Attorney Woodson stated that our . Page 4 city Commission Regular Meeting April 18, 1989 . ordinances do not require easements to discharge water across a neighbor's land and the engineers have an alternate plan for The Hammocks and Lake Lotta, Ltd. to drive a sheet metal weir down into the property line creating a bowl to capture the water all on their own property. Mr. Woodson said also that it is not appropriate to require The Hammocks to do what the City should be doing, which is to review the Lake Lotta application to determine whether they have met the requirements so that they do not make the bowl overflow. Mr. Woodson's recommendation was to approve the subdivision tonight assuming the engineering aspects are met, subject to receiving a letter of agreement from Lake Lotta, Ltd. prior to construction, saying they are not going to put more than x number of cubic feet of water into the retention pond. City Engineer Kelley stated that we should have an engineering agreement plan approved with concurrency by the other developer. Dr. Ferdinand objected to the approval of his plan being dependent on another developer's timely actions. Mr. Roeder asked if they could name their road B.C. Terry Boulevard if the B.C. Terry Road should ultimately be vacated. The consensus was that they should use that name. Mayor Ison directed staff that the items agreed to tonight are to be considered approved and those remaining engineering items are to be worked out before the special session called for Thursday, April 27, at 7:30 p.m.. Commissioner Johnson moved to table the approval until the special session, Thursday, April 27, at 7:30 p.m.. Commissioner Hager seconded and motion carried with unanimous vote in favor. . SILVER SPRINGS CITRUS CooPBRATIVE - FINAL ENGINEBRING APPROVAL Senior Planner Harper presented staff recommendations which included stipulations: 1) parking lot to be for exclusive use of the illustrated office building, 2) a crash railing around the retention pond, 3) a letter from Orange County Health Department regarding the location of the septic tank in relation to the retention pond, and 4) provide a parking master plan. Mr. John Frith, 7920 Gold Leaf St., Orlando, the engineer on the project, explained that there are 3 buildings on the parcel and renovations are being done on 2 buildings, the third one is a modular building which is an annually permitted structure. He stated that there are 19 spaces available and they have been parking there 15 years and he feels that a parking master plan is not needed. Commission agreed and that, in essence, strikes numbers 1 and 4. Mayor Ison polled the Commission on number 2 and the consensus was to go with the P & Z 's decision to not require the railing. Mr. Frith said that the septic tank meets code. I Commissioner Johnson moved to approve the Final Engineering Site Plan. Combs seconded and motion carried with unanimous vote in favor. Commissioner Hager pressed for everyone to remember that the modular building was permitted only until December 1989. . . . Page 5 City Commission Regular Meeting April 18, 1989 ORDINANCE NO. 89-06-STANDING/PARKING VEHICLES - FIRST READING Second Reading Scheduled for May 2, 1989 City Manager Shapiro read the title only of Ordinance 89-06 and explained that this ordinance will provide for the jurisdiction over standing/parking vehicles will go to the Police Department rather than the Code Enforcement Board. ORDINANCE NO. 89-07 - JUNK VEHICLES - FIRST READING Second Reading Scheduled for May 2, 1989 City Manager Shapiro read the title only of Ordinance 89-07. PRESENTATION OF AUDITORS' REPORT - ELDON MCDIRMIT Mr. Eldon McDirmit, McDirmit, Davis & Company, P.A., presented the auditors' report which was accepted by Commission with compliments for a good job. Mayor Ison said that the Planning and Zoning Board should be provided with copies of the report. AGENDA ITEM 'COMMENTS FROM CITIZENS/PUBLIC' WAS MOVED UP TO HERE Mrs. Cecil (Maxine) Hurst addressed Commission regarding the new cemetery policy which prevents the use of silk or artificial flowers at particular periods through the year, saying that fresh flowers are expensive and those people who want to honor their dear ones would not be able to under the new rules. Commmission was sympathetic and it was explained that the reason for the new rules was so that the maintenance crew could work more efficiently and the general appearance of the cemetery could be improved, but they agreed to revisit the policy. COMPREHENSIVE PLAN SCHEDULE AND PUBLIC PARTICIPATION PROCEDURES Associate Planner Claman explained the Comprehensive Plan Schedule and the Public Participation Procedures and stated that the population figures have been accepted. City Attorney Rosenthal advised that the documents are both acceptable as presented except for Section 9 which should say Resolution rather than Ordinance and he noted also that staff has imposed more stringent rules than Florida Statute. RESOLUTION NO. 89-02 - PROVIDING FOR CITIZEN PARTICIPATION IN COMPREHENSIVE PLANNING PROCESS Mayor Ison read the title of Resolution 89-02. Commissiosner Combs moved to adopt the resolution as read and Commissioner Johnson seconded. The motion carried with unanimous vote in favor. Commissioner Hager moved to adopt the procedure as outlined in Resolution 89-02. Commissioner Combs seconded and motion carried with unanimous vote in favor. CODE ENFORCEMENT BOARD APPOINTMENT WAS POSTPONED UNTIL NEXT MEETING WHEN ALL CAN BE PRESENT . . . Page 6 City Commission Regular Meeting April 18, 1989 SELECTION COMMITTEE REPORT City Manager Shapiro presented the short list of 5 firms to choose 3 from and advised Commission that the firms could be at the April 27 special session for Commission to interview. Commissioner Combs moved to have the Selection Committee Report delivered at the April 27 special session and to put the engineering firms on the agenda after The Hammocks. Commissioner Johnson seconded and motion carried with unanimous vote in favor. MORE COMMENTS PROM CITIZENS/PUBLIC Mr. Harold Switzer asked about contracting out service and City Manager Shapiro advised that the complete evaluation before that decision is made. the sanitation staff will do a Mr. Mohnacky remarked that there will be scavengers picking up the trash when the recyling is started and Public Works Director Brenner explained that we will have an ordinance in place by then that will cover that. Mrs. Cathie Woodson asked about headstones in the oldest part of the cemetery and was directed to meet with City Manager Shapiro. Planning Director noted that the cheapest house in Sawmill won an award. COMMENTS PROM COMMISSIONERS Commissioner Combs reported that on South Bluford Avenue south of the Veterinarian's office there is an auto lot operating without a license. He noted also that there should be a stop sign on Wurst Road. City Manager Shapiro advised that it is ordered and about to be installed. Commissioner Hager - None Commissioner Johnson reported that the State is about to pass an occupational license for $1000 to cover the state for sales. CITY ATTORNEY - No comments ADJOURNMENT The meeting adjourned at 10:00 p.m. ::tLf2 L Thomas R. Ison, Mayor J