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HomeMy WebLinkAbout05-16-89 . MINUTES OF THE OCOEE CITY COMMISSION REGULAR MBBTING HBLD MAY 16, 1989 The regular meeting of the City of Ocoee Board of City Commissioners was called to order by Mayor Ison in the commission chambers at 7:05 p.m. and a quorum was declared present. The meeting had been scheduled for 7:00 p.m. in order to hear a presentation by Mr. Jeff Blledge, Director of Permitting Department, St. Johns Water Management District, regarding effluent reuse. As Mr. Elledge was still en route the meeting r.a....d until 7:20 p.m.. PRBSBNT: Mayor Ison, Commissioners Dabbs, Combs, Hager Johnson (arrived at 7:40 p.m.), City Manager Shapiro, Attorney Rosenthal, City Planning Director Behrens, City Works Director Brenner and City Clerk Grafton and City Public ABSBH'l' : None RECONVDB AT 7:20 P.M. . BPFLUBNT RBUSE - JBFP BLLBDGB, ST JOHNS WATER MANAGBMBNT DISTRICT City Manager Shapiro introduced Mr. Jeff Elledge, Director of Permitting, St. Johns Water Management District, and Ms. Betty Levin, Hydrologist. Mr. Elledge announced that he had delivered the city's water use permit by hand and he then explained the need and purpose of effluent reuse, pointing out that public hearings will be held and we will be notified. CONSBNT AGBHDA APPROVED Upon requests from Commissioners Combs and Dabbs Items C, D, E, G and K were pulled from the consent agenda. Although Item I was not specifically pulled at this time, it was not included in those approved with the consent agenda and so was treated separately with these items. Commissioner Hager moved to approve the remaining items of the consent agenda, which were: A. Regular Commission Meeting Minutes of May 2, 1989, B. Special Session Commission Meeting Minutes of April 27, 1989, F. Utilization of ABC Centrex Telephone System with United Telephone, H. Authorization to Proceed with Rate Study, Fiduciary Study and Water/Sewer Loan Negotiations through Rachlin and Cohen, J. Recommendation of Rejection of Bids for Sale of 3 Parcels of City Owned Land, L. Resolution to Adopt Orange County Animal Control Ordinance, and M. Authorization to Approve Utility Relocatione",nolt Agreement with Florida Department of Transportation. Commissioner Combs seconded the motion and vote was unanimous in favor. . After determining that the agreement as presented included all the items agreed to in previous meetings, Commissioner Combs moved to approve It.m C.-Th. H..-oak., Pha.. I and II D.v.loper's Agr..m.nt. Commissioner Dabbs seconded the motion and vote was unanimous in favor. . . Ie Page ~ City Commission Regular Heeting May 16, 1989 Item D.-Approval of Sludge Truck Agreement and Authorization for Mayor and City Clerk to _xecute Documents and Re.olution...."-..7 Commissioner Dabbs asked why this contract was different from the others that had been presented for the sludge truck lease agreement and City Manager Shapiro and City Attorney Rosenthal explained that the contract as originally presented had the wrong form attached and that it took a very long time to get all the documents straightened out. City Manager Shapiro read the title of the resolution. Commissioner Dabbs moved to approve the recommendation in the staff report and to adopt the resolution. Commissioner Johnson seconded and vote was unanimous in favor. Item B.-Authorization to Hire Gretchen Vose of Shutt. and Bowen for Legal Counsel RB: West Orange Commercial Park. Commissioner Combs questioned the cost of Shutts and Bowen and City Attorney Rosenthal explained that no matter who does the job the developer will be charged back for the cost. Commissioner Combs moved to approve and Commissioner Hager seconded. Vote was unanimous in favor. Item G.-Authorization to Hire Hazen and Sawyer RB: Value Bngin.ering Bffluent Disposal Pacilitie.. After City Manager Shapiro explained that it was appropriate to have an outside firm evaluate previous work, Commissisoner Dabbs moved to approve this item. Commissioner Combs seconded and vote was unanimous in favor. Item I.-Resolution for Conceptual Approval for City to Participate in a County Wide Recycling Program with Letter Attached. ~ Commissioner Johnson moved to approve this resolution and~~o Commissioner Dabbs seconded. Vote was unanimous in favor. Item K.-Authorization to Proceed with Lease/Purchase of Police/Pire Communication System. Commissioner Dabbs moved to approve this item. Commissioner Combs seconded and vote was unanimous in favor. Item L.-ResolutioD to Adopt Orange County Animal Control Ordinance. City Manager Shapiro read the title of the resolution~'D\ as it had been adopted on the consent agenda. PUBLIC HEARINGS COHPltBHBNS IVB INl'IllSTltUC'l'UltB BLBMBN'l' City Planning Director Behrens Infrastructure Element and stated work Associate Planner Claman presented the Comprehensive that he was very proud of the had done on the document. . Page 3 city Commission Regular Meeting May 16, 1989 The public hearing was opened and Commissioner Dabbs said that he wants the developers put on notice that had the information included in this document been in his hands earlier he might have voted differently as the product shows that the recharge area is on the east side of the City instead of west as he had previously thought. Mr. Mohnacky, 1820 Prairie Lake Blvd., Ocoee, asked when closer control of growth should begin. Commissioner Dabbs moved to approve the Comprehensive Infrastructure Element as presented. Commissioner Hager seconded and vote was unanimous in favor. . ORDINANCE NO.89-08, SITB PLAN RBVIEW City Manager Shapiro read the title only of Ordinance No. 89-08. Mayor Ison opened the public hearing and Mr. Jim Swickerath, 1203 Ridgefield, (who is also chairman of Planning and Zoning Board), stated that while all the items in the ordinance are necessary it probably is not necessary to go to such extremes before applying for a site plan. His concern was that early review on development would be dor; by staff only without input from the advisory board. Mayor Ison noted that Item 13.2 in the ordinance provides for review by Planning and Zoning Board. The public hearing was closed. Commissioner Dabbs moved to adopt Ordinance 89-08 as presented. Commissioner Hager seconded and motion passed with unanimous vote in favor. Roll call vote was: Commissioners Combs, Dabbs, Hager, Johnson and Mayor Ison, "Aye." No nays. ORDINANCB NO.89-09, CENTBR LINE SBTBACKS City Manager Shapiro read the title only of Ordinance No. 89-09. Mayor Ison opened the public hearing. Mr. Mohnacky asked for an explanation. City Manager Shapiro and City Planning Director Behrens explained that this ordinance provides that the beginning measuring point for setbacks will be the center line of the road rather than the curb line. Mr. Swickerath noted that the Planning and Zoning Board approved of Ordinance No. 89-09 and Ordinance No. 89-10. The public hearing was closed. Upon a motion by Commissioner Dabbs and second by Commissioner Johnson Ordinance No. 89-09 was unanimously adopted as presented. Roll call vote was: Commissioners Combs, Dabbs, Hager, Johnson and Mayor Ison, "Aye." No nays. . ORDINANCB NO. 89-10, RBBASTABLISH DBVBLOPMBNT FEB SCHBDULE City Manager Shapiro read the title only of Ordinance No. 89-10. The public hearing was opened and, as there were no further comments other than those noted above from the Planning and Zoning Board, the hearing was closed. Upon a motion by Commissioner Johnson and second by Commissioner Hager, Ordinance No. 89-10 was unanimously adopted as presented. Roll call vote was: r . . . Page 4 City Commission Regular Meeting May 16, 1989 Commissioners Combs, Dabbs, Hager, Johnson and Mayor Ison, "Aye." No nays. PLANTATION GROVE P.U.D. PRELIMINARY PLAN APPROVAL City Planning Director Behrens gave the background for the development and advised that the developer has satisfied the items requested by the Development Review Committee, but that the Planning and Zoning Board felt strongly that several other issues should be resolved: the internal and external looping of water lines, transportation, and recreation areas. P.E.C. has also expressed concern regarding drainage area. City Attorney Rosenthal explained the problem with the recreation issue: The zoning for the entire Plantation Grove P.U.D., which includes both sides of Maguire Road, calls for 5.5 acres park area (Parcel J) subject to certain conditions in the developer's agreement (which mayor may not become a public park), as well as an undesignated 4.3 acres of private recreation area throughout the balance of the entire development. The plan presented for this portion of the development shows only 1.013 acres of recreation (which leaves a balance of 3.287 acres of recreation to be incorporated in the remainder of the development in addition to Parcel J). Commissioner Dabbs stated for the record that he feels that those people should pay their fair share of recreation fees as they will be using the City's regular recreation areas as well as the private area provided by the developer; also they should escrow some dollars for transportation impact. Mr. Rosenthal stated that because Commission has approved this P.U.D. and specifically addressed recreation this would not fall under the subdivision code. Mr. Swickerath advised that the Planning and Zoning Board had definite concerns regarding recreation and transportation as the road they expected to be created shows on the plan as a crash gate. As there were no further comments from the public, the public hearing was closed. Mayor Ison stated that the school age population projection report should show on the preliminary site plan and should be sent to the school board. City Attorney Rosenthal noted that the developer's agreement states that the roads will be private and shall be maintained by the developer or the homeowner's association so they have the right to not put a street through to the next development if they so choose. Mr. Ray Bradick, Bowyer-Singleton and Associates, presented a drawing of the Plantation Grove and Arvida developments showing Arvida with a major road and Plantation Groves with a crash gate J01n1ng the two developments. He also presented a diagram of the recreation area and pointed out that it consisted of 1.013 acres. . . . Page 5 City Commission Regular Meeting May 16, 1989 Mr. Lou Roeder, Phoenix Development ompany, stated that (1) he and the other developers agreed to contributing to the area wide traffic study as long as it includes the proposed interchange with Maguire Road and the Turnpike, and (2) they had always planned to keep the roads private and had agreed to a particular site for the 5.5 acre ball park complete with diamond, fences and rest rooms which they would maintain until the City got the anticipated regional park, at which time they would transfer ownership of the park to the City. Mr. Roeder confirmed that there would be no time limit on this offer. Regarding access to the park by people to the west, Mr. Roeder stated that there is one master homeowners association which will provide for the use of the park facilities by the homeowners as long as it is private. Mr. Anil Deshpande, 4226 Ilene Court, Orlando, Park Square Enterprise, Inc., who is the potential owner/developer of Plantation Grove West, said that he has heard a lot of discussion regarding public vs. private roads and wants the record to show that he may not make the roads private. RBCBSS PROM 9:50 P.M. TO 10:08 P.M. Commissioner Hager moved to approve Plantation Grove P.U.D. Preliminary Plan as presented subject to (1) items in P.E.C. letter dated May 3, 1989, (2) looping the water lines, (3) streets to remain private, and (4) staff to do a report on whether streets should be private or public. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. DISCUSSION ON PROPOSBD RBCRBATION IMPACT PBB ORDINANCB After a brief explanation by City Manager Shapiro, Commission directed staff and city attorney to review and prepare the ordinance for first reading on June 6, 1989. DISCUSSION ON PROPOSBD BUILDING PERMIT PBB ORDINANCB City Manager Shapiro commended Mrs. Batts for the yoeman's job she did in the preparation of this material for the proposed ordinance on building permit fees. Commissioner Johnson stressed the importance of making sure the figures are in line before passing this ordinance, and then Commission referred this material to the city attorney to prepare for first reading on June 6, 1989. ORDINANCB NO. 89-11, WATBR CUT-ON FBBS - PIRST READING City Manager Shapiro read the title only of Ordinance No. and Mayor Ison announced that the second reading and hearing are scheduled for June 6, 1989. 89-11 public . Page 6 City Commission Regular Meeting May 16, 1989 PLANHING AND ZONING BOARD MBMBBR AND ALTBlUfATB APPOINTBD Commissioner Combs submitted Mr. Gary Carroll's name to be considered for appointment to the Planning and Zoning Board and Commissioner Johnson submitted Mr. Michael Sims' name. Commissioner Dabbs nominated Mr. Sims for the position and Mr. Carroll as alternate member. Commissioner Johnson seconded and vote was unanimous in favor. CITIZBN/PUBLIC COMMENTS - NONE City Clerk was instructed to agenda City Attorney Comments on the next appropriate meeting as that item was omitted from this agenda. IMPROVBMBNTS AT HARBOUR BIGHLAHDS City Manager Shapiro advised that a report will be made in two weeks on this item and no action was taken. COMMISSIONER COMMBNTS . Commissioner Combs noted that Parkway Motors on Bluford had so many cars that traffic was hindered but he was sure that City Manager Shapiro was taking care of the situation. Commissioner Johnson explained that the reason he was late to this meeting was because he had been to the funeral home to pay his respects to the family of Bob Sorenson. He spoke at length praising Mr. Sorenson and his many services to the community, especially in Little League and on the Code Enforcement Board and he suggested naming the senior league field in his honor. Both Commissioner Dabbs and Commissioner Hager added to his remarks and noted that he will be sorely missed, especially by those citizens and children who are involved in sports. The Commission directed that a proclamation be prepared for the June 6, 1989 meeting. Mayor Ison reported: (1) that an article in the Orlando Sentinel noted Ocoee is being considered for a baseball site, (2) a letter of commendation has been received for the water department, (3) the City of Ocoee will be hosting the West Orange Chamber of Commerce "Priday's Friendly Pish Pry" in the community center Friday, May 19, 1989, (4) a letter has been received from United Arts for Orange County requesting the City to budget for funding. . ~Le<dJ~ Thomas R. Ison, Mayor