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HomeMy WebLinkAbout09-05-89 . MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD SEPTEMBER 5, 1989 Mayor Ison called the regularly scheduled meeting of the Ocoee City Commission to order at 7:32 p.m. in the commission chambers, and then led those present in the prayer and pledge of allegiance. PRESENT: Mayor Ison, Commissioners Combs, Dabbs, Hager and Johnson, City Manager Shapiro, City Engineer Shira, City Public Works Director Brenner, City Planning Director Behrens, Associate Planner Claman, City Attorney Rosenthal, and City Clerk Grafton ABSENT: None . PRESENTATIONS AND PROCLAMATIONS Mayor Ison read a letter from Mr. Barclay Hamilton, 507 E. Lakeshore Drive, who expressed his appreciation for the manner in which Wastewater Supervisor Robert Holland responded when told of Mr. Hamilton's concern regarding supplying oxygen for his brother- in-law in the event of power failure. Wastewater Supervisor Holland had advised Mr. Hamilton that he would hook up a line to the City's portable generator in order to make emergency power available to Mr. Hamilton if such a need developed and that if it should happen when he was not around Mr. Hamilton should call the City emergency number and someone there would take care of it. . CONSENT AGENDA When Commissioner Combs raised a question about Item D, which regards granting the Girl's Club permission to have a trailer for security purposes when the Commission recently put an end to the annual renewal of existing security trailers and the Police Department was denied permission to have a trailer for additional office space, Mayor Ison pulled that item from the Consent Agenda for further discussion. Commissioner Dabbs moved to approve the remainder of the Consent Agenda. Commissioner Johnson seconded and motion carried with unanimous vote in favor. The Consent Agenda consisted of: Item A. Regular Commission Meeting Minutes of August 15, 1989: Item B. Commission Special Session Minutes of August 8 and August 22, 1989: Item C. Commission Workshop Minutes of August 1, 1989: Item E. Approval of Use of Fine & Forfeiture Money from Drug Sales for Law Enforcement Television Network: Item F. Florida Auto Auction Easement Agreement: Item G. Approval of Issuer's Counsel Fee Proposal: Item H. Approval of Tommy Sanders' Request for Records and Tapes for Monument: Item I. 2 1/2% Cost of Living Increase Retroactive: Item J. Ocoee Historical Commission Requests permission to Fly Banners. In the further discussion regarding Item D, the Girl's Club appeal for a trailer for security purposes, City Attorney Rosenthal explained that the difference lies in the fact that in I-1 zoning there is a prohibition of dwelling uses except for sleeping facilities for caretakers or a night watchman and that permission must be renewed . Page 2 City Commission Regular Meeting September 5, 1989 yearly. In I-2 there is a category for a special exception which allows a mobile home as quarters for a night watchman which does not require annual renewal or review, which, once granted, would continue to exist. Commissioner Hager read the five provisions to be enforced if permission is granted: 1) No children be allowed to reside on the premises: 2) The mobile home shall not be less than 14 feet wide and should be in good condition: 3) All applicable City of Ocoee regulations and codes shall be met, including site plan review requirements as prescribed by the Building Official: 4) The premises shall be inspected annually to insure code compliance and to insure that additional "appropriate conditions and safeguards" that may be established by the Board are observed: 5) The "special exception" shall not run with the land. Commissioner Combs moved to approve the Board of Adjustment recommendation to grant the special exception for a single mobile home for a night watchman as requested by the Girl's Club with the stipulation that the above listed provisions be included. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. . COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. DEVELOPERS . SAWMILL-FINAL CONSTRUCTION PLANS APPROVAL This item had been tabled until the Orange County Commission had made public approval of the concept of the construction of Hackney Prairie Road as this was vital prior to consideration of the Sawmill final construction plans. City Manager Shapiro reported that this had, on this date, been accomplished with the County requiring the following stipulations: 1) The design shall be completed consistent with minimum County standards and approval by Orange County prior to construction: 2) The City of Ocoee assumes responsibility for design and permitting for construction of the roadway: 3) The railroad crossing be improved with lights and gates: 4) The appropriate turn lanes and traffic control devices shall be installed at the intersection of Hackney prairie Road and Apopka Vineland Road: 5) All improvements shall be completed at no cost to Orange County: 6) 40 foot right-of-way at Sawmill Subdivision be authorized for emergency vehicles only and a crash gate be installed: 7) Burnden Park shall be secondary access to Sawmill. City Manager Shapiro recommended that the City identify and collect the funds generated by the developer agreements and begin the design of the road and also to approve Sawmill Phase II and III upon collection of fees associated with Hackney Prairie Road. Mayor Ison commended staff for the manner in which this matter was handled, opening up the lines of communication with the County. Commissioner Dabbs moved to approve the Sawmill final construction plans as recommended. Commissioner Combs seconded and vote was unanimous in favor. . Page 3 City Commission Regular Meeting September 5, 1989 . WESTLAKE APARTMENTS SITE PLAN APPROVAL City Planning Director Behrens read the staff report indicating that this heavily wooded project involves approximately 16 acres of a 38 acre parcel bordering Lake Lily. Sewer and water service are to be extended to the project site by the developer. The developer requests a variance under the Arbor Ordinance to reduce the number of parking spaces required by 30 spaces. After a brief discussion regarding the procedure required at 8:00 p.m. a 10 minute recess was called to clarify procedures. Upon reconvening City Attorney advised that the source of the confusion is a provision in the Arbor Ordinance which speaks to the Commission's authority to grant variances from the provisions of the Arbor Ordinance under certain conditions and that would not require an action by the Board of Adjustment. This particular variance is not a variance from the Arbor Ordinance but rather a variance from the parking regulations motivated by a desire to comply with the Arbor Ordinance. Article 8 of Appendix B of the Subdivision Regulations provides that a variance may be permitted if the objective is to comply with the Arbor Ordinance but one of the provisions is that a public hearing must be held. Commissioner Johnson moved to approve the Westlake Apartment Site Plan subject to the decision reached on the parking variance procedure through the Board of Adjustment. Commissioner Hager seconded and the motion carried with unanimous vote in favor. OTHER BUSINESS OCOEE RENT-A-CHOIR SANG HAPPY BIRTHDAY TO COMMISSIONER HAGER . SECOND READING AND PUBLIC HEARING Ordinance No. 89-22: Cemetery Ordinance Amending Chapter 7 of the Code City Manager Shapiro read the title only of Ordinance 89-22 which amends Chapter 7 of the Code. City Attorney Rosenthal proposed revisions to Section 7-7 of the document as presented on August 15 which would cause the ordinance to conform with the form of Cemetery Deed which had been previously approved by Commission and also Mr. Rosenthal had revised the wording in Section 7-7 and Section 7-12. Other non-substantive changes in wording had been made by staff. The public hearing was opened and, as there were no comments from the citizens, the hearing was closed. Commissioner Hager moved to amend Ordinance 89-22 to include the non-substantive Changes referenced in the memo dated August 28, 1989 and also those recommended by City Attorney Rosenthal in his memorandum, i.e., Section 7-7. Ownership-Title. Title to a cemetery lot shall be evidenced by a cemetery deed from the City. . . . Page 4 City Commission Regular Meeting September 5, 1989 The Grantee under such cemetery deed shall be deemed to be the "lot owner", unless otherwise indicated by the records of the City. The "ownership" interest in a cemetery lot constitutes an easement and right to use a lot designated in the cemetery deed for cemetery purposes only together with the right and privilege of burial and interment for the lot owner: provided, however, that such use shall be subject to City of Ocoee and any and all ordinances, resolutions, and regulations currently in effect and which may from time to time be adopted by the City of Ocoee with respect to cemetery lots. To the extent permitted by law, all lots are exempt from taxation and cannot be seized for debts nor can they be mortgaged. The title to a cemetery lot vests in the owner the right to use said lot for burial and interment purposes only for themselves, their heirs or for any such person they may choose to designate: provided, however, that in the event a person other than the lot owner is designated to be buried in the cemetery lot, the lot owner shall not receive any payment or other compensation in connection with the designation of the cemetery lot for the use of such other person. Designation in writing from a lot owner must accompany all requests for permits to bury persons not members of the immediate family of the lot owner and such designation shall comply with all ordinances, resolutions and regulations of the City with respect to the cemetery and cemetery lots. Section 7-12. Memorials. (a) The superintendent or the City Manager may designate sections of the cemetery where the design of memorials shall be limited to flat markers which shall not protrude more than two (2) inches above the ground. No posts, chains, fences, slabs, rocks, gravel or other materials may border or cover graves. (c) Memorials in all sections of the cemetery other than those designated by the City Manager or superintendent pursuant to subsection (a) above may be markers, stones, or monuments. Commissioner Combs seconded the motion to amend and the motion carried with unanimous vote in favor. Commissioner Johnson moved to adopt Ordinance 89-22 as amended. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Combs, Dabbs, Hager, Johnson and Mayor Ison, "Aye," no nays. Ordinance No. 89-23: Amending Chapter 13 of Occupational License requirements for canvassers, solicitors and open air vendors; Occupational License requirements. City Manager Shapiro read the title only of Ordinance 89-23. The public hearing was opened, and as there were no comments from the citizens present, the hearing was closed. Commissioner Combs moved to adopt Ordinance 89-23. Commissioner Johnson seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Combs, Dabbs, Hager, Johnson and Mayor Ison, "Aye," no nays. the Code relating to agents, peddlers, and relating to Home . Page 5 City Commission Regular Meeting September 5, 1989 . Ordinance No. 89-24: Revising Water/Sewer Rates and Deposits City Manager Shapiro read the title only of Ordinance No. 89-24 and explained that the rates are being changed in order to bring them in line with the cost of supplying the services, to cover the cost of repairs that previously had been delayed too long and also to provide for expansion of the system. City Engineer Shira proposed, in a memo dated August 18, 1989, that a few significant changes be added: 1) Initial Account Deposit, requires information regarding the type of use be provided to the City and provides a revised schedule of deposit fees: 2) Non-Sufficient Funds or Returned Checks, Provider for notification to the consumer of an NSF check, and sets the NSF check fee at $15.00: 3) Specific Charges, Establishes fees for: a)Turn on/off for customer convenience, b) Unauthorized connection to City system, c) Fire hydrant meter deposit, d) Bulk water use (Tanker Truck), e) Tampering with meters, f) Fire lines (payable annually): 4) Establishment of Base Facility Charges for Water and Wastewater for 8", 10" and 12" meters, These sizes were not addressed in this study. The public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., repeated his statements from the last meeting regarding the looping of water lines and the Over 65 Program and he stated further that he felt that the longer term residents should keep the older rates. Commissioner Combs moved to approve Ordinance No. 89-24 as revised according to City Engineer Shira's recommendations. Commissioner Hager seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Combs, Dabbs, Hager, Johnson and Mayor Ison, "Aye," no nays. . Ordinance No. 89-25: Maximum Building Height Limitation for Hospitals and Medical Facilities City Manager Shapiro read the title only of Ordinance No. 89-25. Planning Director Behrens advised that there were a few changes made to the original ordinance submitted August 22, 1989 for clarification purposes only and that the proposed text would read as follows: "3. Hospitals, medical facilities and support facilities (including, but not limited to, professional office and other healthcare-related and/or commercial structures, buildings or improvements related thereto) (collectively "Structures" and singularly a "Structure") may be erected up to two hundred feet (200') in height above the existing natural grade provided that the minimum depth of front and rear yards and the minimum width of side yards applicable to a particular Structure shall be increased by one foot for each two feet by which such Structure exceeds the height limit prescribed by the appropriate commercial zoning in Chapter IV of Appendix A, the intent being that a separate determination shall be made as respects the appropriate setback . . . Page 6 City Commission Regular Meeting September 5, 1989 applicable to each Structure and such determination shall be based upon the height of such Structure only without reference to the height of other Structures located upon the same or adjoining, adjacent, contiguous or proximately located property." The public hearing was opened. Mr. Mohnacky expressed concern regarding fire control and man made materials used in construction. Mayor Ison asked Fire Chief Strosnider to respond, which he did. Commissioner Hager moved to amend Ordinance No. 89-25 as stated in recommendation above. Commissioner Combs seconded and motion carried with unanimous vote in favor. Commissioner Johnson moved to adopt Ordinance No. 89-25 as amended. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Combs, Dabbs, Hager, Johnson and Mayor Ison, "Aye," no nays. DRAFT HOUSING ELEMENT INTERIM DELIVERABLE Associate Planner Claman explained that this is a working document (based on 1980 data) which must be submitted by September 30 in order to receive money. Ms. Claman asked that Commissioners review the element for the September 19 regularly scheduled commission meeting when it will be on the agenda again. Ms. Claman pointed out that the document calls for 6 citizen committees and the Planning Department will be mailing information to citizens including an application for citizens to return to Commission noting their interest/preference in serving on the committees. Ms. Claman explained further that each committee will have 1 P&Z member, 1 Commissioner and 5-10 citizens to serve from October 1989 through April 1990. While the matter was under discussion, the Commissioners elected to volunteer for each of the committees as follows: Recreation - Commissioner Johnson, Traffic- Commissioner Combs, Housing - Commissioners Dabbs and Hager, Intergovernmental Coordination - Mayor Ison (for 1 or 2 meetings) , Future Land Use - Commissioners Johnson and Dabbs, Capital Improvements - Commissioner Combs. DISCUSSION ON PURCHASE OF HUBBARD TRACT City Manager Shapiro advised that after negotiations the 40 acre Hubbard tract, adjacent to the Chicone tract, is available for $340,000 which is 10% over the appraisal done by Selby Sullivan over a year ago. Mr. Shapiro pointed out further that the funds are available, a part of the 2.4 million dollars reservation money, and no conflict with the stipulation agreement made at the closing of Prima Vista Utilities purchase. Commissioner Combs moved to approve the purchase contract, authorize the Mayor and City Clerk to execute the purchase contract, and make a specific finding that for the reasons stated by City Manager Shapiro with I. . . Page 7 City Commission Regular Meeting September 5, 1989 respect to the age of the appraisal and other factors, that it is in the public interest to purchase the property at a price in excess of the appraised value. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. City Attorney advised that a deposit should accompany the contract when it is sent to Mr. Sullivan for his signature and that it will become effective at that time. According to the contract, closing is 45 days from the effective date of the contract. DISCUSSION OF PURCHASE OF RICH TRACT City Manager Shapiro stated that earlier discussions had indicated that Commission was interested in acquiring more land to be used as spray fields and possibly, ultimately, as parks or a golf course site. Mr. Shapiro advised that the Rich tract, a 23.7 acre parcel contiguous to the Chicone parcel and abutting at its corner on Ocoee-Clarcona Road, with a portion leased and providing income, has become available at a price of $400,000. Commissioner Johnson said that the amount of income should be verified. Mayor Ison asked for a preliminary perc and ERU report be done by City Engineer Shira as this will be additional capacity to commit to. City Manager Shapiro said that he could get the appraisal, find the cost of having a geo-technical report and, if it is less than the required amount for commission action, proceed with that also. City Attorney Rosenthal recommended that the appraisal also include the fair market lease or rental value of the property. Commissioner Dabbs moved to authorize the use of contingency funds to acquire an appraisal on the Rich tract along with a preliminary geo-technical site analysis. Commissioner Johnson seconded and vote was unanimous in favor. STAFF REPORTS None COMMENTS FROM COMMISSIONERS Commissioner Hager said that he was happy to have celebrated his 39th birthday last Thursday plus 25 which equals 42. Commissioner Hager stated that he has been here most of his life and has enjoyed it and that this will be his last year in office, that he appreciates the support he has received from citizens but that it is time for him to step down. Commissioner Combs said that he will be out of town until Monday and if he is late to the meeting it will be US AIR's fault. Commissioner Dabbs noted that it is time for City Manager Shapiro's 6 month evaluation. The time for a workshop was set for September 19 at 6:30 p.m. before the regular meeting. . . . l Page 8 City Commission Regular Meeting September 5, 1989 Commissioner Dabbs also asked how other commissioners handle the overflow of paper caused by the packets from all the meetings. Both Mayor Ison and City Manager Shapiro advised that keeping the papers for a year and disposing of all but the sensitive items after that time would relieve the problem somewhat. Commissioner Dabbs noted that there were big commercial style dryers with doors still on at the old fire department building. City Manager Shapiro said that they would be taken care of by morning. Commissioner Dabbs noted that invitations have been received for the Greater Orlando Chamber of Commerce activity on September 20 and the Junior League Continental Breakfast on September 26. Mayor Ison announced that he will not be running for re-election this year and it has been fun. ADJOURNMENT Meeting adjourned at 9:28 p.m. Attest: JL1L Thomas R. Ison, Mayor