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HomeMy WebLinkAbout12-19-89 .'--"' MINUTES OF THB OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HBLD DECEMBER 19, 1989 The regularly scheduled Commissioners was called the commission chambers. the pledge of allegiance. meeting of the Ocoee Board of City to order at 7:38 p.m. by Mayor Dabbs in Commissioner Foster led in prayer and PRESBNT: Mayor Dabbs, Commissioners Combs, Foster, Johnson and Woodson, City Manager Shapiro, City Attorney Rosenthal, City Engineer Shira, City Planning Director Behrens, Senior Planner Harper, Public Works Director Brenner, and City Clerk Grafton ABSENT: None PRESBNTATIONS AND PROCLAMATIONS Mr. Mickey Miller, representing the Government Finance Officers Association of the United States and Canada, presented the Certificate of Achievement for Excellence in Financial Reporting to City Finance Director Ivan Poston, explaining that this is the highest form of recognition in the area of governmental accounting and financial reporting. ~ CONSBNT AGENDA The proposed consent agenda consisted of items A, B, C, and D. Commissioner Woodson asked that item B be pulled. ~ Accentance and Annroval of Commission ReGular Meeting Minutes of December ~ 1989. ~ Authorization to Draw YR Ordinance EstablishinG a Beginning Date and Change the EndinG Date for Candidate Qualifvina Period for Reaular Elections ~ Establish Date of November 20, 1990 for 1990 Run-off Election. it Needed Commissioner Combs, seconded approve the consent agenda as unanimous vote in favor. by Commissioner Foster, moved presented. Motion carried to with ~ Annroval of Renewal for Security Trailer Permit. W.L. Tucker. 303 Enternrise Street. After clarifying that this is the only security trailer on industrial property, that this action is not establishing a precedent, and that this is the appropriate time to request the required yearly renewal, Commissioner Woodson moved to approve the request. Commissioner Johnson seconded and motion carried with unanimous vote in favor. COMMENTS FROM CITIZENS/PUBLIC Mr. Dennis Phipps, P.O. Box 550, Clarcona, supporting the City of Winter Park's resolution redistricting, Orange County consider keeping single Orange County Commission district. spoke in favor of proposing that, in cities within one "'-"' '- ........ ...... Page 2 Ocoee City Commission Meeting Minutes December 19, 1989 DBVlLOPBRS-PUBLIC HBARINGS LaKenDon Co..ercial Subdivision-Preliminary Engineering Staff's recommendation is to approve the plan as presented with two (2) conditions: (1) LaKenDon will go through a flood study to determine the 100 year elevation of this property during final design, and that study will be the basis for all compensating storage calculations; (2) This development will connect to the sanitary sewer system through the Town Square Mall (Wal-Mart Shopping Center). Determination of who has the responsibility for the maintenance of the sanitary sewer system behind Wal-Mart will be made prior to Final Engineering. Mr. Charlie True, Engineer for LaKenDon, stated that he concurs with staff. The public hearing was opened. As there was no one wishing to speak, the hearing was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to approve the plan with the two conditions noted above. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," Mayor Dabbs "Aye." Motion carried. Westlake Phase III-Preliminary Bngineering Staff recommendation is to approve as presented, noting that there are three minor points to be addressed at Final Engineering: (1) The 20' utility easement between Lots 23 & 24 must extend to the Lift Station; (2) The proposed gravity sewer along Seminole Street shall be a minimum of 7.5' south of the north easement line; (3) When driveways are constructed along Blackwood Avenue and Seminole Street, provisions must be made to maintain the proposed drainage patterns. Mr. Don Tooley, LeCesse, 1412 W. Colonial Drive, Orlando, said that he is not looking for any contingencies, that he will play by the City's rules this time. The public hearing was opened. Mr. Ted DeWitt, P. O. Box 337, Winter Garden, asked that Commissioners defer approval of the plan as he has done off-site sewer work on Westlake for which he has not been paid. Mr. DeWitt noted also that there were seven other sub-contractors who have not been paid. Mr. Tooley said that the project must reach a certain level of completion before he can pay those contractors and that he is working with City staff to reach that point. Mr. Tooley said also that he has not received notice of non-payment from any of those contractors. City Attorney Rosenthal advised that for the purposes before Commission tonight the issue raised by Mr. DeWitt would not be a basis for deferral. There was no further public comment and the hearing was closed. City Manager Shapiro stated that non-payment is a concern and that City staff will provide the documents necessary for contractors to make the situation known to the D.C.R.. Commissioner Johnson said, and the rest of the Commissioners concurred, that the houses should be '-" '-" '--" Page 3 Ocoee City Commission Regular Meeting December 19, 1989 1200 sq. ft. minimum. Mr. Tooley said that he had planned to have 1800 sq. ft. minimum. Commissioner Johnson, seconded by Commissioner Woodson, moved to approve the preliminary plan with the three conditions stated above and with 1200 sq. ft. minimum. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," Mayor Dabbs "Aye." Motion carried. prairie Oaks Small Subdivision-Preliminary Engineering Staff recommendation is to approve the plan including the waivers requested by developer with the exception of the sidewalk on A.D.Mims Road. The requested waivers are: the sidewalk on A.D.Mims Road, on the west side of Prairie Court and around the cul-de-sac, and reduce cul-de-sac radius from 55 feet to 50 feet, keeping the paved turn-around radius at the required 45 feet. The public hearing was opened. Mr. Bldon Ward, developer, advised that Fire Inspector Coschignano had said that the 45 foot paved radius with a 50 foot cul-de-sac would accommodate the fire trucks. Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., mentioned that consideration should be made for A.D.Mims Road being widened. Staff response was that it would not make a difference. The hearing was closed. The Planning and Zoning Board recommendation was: (1) The Board of Adjustment should review the question of the radius of the cul-de- sac, (2) The developer be required to put sidewalk in on the north side of A.D.Mims Road across the entire frontage of his property per the staff report, (3) Delete the requirement for a sidewalk going westerly around the cul-de-sac and then south back to A.D.Mims Road from the north property line of Lot '7. City Attorney Rosenthal suggested that it would be possible to approve the recommendation of the Planning and Zoning Board with the exception that the issue of the radius of the cul-de-sac be in accordance with Code. Commissioner Combs, seconded by Commissioner Foster, moved to approve as stated by City Attorney Rosenthal. A question was raised regarding item 3 of the Planning and Zoning Board recommendation and Commissioner Combs determined that he wished to amend his motion so that item 3 must be according to Code as well. Commmissioner Foster seconded the amendment. City Attorney Rosenthal advised that, as both had agreed on the amendment, it was necessary to vote only on the amended version of the motion. Motion carried with unanimous vote in favor. Mr. Ward asked what he should do now and City Attorney Rosenthal stated that he should get an application at City Hall and go before the Board of Adjustment. '--' Page 4 Ocoee City co..i.sion Regular Meeting December 19, 1989 SECOND JlBADINGS AND PUBLIC BEARINGS POS'l'PONBD UNTIL JANUARY 2 FOR ORDINANCES NOS.89-48 THRU 89-54 Commissioner Foster, seconded by Commissioner Combs, moved to postpone the scheduled second readings and public hearings of the following ordinances until January 2, 1990 at 7:30 p.m. and motion carried with unanimous vote in favor: 1. Ordinance No. 89-48, Case No. 2-1CR-89:HELLER- Comprehensive Plan/Rezoning 2. Ordinance No. 89-49, Case No. 2-2CR-89:HELLER- Comprehensive Plan/Rezoning 3. Ordinance No. 89-50, Case No. 2-4ACR-89:BROWN-Annexation 4. Ordinance No. 89-51, Case No. 2-4ACR-89:BROWN- Comprehensive Plan/Rezoning 5. Ordinance No. 89-52, Case No. 2-5CR-89:FHB DEV- Comprehensive Plan/Rezoning 6. Ordinance No. 89-53, Case No. 2-6ACR-89:MIZO-Annexation 7. Ordinance No. 89-54, Case No. 2-6ACR-89:MIZO- Comprehensive Plan/Rezoning ........ RBCBSS 8:44 P.M. TO 8:53 P.M. SBCORD READINGS AND PUBLIC HBARINGS Ordinance No. 89-45, Amending Development Review Fee. The ordinance was read by title only. The public hearing was opened. No one wished to speak and so the hearing was closed. Commissioner Woodson, seconded by Commissioner Johnson, moved to adopt the ordinance. On roll call Commissioner Combs voted "Aye, Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," and Mayor Dabbs "Aye." Motion carried. Ordinance No. 89-55, An Amendment to the Zoning Ordinance Establishing Side Setback Requirement. for Corner Lots in Single Family Subdivision.. The ordinance was read by title only. Planning Director Behrens asked permission to read the staff report for the record: 'ISSUE Should the City Commission approve a change in the City Zoning Code which would allow 15 foot setbacks (instead of the now required 25 foot setbacks) on corner lots in single family subdivisions? BACKGROUND The Ocoee City Code requires that corner lots in single family subdivisions have a 25 foot building setback from local street rights of way. (See City Zoning Code, Page 19, Chapter 3, Section 3(7), Open Space, "on any corner lot, the applicable front yard setback shall apply to both street frontages.) The applicable front yard setback is 30 feet in R-1-AAA districts and 25 feet in R-1-AA, R-1-A, and R-1 districts. ....... '-" ....... '-" Page 5 Ocoee City Commission Regular Meeting December 19, 1989 DISCUSSION On October 10, 189 I brought to your attention a situation that exists in the Hammocks subdivision concerning side setbacks on corner lots in residential subdivisions. (See attached letters from Mr. Rick Neal and Mr. Jeffrey McElyea.) Research revealed that both Orange County and the City of Orlando require that structures have a fifteen (15) foot side yard setback from a side street lot line. (See attached letters from Mr. Ed Williams, Director of Planning, Orange County, Florida, and Mr. Mark Platts, Senior Planner, City of Orlando.) We have since received a letter from Mr. Eric Schrader, (Manager in charge of Product Development with the Arvida Company), which describes the situation that Arvida has with their development in Wesmere on Maguire Road. (See attached letter from Mr. Eric Schrader.) STAFF RECOMMENDATION Staff respectfully recommends that the Ocoee City Code (see Zoning Code, Page 19, Chapter 3, Section 3, Open Space (7), be changed to read: "In all residential districts, no structure shall be erected closer than fifteen (15) feet from a side street lot line or any intersecting street right-of-way. The side of the lot with the greater dimension is the street side yard." PLANNING ~ ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval of the amendment by a vote of 4-3.' Here ends the staff report. The public hearing was opened. The following citizens spoke against the change: Mr. Harold Switzer, 609 E. Lakeshore Dr., Mr. R.P. MOhnacky, 1820 prairie Lake Blvd, Bruce Beatty, 311 Hormigas St., Vern Nielson, 603 E. Lakeshore Dr., Jim Wortham, 104 Miller Ct.. Speaking for the change were: Robert Hanson, 671 Black Hawk, Lake Mary, Tom Page, Arvida. Mrs. Bruni Massa, 611 E. Lakeshore Dr., Steve Mellich, 851 Trafalgar Ct., Maitland, said that it's not the setback, but the landscaping that causes the problem. The public hearing was closed. Commissioner Combs, seconded by Mayor pro tem Johnson, moved to not approve the ordinance. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner.) Woodson ."Aye," Mayor Dabbs "Nay." Motion carried with 4-1 vote. /.,..(~ ~ Ordinance No. 89-56, An Amendment to the Zoning Ordinance Providing for Landscape Screening-Buffer Requirements for Small Subdivisions The ordinance was read by title only. Staff recommends amending Appendix B, Subdivision Code Requirements for Builders, Article 7, Improvements, Section 7.6 Landscape or Screening Buffers, Subsection 7.6.1 Screening Requirements to read: "A form of screening shall be provided to separate residetial subdivisions '-" Page 6 Ocoee City Commission Regular Meeting December 19, 1989 from abutting arterial or external collector streets when there are more than two side or rear yards abutting an arterial or collector street." The Planning and Zoning Commission recommended approval of the amendment by a vote of 5-2. The public hearing was opened. Mr. R.P. Mohnacky asked how small is small and City Planning Director Behrens explained that on a cul-de-sac it would not be necessary but on an arterial road a screen would be necessary. The public hearing was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to approve the ordinance. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," Mayor Dabbs "Aye." Motion carried. ........ Ordinance No. 89-57, An Amendment to Chapter 22 of the City Code Relating to the Bstablishment of a Maximum Sewer Rate in the Schedule of Monthly Rates for Sewer Service The ordinance was read by title only. City Engineer Shira explained that the experience from one month's billing had shown that more citizens were using irrigation water than had been originally anticipated and that a cap to the sewer charge at 12,000 gallons would be appropriate. The public hearing was opened. Mr. Jim Wortham, 104 Miller Ct., spoke against the high cap and suggested capping at 10,000 gallons. Mr. Vern Nielson, 603 E. Lakeshore Dr., asked Commission to consider rebating retroactive to October 1 when the rates went up. City Manager Shapiro had already advised that there would be a rebate through the billing system, but that it would take up to 90 days to show up on the water/sewer bills because of the billing cycle. RECBSS 9:52 P.M. TO 9:57 P.M. Upon reconvening, City Attorney Rosenthal stated that the ordinance should be amended as follows: Prior to the paragraph titled Effective ~ insert 'Section 4. The schedule of monthly rates and charges for water and sewer service set forth in Section 2 of this Ordinance shall apply retroactive to October 1, 1989. The method of crediting utility customer accounts shall be administratively determined by the City Manager.' and additionally, Section 7 should be 'Section 5 Effective Date. This Ordinance shall become effective immediately upon passage and adoption.' Commissioner Foster, seconded by Commissioner Johnson, moved to amend the ordinance as stated. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Wooson "Aye," and Mayor Dabbs "Aye." Motion carried. Commissioner Combs, seconded by Commissioner Woodson, moved to adopt the ordinance as amended. On roll call ......... Commissioner Combs voted "Aye," Commissioner Foster "Aye," ....... Page 7 Ocoee City co..ission Regular Meeting December 19, 1989 Commissioner Johnson "Aye," Commissioner Woodson "Aye," and Mayor Dabbs "Aye." Motion carried. City Manager Shapiro stated that he has administratively advised that those citizens who have high utility bills as a result of the sewer charges in excess of 12,000 gallons will not have their service discontinued as a result of the high bill. WATBR AND SBWBR LOAN OR BOND ISSUE (Taken out of agenda order) Mr. Gordon Arkin, Foley & Lardner, presented the agreement with Barnett Bank for the Water and Sewer Bond Issue and explained that it contains two options: option 11- 66.7% of Barnett Banks, Inc. Prime Rate, adjusted on the date of any rate change. (The rate is currently 7.00%), and Option 12- 7.05% fixed until maturity. Commissioner Woodson, seconded by Commissioner Foster, moved to accept Option 12 with Barnett Bank. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," and Mayor Dabbs "Aye." Motion carried. ~ PUBLIC HEARING FOR BOND ISSUB SET FOR DECEMBER 26, 1989 Commissioner Combs, seconded by Commissioner Johnson, moved to hold a public hearing regarding the Bond Issue at 10:00 a.m. on December 26, 1989 in the conference room of City Hall. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," and Mayor Dabbs "Aye." Motion carried. City Attorney Rosenthal pointed out that this complies with the new Charter Article II, Section 7. City Manager Shapiro stated for the record that at no time will an expenditure over $5,000 be made without Commission action. AUTHORIZATION TO HIRE INVBS'l'MBN'l' BANKERS - WM. R. HOUGH City Attorney Rosenthal noticed that there was not a space for the date on the proposed Investment Banking Agreement and suggested inserting today's date. Commissioner Johnson, seconded by Commissioner Combs, moved to approve the proposed Investment Banking Agreement between the City of Ocoee and Wm. R. Hough & Co. as distributed under Item 7 B 3, authorizing execution thereof by the Mayor and City Clerk. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," and Mayor Dabbs "Aye." Motion carried. MAGUIRE ROAD CORRIDOR STUDY Mr. Bob Campbell, P.E.C., 200 E. Robinson St., Orlando, explained that the study had been submitted six weeks ago and was accepted with the exception of Section 6, titled Funding Mechanisms. City ..... ......... Page 8 Ocoee City Commission Regular Meeting December 19, 1989 Engineer Shira recommends approval of the Maguire Road Corridor Study dated November 29, 1989 and certified by Mr. Robert Campbell on November 30, 1989. Commissioner Combs, seconded by Commissioner Foster, moved to approve the study as recommended by City Engineer Shira in the memo dated December 13, 1989. Motion carried with unanimous vote in favor. PROPOSBD REVISION TO TRAFFIC IMPACT FBB STUDY Staff recommends a revision of the fees in Ordinance 89-02, Road Impact Fee Ordinance. Commissioner Foster, seconded by Commissioner Combs, moved to direct staff to prepare a revision to Ordinance 89-02 that will revise the fee schedule. Motion carried with unanimous vote in favor. NON-AGBNDABD ITBM: CODB ENFORCEMENT BOARD MBMBBR IMBS REAPPOINTED Commissioner Johnson moved to reappoint Robert Imes to the Code Enforcement Board for another term. Commissioner Combs seconded and motion carried with unanimous vote in favor. ....... STAFF RBPORTS City Manager Shapiro stated that he will report on the Animal Control Program at the next meeting. City Attorney Rosenthal reported that today the City was served with a lawsuit, Ronald Stucki vs City of Ocoee and Russ Wagner, alledging violations of the 5th and 14th Amendment, Title 42 of United States Code, Sections 1983 and 1988, and he will prepare a response and defend. COMMENTS FROM COMMISSIONBRS Commissioner Woodson reported that he has received complaints regarding a car parked on the curb on Sullivan Street which causes neighbors to not be able to turn into their driveway. Commissioner Foster thanked Santa for the candy he delivered to Mayor Dabbs early in the meeting, as Mayor Dabbs did share a small portion of it. Commissioner Combs wished all a Merry Christmas everyone to drive safely. and cautioned Commissioner Johnson wished all a Merry Christmas and Happy New Year and thanked the employees for a good City party. ........ ~ Page 9 Ocoee City Commission Regular Meeting December 19, 1989 Mayor Dabbs expressed his appreciation to the party planners and noted that it was especially nice that the party was done without City funds. Mayor Dabbs announced that Christmas dinner, provided by Plantation Sysco, will be served to the less fortunate in the City on Wednesday from 5:00 p.m. to 8:00 p.m. in the community center. Commissioner Woodson announced that the Lions Club is Christmas baskets and trees and if anyone knows of a needy they should contact him at 656-3954. giving family Commissioner Johnson noted that the community center needs refurbishing and City Manager Shapiro advised that a comprehensive overview of the job will be ready for the next meeting. Maor Dabbs noted that outside restrooms are needed also. ADJOUlUOlDT Meeting adjourned at 10.54 p.m. Attest: yor "-" .....