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HomeMy WebLinkAbout01-02-90 "-- "'-'" ....,... . MINUTES OP THE OCOBB BOARD OP CITY COMMISSIONERS REGULAR MEBTING HBLD JANUARY 2, 1990 The regularly scheduled meeting of the City of Ocoee Board of City Commissioners was called to order by Mayor Dabbs at 7:31 p.m. in the Community Center. The Commission was polled and a quorum declared to be present. Commissioner Woodson led in prayer and pledge of allegiance. PRBSBNT: Mayor Dabbs, Commissioners Combs, Foster, Johnson and Woodson, City Manager Shapiro, City Engineer Shira, City Planning Director Behrens, Senior Planner Harper, and City Clerk Grafton ABSBNT: None CONSENT AGENDA The proposed consent agenda consisted of items A, B, and C. Commissioner Combs asked that item C be pulled. ~ AcceDtance and ADDrova1 of Commission Reau1ar Meetina Minutes of December 19. 1989 and Commission SDecia1 Session Minutes of December 26. 1989 ~ ReaDDointment of Pitt Varnes and Ray Wood to Code Enforcement Board Commissioner Combs, seconded by Commissioner Woodson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. ~ ADDrova1 of and Authorization for Executina Aareement for Professional Services with LaRue P1annina and Manaaement Services for Growth Manaaement and Plan ImD1ementation Activities: Commissioner Combs questioned the need for a consultant and also whether we had gone to bid and City Manager Shapiro explained that there are few people in the state who are familiar with concurrency and the accompanying new rules and that this firm has the expertise needed to do the job. Commissioner Combs, seconded by Commissioner Foster, moved to approve the recommendation. Motion carried with unanimous vote in favor. COMMENTS PROM CITIZENS/PUBLIC - None ORDINANCES-SECOND READINGS AND PUBLIC HEARINGS City Attorney Rosenthal advised that at the special session held December 26, 1989 the first readings were held for Ordinances numbered 89-58 through 89-62 which are rezoning ordinances. As Staff has determined that comprehensive plan amendments are not necessary, Ordinance Numbers 89-48, 89-49, 89-51, 89-52 and 89-54, for which first readings were held November 21, 1989, should be withdrawn from the agenda and the advertised public hearings be canceled. Commissioner Johnson, seconded by Commissioner Woodson, moved to withdraw the comprehensive plan amendment ordinances, Ordinance Numbers 89-48, 89-49, 89-51, 89-52, and 89-54 and cancel the advertised public hearings. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," Mayor Dabbs "Aye." Motion carried. '-' Page 2 Ocoee City Commission Regular Meeting January 2, 1990 Ordinance No. 89-48, Case No. 2-1CR:HBLLER-Comprehensive Plan Amendment - Withdrawn by Commission action (see page 1) ~ Ordinance No. 89-58, Case No. 2-1CR-89:HELLER-Rezoning Ordinance No. 89-58 "relating to rezoning of lands owned by Heller Bros. Groves located within the corporate limits of the City of Ocoee, Florida and lying within Sections 29 and 30, Township 22 South, Range 28 East, Orange County, Florida; changing the zoning classification of said lands in Parcel #1 from R-1-A to C-3, General Commercial District and in Parcel #2 from R-3 to C-3, General Commercial District; describing the land being rezoned; providing for and authorizing the revision of the official City zoning map; repealing inconsistent ordinances; providing for severability; providing an effective date" was presented by title on second reading. The staff report was given and a public hearing was called. Mr. Louis L. Roeder, Maguire Road Corporation, 2001 Mercy Drive #104, Orlando, supported the petition to rezone. Mr. David Guy, Arvida, Suite 220, 120 International Parkway, Orlando, also spoke in favor. The public hearing was closed. Commissioner Foster, seconded by Commissioner Combs, moved to adopt 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. 89-49, Case No. 2-2CR-89:HBLLBR-Comprehensive Plan Amendment - Withdrawn by Commission action (see page 1) Ordinance No. 89-59, Case No. 2-2CR-89:HELLBR-Rezoning Ordinance No. 89-59, "relating to rezoning of lands owned by Heller Bros. Groves located within the corporate limits of the City of Ocoee, Florida and lying within Section 29, Township 22 South, Range 28 East, Orange County, Florida; changing the zoning classification of said lands from R-3 and C-3 to 1-1, Restricted Manufacturing and Warehouse District; describing the land being rezoned; providing for and authorizing the revision of the official City zoning map; repealing inconsistent ordinances; providing for severability; providing an effective date" was read by title on second reading. The staff report was given calling attention to the fact that a large portion of this land is wetland and that 1-1 zoning is most appropriate zoning. A public hearing was called. Mr. Louis Roeder, Maguire Road Corp. and Mr. David Guy, Arvida, both spoke in favor of the petition. The public hearing was closed. Mr. Glenn Jackson, Heller Bros. Packing, thanked Commission for their time and effort in the planning process and he assurred Commission that he intended to give proper consideration to the wetlands. Commissioner Woodson, seconded by Commissioner Johnson, moved to adopt Ordinance No. 89-59. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," Mayor Dabbs "Aye." Motion carried. ......... Page 3 Ocoee City Commission Regular Meeting January 2, 1990 Ordinance No. 89-50, Case No. 2-4ACR:BROWN - Annexation Ordinance No. 89-50 annexing, "pursuant to Section 171.044, Florida Statutes, the hereinafter described land situated and being in Orange County, Florida and petitioned by Caroline Brown and Frances McGehee; providing for and authorizing the updating of official City maps; providing direction to the City Clerk; providing for severability; providing for conflicts; providing an effective date" was presented by title on second reading. Subject property is located in Section 18, Township 22 South, Range 28 East and contains approximately 128 acres. The staff report was presented and a public hearing was called. Mr. Floyd Whiddon, 501 East Jackson St., Orlando, representing the petitioners, thanked staff for excellent cooperation. City Attorney Rosenthal advised that there were two copies of the annexation ordinance included in the packet and that the only difference was the second reading date. The public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Ordinance No. 89- 50. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," Mayor Dabbs "Aye." Motion carried. ~ Ordinance No. 89-51, Case No. 2-4ACR-89:BROWN - Comprehensive Plan Amendment - Withdrawn by Commission action (see page 1) ...... Ordinance No. 89-60, Case No. 2-4ACR-89:BROWN - Rezoning Ordinance No. 89-60, "relating to rezoning of lands owned by Frances McGehee and Caroline Brown located within the corporate limits of the City of Ocoee, Florida and lying within Section 18, Township 22 South, Range 28 East, Orange County, Florida; changing the zoning classification of said lands from Orange County Agricultural to C-2, Community Commercial District for Tract #1, 1-1, Restricted Manufacturing and Warehouse District for Tract #2, and A-l, General Agricultural District for Tract #3; describing the land being rezoned; providing for and authorizing the revision of the official City zoning map; repealing inconsistent ordinances; providing for severability; providing an effective date" was read by title for second reading. The staff report was presented and the public hearing was opened. Ms. Beverly Jefferson, 1989 E. Christopher Street, Winter Garden, spoke in favor of the proposed zoning and thanked the Planning and Zoning Commission and the Brown family for their consideration. The public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Ordinance No. 89-60. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," Mayor Dabbs "Aye." Motion carried. Ordinance No. 89-52, Case No. 2-5CR-89:PHB DSV - Comprehensive Plan Amendment - Withdrawn by Commission action (see page 1) ~ .... ~ Page 4 Ocoee City Commission Regular Meeting January 2, 1990 Ordinance No. 89-61, Case No. 2-5CR-89:PHB DBV - Rezoning Ordinance No. 89-61 "relating to rezoning of lands owned by FHB Development Corporation located within the corporate limits of the City of Ocoee, Florida and lying within Section 16, Township 22 South, Range 28 East, Orange County, Florida; changing the zoning classification of said lands from Orange County Single Family Residential to R-1-AAA, Large Lot Single Family Dwelling District for Tract #1 and R-1-A, Single Family Residential District for Tract #2; describing the land being rezoned, providing for and authorizing the revision of the official City zoning map; repealing inconsistent ordinances; providing for severability; providing an effective date" was read by title for second reading. The staff report was presented and the public hearing was opened. As no one wished to speak the hearing was closed. Commissioner Johnson asked why staff was recommending R- 1-A instead of R-1-AA for Tract #2 and both Planning Director Behrens and Senior Planner Harper responded that R-1-A would be consistent as three quarters of the property surrounding the tract is R-1-A. After further discussion regarding whether a different zoning could or should be proposed when this is an applicant initiated rezoning and the applicant is not present, City Attorney Rosenthal advised that the property could be developed using the County zoning. Senior Planner Harper wished the record to show that he disagrees. Commissioner Woodson, seconded by Mayor Dabbs, moved to adopt Ordinance 89-61 as presented. On roll call Commissioner Combs voted "No," Commissioner Foster "No," Commissioner Johnson "No," Commissioner Woodson "Aye," and Mayor Dabbs "Aye." Motion did not pass. Commissioner Johnson, seconded by Commissioner Combs, moved to reopen the public hearing. Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., and Mrs. Bruni Massa, 611 E. Lakeshore Drive, asked questions regarding the lot/building size in a particular zoning classification and the set back requirements. Commissioner Woodson, seconded by Commissioner Johnson, moved to continue the public hearing until January 16, 1990. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," Mayor Dabbs "Aye." Motion carried. Ordinance No. 89-53, Case No. 2-6ACR-89:MIZO - Annexation Ordinance No. 89-53 "to annex, pursuant to Section 171.044, Florida Statutes, the hereinafter described land situated and being in Orange County, Florida and petitioned by Thomas C. Feeney, III, Trustee, Windermere Development Corporation, White Road Park, Inc., and Julian Consolidated, Inc. Defined Benefit Pension Plan; providing for and authorizing the updating of official City maps; providing direction to the City Clerk; providing for severability; providing for conflicts; providing an effective date" was presented by title for second ~ ~ '-' Page 5 Ocoee City Commission Regular Meeting January 2, 1990 reading. The staff report was presented and the public hearing was called. Mr. Edward Mizo, 2289 Butler Bay Drive, Windermere, asked that this public hearing be continued until January 16, 1990 as the public hearing for their request to have a 50 foot right-of- way vacated by Orange County is scheduled for the next week. Commissioner Combs, seconded by Commissioner Woodson, moved to continue the public hearing until January 16, 1990. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye, tt Commissioner Woodson "Aye, " Mayor Dabbs "Aye." Motion carried. Ordinance No. 89-54, Case No. 2-6ACR-89:MIZO - Comprehensive Plan Amendment - Withdrawn by Commission action (see page 1) Ordinance No. 89-62, Case No. 2-6ACR-89:MIZO - Rezoning Ordinance No. 89-62 "relating to rezoning of the lands owned by Thomas C. Feeney, III, Trustee, Windermere Development Corporation, White Road Park, Inc., and Julian Consolidated, Inc. Defined Benefit Pension Plan, located within the corporate limits of the City of Ocoee, Florida and lying within Sections 16 and 21, Township 22 South, Range 28 East, Orange County, Florida; changing the zoning classification of said lands from Orange County A-1, Agricultural to R-1-A, Small Lot Single Family Residential District; describing the land being rezoned; providing for and authorizing the revision of the official City zoning map; repealing inconsistent ordinances; providing for severability; providing an effective date" was presented by title for second reading. The staff report was given and the public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., asked some questions about lot size. Commissioner Combs, seconded by Commissioner Foster, moved to continue this public hearing until January 16, 1990. On roll call Commissioner Combs voted "Aye," Commissioner Foster "Aye," Commissioner Johnson "Aye," Commissioner Woodson "Aye," Mayor Dabbs "Aye." Motion carried. RECESS 8:55 P.M. TO 9:03 P.M. FIRST READING OF ORDINANCE Ordinance No. 90-01, "relating to a road impact fee; amending Ordinance No. 89-02; providing for cash reimbursements in lieu of credits; amending the fee schedule; providing for severability; providing an effective date" was presented by title for first reading. Second reading and public hearing are scheduled for January 16, 1990. STAFF REPORTS ......... Page 6 Ocoee City Commission Regular Meeting January 2, 1990 Cost Report on Animal Control Program City Manager Shapiro presented a report showing a proposed cost of $30,350 for the first six months of an animal control program within the City, if Commission should elect to initiate such a program. City Manager Shapiro reported also that there are people in training for the County and possibly they will post one of those people in Ocoee. Consensus was to wait and stay in touch with the County. ~ Community Center Remodeling Project Report City Manager Shapiro presented a list of needed repairs for the community center (see attached "Exhibit A") and requested that the six most urgent matters be approved for immediate action at an estimated cost of $15,000 and that the remainder of the double starred items be scheduled for the second year. Those six items were: 1) Pressure wash and repaint exerior of building, 2) Tear out worn carpet at entrance area and rooms, 3) Install ceramic tile at entrance to extend to double doors and around bar area, 4} Install approximately 230 L.F. of 6" ADS underdrain w/c1eanouts (west and south sides of bulding), 5} Replace damaged triple track for lOt sliding glass door, 6) Replace tattered draperies throughout the center with PVC vertical blinds. Commissioner Combs noted that the item regarding sealing the roof should be included as well. Commissioner Johnson, seconded by Commissioner Foster, moved that $16,000 be moved from the contingency fund to general government fund to be used for the above listed improvements to the community center and to authorize the repairs as requested. Motion carried with unanimous vote in favor. COMMENTS FROM COMMISSIONERS Commissioner Combs asked that a workshop be called in order to complete the evaluation of City Manager Shapiro which was started several months ago. Commission agreed to meet January 16 at 6:00 p.m. in the conference room for that purpose. It was also announced that a special joint meeting with the Planning and Zoning Commission has been set for Pebruary 3, 1990 at the Holiday Inn from 5:00 p.m. to 7:00 p.m. in order to discuss concurrency. Staff is encouraged to attend. Commissioner Foster announced that he likes being a commissioner, that this is a great place to live, and he commended City staff for the job they are doing. ...... '-- Page 7 Ocoee City Commission Regular Meeting January 2, 1990 Commissioner Woodson reported that this is community booths at the fair as next year the smaller area for community displays with the the display will reflect what they really do. recommended that we skip this year and budget the last year for plan is to provide a understanding that Commissioner Woodson for a 1991 display. Commissioner Johnson asked about the car lot on S. Bluford and was advised that Code Enforcement has given them 30 days to resolve the problem. Commissioner Johnson echoed Commissioner Fosterts remarks regarding the fact that Ocoee is a great place to live and the staff works hard, adding that he appreciates the support he has received from both the staff and citizens. Mayor Dabbs reported that he has received a thank you note Edgewood Boyst Ranch for the food trays left for them from Sysco meal at Christmas time. from the ~ Mayor Dabbs stated also that Todd Jernigan had reported a fire at Vignetti Park and asked that recognition be given him. City Manager Shapiro advised that he would arrange for a certificate to be presented. Mayor Dabbs was authorized to represent the City on the Florida League of Cities, Inc. Home Rule Committee concerning Constitutional Amendment #3 to Limit State Mandates on Cities Without Funding. Mayor Dabbs proclaimed January 15-19, 1990 to be the "Week of the Working Parent" and will deliver the proclamation to the "Spotlight on Child Care Benefit Innovators" event at noon on January 16, which is sponsored by Community Coordinated Child Care Resource and Referral. Mayor Dabbs agreed with earlier remarks expressed about the quality of life in Ocoee and said he feels we are coming of age and will be addressing culture and arts. ADJOURNMENT Meeting adjourned at 9:33 p.m. ~ Attest: