HomeMy WebLinkAbout01-02-90
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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withdrawn from the agenda and the advertised public hearings be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.
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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)
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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.
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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.
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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)
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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)
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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
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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
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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.
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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.
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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
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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.
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Attest: