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HomeMy WebLinkAbout01-16-90 '---. MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD JANUARY 16, 1990 Mayor Dabbs called the regularly scheduled meeting to order at 7:34 p.m. in the commission chambers and led in prayer and the pledge of allegiance. The commission was polled and a quorum declared to be present. PRESENT: Woodson, Engineer Harper, and City Mayor Dabbs, Commissioners Combs, Foster, Jonson, and City Manager Shapiro, City Attorney Rosenthal, City Shira, City Planning Director Behrens, Senior Planner Associate Planner Claman, Public Works Director Brenner, Clerk Grafton ABSENT: None ~ CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, and D. A. Acceptance and Approval of Commission Regular Meeting Minute~ of January 2, 1990 B. Recreation Board Reappointments (Chambers, Boston, Martin, and Best to October 1990) (Appoint Gordon Applegate to finish Mrs. Walls' term to October 1990) C. Tri-County League Appointment to CARL Committee (Lisa Claman) D. Ocoee adv. James E. Wagner, et al (re:Pylant Property) Ratification of Cross-Claim and Waiver of Conflict of Interest Commissioner Johnson, seconded by Commissioner Foster, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. COMMENTS FROM CITIZENS/PUBLIC Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, urged Commission to get behind Florida Power and encourage them to enlarge their operation in order to serve the projected growth. He cited the recent outages during the low temperatures at Christmas as evidence of need. Mr. Mohnacky also stressed the need to require more right-of-way from developers in order to provide wide enough roadways to accommodate the increase in users. ORDINANCES-SECOND READINGS AND PUBLIC HEARINGS ORDINANCE NO. 89-61, CASE NO. 2-5CR-89:FHB DEV-REZONING (Continued from January 2 Public Hearing) "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 .......... .'-" Page 2 Ocoee City Commission Regular Meeting January 16, 1990 ..... 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 presented by title for second reading. The public hearing was reopened and Senior Planner Harper refreshed everyone's memory stating that the petitioner requests R-1-AAA near the lake and R-1-A for the rest of the parcel, that Commission had voted not to grant R-1-A at the meeting January 2 but had continued the public hearing so that the petitioner could be present to clarify some issues. Mr. Bob Hoffman, 6333 Sleepy Hollow Drive, Orlando, apologized for not being present at the January 2 meeting and explained that they had requested R-1-A because that zoning was the same as the adjacent properties, and that they planned to erect 1775 sq. ft. homes, which is considerably larger than the 1200 sq. ft. required in the City of Ocoeets R-1-A zoning. Mr. Hoffman then distributed diagrams of the houses they intend to build and a site plan. Commissioner Johnson stated again that he felt putting R-1-A next to R-1-AAA was not good. No one in the audience wished to speak and the public hearing was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to adopt Ordinance No. 89-61 as presented on second reading. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "nay," Commissioner Woodson "aye," Mayor Dabbs "aye." Motion carried with 4-1 vote. ~ Ordinance No. 89-53, Case No. 2-6ACR-89:MIZO-Annexation (continued from January 2 public hearing) "to extend the municipal limits 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 reading. Senior Planner Harper distributed a letter from Edward Mizo explaining that the County had not vacated the road right-of-way as requested and therefore the legal description of the right-of-way should be deleted from the legal description of the property on both the annexation ordinance and rezoning ordinance. City Attorney Rosenthal advised that he had received a letter from Mr. Mizo requesting the deletion of the described right-of-way and for clarification and for the record Mr. Rosenthal noted that: 1) the original petitioners have sold the '-" Page 3 Ocoee City Commission Regular Meeting January 16, 1990 ,...... property, 2) the new owners have signed all the appropriate papers and the papers are in order, 3) as the County did not vacate the right-of-way the only way to proceed with the annexation is to delete the right-of-way portion of the legal description (leaving the right-of-way in the County until such time as it is vacated by the County, at which time it would revert back to the parent tract), and 4} the advertising procedure was done for the property including the right-of-way and to annex a lesser parcel of land will not necessitate readvertising. The public hearing was opened. Mr. Ed Mizo, 2229 Butler Bay Drive, Windermere, explained that they will readdress the County regarding vacating the right-of-way and take further action regarding that portion as necessary. The public hearing was closed. Commissioner Foster, seconded by Commissioner Combs, moved to adopt Ordinance No. 89-53 annexing the parcel. Commissioner Combs, seconded by Commissioner Johnson, moved to amend the ordinance by deleting from the legal description the reference to the proposed right-of-way. Voting on the amendment, on roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," Mayor Dabbs "aye." Motion carried. Voting on the amended ordinance, on roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," Mayor Dabbs "aye." Motion carried. ~ Ordinance No. 89-62, Case No. 2-6ACR-89:MIZO-Rezoning (continued from January 2 public hearing) "relating to rezoning of 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. Senior Planner Harper explained that the parcel is located on the northeast corner of White Road and Clarke Road. City Attorney Rosenthal pointed out that Staff has determined that the requested rezoning is consistent with the comprehensive land use plan. The public hearing was opened and, as no one wished to speak, the hearing was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt Ordinance No. 89-62. Commissioner Woodson, seconded by Commissioner Foster, moved to '-- Page 4 Ocoee City Commission Regular Meeting January 16, 1990 amend the ordinance by deleting from the legal description the reference to the proposed right-of-way. Voting on the amendment, on roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," Mayor Dabbs "aye." Motion carried. Voting on the amended ordinance, on roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," Mayor Dabbs "aye." Motion carried. Ordinance No. 90-01, "relating to a road impact fee; amending Ordinance 89-02; providing for cash reimbursement in lieu of credits, amending the fee schedule; providing for severability; providing an effective date" was presented by title only for second reading. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to adopt Ordinance No. 90-01. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," Mayor Dabbs "aye." Motion carried. ~ RECESS 8:27 P.M. TO 8:40 P.M. During recess a birthday cake was presented to Commissioner Johnson and the Ocoee Rent-a-Choir sang "Happy Birthday" with more sincerity than melody. -.... DEVELOPER PUBLIC HEARING GOOD HOMES ROAD PLAZA - PRELIMINARY ENGINEERING PLANS City Planning Director Behrens presented the staff report recommending approval subject to a few clarifying points to be enumerated by City Engineer. City Engineer Shira noted that the items to be considered were as follows: 1} Page 3- Note 7A: Water main being built "by others" not "by City," Note 7B: Force main not being built by City. This is part of the shopping center and needs to be on shopping center plans; force main size will probably not be 12"...determined by lift station design, 2) Page 4-Backflow preventor is to be detector check type (assembly), 3) Lift station referred to as "constructed by others" is an integral part of this shopping center and must be included in final plans, 4) Sheet 9- Master meter and check valve assemblies to be provided and installed by developer rather than by Orange County, 5) Manhole #11 to Manhole #5 City maintained, with access easement provided. The comments should also include those from GAI: The Developer agrees: l)to revise the plans and implement all review comments submitted by GAI-SE on 1/02/90 and 1/03/90 for final design, 2) to apply the Orange County parking design standards to this project in their final design. GAI-SE recommends acceptance of the parking need analysis report in lieu of providing all '- '-'" '-' Page 5 Ocoee City Commission Regular Meeting January 16, 1990 spaces as specified per City code. (City Engineer Shirats note: Analysis recommended by GAI performed by Glace & Radcliffe, and design exceeds that required by analysis. Revise analysis to reflect revised square footage.) 3) Prepare a complete traffic signal plan for the intersection of Good Homes Road and SR 50 in the final design package. 4} Look at providing landscaped buffer strips in the angle parking areas if the strips will not result in eliminating additional parking spaces, 5} agree to a two-stage process (preliminary design and final design) with dates as follows: Preliminary P & Z Board Meeting - January 9, 1990 Preliminary City Commission Meeting - January 16, 1990 Final DRC Meeting - February 1, 1990 Final P & Z Board Meeting - February 13, 1990 Final City Commission Meeting - February 20, 1990 Qo/41S . . Mr. Allen GOrms, AG Development, expla~ned h~s background and experience and expressed appreciation for staff's interest in the planned development. The center will include Publix, Walgreens, Ben Franklin Craft Store and S. Klien dress shop. Mr. ~s agreed with the list provided above by staff and will comply. The public hearing was opened and Mrs. Gretchen Jacobs, 9127 Queen Elizabeth Court, Orlando, representing Rose Hill Subdivision, said that the homeowners are pleased with the brick work that will fit right in, and also with the prospect of a higher quality restaurant and the only major concern they have is with the wall which one row of homeowners will be looking at. Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., asked if there is any provision for a six lane highway and was advised that there is not. City Planning Director Behrens said that when the developer first brought in the project he took it to Mr. Ed Williams in Orange County Planning Department to determine the traffic impact on Highway 50 and Good Homes Road and three different sets of engineers have analyzed the projected travel needs from every possible angle. Mr. Bob Campbell reinforced Mr. Behrents comments. As no one in the audience wished to speak the public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to approve the preliminary engineering plans as presented subject to the contingencies noted by staff. Motion carried with unanimous vote in favor. OTHER BUSINESS First Reading of Ordinances-Second Reading and Public Hearing Scheduled for February 6, 1990. Ordinance 90-02, "repealing the present Section 8-2 of the City Code relating to the qualifying period for candidates for election '-' Page 6 Ocoee City Commission Regular Meeting January 16, 1990 to office in City government; adopting a new Section 8-2 of the City Code relating to the qualifying period for candidates for election to office in City government; providing for severability; providing an effective date" was presented by title for the first reading. Ordinance No. 90-03, "establishing a police impact fee; adopting a fee schedule; providing for time of payment; providing definitions; providing for an annual review; providing for credits; providing for exemptions; providing for a trust fund; providing for a penalty; providing for severability; providing an effective date" was presented by title for first reading. Ordinance No. 90-04, "repealing Ordinance Number 871 relating to a flat rate charge for non-metered construction water; providing for severability; providing an effective date" was presented by title for first reading. ~ Discussion and Authorization for New Water/Sewer Capacity Sale City Manager Shapiro explained the need for a new water/sewer capacity sale to accommodate the growth. Commissioner Foster, seconded by Commissioner Johnson, moved to authorize staff to proceed with necessary steps to prepare for the sale as requested. Motion carried with unanimous vote in favor. Discussion and Authorization for Contest for Design of City Seal City Manager Shapiro proposed a contest to redesign the City Seal as it was designed by one individual and there is little historic significance found in the design. There was no support for the proposal from the Commission. No contest will be held at this time. QUARTERLY BUDGET REPORT City Finance Director Poston reported that revenues are running above average (32.1% of anticipated for the year) and expenditures are at 28.7% of the budget. The City is showing a profit and will continue after the end of the quarter. (See attached report.) Mayor Dabbs commended Mr. Poston on a job well done and announced that the City is in good shape. COMMENTS FROM COMMISSIONERS Each Commissioner wished Commissioner Johnson happy birthday and expressed appreciation for the opportunity to serve. '-' Commissioner Combs noted that there was a letter from Supervisor of Elections Betty Carter saying no one from Ocoee attended the census meeting. City Manager Shapiro reported that he and Associate Planner Claman were there but did not sign in. ~ .... ..... Page 7 Ocoee City Commission Regular Meeting January 16, 1990 Mayor Dabbs announced the joint Commission/P&Z/Citizenst Advisory Board meeting to be held February 3 at the Colony Plaza from 5 to 7 p.m. and also that the contract with the City Manager will be concluded immediately following that meeting. Commissioner Foster was appointed to serve as liaison with the Ocoee Historical Commission. ADJOURNMENT Meeting adjourned at 9:25 p.m. Attest: ATTACHMENT REFERRED TO ON PAGE 6, REGULAR MEETING JANUARY 16, 199d\GENDA 1-16-90 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Hem VIII A \..; L.......IJ...L.d.'\. LJC1L1LhJ, JA'. CITY OF OCOEE COMMISSIONERS RUSTY JOHNSON PAUL W. FOSTER VERN COMBS SAM WOODSON 150 N. LAKESHORE DRIVE OCOEE FLORIDA 34761 (407) 656-2322 CITY MANAGER ELLIS SHAPIRO MEMORANDUM DATE: TO: FROM: SUBJECT: JANUARY 11, 1990 ELLIS SHAPIRO, CITY MANAGER ~~~ IVAN POSTON, FINANCE DIRECTO~ 1ST QUARTER BUDGET REPORT FY 89/90 The following is a budget summary for the 1st quarter of the current fiscal year. GENERAL FUND ------------ Revenues Expenditures Net Profit ~ M!QM1!QMI~ $1,425,450.78 $1,274,050.37 $151,400.41 (32.1% of anticipated) (28.7% of Budget) Building Department Revenues are 51.6% of anticipated for the current Fiscal Year. I believe this trend will continue through the year and we will exceed our anticipated Budget of $335,300.00 in Revenues for the Building Department. Overall expenditures is about normal. The 28.7% of Budget is due to a 20% advance premiums that are required to be paid on the General Liability and Auto Insurance at the beginning of the year. ~!I~!LE!!!Ul Revenues Expenditures Net Profit M!QM1!QMI~ $207,926.47 $155,569.36 $52,357.11 (19.4% of Anticipated) (14.5% of Budget) Water Fund Revenues are below anticipated due to the water restriction imposed by the St. Johns Water Management and we are in our lawn dormant growth months. '-' Expenditures cost transfer this will be quarter. are to an below normal the Genera 1 expenditure the administrative not been processed, $18,000.00 for the because Fund has of about \...- ~ '-" Page 2 Budget Quarterly Report ~!!f!I!I!Q!!_E!!!i~ Revenues Expenditures Net Profit $157,554.15 $131,520.47 $26,033.68 HIGHLIGHTS ---------- Revenues are as anticipated. (22.9% of Anticipated) (19.1% of Budget) Expenditures are below normal because the administrative cost transfer of $16,500.00 has not been processed. !!!~I~!!!I~!LE!!!!~ Revenues Expenditures Net Profit $156,625.64 $124,832.19 $31,793.45 !!!Q!!1!Q!!I~ (13.6% of Anticipated) (10.8% of Budget) A total of $11,656.66 was refunded to customers for the months of October and November due to the 12,000 gallon cap on sewer accounts. This refund was included in the December bills. The administrative cost transfer of $15t300.00 is not included in the current quarter expenses. For a more detailed breakdown of the Revenues and Expenditures please see attached computer listings.