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HomeMy WebLinkAbout03-20-90 '-' MINUTES OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD MARCH 20, 1990 Mayor Dabbs called the regular meeting of the Ocoee Board of City Commissioners to order at 7:32 p.m. in the commission chambers and declared a quorum to be present. Commissioner Woodson led in prayer and pledge of allegiance. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Woodson. Also present were City Manager Shapiro, Rosenthal, City Engineer Shira, Planning Director Works Director Brenner, and City Clerk Grafton. Johnson, and City Attorney Behrens, Public ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Dabbs read a letter of appreciation for the assistance given by City Commission and the developers toward a field trip for her students from Diane Quinn, teacher at Ocoee Middle School. '-' CONSENT AGENDA The proposed consent agenda consisted of items A1, A2, and B. AI. Acceptance and approval of minutes of Commission Regular meeting of March 6, 1990, A2. Acceptance and approval of minutes of Budget Workshop of August 16, 1989, B. Approval of Final Engineering Plan-Plantation Grove PUD. Commissioner Combs, 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 Blvd., asked when the recycling would begin. Public Works Director Brenner advised that will be about 90 days. As soon as the commercial sanitation accounts are turned over to a commercial carrier he will have the drop-off stations in place and approximately 30 days later the necessary alterations will have been made to the trucks. JOHIO BAY SUBDIVISION-PRELIMINARY ENGINEERING PLANS PUBLIC HEARING ,Planning Director Behrens presented the plans and recommended approval. The public hearing was opened. Mr. Mohnacky asked if this design cleared the potential Silver Star Road site and was assured that it does. As there were no further questions the hearing was closed. Commissioner Woodson, seconded by Commissioner Johnson, moved to approve the plan as recommended. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." No nays. Motion carried. ~ '-' Page 2 Ocoee City Commission Regular Meeting March 20, 1990 PUBLIC PARK IN SILVER GLEN - Construction and Funding City Manager Shapiro explained that, in order for the park to be finished in a timely manner, the developer proposes to proceed with the completion of the park as a public park with public parking according to the plan at a cost of $45,000 with a provision that the City reimburse them prior to January 1, 1991. The request includes a provision that when Candlewood Park is in place then the parking places will be removed to the Candlewood site. Mr. John Ewsaychik, Landscape Architect for U.S. Homes, displayed a drawing of the proposed park and, at Commissioner Combs' request for the benefit of the citizens listening, explained that the major portion of the dollars in the proposed cost are for grading and irrigation. Commissioner Woodson, seconded by Commissioner Foster, moved to approve the request with the stipulation that the parking stays until the adjacent park is complete. Motion carried with unanimous vote in favor. AS ATTORNEY INTERVIEWS WERE SET FOR TIME CERTAIN, AT 8:00 P.M. ITEM VI V (ALTON JULIAN'S REQUEST) WAS POSTPONED UNTIL LATER IN THE MEETING '--' ATTORNEY INTERVIEWS The following attorneys were interviewed for consideration for the position of City Prosecutor/Police Legal Advisor: 1. James Patrick Curry, Curry, Taylor and Carls, 225 E. Robinson St., Orlando, 2. Mark S. Blechman, Lubet & Blechman, 209 E. Ridgewood St., Orlando, 3. Andrew C. Moler, 209 E. Ridgewood St., Orlando. Commissioners were asked to rate the applicants as to 1st, 2nd and 3rd. Three Commissioners rated Mr. Blechman 1st, Mr. Curry 2nd, and Mr. Moler 3rd. City Manager Shapiro was instructed to contact Mr. Blechman and negotiate terms. RECESS FROM 8:45 P.M. TO 8:49 P.M. ALTON JULIAN'S REQUEST TO SELL EACH HALF OF A DUPLEX AS A SINGLE FAMILY DWELLING Mr. William Asma, representing DeRae Builders, 886 S. Dillard Street, Winter Garden, presented Mr. Julian's request to sell each half of a duplex as a single family dwelling, explaining that zero lot line building is frequently used in Florida and the United States and that owners are more likely to take care of property than are rentors. In the audience and speaking against the proposal were: Mr. Tom Slimick, 408 E. Lakeshore Dr., Mr. Smith Branch, 428 E. Lakeshore Dr., Mr. R.P. Monacky, 1820 Prairie Lake ~ Blvd., Mr. John Bateman, 406 E. Lakeshore Dr., and Mrs. Dottie Minnick,. 508 Bernadino Dr. '-' Page 3 Ocoee City Commission Regular Meeting March 20, 1990 City Attorney Rosenthal said that the issue before Commission is neither to rezone, nor to amend the Zoning Code, and that there is no zoning category available in the City Code that will allow what Mr. Julian is asking; therefore, no action can be taken tonight, but staff can be instructed to put together the appropriate documents for a future meeting. Mr. Rosenthal stated further that one of the questions in August 1988, when Mr. Julian presented the same proposal, was what resolution was possible if they were unable to do this under the Code. Mr. Rosenthal had responded then that one of the options, under Florida Statutes concerning condominiums, would be that the buildings and/or parcels could be created into condominiums under R-3 zoning, that the buildings would have to meet all the requirements of the zoning code and the ownership must by Florida Statute be treated the same as any other form of ownership. '-' Commissioner Woodson, seconded by Commissioner Foster, moved to direct staff to find out what the City can do and make something legal and right. After an animated discussion during which each Commissioner seemed to interpret the meaning of the motion differently, City Attorney Rosenthal restated the motion: to direct staff to put together proper procedure to facilitate affecting what has been requested of this Commission, which is fee simple ownership with regards to these lots. When asked if that was stating his request, Mr. Julian said that what he wanted to do is to split the duplex and sell one-half to different owners. Mr. Julian wanted the record to show that he gave the road and fee for Tiger Minor Park. On roll call Commissioner Combs voted "no," Commissioner Foster "aye," Commissioner Johnson "no," Commissioner Woodson "aye," Mayor Dabbs "no." Motion denied with 3-2 vote against. (Tapes 2 & 3, 8:51 p.m. - 10:13 p.m.) RECESS FROM 10:13 P.M. TO 10:24 P.M. After the recess Mrs. Stakemiller, president of the Sleepy Harbour Homeowners Association, thanked the members for attending the meeting. SUBSTITUTE ATTORNEY FOR FOLEY & LARDNER CONFLICT OF INTEREST ITEMS Mayor Dabbs recommended hiring Mr. James A. Fowler as special counsel for those items which Foley & Lardner should not handle because of conflict of interest. Commissioner Foster, seconded by Commissioner Combs, moved to hire Mr. Fowler. Motion carried with unanimous vote in favor. City Manager Shapiro was directed to prepare a contract and have it on the April 3 agenda. ~ '-' Page 4 Ocoee City Commission Regular Meeting March 20, 1990 ORDINANCE NO. 90-08, creating Chapter 18A of the Code of Ordinances entitled LATE NIGHT BUSINESSES, STORES OR OPERATIONS; providing definitions; establishing and requiring certain minimum security measures to be taken at certain businesses, stores or operations of a commercial nature; providing for exemptions; requiring that a minimum number of personnel be on duty; requiring view through windows to be unobstructed; requiring sales areas to be visible from certain streets; requiring certain warning signs; providing for a limitation of available cash; requiring the use of a safe; providing for minimum lighting requirements; providing for a presumption; providing for penalties; providing for applicability; providing for liberal construction; providing for severability and providing an effective date was presented by title for first reading. Second reading and public hearing are scheduled for April 3, 1990. STAFF REPORTS - None City Attorney Rosenthal reported that both cases of litigation initiated by Exclusive Homes have been dismissed by the court. '-' COMMENTS FROM COMMISSIONERS Commissioner Combs reported that he has received a letter from D.O.T and thanked City Engineer Shira for persevering regarding the turn indicators at Highway 50/Bluford Avenue intersection. Commissioner Foster said he is glad to be here. Commissioner Woodson said that he has bought a new home on the south side of town. Commissioner Johnson said that the best thing about the democratic process is that we can all agree and disagree and still leave friends. Mayor Dabbs month: West Prayer-April said that there are 2 proclamations coming up next Orange Ministerial Association Day of Fasting and 13, and Civitan Club Recognition Week April 9-16. Mayor Dabbs also reported that he had met with Judge Thompson who has asked to meet with Commission to show slides and explain his position regarding the removal of court from the West Orange Services Center. He will work out the time with City Manager Shapiro. ~ ~ ~ \. Page 5 Ocoee City Commission Regular Meeting March 20, 1990 Mayor Dabbs asked for an update on the City map. City Shapiro advised that the County has all the information on computer and we will meet with them next week, that by their software we can be on computer to map the City very He credited City Engineer Shira with persevering and the through. Manager their buying soon. break Commissioner Combs announced: 1) April 21 West Side Votec sale, Kiwanis Club will provide barbeque - and please buy tickets, 2) Walk-a-Thon is April 28. Commissioner Woodson announced Lions Club barbeque March 25. ADJOURNMENT Meeting adjourned at 10:50 p.m. Attest: