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HomeMy WebLinkAbout05-15-90 '-' MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD MAY 15, 1990 The regular meeting of the Ocoee Board of City Commissioners was called to order at 7:30 p.m. by Mayor Dabbs in the commission chambers. Following prayer and the pledge of allegiance the roll was called and a quorum was declared to be present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Planning Director Behrens, Associate Planner Claman, Public Works Director Brenner, Finance Director Poston, Financial Advisor Cohen, and City Clerk Grafton ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Dabbs announced the following proclamations: 1) National Night Out - Tuesday, August 7, 1990 2) Buckle Up Ocoee Week - May 21-28, 1990 3) Memorial Week - May 21-28, 1990 American Legion Service Officer Tommy Sanders advised that Memorial Day ceremony will start at the Ocoee Cemetery at a.m., and will continue at the Withers-Maguire House refreshments and conclude about 10:30 a.m. with Mayor placing a wreath at the memorial site. the 8:00 with Dabbs ....... Mrs. Dianne Quinn and her students reported on their trip to North Carolina and thanked the City and the Commissioners for making the learning trip possible. CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, F, and G. Commissioner Foster asked that item D be pulled. ~ Acceptance and Approval of Minutes of Commission Reaular Meetina of May ~ 1990. ~ Acceptance and Approval of Staff Recommendation ~ Impact Fees and Plan Review Fees = West Orange Hospital. Recommendation is to waive all impact fees other than water and sewer and the 1/2 of 1% plan review fee for the hospital portion of the project. ~ Acceptance and Approval of Staff Recommendation ~ Recreation Impact Fee for West Orange Expresscare Center Recommendation is to waive the Recreation Impact Fee. ~ Acceptance and Approval of Final Plat = Plantation Grove West ~ Acceptance and Approval for Ocoee Lions Club Fun Dav to be held 2n City Property October ~ ~ and lL 1990. ~ Acceptance and Approval of Staff Request for Labor Attorney Staff requests approval of the use of the firm of Hogg, Allen, Norton and Blue for labor problems. '" Page 2 Ocoee City Commission Regular Meeting ~ May 15, 1990 Commissioner Combs, seconded by Commissioner Woodson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. ~ Acceptance and Authorization to Execute Aareement with Interna- tional Credit and Claims Service Systems re: Bad Debt Collections. Commissioner Foster asked whether the City would be held liable if a collector used "strong-arm" methods to collect. City Attorney Rosenthal explained that if the City gave instructions to collect by normal methods and the approach used by the agency was different from that, the City would not be liable. Commissioner Foster, seconded by Commissioner Johnson, moved to approve item D as presented. Motion carried with unanimous vote in favor. ~ COMMENTS PROM CITIZENS/PUBLIC Mr. James Claunch, 605 Roberts Rise Drive, voiced his objection to the placement of a house being built in his neighborhood, because it appears to have the side of the house facing the front and he feels that it diminishes the appearance and value of the area. City Manager Shapiro advised Mr. Claunch that the Development Plan Review and the Building Code do not address which has to be the front or the side of a building and that the builder put a sidewalk to the front so that side became the front side. Mr. Shapiro advised also that there is an ordinance under preparation which will prevent this sort of thing from happening. City Attorney Rosenthal was instructed to see what can be done and Mr. Claunch was asked to come in to City Manager Shapiro's office and testify as to the damages in this case. Mr. R. P. Mohnacky, 1820 Prairie Lake Blvd., reported that the grass should be cut in an area going west on Silver Star Road to Johio Shores Road and that one section of Johio Shores Road is in bad shape. City Manager Shapiro said that one portion of the road is under a bond and he will have the person who takes care of that to see if the City can be reimbursed for the repair necessary. ITEM VI D REPORT-OVER 65 COMMITTEE MOVED UP ON AGENDA Because of the large number of citizens present for the item regarding the Over 65 Program Committee Report, Mayor Dabbs elected to move the item to this place on the agenda. Mayor Dabbs explained that as the Commission would only be receiving the report tonight no decisions would be made, and he asked if any Committee member wished to speak. None of the committee members present wished to speak. A decisiion was made to act on the committee report during the budget hearings and July 24, 1990 was the date set for the public hearing regarding this matter. RECESS PROM 8:13 P.M. TO 8:32 P.M. , Page 3 Ocoee City Commission Regular Meeting ~ May 15, 1990 PUBLIC HEARING - WHITEHILL SUBDIVISION - PRELIMINARY ENGINEERING Planning Director Behrens advised that the developer missed the public hearing scheduled May 8 for the Planning and Zoning Commission and requested that this public hearing be continued to June 19 so that this item can be heard by the Planning and Zoning Commission first. The public hearing was opened as advertised. Mr. Mizo apologized for missing the meeting and said that he will not miss another one. Planning and Zoning Member Swickerath spoke briefly in favor of Commission accepting staff recommendation. The public hearing was tabled until June 19, 1990. ~ ORDINANCE NO. 90-10, "amending the Ocoee Boating Code which establishes boating regulations for boating activity on various waterways located in whole or in part within the city limits; amending Section 2 of Ordinance No. 89-46 by adding prairie Lake; providing for severability; providing an effective date" was presented by title only for the second reading. The public hearing was opened and Mr. R.P. Mohnacky asked if Prairie Lake was one lake or two and said they both are dry. Chief of Police Boyd said that it is one lake but due to the drought it has divided itself. The public hearing was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to adopt Ordinance No. 90-10 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." No nays. Motion carried with unanimous vote in favor. BONDING OP CLARK ROAD - RACHLIN & COHEN Mr. Stanley Cohen, Rachlin & Cohen, acting as financial consultants for the development of a 4-lane Clark Road, explained that he had met with the developers and also with William R. Hough & Co. but that the figures for the revised costs are not available because he just met with the engineers at 4 p.m. today. Mr. Cohen pointed out that it will be necessary for the City to acquire several rights-of-way (some of them in the County) and also to drain some portions before developers can begin construction. It was determined that new developer's agreements must be in place (with cash) by July 18, at which time Mr. Cohen will present the figures showing how to pay for the bonds. Upon Mr. Cohen's request for specific direction from Commission, Commissioner Foster, seconded by Commissioner Woodson, moved that the staff be directed to proceed with the steps necessary for the issuance of up to $8,500,000.00 of bonds for the Clark Road program and refunding of existing Bowness Road indebtedness, subject to final financial, legal and other documents being presented to and approved by the City Commission. Motion carried with unanimous vote in favor. ~ '-" ~ '-' Page 4 Ocoee City Commission Regular Meeting May 15, 1990 UTILITY BOND ISSUE Mr. Cohen said that he has been asked if it is feasible to refinance and create new bonds vital to the infrastructure undertaken by the utilities. Mr. Cohen explained that conservation has caused revenue to be much less than anticipated and that the projected revenues are experiencing a 6 month delay, but that we do have a guaranteed yearly revenue of $103.00 per unused ERU from the ERU's sold at the capacity sale. Mr. Cohen stated further that there would be no problem securing funds to pay back the dollars previously borrowed from Barnett Bank, and that we will go to interest only the first 5 years before beginning with the amortization. City Manager Shapiro explained that there are 3 reasons for long term debt at this time: 1) The market is better than it has ever been and we can lock in a good rate, 2) Tidying up the 3rd $1,000,000.00 is not done yet and should be done, 3) To improve the quality of service and not change the water/sewer rate. Commissioner Johnson, seconded by Commissioner Woodson, moved to direct staff to proceed with the steps necessary for the issuance of up to $9,000,000.00 of long term water and sewer revenue bonds for refinancing the existing water and sewer indebetedness and providing additional funds for water and sewer system expansion and improvements, subject to final financial, legal and other documents being presented to and approved by the City Commission. Motion carried with unanimous vote in favor. LOCAL AND NATIONAL BOND COUNSEL FOR CLARK ROAD APPROVED Commissioner Combs, seconded by Commissioner Foster, moved to approve staff recommendation to retain Foley & Lardner as local bond counsel and Bryant, Miller & Olive as national bond counsel for the Clark Road project. Motion carried with unanimous vote in favor. REPORT - OVER 65 COMMITTEE - SEE PAGE TWO OF THESE MINUTES GOOD HOMES PLAZA .a. n ~ Exits 2n SR 50 Planning Director Behrens explained that the issue of 2 vs 3 exits for Good Homes Plaza on SR 50 had been debated by staff and staff was divided on the recommendation, that DRC vote was 4-3 in favor of 3 exits and Planning and Zoning Commission was deadlocked 3-3. Mr. Allen Goins, A.G. Development, 4014 Gunn Highway STE 260, Tampa, and Mr. William E. Tipton, Sr., 930 Woodcock Road, Orlando, spoke in favor of the additional cut. Mr. John Smogor, Orange County Principal Planner, Mr. Jim Swickerath, 1203 Ridgefield Avenue, Ocoee, and Mr. R.P. Mohnacky, 1820 prairie Lake Blvd., Ocoee spoke against the additional exit. City Manager Shapiro commented that this is why the Commissioners get the big bucks, to make decisions when the evidence is so strong on both sides of the argument. After a brief discussion, Commissioner Page 5 Ocoee City Commission Regular Meeting ~ May 15, 1990 Johnson, seconded by Commissioner Commissioner Combs, moved to leave the developer agreement as it is regarding 2 access cuts on SR 50. Motion carried with unanimous vote in favor. ~ 4 ~ 2 Exits on Good Homes Road Planning Director Behrens explained that the developer agreement for Good Homes Plaza, which speaks to both parts of the property, was originally approved with 2 exits onto Good Homes Road but the final engineering plan for the portion zoned Commercial was approved showing 3 exits. A fourth exit would be necessary to allow the parcel north of Good Homes Plaza, which is zoned Professional Services, to have access to Good Homes Road. City Attorney Rosenthal clarified the City's position, that the City Commission has approved final engineering plans which call for 3 cuts to this property, and it is a done deal even though it is inconsistent with the developer's agreement. Knowing that there is a remaining property which is developed separately and their access is Good Homes Road, there is no choice unless public safety is a factor. City Manager Shapiro said that even if they had been aware of the inconsistancy, staff would have recommended the approval of the final engineering plan as presented. Commissoner Woodson, seconded by Commissioner Combs, moved to amend Section 2.3 of Exhibit "D" to Developer Agreement No. D88-11, dated November 22, 1988 between the City and Jeff Yeager, Trustee, to provide as follows: "Section 2.3 Four access points from Good Homes Road shall be permitted to developer's property, with three access points being allocatd for the Developer's property (south) and one access point being allocated for the Developer's property (north)." and also to authorize the Mayor and City Clerk to execute the amendment when drafted. Motion carried with unanimous vote in favor. Mr. Swickerath pointed out that the Planning and Zoning Commission neglected to note that the south access is a "right in" only access rather than a full access point. '-' Credits Aaainst Traffic troDact Fees Referencing Development Agreement D88-11 with Jeff Yeager, Trustee, Staff recommends the crediting of $24,584.00 against Traffic Impact Fees in favor of the Developer upon completion of the work in upgrading the traffic signal at the intersection of Good Homes Road and State Road 50. In addition, Staff recommends that a traffic study at the Developer's cost, two years after the opening fo the East-West Expressway or two years after the opening of the anchor grocery store, whichever is later, be made to determine what percentage of the increased level of traffic at that time is attributable to the shopping center, in order to compute the percentage of the cost of the off-site improvements to be borne by the Developer. If the Developer is finished with this project at that time, a cash reimbursement of the calculated ~ Page 6 Ocoee City Commission Regular Meeting May 15, 1990 amount would be paid rather than fee credits. Commissioner Combs, seconded by Commissioner Woodson, moved to approve staff recommendation as stated above and to authorize execution by the Mayor and City Clerk without coming back before Commission. Motion carried with unanimous vote in favor. RECESS FROM 10:34 TO 10:41 P.M. WESCAR - CLARIFICATION OF WALL - BUILDING PERMITS Entrance Planter and Sian Mr. Louis Geys, President of Wescar, Inc., advised that he has a contract for a house selling for $260,000.00 and one for $310,000.00 and he said that his commitment was to do something special. Mr. Geys showed an artist's rendition of the planter entrance to the development which is not brick, but rather a masonry planter. It was determined that during the design phase it was understood by all parties that a wall would not be built on Silver Star Road because the front of the property was zoned as a shopping center and no wall was needed. Commissioner Johnson, seconded by Commissioner Foster, moved to approve the design as submitted. Motion carried with unanimous vote in favor. ~ Masonrv Walls Alona Clark Road Mr. Geys explained that when his plan was submitted for approval masonry walls were acceptable and they are a part of the plan which was approved. Staff refuses to issue building permits because the present policy requires brick walls instead of masonry. Commissioner Woodson, seconded by Commissioner Combs, moved to approve the design as submitted. Motion carried with unanimous vote in favor. '- FIRST READING: ORDINANCE NO. 90-11 - SECOND READING AND PUBLIC HEARING SCHEDULED FOR JUNE 5, 1990 Ordinance No. 90-11, "relating to trees and landscaping; repealing existing Chapter 12.5 of the Code of Ordinances; adopting a new Chapter 12.5 of the Code of Ordinances; providing a purpose; providing definitions; providing for the official designation of protected trees by a staff forester to be appointed by the Director of Planning; providing conditions for removal of protected trees; providing for replacement of removed trees; providing for public hearings to desinate trees as historic or specimen; providing protection measures for trees during all development activities; providing for landscaping in vehicle use areas; providing for the placement of street trees; providing design principles for landscaped areas; providing for the installation of plants; providing for the use of native plant species; providing a list of approved flora; providing a list of prohibited plants; providing for irrigation; providing for maintenance and replacement of plants; providing for penalties; providing for severability; providing an effective date" was presented by title only for the first reading. '-' ~ '- Page 7 Ocoee City Comission Regular Meeting May 15, 1990 FIRST READING:ORDINANCE NO. 90-12 - SECOND READING AND PUBLIC HEARING SCHEDULED FOR JUNE 5, 1990 Ordinance No. 90-12, "relating to a uniform building numbering system; adopting a new Section 5-59 of Article II of Chapter 5 of the Code of Ordinances; providing for the assignment of numbers by the Building Official; requiring all buildings to properly display assigned numbers; providing for enforcement; providing for severability; providing an effective date" was presented by title only for the first reading. STAFF REPORTS Mayor Dabbs read the details on a report presented by Public Works Director Brenner indicating his department is ready to begin the recycling program and that within the next thirty days educational sessions will be scheduled for citizens on the proper participation of the new recycling program and materials, and further that the City will receive approximately $20,000.00 of the reimbursable grant money for FY 88-89 soon. Commissioner Johnson said that he had looked at the work that had been done by the department and he felt that the people who put together the recycling materials should be considered for innovative idea dollars. COMMENTS FROM COMMISSIONERS Commissioner Foster 1) Reported that Woodlawn Memorial will be having a Memorial Day Ceremony and he requested that a wreath from the City of Ocoee be put in place during the service. Mayor Dabbs moved, seconded by Commissioner Johnson, to direct staff to order a wreath at a cost not to exceed $50.00 and to have Commissioner Foster represent the City of Ocoee in placing the wreath during the service. Motion carried with unanimous vote in favor. 2) Announced that a golf tournament for scholarships to Westside Vo-Tech will be held June 15. 3) Reminded citizens that the Memorial Day holiday schedule for garbage service was Monday service on Tuesday and Tuesday service on Wednesday. Commissioner Johnson 1) Commended Planning Department for doing a good job and especially on the tree ordinance. 2) Reported that Rev. Crews died last week. Commissioner Woodson 1) Reported loose bricks on Floral Street and Cumberland Avenue. 2) Commended Public Works Director Brenner and Supervisor Elmore for always taking care of any problem he presents especially grateful for fixing the wheel in his chair tonight. 3) Reported some trees that need to be replaced that were brought down. 4) Advised that he will be in Canada for the rest of the week. \.. ..... '-' Page 8 Ocoee City Commission Regular Meeting May 15, 1990 Commissioner Combs 1) Requested that regarding the surcharge $15,000.00. Mayor Dabbs write a letter to Governor on cities which will cost us an unbudgeted Mayor Dabbs 1) Reported that East Central Florida Planning Council wants a recommendation for nomination for a September award and he will write a letter on The Hammocks if approved. Planning Director Behrens noted that Oak Forest is doing a good job of drilling around trees rather than removing them and Mayor Dabbs said he has no problem with either of them and he will investigate. ADJOURNMENT The meeting adjourned at 11:27 p.m. At Je or