Loading...
HomeMy WebLinkAbout12-04-90 MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD ON DECEMBER 4, 1990 .~ The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Dabbs at 7:30 p.m. in the commission chambers. Commissioner Foster led in prayer and the Mayor led in the pledge of allegiance. The roll was called and a quorum declared present. PRBSBNT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Public Works Director Brenner, Planning Director Behrens, Associate Planner Claman, Building Official Flippen, City Clerk Grafton, and Deputy City Clerk Green. ABSENT: None. .... ! CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, and E. ~ Acceptance and Approval of Minutes of Reaular Commission Meetina of November 20 and ~ 1990 ~ Appointment of Yvette Hurst, Truman Stearn, and John Babb to Police Advisory Committee ~ Approval and Authorization for Geotechnical Proposal for City Hall Expansion ~ Approval and Authorization of Renewal of Securitv Trailer Permit = W.L. Tucker, 303 Enterprise Street ~ Acceptance and Authorization to Retain Pinel ~ Carpenter, Inc. for Appraisal Services for Clark Road Commissioner Combs, seconded by Commissioner Johnson, moved to approve the consent agenda as presented. The motion was unanimously approved. COMMENTS FROM CITIZENS/PUBLIC Bruni Massa, 611 East Lakeshore Drive, suggested that the join with Winter Garden and neighboring cities in protesting costs on the East-West Expressway. City Manager Shapiro said he had sent a memo to the Commissioners about this, and they speak to it during their comments. City toll that may R. P. Hohnacky, 1820 Prairie Lake Boulevard, questioned the need for PUD zoning because he objected to compromises on lot size. Hayor Dabbs commented that at least three or four PUDs had been approved since 1986. He explained that the very nature of a PUD is to give some flexibility and there would not be more than four units per acre though they would be clustered differently. In response to Hr. Mohnacky's admission that he was nagging about this issue, Hr. Shapiro commented for the record that he was not responding to Mr. Hohnacky because he felt that Mr. Hohnacky was nagging. ~, -------.-,..--;,~ -- Page 2 Ocoee City Commission Regular Meeting December 4, 1990 ...... PUBLIC HEARINGS Preliminary Submittal Document of the 1991 Comprehensive Land Use Plan Planning Director Behrens explained that this is a formal hearing for the transmittal of the 1991 Comprehensive Land Use Plan to the Department of Community Affairs as required by 9J-5. The document must be transmitted to the state by January 1, 1991. The DCA has ninety (90) days to review the comprehensive plan and give an objections, recommendations, and comments (ORC) report. After the ORC report is received on or about April 10th, we have sixty days to react to the report, to modify the comprehensive plan accordingly, and to hold a formal adoption public hearing before the City Commission. The adopted comprehensive plan will be resubmitted to DCA, and by August 1, 1991, they will determine whether or not the plan is in compliance and will publish their finding in the newspaper in a Notice of Intent. Any public challenges to the plan must be filed by December 1, 1991. If the plan is not found to be in compliance, an administrative hearing will be held on approximately December 1, 1991. Land Development Regulations (LDRs) which will govern the comprehensive plan must be adopted by January 1, 1992. In conclusion, he said that this is the first of two required public hearings to be held on the comprehensive plan. City Attorney Rosenthal emphasized that this is the first of two public hearings. There will be a second advertised public hearing at which the comprehensive plan will formally be adopted by ordinance, and at that time there will be additional opportunity for the public to have comment and input into the process. Mayor Dabbs stated that a citizens advisory subcommittee had participated in the drafting of each component of the comprehensive plan. Hr. Behrens said for the record that a newsletter had been sent about a year and a half ago to every water customer within the City (over 4,000 newsletters) inviting citizens to participate in the advisory committees. Eighty people had signed up to be on the subcommittees. The groups had worked very diligently on each of the elements, and had given their recommendations for each of those elements to the Planning and Zoning Commission. The Mayor opened the public hearing and invited citizens to speak to any of the various components of the comprehensive plan. R. P. Mohnacky stated his concern that septic tanks might be ruled out under the comprehensive plan. Mayor Dabbs explained that this Commission has as a policy of no retro-fitting of ~ Page 3 Ocoee City Commission Regular Meeting ~ December 4, 1990 existing, functioning septic tanks plan permits septic tank use where other factors are satisfactory. As the public hearing was closed. with the sewer system. The percolation, distance, and there were no other comments, Mayor Dabbs commented that the staff report had indicated that minor revisions/corrections were to be made in the document and stated for the record that he wanted to give some correcting notes. He said that it had been a prodigious task and he wanted to commend Associate Planner Claman and the members of the citizens advisory committees and others who had been involved in the promulgation of the document. Commissioner Woodson, seconded by Commissioner Combs, moved to approve the draft of the 1991 City of Ocoee Comprehensive Land Use Plan, with minor editing corrections, and authorize transmittal to the Florida Department of Community Affairs. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. OTHER BUSINESS PIRST READING OP ORDINANCES - Second Reading and Public Hearings are scheduled for December 18, 1990. The ordinances were presented by title for first reading as follows: '-' Ordinance No. 90-81, relating to adopting the current revisions of the Standard Building Code for Building, Plumbing and Mechanical Standards: repealing Ordinance Nos. 958, 961 and 960: repealing section 5-12 of the Ocoee City Code and adopting a new Section 5-12 of the Ocoee City Code relating to Building Standards: repealing Section 14.5-12 of the Ocoee City Code and adopting a new Section 14.5-12 relating to Mechanical System Standards: repealing Section 18- 13 of the Ocoee City Code and adopting a new Section 18-13 relating to Gas and Plumbing Standards: providing for severability: providing an effective date. Ordinance No. 90-82, relating to surety for improvements in connection with subdivision platting: amending Section 5.3.3 of Article V of Appendix B to the Code of Ordinances of the City of Ocoee relating to developers agreements as a surety for improvements: repealing in its entirety Ordinance Number 872 relating to mandatory developer's agreement in order for developers to operate in the City: repealing in its entirety Appendix 5.5 of Appendix B to the Code of Ordinances of the City of Ocoee relating to the form of developers agreement as surety for improvements: providing for severability: providing for an effective date. ........ Page 4 Ocoee City Commission Regular Meeting '- December 4, 1990 City Manager Shapiro explained that this ordinance would mandatorily provide that a developer's agreement could not be used in lieu of bond or a letter of credit and he recommended it. Ordinance No. 90-83, relating to the time, place and procedure for meetings of the City Commission of the City of Ocoee: repealing in its entirety Ordinance No. 2 of the City of Ocoee, as amended: creating a new Section 2.4 of Article I of Chapter 2, of the Code of Ordinances of the City of Ocoee: providing for severability; providing an effective date. Attorney Rosenthal explained that this ordinance repealed ordinances dating back to 1923, and brings us in line with what we are actually doing. Hayor Dabbs announced that the second readings and public hearings for Ordinance Nos. 90-81, 90-82, and 90-83 will be held on December 18, 1990. Discussion and Action re: Access - Senior League Field City Manager Shapiro explained that the continuation of the investigation process for the thirty foot strip of land which might give access to the field from Adair Street will require an expenditure of funds not budgeted and staff needs direction from ~ the Commission. He said that Barry Goodman has offered access through his adjacent property. Mayor Dabbs said that he had been advised by Senior Planner Harper that it might be possible to find an heir to the strip from Adair. The heir may have a quit claim deed. Approximately one third of the area is within a fence constructed by an adjacent property owner, and an inverse condemnation situation may complicate acquisition of the property by the City. Commissioner Johnson said that we have spent $100,000.00 on the field, but don't have access to it. He said no one has paid taxes on the parcel for fifty years and urged that the City buy it. Hr. Shapiro said that the funds to purchase the property should not be taken from contingency. City Engineer Shira pointed out that a large oak tree in the strip would probably have to be removed before paving the road. Commissioner Woodson expressed concern about the loss of the tree, and moved to table the issue and look into it further. Mayor Dabbs seconded the motion to table. Motion was not approved by a vote of 2 to 3 with Commissioner Combs, Commissioner Foster, and Commissioner Johnson voting "nay." Commissioner Johnson, seconded by Commissioner Combs, moved to direct the City Manager to proceed with acquisition only of the property to provide ingress from Adair to the Senior League Field. Motion was approved by a vote of 4 to 1 with Commissioner Woodson voting "nay." Attorney '--' Page 5 Ocoee City Commission Regular Meeting ~ December 4, 1990 Rosenthal pointed out that he would work with the planning to approach the property owners and track down the rumor some heirs who have shown up and see what kind of quit claim or donations might be acquired before spending the money. staff about deeds Discussion re: Rest Rooms at Starke Lake City Hanager Shapiro summarized costs/options reported earlier and added that the cost of a permanent facility near the lake if constructed in-house was estimated to be $12,000.00. He recommended looking' at this project for funding at mid-year. Commissioner Combs concurred with considering the project at mid- year and opposed any addition to the community center to serve the lake. Commissioner Johnson agreed to defer consideration of the project and questioned City tax-payers funding rest rooms for non- residents. Commissioner Woodson said the residents along the lake were concerned about the need for appropriate facilities for lake- users. Commissioner Foster said he would not support any building down by the lake-front and asked about the possiblity of construction on the parking lot. Mayor Dabbs asked about charging a launch fee. Mr. Shapiro responded that his previous experience with charging a launch fee had been unsatisfactory. The consensus of the Commission was that there should be no addition of rest room facilities to the community center itself, nor should they be placed at lakeside, but the issue should be looked at again at the '-' mid-year budget review. Discussion re: Boat Parking Building Official Flippen explained that he had reviewed and summarized the existing ordinances as they related to the parking of boat trailers on single family residential lots. His report of a survey of applicable deed restrictions of ten randomly selected Ocoee subdivisions found that nine of the ten subdivisions had one or more provisions regulating or forbidding the outside parking or storage of recreational trailers and/or boat trailers. Hr. Flippen recommended that the ordinance remain as it is and that it be enforced. Jerry Hassa, 611 East Lakeshore Drive, Terry Strickland, 709 Stinnett Drive, Barry Oliver, 409 Hiller Court, and Steve Marbais, 716 East Lakeshore Drive, objected to selective enforcement of the ordinance. R. P. Mohnacky said he had a problem with trailers that protruded onto the sidewalk. City Hanager Shapiro clarified the provisions of the code - the front twenty-five feet of the yard is off-limits to parking for boat trailers or recreation vehicles. The Commissioners discussed the fact that there were numerous other violations that we did not have the staff to enforce. It was the consensus of the Commission to leave the ordinance as it is. '-' Page 6 Ocoee City Commission Regular Meeting '-- December 4, 1990 STAPP REPORTS In response to general concern about the down-turn in today's economy, City Manager Shapiro presented a memo from the Building Official showing that building permits remain stable at more than 100 per month, and a memo from the Finance Director showing the trend is that we are spending less than we are making. City Attorney Rosenthal provided a copy of the Stipulation entered into between the City and Southern States Utilities to each Commissioner to review at his convenience. A hearing is set for December 13 before Judge Baker. The Court should approve the Stipulation and transfer the real property owned by Michael Minton (d/b/a M&M Utilities) to the City. Hr. Shapiro noted for the record that costs will be about $20,000.00 more than the original letter from Southern States. City staff is proceeding with all steps necessary to complete the connection of City sewer services to the M&M customers. The connection of City services should be completed by the fall of next year. COMMENTS PROM COMMISSIONBRS Commissioner Woodson 1 - Read from an article in the Orlando Sentinel which stated the '-" beltway ends in "Winter Garden" when it should have said "Ocoee." 2 - Reported vandalism on Russell Drive - especially taking bulbs from the Christmas lights. 3 - Mentioned a problem with a pile of dirt on Lady Avenue. 4 - Suggested having a Christmas party for all the citizens who serve on the City's boards. Hr. Shapiro suggested planning something for them in mid-year. Commissioner Combs (INCLUDBS NON-AGENDABD MOTION) 1 - Wanted to go on record requesting a delay in the hiring of the Director of Administration until mid-year due to the area economic picture and a strong commitment to taking care of what we have. He asked for a consensus of the Commission. After discussion, Commissioner Combs, seconded by Commissioner Woodson, moved to defer hiring the Director of Administration as long as possible. City Attorney Rosenthal explained that procedurally the Commission had approved a budget and had given direction to the City Hanager. They could express their feelings, but if they wished to freeze or eliminate the position, they should do so by amending the budget. Commissioner Woodson withdrew his second and Commissioner Combs withdrew his motion. Then Commissioner Combs, seconded by Commissioner Woodson, moved to request that the City Manager freeze the Director of Administration position until the mid-year ...... Page 7 Ocoee City Commission Regular Meeting '-- December 4, 1990 budget review. The motion failed by a vote of 2 to 3 with Commissioners Foster and Johnson and Mayor Dabbs voting "nay." 2 - Asked that a resolution be placed on the next agenda to support the protest of East-West Expressway tolls. Commissioner Poster 1 - Commended staff on their efforts to improve City's decorations and added that problems continue with the Silver Star along Starke Lake which is rather dismal. 2 - Announced the Ocoee Christmas parade to be held on December 9th at 1:00 p.m. 3 - Said that the garbage pickup schedule for the holidays was on the water bill. Christmas lights on Saturday, Christmas Commissioner Johnson - None. ......' Mayor Dabbs 1 - Reported that Chief Boyd, Chief Strosnider, and he attended the Committee of 100 Dinner the previous evening. Moore, head of the Florida Department of Law Enforcement, given a fine speech. 2 - Read excerpts from a letter of appreciation for the City's support from Jacob V. Stuart, Chairman of the 1990 Governmental Campaign for United Arts of Central Florida, thanking him for the City's support. had Jim had ADJOURNMENT The meeting adjourned at 10:05 p.m. M~~~r~~~uty City Clerk Approved: ~ Attest: '-"