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HomeMy WebLinkAbout05-21-91 ......... MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD MAY 21, 1991 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. After leading in the prayer and pledge of allegiance Mayor Dabbs called the roll and declared a quorum present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Director of Administrative Services Beamer, Planning Director Behrens, Building Official Flippen, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Dabbs proclaimed National Safe Boating Week: Community Day of Fasting and Prayer: May 22 Commissioner Foster presented a plaque to Mayor service representing the City of Ocoee on the East Regional Planning Council. June 2-8 and Dabbs for his Central Florida ~ CONSBNT AGENDA The proposed consent agenda consisted of items A, B, and C. ~ Approval and Acceptance of Commission Reqular Meetina Minutes of May L.. 1991 ~ Approval and Authorization to Execute Mutual Aid Aareement with Osceola County for the Purpose of Law Enforcement Activitv ~ Approval and Acceptance of Whitehill SUbdivision Final Enaineerinq Plans Commissioner Combs, seconded by Commissioner Foster, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. ~ COMMBNTS FROM CITIZBNS/PUBLIC Mr. Gerald Sims, 609 Spring Lake Circle, polled Commission for a response to his letter dated May 12, 1991 regarding the Prima Vista plant's impact on the underground water. Commissioner Foster said that he could not make a qualified answer and that he yields to staff for an opinion. Mayor Dabbs said that he has already responded by letter and has no new comments. Commissioner Combs said that his feelings are the same as those already stated and he has no knowledge of any problems in that area. Commissioner Woodson said that he was not on the Commission when that happened and does not know of any problem there. In his letter, Mr. Sims had pointed out that the facility, which was contracted to be 1,000,000 g.p.d. capacity, had an actual capacity of 400,000 g.p.d. and had been operating at 700,000 g.p.d., causing, in his opinion, high groundwater. Part of his concern is that he is the only one studying the problem and he feels the City has an obligation to advise prospective buyers regarding the water level and the possibility of Pond "B" being used. City Engineer Shira said that Pond "B", which is near Mr. Sims' property, has not been in use since September 1990 and the ground water level has still gone up, so he felt that the pond is having no effect on the underground water level. Mr. Sims said that the next step toward getting satisfaction in this matter will be a petition. City Page 2 Ocoee City Commission Regular Meeting ~ May 21, 1991 '-' '-' Manager Shapiro advised that it is important that everyone be aware that Mr. Sims has done some research and staff members have answered his questions to the best of their ability, but that Mr. Sims is not necessarily qualified to interpret the findings. Mr. Michael Sims, P.E., was present and stated that he had looked at the full system in 1984-85 at the request of the City when the ponds were under construction and he had advised at that time that the ponds were cut too low and his suggestion was undercutting the ponds. Mr. Michael Sims said that Mr. Gerald Sims had been in his office also, and that if the City would send him the letter from Mr. Gerald Sims, he would be happy to respond to it. SBCOND READINGS AND PUBLIC HEARINGS OF ORDINANCES ORDINANCB NO. 91-06, Case No. 1-3R-91:Arvida, "rezoning certain lands located in the City of Ocoee by changing the zoning classification from R-1-AA and R-1-AAA, Single Family Residential Districts to PUD, Planned Unit Development District, on certain real property located on Maguire Road and 2,800 feet south of the Florida Turnpike as petitioned by the property owners; approving a Land Use Plan; 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 the second reading and pUblic hearing. Planning Director Behrens gave the staff report recommending certain changes to the Land Use Plan. City Attorney Rosenthal explained that the Land Use Plan before Commission is that approved by the Planning and Zoning Commission and that both Planning Director Behrens and the Developer concur on certain revisions that are requested. A black-lined ordinance has been provided which includes references to the Land Use Plan that were omitted from the original document presented at the first reading, and which contains blanks that will be filled in after the discussion when an agreement has been reached. Attorney Rosenthal pointed out that the first reading of the title included the reference to the Land Use Plan and so was valid as presented. Attorney Rosenthal then advised that once final action is taken on the ordinance, the conditions of approval will be incorporated into the developers agreement which will be brought back at another meeting for approval. The pUblic hearing was opened. Mr. David Guy, President of the Central Florida Division of Arvida, said that he wants to work with the City now and later and he spoke at length describing how Arvida is committed to quality. Mr. John Rinehart, Glatting Lopez Kercher Anglin, Inc., showed the project on an aerial map and pointed out that there will be a need for the particular mix of units they plan to build. Mr. Rinehart said further that the project site on Maguire Road and its location in conjunction with Sunshine Parkway, Florida Turnpike, East/West Expressway, Highway 50, Clark Road, and the Beltway, along with the changes that will be brought about by the relocation of West Orange Memorial Hospital and the West Orange YMCA facility and other commercial developments all indicate a need to change the original zoning to the proposed PUD. They have requested waivers for certain portions of the development in five areas: 1) A decrease in some of the right-of-way widths to 40 feet Page 3 Ocoee City Commission Regular Meeting ~ May 21, 1991 with an additional 10 foot easement on those streets that have a travel volume of less than 500 trips a day; 2) a reduction in pavement width to 22 feet on those streets; 3) a reduction in setbacks from 25 feet to 20 feet in front yard setbacks; 4) an increase in the amount of coverage allowed on each lot from 30% to as much as 45% on some lots; 5) a reduction in the minimum living area square footages. Mr. John Bateman, 406 E. Lakeshore Drive, requested that Commission disapprove the request for a change in zoning. Mr. Louis Roeder, Maguire Road Corporation, spoke in favor of the change. .,-, Ms. Lynn White, Akerman Senterfitt & Eidson, representing Plantation Grove West, spoke against the change in zoning, saying it would have an adverse effect on their property. Ms. White asked that, should Commission approve the change, the approval include conditions that would mitigate the impact on Plantation Grove West: a 6 foot brick wall along the south side of Village 3 to separate the two developments and also along the eastern boundary of Lot 4 to Grovshear Court Road. An alternative solution would be to have the lots along the south of Village 3 and east of Village 4 be consistent in size with those in MI Homes development (75' x 120'). Mr. Glen Jackson, Heller Bros. Packing Co., spoke in favor of the requested change. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, said he is not against the concept but he is against PUDS. City Manager Shapiro pointed out that when you are dealing with a reputable company that has a good product it should not be necessary to re-invent the wheel. Mr. Shaprio said that there are other things that have happened in Ocoee that have nothing to do with this and they are becoming baggage to this property. Mr. Shapiro said further that this will increase the tax base. RBCESS FROM 9:15 TO 9:25 P.M. Mr. Michael Sims, Chairman of Planning and Zoning Commission, said there are many side issues, but that he recommended this because it is good planning and is consistent with the Comprehensive Plan and surrounding development. '-' After some further discussion regarding the requests made by Ms. White, Mr. Guy said that he would commit to putting a 6 foot wall (actually 5 feet 11 inches) on the entire perimeter of their property on lots 4, 6, and 7 all the way past the lake to provide a buffer between their property and Plantation Grove West. The pUblic hearing was closed. Page 4 Ocoee City Commission Regular Meeting .~ May 21, 1991 Commissioner Woodson said that 800 feet is a very small living area and a one car garage leaves no room for a car and no parking area for a visitor. He was concerned that the streets are narrower than usual and emergency vehicles would have to go on private property to reach an emergency. Commissioner Combs had the same concern for the 800 foot living area and vehicle parking. He said that Commission must try to program what is good for the citizens, that private enterprise must provide a way for money to come in and so must the City. He liked that Arvida will do the turn lanes and help with the lights. Commissioner Foster said that 500 ADT is a high estimate and expressed concern that with 10 townhomes per acre there would not be any grass left. He said further that parking within the garage is not the practice of most citizens. Commissioner Foster said that he has supported zero lot lines if it meant affordable homes but he does not see that to be the case in Arvida Homes. '--' Commissioner Johnson said he has voted in the past against zero lot lines as not suitable for some areas, also he does not feel that affordable homes are necessary in all areas of town. He wants to make sure the City has the revenues and tax base and he has expressed before his problem with the name Wesmere. Mayor Dabbs said that these people do what they say they will do and he is excited about the village concept. He said he has reservations regarding the wall at the end of the lake but if that is necessary to protect MI Homes, then so be it. And with children leaving home the 800 foot living area may look more attractive to him than it did in the beginning. Mayor Dabbs said that he also has had a problem with the name "Wesmere" and the fact that it is advertised as being in Orlando. Commissioner Woodson moved to deny the request as it is not compatible with the area. Motion died for lack of a second. Commissioner Combs, seconded by Commissioner Johnson, moved to approve Ordinance No. 91-06, with the blacklined revisions contained in the agenda packet and referencing in the appropriate spaces in Section 3 of the Ordinance," the certain Land Use Plan for the Wesmere PUD dated February 25, 1991 as revised through May 21, 1991 as prepared by Glatting Lopez Kercher Anglin, Inc. under Project No. 7933.01, a copy of which is attached hereto as Exhibit "B" and by this reference made a part hereof," with the other appropriate revisions being made in the whereas clauses. The motion was amended to include: 1) the Developer's commitment to the 5'11" brick wall the length of the southern and eastern sides of his property from Village 3 along Village 4, the lake, Village ~ 6 and Village 7 with a crash gate at a location designated by the City; 2) at such time as signalization is warranted at the intersection of Maguire Road and Roberson Road, the Developer shall pay to the City thirty-three (33) percent of all costs associated with such signalization; 3) delete the last phrase in Page 5 Ocoee City Commission Regular Meeting '-r May 21, 1991 condition No. 24 on the notes of the Land Use Plan" ...that the Developer replace the right turn deceleration lane and left turn lane at the Maguire Road project entrance at the time Maguire Road is four-laned."; 4) add the following wording to the beginning of Condition No. 19: "The City of Ocoee agrees to install a right turn deceleration lane as part of the widening of Maguire Road. This will replace the right turn lane the Developer has already installed."; 5) insert in Condition No. 21: At the request of the City but nQ later than the time the 300th building permit is pulled, the Developer shall initiate a peak hour traffic study.... Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "no," and Mayor Dabbs "aye." Motion carried with 4-1 vote in favor. RECBSS FROM 10:20 TO 10:30 P.M. '-' ORDINANCB NO. 91-07, "relating to the regulation of parking a vehicle on public right-of-way; amending Sections 21-17 and 21-19 of Article II of Chapter 21 of the Code; prohibiting parking in areas for more than 48 hours as listed in its contents; providing for severability; providing an effective date." was presented by title only for the second reading and pUblic hearing. City Manager Shapiro explained that this ordinance brings our rules in line with state statutes. The pUblic hearing was opened and, no one wishing to speak, was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to enact Ordinance No. 91-07. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried with unanimous vote in favor. '-' ORDINANCB NO. 91-08, "relating to the City of Ocoee Municipal General Bmployees' Retirement Trust Fund; amending and restating in full Ordinance Number 877; providing for definitions; providing for plan membership; providing for a board of trustees; providing for finances and fund management; providing for contributions; providing for benefit amounts and eligibility; providing for pre- retirement death benefits; providing for vesting; providing for optional forms of benefits; providing for beneficiary benefits; providing a claims procedure before board decision; providing for a roster of retirees; providing authority for retaining a board attorney and other professionals; providing for maximum pension benefits; providing for commencement and distribution of benefits; providing miscellaneous provisions; providing for repeal or termination of the system; providing for exemption from execution and non-assignability; providing for pension validity; providing for forfeiture of pension; providing for indemnification; repealing all ordinances in conflict herewith; providing for severability; providing an effective date." was presented by title only for the second reading and public hearing. Mr. Dehner, Christiansen, Dehner & Watts, P.A., was present to answer questions. The public hearing was opened. City Attorney Rosenthal advised that Section 5 had been revised to show an effective date of October 1, 1991. There were no comments from the pUblic and the hearing was closed. Commissioner Johnson asked why some employees Page 6 Ocoee City Commission Regular Meeting ~ May 21, 1991 ~ ~ would be permitted to opt out of the plan. City Manager Shapiro explained that the City Managers have to opt out, as well as the City Attorney and possibly other professionals whose service to the City would be completed in a few years. Commissioner Johnson, seconded by Commissioner Foster, moved to enact Ordinance No. 91- 08. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried with unanimous vote in favor. ORDINANCE NO. 91-09, "relating to the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund amending and restating in full Ordinance Number 877; providing for definitions; providing for plan membership; providing for a board of trustees; providing for finances and fund management; providing for contributions; providing for benefit amounts and eligibility; providing for pre-retirement death benefits; providing for vesting; providing for optional forms of benefits; providing for beneficiary benefits; providing a claims procedure before board decision; providing for a roster of retirees; providing authority for retaining a board attorney and other professionals; providing for maximum pension benefits; providing for commencement and distribution of benefits; providing miscellaneous provisions; providing for repeal or termination of the system; providing for exemption from execution and non-assignability; providing for pension validity; providing for forfeiture of pension; providing for indemnification; repealing all ordinances in conflict herewith; providing for severability; providing an effective date." was presented by title only for the second reading and pUblic hearing. The pUblic hearing was opened. City Attorney Rosenthal advised that Section 5 had been revised to show an effective date of October 1, 1991. There were no comments from the pUblic and the hearing was closed. Mayor Dabbs asked Mr. Dehner about the presumption that heart attack or stress were job related. City Manager Shapiro said that it is state statute now and thus necessary to be included in the document. Mr. Dehner pointed out that the presumption is not a presumption if it is the result of heart disease, tuberculosis, hypertension and it is not a presumption of total permanent disability which is a threshold issue. Commissioner Woodson, seconded by Commissioner Johnson, moved to enact Ordinance No. 91-09. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried with unanimous vote in favor. ORDINANCB NO. 91-10, "creating an Article III of Chapter 20 of the Code of Ordinances of the City of Ocoee which levies an excise tax on casualty insurers and property insurers, said tax being at the rate of .85' and 1.85% respectively, of the gross amount of receipts of premiums from policyholders on all premiums collected on casualty and property insurance within the corporate limits of the City of Ocoee; providing for copies to state agencies; providing for severability; providing an effective date." was presented by title for the second reading and public hearing. Mr. Page 7 Ocoee City Commission Regular Meeting '- May 21, 1991 '-' '-' Shapiro explained that these monies are used to fund Chapter 175 and 185, Florida Statutes, supporting the police officers' and fire fighters' retirement trust funds. Dehner explained that this ordinance is effective immediately so that funds can begin being collected in Tallahassee. The insurance companies receive a credit against other taxes they would otherwise pay so there is not an additional burden placed on any person or company. Mr. Dehner explained further that those funds are collected according to Zip Code. There was a brief discussion about the fact there are several Zip Codes within the City of Ocoee that are identified with neighboring towns. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Combs, seconded by Commissioner Foster, moved to enact Ordinance No. 91-10. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "no," and Mayor Dabbs "aye." Motion carried with 4-1 vote in favor. ORDINANCE NO. 91-11, "relating to flood damage prevention; repealing Ordinance No. 939; repealing Ordinance No. 671; repealing Article IV of Chapter 5 of the Code of Ordinances, repealing Ordinance No. 816; repealing Section 5-91 of Article IV of Chapter 5; enacting a new Article IV of Chapter 5; establishing a set of comprehensive building standards in order to prevent flood damage; providing for purposes; providing for definitions; providing for utilization of a development permit to regulate new development; providing penalties for violation; providing for administration by the building official; providing for the building official's duties and responsibilities; providing permit procedures; providing variance procedures; providing general standards for flood hazard reduction; providing special standards for flood hazard reduction; providing specific standards for subdivision proposals; establishing setbacks from water bodies; providing for elevation of primary buildings; providing for compensation for fill material; providing for placement of septic tanks and drain fields; providing for grandfathering; providing standards for streams without established base flood elevation and/or floodways; providing standards for subdivision proposals; providing for severability; providing an effective date." was presented by title for the second reading and public hearing. City Manager Shapiro explained that this will get better flood insurance rates in Ocoee. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to enact Ordinance No. 91- 11. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried with unanimous vote in favor. ORDINANCB NO. 91-12, "relating to the Uniform Building Numbering System; amending Section 5-59 of Article II of Chapter 5 of the code of Ordinances by requiring a commercial business to display assigned building numbers; providing for severability; providing an effective date." was presented by title for the second reading and pUblic hearing. The public hearing was opened, and no one Page 8 ~ Ocoee City Commission Regular Meeting May 21, 1991 wishing to speak, the hearing was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to enact Ordinance No. 91- 12. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried with unanimous vote in favor. OTHER BUSINBSS Discussion and Adoption of Resolution No. 91-11, relating to a Cooperative Agreement with Municipal Planning (C.A.M.P.) - Apopka/Ocoee/Winter Garden/Windermere Joint Planning Reserve Area. City Manager Shapiro recommended that this item be pulled from the agenda, explaining that Orange County will be addressing this at their next meeting. Comprehensive Plan - Objections, Recommendations and Comments Report from Florida Department of Community Affairs Director of Administrative Services Beamer advised that on April 17 the State's response to our 1991 Comprehensive Plan Preliminary Submittal Document had been received indicating a need for some changes. On April 23 Mrs. Beamer met with legal staff and consultants involved with the preparation of the document to determine which areas of the objections were remedial and which ~ were the result of changes in direction within the Department of Community Affairs in Tallahassee. In order to attain compliance and correct the areas of objection, achieve consistency between infrastructure planning/design and the Comprehensive Plan, and develop methods for Concurrency Management, Mrs. Beamer requested that the following scopes of service be approved with the understanding that work will be completed in about thirty days and that other work products will be approached as the specific tasks relate to the completion of the Plan. Work should be reimbursed strickly on an hourly basis with the "not-to-exceed" figures as agreed: (1) From General Fund Contingency LaRue Planning and Management Service Professional Engineering Consultants $ 4,200.00 8,392.00 $12,592.00 (2) From Water Fund contingency Professional Engineering Consultants $ 2,600.00 (3) From Wastewater Fund Contingency Professional Engineering Consultants $ 3,199.00 (4) From Road Impact Fee Fund Professional Engineering Consultants $ 8,526.00 ~ Commissioner Foster, seconded by Commissioner Combs, accept the proposal as outlined. Motion carried with vote in favor. moved to unanimous Page 9 Ocoee City Commission Regular Meeting '-r May 21, 1991 A workshop with City Commission and LPA was called for Tuesday, June 18 at 5:30 p.m. to deal with the changes required. FIRST RBADING OF ORDINANCBS - SBCOND RBADINGS AND PUBLIC HEARINGS ARB SCHEDULBD FOR JUNE 4, 1991 Ordinance No. 91-13, "relating to water and sewers; amending the present Chapter 22 of the Code of Ordinances; amending Section 2- 35 to provide an alternative method for the calculation of water capital charges; amending Section 22-65 providing for an alternative method for the calculation of sewer capital charges; providing for severability; providing an effective date." was presented by title only for the first reading. Ordinance No. 91-14, "relating to trees and landscaping; amending Article II of Chapter 12.5 of the Code of Ordinances by adopting Section 12.5-10 establishing a fee for the issuance of tree permits; providing for severability; providing an effective date." was presented by title only for first reading. STAFP RBPORTS - None COMMENTS FROM COMMISSIONBRS Commissioner Woodson: ~ 1) Reported a hole in the middle of the street near Middle School and said that it is being taken care now. 2) Summer shirts are in order for the Commission meetings beginning June 4. 3) Asked about Library Impact Fee. 4) Reported the railroad sign is down at Starke Lake Baptist Church. Commissioner Combs: 1) Thanked Public Works for cutting down shrubbery at the corner of Bluford Avenue and Geneva Street. 2) Reported another accident at the curve on White Road and asked that the shrubbery be cut and to contact the County if necessary. 3) Reported that the telephone poles are covered with signs and asked that they be removed. Commissioner Poster: 1) Reported a sign down on Cumberland. 2) Reported that the drainage ditch on the south side of Street is full again. City Engineer Shira advised that is property. Center county Commissioner Johnson: 1) Asked who is going to grade Clark Road until it is paved. 2) Reported 206 Rewis is a junk house and needs mowing. City ~ Manager Shapiro said that he will direct staff to get something done. 3) Reported the house at 474 S. Bluford Avenue needs attention. Building Official Flippen said that the house has been sold and the new owners will take care of it immediately upon closing. Page 10 Ocoee City Commission Regular Meeting ~ May 21, 1991 Mayor Dabbs: 1) Requested Commission read the most recent DATAGRAM appropriate action regarding the issues. 2) Reported the Council of Local Governments meeting May 23, will be held in the Elections office at 119 Street, Orlando. and take Thursday, w. Kaley City Manager Shapiro thanked all for their support in the loss of his wife's mother. ADJOURNMENT The meeting adjourned at 11:23 p.m. Attest: \ Approved: '-' '-'