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HomeMy WebLinkAbout02-05-91 ~ ......... ~ MINUTES OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD FEBRUARY 5, 1991 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. Commissioner Woodson led in the prayer and pledge of allegiance to the flag. The roll was called and a quorum declared present. PRESENT Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Engineer/Utilities Director Shira, City Attorney Rosenthal, Planning Director Behrens, Senior Planner Harper, Building Official Flippen, Public Works Director Brenner, Assistant City Attorney Fowler, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS POLICE DEPARTMENT Certifications of Appreciation were presented to Chief Boyd to be passed on to Detective Ted Silberstein, Ocoee Police Department and Detective John Gardner, Winter Garden Police Department for their work in recent drug arrests. OPERATION OCOEE Mrs. Tami Hacker, reporting on the acomplishments of OPERATION OCOEE, advised that 7 packages totaling 400 pounds had been sent to Desert Shield and Desert Storm so far and that the program can continue through March, when renewal of the program will be considered. Mrs. Hacker expressed appreciation to Public Works Director Brenner and his secretary, Judy Henry, for their cooperation and enthusiasm and to citizens and local businesses for their donations and support. Mrs. Hacker read letters from servicemen, PFC Mike Reeb from Florence, N.J., and PFC Frankie Joe Ramira (no home town listed), expressing their appreciation for the packages received. CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, F, G, H, I, J, and K. Commissioner Foster pulled items B,C,D, and E. Commissioner Woodson pulled item H. Commissioner Johnson pulled item I. City Manager Shapiro asked that he be given direction regarding the consent agenda, as to whether the items on the agenda are not properly placed or whether the staff reports are inadequate because pulling that many items indicated that there was a problem. Commissioner Foster said that there were areas that he did not quite understand and after some briefing from staff the items were left on the consent agenda. ~ Aoproval and Acceptance of Commission Reqular Meeting Minutes of January ~ 1991 ~ Aooroval and Acceptance of Transfer of Develooment Riqhts- Heller ~ Aooroval and Authorization to Execute Heller Property Purchase ~ Approval and Authorization to Execute Contract for Construction of South Water Plant-Diversified Drillinq Corp. ~ '-' '--' Page 2 Ocoee City Commission Regular Meeting February 5, 1991 ~ Approval and Authorization of Developer's Aqreement with Westlake/Oak Forest ~ Approval and Authorization to Purchase Surveillance Eauipment for use Qy the Police Department Usinq Law Enforcement Trust Fund Monev ~ Aporoval and Authorization to Purchase Three Cellular Phones for the Police Department ~ Approval and Authorization to Pay Architectural Fees for Propotype Fire Station Nos. 1 and ~ ~ Approval and Authorization to Execute Second Renewal Maintenance Aqreement with FDOT, Contract No. B4828, State Proiect No. 75906. W.P.I. No. 5610455 Commissioner Combs, seconded by Commissioner Woodson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. ~ Approval and Acceptance of Amendment to Development Aareement No. 88-09. Maquire Road Corporation/Robert ~ Ferdinand, Trustee (Fire Department/Recreational Improvement) City Attorney Rosenthal explained that: 1) The developer has agreed to donate the .96 acre fire station site to the City even though they were under no obligation to make this contribution. Subsequent to the PUD approval and the approval of the original developer agreement which were executed while the City was requiring a fee of land from developers, the City enacted Park Impact Fees and Fire Impact Fees and a policy giving the developer the option to pay either in money or land. These developers opted to pay cash instead of land resulting in the City not having land for the previously agreed to fire station. In order to regain the fire station site, the City entered into negotiations with the developer and a value of $200,000 for the designated property has been established. City Manager Shapiro stated for the record that like zoned property near a turnpike is valued at $55,000-$65,000 but he agreed that one acre situated on Maguire Road with commercial zoning for a shopping center would easily be worth four times that much. City Attorney Rosenthal pointed out that it is important for Commission to be aware that an agreement establishing that value has been entered into, that there has been no formal appraisal done, and it is anticipated that the developer, for tax purposes, will treat this as a donation with the IRS. There will be a tax document acknowledging the value of the donation which the City will sign. 2) The customary practice of confining the use of enterprise funds is not being observed in this case due to the particular scenario just described. The first $75,000 of Fire Impact Fee Fund paid by this developer will be transferred to the Park and Recreation Impact Fee Fund and such action will cause this to be equal to the intent of the original agreement. Mr. Rosenthal made it clear that honoring the original intent of the agreement is the only reason that he could approve this type of transfer. Commissioner Johnson, seconded by Commissioner Combs, moved to approve the Amendment to Development Agreement No. 88-09 as presented. Motion carried with unanimous vote in favor. "-' Page 3 Ocoee City Commission Regular Meeting February 5, 1991 ~ Aoproval and Acceptance of Board of Adiustment Recommendation Re: Case No. 1-43V-90:McKenzie, petition to allow unscreened outside storaqe and open display of used aopliances, etc. in C-2 zoninq. Planning Director Behrens presented staff position recommending denial of the petition, stating that both Code Enforcement Board and Board of Adjustment have heard arguments and could find no legal grounds to grant the variance. Petitioner, Mr. Neil McKenzie, 568 Silver Star Road Extension, distributed pictures showing other businesses with merchandise displayed outside their buildings and said that he felt he was being singled out unfairly and that he had leased the property for six months to test the requirements before making a permanent arrangement. Building Official Flippen said that although his department may have been negligent in not citing him sooner, they will be citing others soon. After a rather lengthy discussion, City Attorney Rosenthal advised that the issue is that this petitioner has requested a variance, and that the Board of Adjustment has determined, and staff concurrs, that the criteria for a variance has not been met. Commissioner Foster, seconded by Commissioner Combs, moved to approve the Board of Adjustment recommendation to deny the petition. Motion carried with 4-1 vote in favor with Commissioner Woodson voting "nay." Petition is denied. '-' COMMENTS FROM CITIZENS/PUBLIC Mr. R.P. Mohnacky, 1820 prairie Lake Blvd, protested the fact that citizens are asked to speak only to non-agenda items in this part of the meeting as he wished to address an agenda item. Mayor Dabbs explained that he would be given an opportunity to speak when the item came up and it was not necessary to consider an item in two different places in the same meeting. Mr. Mohnacky said that in his development, Prairie Lake has reduced in size so that it is now two ponds and getting smaller. He expressed concern that the retention pond is holding water and not letting it go into the lake where it should be. ~ PUBLIC HEARINGS PRAIRIE LAKE PUD-Silvestri Investments, Inc. Amendment to Prairie Lake PUD Planning Director Behrens gave the staff report, explaining that this amendment will: 1) assure that all plans and agreements are adopted in accordance with all applicable City Code provisions, 2) update previous agreements to reflect the current conditions and programming for the development of Clark and Hackney-Prairie Roads, 3} provide to eliminate any inconsistencies between the Land Use Plan, Development Notes, and Conditions of Approval, and 4) lay the groundwork for finalizing a Developer's Agreement relating to road improvements, impact fee credits, and related infrastructure improvements and cost sharing. Mr. Behrens pointed out that the staff recommendation, along with that of the Planning '-' '-' '-' Page 4 Ocoee City Commission Regular Meeting February 5, 1991 and Zoning Commission, to approve the Land Use Plan Amendment and Conditions of Approval is conditioned upon and made subject to the execution of a Developer's Agreement acceptable to the City of Ocoee. Mayor Dabbs opened the public hearing and noted that there were errors in the tract designations on the map. City Attorney Rosenthal said that this item was originally scheduled for November 21, 1990, but that the developer had been required to go back before the Planning and Zoning Commission as it had been determined that a full presentation had not been made the first time around, and also, that as another key objective of the City is to get Clark Road built from A.D.Mims Road to Ocoee-Clarcona Road, it was important that the agreement be in line with concurrency requirements. Mr. Rosenthal recommended proceeding with the public hearing as the technical people are present to answer questions, and continuing the public hearing until February 19, which would give an opportunity to complete a satisfactory developer's agreement. Mr. Scott Henderson, of Glatting Lopez Kercher and Anglin, 33 E. Pine Street, Orlando, went over the project, showing the revisions to the original plan due to the realignment of Clark Road. Mr. Henderson said that they are in agreement with the conditions of approval as stated in the staff report, and that they are working with the attorney and staff toward the developer's agreement. In building Clark Road there will be a two lane connection all the way through from A.D. Mims Road to Ocoee-Clarcona Road, and they will build Hackney-Prairie Road in front of their site in addition to giving $54,000 towards the completion of Hackney-Prairie Road to Apopka-Vineland Road. The first section of Clark Road up to Street "A" will be a four- lane section, from there on two-lane with the right-of-way for four-lane. City Manager Shapiro said that this will be sufficient as this is a long-term project and two lanes will satisfy the traffic need for some time, and also there are not enough Transportation Impact Fee credits to four-lane all the way to Hackney-Prairie Road just now. Mr. Hugh Harling, Harling Locklin and Associates, Inc., 850 Courtland Street, Orlando, 32804, said that they have coordinated with PEC and Greiner, engineers for that portion, and they have lined up the lanes, water lines and reuse lines and force mains to match exactly. They have recommended that the developer include $50,000 of his money toward the construction of the intersection so that he will not have to go in after it is completed and tear up and replace, as that would cost him several times that amount. Mr. R.P. Mohnacky expressed concern regarding building within the 100 year flood plan and City Attorney Rosenthal assurred Mr. Mohnacky that none of the approvals from the City constitute a waiver from the storm water requirements of the St. Johns Water Management District even if complying with those criteria means that they must reduce the density of the development. Mr. Mohnacky spoke further about growth not paying for growth. Commissioner Woodson, seconded by Commissioner Johnson, moved to continue the public hearing to February 19, 1991 in order to continue negotiations for a developer's agreement. Motion carried with unanimous vote in favor. Page 5 Ocoee City Commission Regular Meeting '-' February 5, 1991 '-" RECESS 9:20 TO 9:35 P.M. SECOND READING AND PUBLIC HEARING ORDINANCE NO. 90-52, Case No. 1-15R-90:Silvestri-Rezoning from PUD to R-1-A and C-1 (deferred from November 21, 1990 at request of applicant) The ordinance was presented by title only for the second reading and public hearing. Planning Director Behrens read the staff report and advised that the representatives of the developer were present. City Attorney Rosenthal stated that he had reviewed this petition in November and found it to be in compliance with Florida law. However, as having Clark Road open from A.D.Mims Road to Ocoee-Clarcona Road is the issue, particularly with the development of the commercial property, this item was deferred from the November 21, 1990 series of rezonings until now and Mr. Rosenthal recommended opening the public hearing tonight and continuing to February 19 when it is expected that the developer's agreement complying with the road requirements will have been accomplished. City Manager Shapiro advised that the amount of commercial property on A.D. Mims Road in this plan has been reduced and moved to a more appropriate area in order to get the best use from Clark Road. Planning Director Behrens said that the developer had originally asked for 180,000 square feet of commercial area and the City had convinced them to reduce that to 125,000 square feet, that being an amount greater than the 100,000 square feet that the County permits for a neighborhood commercial. The public hearing was opened. Mr. Scott Henderson, of Glatting Lopez Kercher and Anglin, showed a diagram of the alignment of this development with the rest of Clark Road and explained that, although the custom is to build the road in front of the project, in this instance they will be building the road to Ocoee-Clarcona Road in order to complete the north-south movement of the City's primary collector road in this area. Mr. Henderson pointed out that the County does not plan any commercial development in this area at all and that lends importance to this development. Mr. Mohnacky wished for his comments in the previous public hearing to be considered for this public hearing also. As no one else wished to speak, Commissioner Foster, seconded by Commissioner Johnson, moved to continue the public hearing for Ordinance 90-52 to February 19, 1991. Motion carried with unanimous vote in favor. OTHER BUSINESS RESOLUTION NO. 91-01, "establishing a fee for furnishing copies of forms and printed statements as required by Florida Statutes Chapter 713 Section 135(4); providing for severability; providing an effective date." was presented by title. City Attorney Rosenthal advised that he had made a change to the resolution as it was presented in the packet, pointing out that the additional ~ fee applies to each building permit and also certain exemptions, that if the statute does not require that the City give the ~ Page 6 Ocoee City Commission Regular Meeting February 5, 1991 paperwork, then the City may not charge for the forms even if they are provided. Commissioner Woodson, seconded by Commissioner Combs, moved to adopt Resolution No. 91-01. Motion carried with unanimous vote in favor. RESOLUTION NO. 91-02, "authorizing the Chief of Police to withdraw up to $25,000 from the City's Contingency Fund Account for a period not to exceed 24 hours to be used as flash money in sting operations." was presented by title. Commissioner Combs, seconded by Commissioner Foster, moved to adopt Resolution No. 91-02. Motion carried with unanimous vote in favor. RESOLUTION NO. 91-03, "adopting and approving job descriptions setting forth the duties and responsibilities of each employment position in the City Utility Department; providing for severability; providing an effective date." was presented by title. Commissioner Foster commended Personnel Director Psaledakis for the preparation of the documents. Mayor Dabbs, seconded by Commissioner Johnson, moved to adopt Resolution No. 91-03 subject to the clearing up of certain editorial inconsistencies he has mentioned to Personnel Director Psaledakis. Motion carried with unanimous vote in favor. '-" RESOLUTION NO. 91-04, "adopting a Company of the United States Armed Services; providing an effective date." was presented by title. The Company adopted is 1st FSSG, Engineering Detachment, BRAVO Company, United States Marine Corps. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt Resolution No. 91- 04. Motion carried with unanimous vote in favor. STAFF REPORTS City Manager Shapiro reported that a group has requested permission to have a parade on February 16, 1991 at 1:00 p.m. in support of our people involved in Desert Shield and Desert Storm and a memo has been distributed to Commission from Police Chief Boyd showing the parade route requested, expressing his concerns and requesting (as this was an unscheduled event when the budget was prepared) that the required overtime pay in the amount of $830.00 be authorized from the contingency fund upon approval of the parade. Mrs. Sharon Peine, Orange Bank, advised that the focus of the parade is on supporting our people in the armed services, rather than war vs no-war, that the response has been most gratifying, and she listed many groups that wish to be a part of the parade. Mrs. Peine also requested at this time that permission be granted to have a parade when our troops come home. Commissioner Johnson, seconded by Commissioner Combs, moved to approve the parade. '-' .'-' Page 7 Ocoee City Commission Regular Meeting February 5, 1991 City Attorney Rosenthal advised that a memo will be forthcoming from him regarding the new State Ethics Law and that a workshop should be scheduled to review the new rules after the memo has been delivered. UNTIL THEN: Mr. Rosenthal cautioned Commissioners to 1} Not accept a gift of over $100.00 unless it is from a relative. As attorneys do not agree on what the law says it may be changed again. 2) Do not ask anything (gift) of anybody (lobbyist). Gifts now include almost everything: real property, use of real property, tangible and intangible personal property and the use thereof, preferential interest rate, forgiveness of indebtedness, transportation, lodging and parking. Mr. Rosenthal explained further about the definitions involved and registration of lobbyists and that a more thorough review would be made during the workshop. ~ COMMENTS FROM COMMISSIONERS Commissioner Woodson: 1) Commended Police Department for their quick response to a report that a man was seen taking a child into the woods (even though it was a false alarm). 2) Asked what had happened to the move to name Clark Road "Ocoee Boulevard." City Manager Shapiro advised that when it was discussed the vote (which was a split vote the last time) was not in the form of a resolution or ordinance, which would be necessary for it to be a legal change, and since then there had been some indication that for historical reasons it should not be changed. Commissioner Woodson suggested naming a portion of the road Ocoee Boulevard and Mayor Dabbs suggested naming it Clark Road/Ocoee Boulevard. City Manager Shapiro said that he will bring it up in several months before the road is finished. Commissioner Combs: 1) Commented about the danger at the Geneva Street/Bluford Avenue intersection. 2) Thanked Ed Turner, Orange County Inspector, and Public Works Director Brenner for solving a sod problem. 3) Yielded the floor to Mrs. Tami Hacker who asked that Commission authorize payment of $108.00 for a 4 x 8 banner flag with the words "Operation Ocoee - We want you to remember that we are remembering you" to be used in the parade February 16. Commissioner Combs, seconded by Commissioner Woodson, moved to authorize the payment. Motion carried with unanimous vote in favor. '-' Commissioner Foster: 1} Suggested consideration of adopting a plan for compensation for employees going to the Persian Gulf, other cities have. 2) Reported that behind McKey/Cumberland corner unsightly. City Manager habitual offender. salary as some Joe Marra Air Conditioning Repair Shop on the collection of waste continues to be Shapiro said that he will be cited as an '-' Page 8 Ocoee City Commission Regular Meeting February 5, 1991 3) Requested signalization at Delaware Street/Bluford Avenue due to school traffic. Police Chief Boyd said that he is contacting the School Board regarding having the middle school guard be there for elementary school traffic as well. 4) Mentioned a new way of purchasing gas he found in the Florida Innovation Group publication. Commissioner Johnson: 1) Reported that the railroad crossing at North Lakewood Avenue is a mess again. 2) Commented that the landscaping in different areas is taking shape and looking good. Mayor Dabbs: Pointed out articles in the Florida League of Cities publication regarding information available in affordable housing, economic internship, financing workshop and innovative tax and City Manager Shapiro said that staff is aware of those and already subscribing to the appropriate programs. ADJOURNMENT Meeting adjourned at 10:40 p.m. '- A J '-'