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HomeMy WebLinkAbout05-07-91 MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD ON MAY 7, 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. Commissioner Woodson led in the prayer and pledge of allegiance. 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 Attorney Rosenthal, Planning Director Behrens, Director of Administrative Services Beamer, City Engineer/Utilities Director Shira, Building Official Flippen, and City Clerk Grafton. Other department heads were present in the audience. PRESENTATIONS AND PROCLAMATIONS Mayor Dabbs read a proclamation proclaiming May, 1991 Bike Month. Presentation of Student Brochures-Ocoee Middle School Eagle Team Mrs. Lou Bastin, team leader for Eagle Team from Ocoee Middle School, distributed brochures to the Commission which were created by Eagle Team, and she explained that they are to be given to students who move into this area. The very informative brochures, printed in both English and Spanish, show the location of eating places, recreation spots and other points of interest to young people in and around Ocoee. '-' Mayor Dabbs introduced Ms. Marge McWilliams, Chairman of Orange County Planning Board, who was present in the audience. Mayor Dabbs also announced that there are now enough recycling bins for the whole city to be participating in the recycling program. ~ CONSENT AGENDA The proposed consent agenda consisted of items A,B,C,D,E,F,and G. City Manager Shapiro pulled item G and Commissioner Woodson asked that item D be explained re: trees. City Engineer Shira explained that Florida Department of Transportation will be resurfacing Bluford Avenue and this item only affects trees in the right-of- way and that none of the oak trees along Bluford are in the right- of-way. ~ Approval and Acceptance of Commission Reqular Meetina Minutes of April .lL.. 1991 ~ Approval and Authorization to Execute Water Line Easement Aareement with Cambria ~ Approval and Authorization to Execute Water Line Easement Aareement with William ~ and Lieser ~ Colburn ~ Approval and Authorization to Execute Utility Relocation Aareement with D.O.T. for Bluford Avenue from Hwy 50 to McKey St. ~ Approval and Authorization to Use Forfeited Funds to Purchase ~ Pre-owned Vehicle for Use Qy Investiaator Assianed to Metropolitan Bureau of Investiaation ~ Approval and Authorization to Purchase Camcorder with Niaht Vision Capabilities Commissioner Woodson, seconded by Commissioner Combs, moved to approve items A through F of the consent agenda as presented. Motion carried with unanimous vote in favor. \...- Page 2 Ocoee Citiy Commission Regular Meeting May 7, 1991 ~ ~ Aooroval and Authorization ~ Execute Develooer's Aareement with Patrick ~ Christiansen. Trustee for Westridae PUD City Attorney Rosenthal gave the background for this item, explaining that in November, 1990, certain lands known as Westridge PUD, owned by Patrick T. Christiansen, as Trustee, were annexed into the City and the ordinance for the re-zoning of this property to PUD was approved subject to the Petitioner's execution of a Developer's Agreement addressing the right-of-way dedications with respect to Moore Road and the Conditions of Approval shown on the Land Use Plan with the revisions to the Land Use data indicating a minimum lot size of 80' x 115'. The signing of the ordinance was held in abeyance pending finalization of the Developer's Agreement, which has been delayed first by Thanksgiving and Christmas holidays and then by efforts to assure that Moore Road lines up with Roberson Road. Mr. Christiansen came in to petition to change the zoning in January and was advised that the City was still waiting for the Developer's Agreement to be finalized so that the original re- zoning ordinance could be executed. The northern 5 acres of the tract are now under litigation between Maguire Road Corporation and Pat Christiansen as Maguire Road Corporation has declared that they have a Purchase Contract for that portion of the property and due to their alleged equitable interest in that land the City Commission should not be entitled to approve the Developer's Agreement in the absence of a Joinder and Consent by Maguire Road Corporation. Mr. Rosenthal opined that such delay is not necessary and he said that he would withhold further comments until others had an opportunity to speak. Mr. Scott Wilt, Maguire Voorhees and Wells, representing Maguire Road Corporation, explained that approval of the Developer's Agreement finalizes action with the rezoning ordinance and the smaller minumum lot sizes would adversely affect Maguire Road Corporation interests. Mr. Wilt said further that today they had sought injunctive relief and it was denied but that they intend to continue the lawsuit. Mr. Wilt expressed concern that his client had been denied due process and that the terms in the proposed Developer's Agreement are different today than they were in November as at that time the minimum set backs in the Westridge PUD were to be no smaller than those in Plantation Grove project. Also there is a new clause that no certificate of occupancy can be issued until Moore Road is completely paved. Mr. Wilt asked that Commission delay action on the Developer's Agreement and allow Maguire Road Corporation to become more involved in the determining process. '---' Dr. Bob Ferdinand, 12202 Park Avenue, Winter Park, one of the principal owners of Maguire Road Corporation, asked that the Developer's Agreement be tabled and that the Commission instruct the principals to negotiate toward a solution that would benefit all parties. Mr. Don Huber, 116 Butler Street, Windermere, said that after the discussions began regarding realigning Moore Road, Maguire Road ''-' Page 3 Ocoee City Commission Regular Meeting May 7, 1991 Corporation approached him about buying the 5 acre parcel in question and he did sign the option agreement subject to the price and not being able to use the property. Mr. Huber said that the problem is that the parcel is zoned residential in his PUD and Maguire Road Corporation wants it to be commercial, and that up to two days ago Maguire Road Corportion had been pressing him to sign the Developer's Agreement, but changed their minds at that time. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked that several points be clarified regarding lot size and the public hearing. City Attorney Rosenthal advised Mr. Mohnacky that he had spoken at the public hearing in November, 1990. There were no further comments from the public. ....... City Attorney Rosenthal, in response to Attorney Wilt's remarks that the Developer's Agreement had been changed, said that there were changes made at the public hearing regarding lot size and those changes were incorporated in the Land Use Plan Map that was attached to the agreement and careful review of the map shows that it conforms with the action taken that night and there were no further changes. The details of the Developer's Agreement are consistent with what has been done in the past and it was brought back before Commission so that they could see how staff and the City Attorney had put the agreement together and have an opportunity to approve/disapprove. His goal and direction was to address issues related to the right-of-way and other issues were not addressed. The minutes of the meeting state specifically that the Developer would have an opportunity to revisit the peripheral building set backs in connection with the development plan approval. Mr. Rosenthal stated further that the rezoning ordinance (No. 90-45) was indeed adopted after an advertised public hearing in accordance with Florida Statute in November, 1990 and that the action tonight only brings the Developer's Agreement before Commission and the Mayor puts his signature on the Ordinance. Mr. Rosenthal said that, in his opinion, if the two property owners negotiate something and corne back before Commission, then Commission would only be able to make a change after going through the procedure again to adopt a new ordinance. Mr. Rosenthal said further that he felt the City should not get in the middle of litigation between two property owners. Mr. Rosenthal said that he could recommend either of two alternatives: 1. Approve the Developer's Agreement authorizing execution and further find that all conditions precedent to the execution of Ordinance No. 90-45 have been satisfied; and 2. Waive the specific requirement that the Developer Agreement be executed as a condition for the Mayor's authorization to sign the Ordinance. This would separate the two actions and the Mayor could sign the Ordinance separate and apart from the Developer's Agreement. Part of the Ordinance which was approved without condition incorporated the Land Use Plan which has in it a statement that says the project shall be subject to execution of the Developer's Agreement regarding dedication of additional right-of-way for Maguire Road and Moore Road. It would be possible to take final action unrelated to the Agreement on ~ Page 4 Ocoee City Commission Regular Meeting ~ May 7, 1991 the rezoning, then proceed pursuant to the condition in the approved PUD and, if Mr. Christiansen says that he is still willing to go forward with the Developer's Agreement, a vote could then be taken on the Agreement. This would confine any possible litigation to the issue of the Agreement rather than to the validity of the rezoning ordinance. Mr. Scott Wilt said he wished to make it clear to Commission that Mr. Rosenthal's proposal to change the rules that were established is not agreeable to Maguire Road Corporation. Mr. Wilt said that he had mentioned set back requirements as an example of the changes that had been made in the Agreement during the last seven months since they had taken the option to buy the parcel and he asked what the Land Use Plan shows as the right-of-way for Moore Road. Mr. Rosenthal said that the Plan shows a 60' wide right-of-way and the Developer in the course of the discussions has agreed to 80' wide right-of-way because that was necessary to achieve the alignment with Roberson Road. Mr. Rosenthal pointed out that he had made it clear to the Developer that if he chose to not go to 80' he had every right to stay with the 60' originally approved. '-' Mr. Pat Christiansen, 255 S. Orange Avenue, Orlando, said that he can live with whatever Mr. Rosenthal has recommended. Mr. Christiansen said that he has been working with the City and it had taken months to locate the right-of-way for Roberson Road and he had agreed to the 80' right-of-way because it would be good for the area and thus the project. Mr. Christiansen said that up until 5:20 p.m. yesterday Maguire Road Corporation had been encouraging him to sign the Agreement and this morning Maguire Road Corporation had filed for a court hearing to get an injunction to prevent his signing. In the hearing which was held this afternoon the request was denied. .., Commissioners Woodson and Commissioner Combs both expressed their feelings that the parties have had ample time to corne to an agreement and that the City should not act as referee. Commissioner Combs, seconded by Commissioner Poster, moved to approve the Developer Agreement dated November 20, 1990 between Patrick T. Christiansen, individually and as Trustee, and the City of Ocoee, authorizing execution thereof by the Mayor and City Clerk, and further finding that all conditions precedent to the execution of Ordinance No. 90-45 (Case No. 1-37AR-90:Christiansen) have been satisfied and with the Land Use Plan being attached thereto being the Plan approved by the City Commission at the public hearing on November 20, 1990 with the revisions required by the City Commission. Mayor Dabbs asked for clarification: Has Maguire Road Corporation already purchased or do they just have an option to buy...as an option does not give property rights. Also, Dr. Ferdinand has asked for time to mediate...lf that was possible or likely, why did they sue? Dr. Ferdinand said that they had tried to buy but the terms were not good. One of Christiansen's partners had an option to buy and was willing to sell his option to Maguire Road Corporation under certain terms (which they met) but the seller was unwilling to sell to them. The suit was for '- Page 5 Ocoee City Commission Regular Meeting May 7, 1991 specific performance for a judge to review the documents and determine whether they had a right to buy and, if so, to cause Mr. Christiansen to produce the papers and sign. Mayor Dabbs agreed with Commissioners that it was not appropriate for the City Commission to do that which the court has not done. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. COMMENTS FROM CITIZENS/PUBLIC Mr. Mohnacky asked what kind of vehicle was to be purchased in consent agenda item III E, and he was advised that it was to be used as a covert vehicle and that information could not be disclosed. '-" SECOND READINGS AND PUBLIC HBARINGS OF ORDINANCES Ordinance No. 91-03, "relating to the City, Budget; amending the City Budget adopted by Resolution No. 90-16 for the Fiscal Year beginning October 1, 1990 and ending September 30, 1991 by providing for reduction of appropriations, transfer of funds between and within departments and supplemental appropriations for debt service; providing for severability; providing an effective date." was presented by title. City Manager Shapiro explained that the revenues are just not there and that he has reviewed the dollars and cut out purchases but no people have been let go. Mr. Shapiro said that public works will be able to do resurfacing but not much else. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Woodson, seconded by Commissioner Johnson, moved to enact Ordinance No. 91-03 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 91-04, "relating to Water and Sewers; creating a new Section 22-4.1 of Chapter 22 of the Code relating to Water and Sewer charges; providing for a lien on real property serviced by the City's Water and Sewer Facilities upon nonpayment of charges when due; providing for severability; providing an effective date." was presented by title. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to enact Ordinance No. 91-04 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. ~ Ordinance No. 91-05, "amending Ordinance No. 90-03, the Police Impact Fee Ordinance; for amending Section 4 of Ordinance No.90-03 to provide adjustment of the Police Impact Fee Schedule and an Alternative Impact Fee Calculation; amending Section 10 of Ordinance No. 90-03 to provide a time limit for expenditure or encumbrance of funds; adopting a new Section 7-1 of Ordinance No. 90-03 to provide for vested rights determinations; providing for severability; providing for an effective date." was presented by title only. The public hearing was opened and, no one wishing to '- Page 6 Ocoee City Commission Regular Meeting May 7, 1991 speak, was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to enact Ordinance No. 91-05 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. RECESS FROM 8:30 P.M. TO 8:46 P.M. to sing Happy Birthday to City Manager Shapiro and City Attorney Rosenthal. OTHER BUSINESS Status Report: Clark Road - PEC and City Attorney City Engineer/Utilities Director Shira briefed Commission on 3 projects before introducing Bob Campbell from PEC: 1. Water Supply Well construction is 90% complete and less than 30 days behind, 1200' down of the 1320' scheduled, no change orders; 2. South Water Plant, pumps, buildings, storage tanks- bids will be opened Friday at 10:00 a.m. at City Hall; 3. Wastewater Treatment Plant is approximately 80% complete - on a contract amount of $1,076,000.00 there are .38% of change orders and now on schedule. ~ Mr. Bob Campbell, PEC, whose task it was to report on the technical issues of the Clark Road project, introduced from PEC staff: Louis Grajales, Project Highway Design Engineer, David Hamstra, Range Engineer, and Gary Revoir, Utility Engineer for the project. Mr. Campbell explained the status of the plans and advised that in the environmental assessment there is concern regarding some tortoises and they will be relocated just before construction begins. Mr. Campbell said that the ramp design has been approved by Orange County. \..- Mr. David Hamstra said that the plan calls for water and wastewater lines to be installed prior to the road construction and they have coordinated with the property owners to determine what utilities they will require so that provisions can be made to enable those owners to hook into the City's utility system without tearing up the road. A water main will be constructed from Highway 50 along the entire alignment of Clark Road, connecting with the existing 12" water main at Highway 50, stubbing out on White Road for any future development, and connect with the existing 12" force main on Silver Star Road and connect to the existing 16" water main on A.D. Mims Road. Also the major sewer force main provisions will parallel and replace the existing 12" force main that pumps from the master station down at Richmond, Bluford and Highway 50 and pumps along the 12" force main and along the Clark Road alignment (the Prima Vista Utilities line). All the existing force mains and pump stations will be connected into this manifold system. Part of the existing 12" force main is located in the road median and will be used in the future for capacity and for re-use. Mr. Tom Kelley said that the wastewater force main will be disinfected later for a reclaimed water line if/when required. '-" Page 7 Ocoee City Commission Regular Meeting May 7, 1991 Mr. Gary Revoir said that earlier an alternative exfiltration system had been recommended because of the lack of readily available water retention pond in that area. Now he is in the process of coordinating with the Worsham family to consolidate the retention pond in one location rather than several small ponds. A similar coordination with White Hill is working, and another pond will be serving Clark Road and Spring Lake. As this is a natural recharge area they are encouraging the use of natural means rather than exfiltration. Mr. Bob Campbell reviewed the Master Plan Schedule and explained a chart showing the schedule (attached to the minutes as "Exhibit A"). He said that Commission should be prepared with the gold shovels November 1, 1991 and the gold scissors December 1, 1992. Mayor Dabbs commended Mr. Campbell and PEC for the job being accomplished, and Mr. Campbell said that City Manager Shapiro and City Engineer Shira are the real heros. \.r City Attorney Rosenthal said that so far we have been getting the right-of-way and not writing checks, but that we are just about traded out. Yesterday an agreement in principle was reached with the Worsham family and next month he will bring in an agreement wherein the City will build a pond for the Worsham tracts and Clark Road...this will be at a lesser cost than an exfiltration system. Mr. Rosenthal advised that in July condemnations will be considered. Appraisals will be coming in on the land not yet acquired and the owners will be offered dollars according to appraisals and if not accepted then condemnation proceedings will be instituted. City Manager Shapiro pointed out that no one will be losing a house or business. Mr. Rosenthal said that in all instances the property owners have been most cooperative , but in some cases where we have concluded arrangements other issues have arisen, but none of them are significant in terms of the overall project. City Manager Shapiro commended Mr. Rosenthal and Foley & Lardner for their tenacity in the negotiations and advised that Commission will continue to be informed. '-" Discussion regarding Proposed Pension Plan City Manger Shapiro introduced Mr. Dehner, Christiansen, Dehner & Watts, said that the goal of their project was to put the City of Ocoee Pension Plans into a competitive position with other municipalities. There are state moneys available to help fund those plans set up for police officers and firefighters which must be accessed by municipal ordinance and those are represented in Ordinance No. 91-10. The benefit plan presented provides for retirement upon reaching 52 years of age and 25 years of service or 55 years of age and 10 years of service. Early retirement is at 45 years of age and 5 years of service. Employee commitment to these plans is 5% of W2 earnings. There are also provisions for disability payments. The benefit plan for general government employees provides for retirement upon reaching age 60 years Page 8 Ocoee City Commission Regular Meeting ~ May 7, 1991 without regard for years of service, with an employee contribution of 5% of earnings. There is no provision for self-insured disability for general employees. Early retirement is at 50 years of age and the completion of 5 years of service. The administration of the plans is done by a board, but the plans can only be changed by Commission action. Mr. Dehner said that the effective date of the tax levying ordinance would be upon adoption but that the effective date of the ordinances adopting the plans would be October 1, 1991. City Manager Shapiro advised that in the meantime Mr. Dehner will be returning to talk to the employees, explaining the details and allowing them to vote on the plan itself prior to the effective date. Upon approval by the City employees participation is mandatory. This plan also recognizes the longevity of employees who have been here for some time. City Attorney Rosenthal announced corrections to Section 5 of both Ordinance 91-08 and Ordinance 91-09 to show the effective date as October 1, 1991. Mr. Dehner said that another correction should be made to page 15, item number 3 where there is a typo showing the early retirement after 10 years of service and it should be 5 years of service. A corrected page will be sent to the City Clerk before the final reading of the ordinance. '-' First Reading of Ordinances related to Pension Plan - Second reading and public hearings are scheduled for May 21, 1991 Ordinance No. 91-08, "relating to the City of Ocoee Municipal General Employees' 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. II was presented by title for the first reading. 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 ~ Page 9 Ocoee City Commission Regular Meeting May 7, 1991 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 for the first reading. Ordinance No. 91-10, relating to "creating an Article UIII 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 first reading. '-' City Attorney Rosenthal pointed out that the attorney signing the documents as to form and legality will be an attorney from Christiansen, Dehner and Watts. Florida League of Cities Advertisement in Convention Issue of "Quality Cities II Commissioner Foster, seconded by Commissioner Johnson, moved to purchase for $245.00 a one-half page ad (showing a lake scene in Ocoee) in the Florida League of Cities convention issue of "Quality Cities" magazine. Motion carried with unanimous vote in favor. Mayor Dabbs, seconded by Commissioner Woodson, moved to appoint Commissioner Johnson as voting delegate at the Florida League of Cities Convention in Tampa. Motion carried with unanimous vote in favor. ~ Discussion and Authorization to Proceed with Audit Selection for Fiscal Years 91, 92, 93 Director of Administrative Services Beamer explained that Section 10 of the City Charter calls for the selection of an auditing firm for the fiscal years 91, 92, and 93 and presented an example of the request for proposal and the agreement for these services along with the proposed schedule as follows: May 12-Newspaper advertisement, May 20-Pre-bid conference in the Community Center, 10:00 a.m. to 11:30 a.m., May 31-Bid opening, June 18-Ranking to City Commission, July 16-Award; along with a proposed committee of Mayor Dabbs, Montye Beamer, Ivan Poston, Jim Shira, Ray Brenner, and Martha Gianitsis. Mayor Dabbs, seconded by Commissioner Woodson, moved to adopt the procedure and the schedule as presented and to appoint Commissioner Johnson in his place on the committee. Motion '- Page 10 Ocoee City Commission Regular Meeting May 7, 1991 carried with unanimous vote in favor. City Manager Shapiro pointed out that this is not a reflection on the capabilities of McDirmitt & Co., but rather a Charter requirement that we must observe. Discussion and Authorization to Proceed with Selection of Golf Course Developer Director of Administrative Services Beamer requested authorization for a committee made up of Mayor Dabbs, Jim Shira, Montye Beamer, Ray Brenner and Jim Beech to proceed with the selection of a short list of proposed developers for the municipal golf course. Mayor Dabbs, seconded by Commissioner Woodson, moved to authorize the committee to proceed with the selection and to appoint Commissioner Combs to serve on the committee in his place. Motion carried with unanimous vote in favor. '-" Discussion and Authorization to Proceed with Selection of Engineering, Architect and Builders Services for Expansion of City Hall and Police Department Buildings Director of Administrative Services Beamer presented an outline for the procedure to accomplish the City Hall and Police Department expansion projects with a proposed committee made up of the following: Mayor Dabbs, Jim Shira, Montye Beamer, John Boyd, and Ray Brenner. The outline is as follows: 1) Preliminary site engineering by PEC, 2) Architect RFP and selection for the master building site plan, 3) Architect award, 4) Final site design, 5) Construction specifications and bid, 6) Construction award. City Manager Shapiro explained that it is now necessary to have an architect seal the RFP. Commissioner Combs, seconded by Commissioner Johnson, moved to approve the proposed process and committee as well as the preliminary engineering. Motion carried with unanimous vote in favor. Resolution No. 91-09, "relating to Citizen Advisory Council; amending Exhibit A of Resolution 88-06; prohibiting members of Citizens Advisory Council from riding as observers in Police Department vehicles; providing for severability; providing an effective date." was presented by title. Chief Boyd explained that this is necessary because our insurance will not cover passengers in police vehicles. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Resolution 91-09 as presented. Motion carried with unanimous vote in favor. '-' Resolution No. 91-10, "adopting and approving job descriptions setting forth the duties and responsibilities of each employment position in the Fire Department, the Recreation Department, and the General Administration of the City of Ocoee; providing for severability; providing an effective date." was presented by title. Commissioner Foster, seconded by Commissioner Combs, moved to adopt Resolution No. 91-10 as presented. Motion carried with unanimous vote in favor. Pirst Reading of Ordinances - Second Readings and Public Hearings are scheduled for May 21, 1991 Ordinance No. 91-06, Arvida/JMB Partners-Wesmere, Case No. 1-3R- Page 11 Ocoee City Commission Regular Meeting ~ May 7, 1991 91:Arvida, "rezoning certain lands located in the City of Ocoee by changing the zoning classification from R-1-AA & 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; 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 first reading. City Manager Shapiro explained that a group of developers did a study of the needs along Maguire Road and the PUD in this plan incorporates the findings of that group. Mr. David Guy, Arvida, advised that due to the change in market conditions they feel the need to change the zoning on this parcel as requested and have been working through the hoops, receiving unanimous approval on their request from DRC, a 4-2 vote in favor from Planning and Zoning. '-' Mr. John Rinehart, Glatting Lopez Kercher and Anglin, reviewed the changes in the overall plan regarding roads, hospital, schools, and parks in the area since the beginning of this development when it was originally zoned by the Heller Bros. Mr. Rinehart then reviewed the existing portions of the development in relation to the plan they would like to have approved incorporating the proposed changes. Developer is asking for 1) waiver in street pavement width, 2) waiver in set-backs for some of the units, 3) reduced right-of-way width in some areas, 4) waiver in lot coverage from 30% open space, and 5) waiver in size of some of the units. Mr. Rinehart said he would be glad to answer any questions and Mayor Dabbs advised that there would be no questions tonight but he felt that they had earned a right to give their presentation after waiting through all the rest of the meeting, and that the questions would be asked at the public hearing. Mr. Rinehart said that working with the staff had been a pleasure, that they were strict and hard but fair. City Attorney Rosenthal advised that a portion of the title referring to the Land Use Plan had been omitted and it will be corrected before the next meeting. Ordinance No. 91-07, "relating to regulation of parking a vehicle in 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 for first reading. '-' 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 Page 12 Ocoee City Commission Regular Meeting ~ May 7, 1991 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 officials 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 first reading. Ordinance 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 first reading. Commissioner Johnson requested that this information be printed on the water bills. '- BOARD APPOINTMENTS Recreation Advisory Board: One Two-Year Term Expires May 1991 Commissioner Johnson, seconded by Commissioner Woodson, moved to appoint Mrs. Ileana Tripp to serve a two year term on the Recreation Advisory Board, filling the position previously held by Mr. Junior Wise. Motion carried with unanimous vote in favor. Code Enforcement Board Mr. Pitt Varnes' resignation was submitted to be effective May 1. His term expires January 1993. Mr. Frank Carlsson's 3 year term expires in June, 1991. Commissioner Combs, seconded by Commissioner Foster, moved to appoint Mr. Jim Sills to complete Mr. Varnes term and to reappoint Mr. Frank Carlsson for another 3 year term. Motion carried with unanimous vote in favor. STAFF REPORTS There were no staff reports at this time. "-" Mayor Dabbs read a notice from the Sanitation Department and Public Works Department that tires, building materials, oil, paint, batteries, furniture, and white goods are not being collected by the City because of the restrictions placed on the City by Orange County and the Florida Department of Environmental Regulations. It is the homeowners responsibility to dispose of these items and a disposal site is provided at Porter Transfer Station. This announcement will also appear on the water bill. Page 13 Ocoee City Commission Regular Meeting ~ May 7, 1991 COMMENTS FROM COMMISSIONERS Commissioner Woodson: 1. Reported that the well south of the boat docks had been plugged off and is now open and there has been concern expressed that the run-off from the lake may be going into the acquifer. Public Works Director Brenner will take care of it. 2. Asked when we will get bike paths. Recreation Director Beech said that the summer recreation program includes 2 weeks of bike safety instructions and it is all right to ride on the sidewalk. 3. Asked if the sale is completed on the 333 Enterprise parcel. City Attorney Rosenthal said that he thinks it may be complete as the partial ownership problems have been resolved. Commissioner Combs: Reported that Mr. Frank Hanus passed away and he expressed sympathy to the family. '-' Commissioner Foster: 1. Reported flood/drainage problem on Kimball Street and asked if the City could use their landlocked parcel for drainage. Public Works Director Brenner said that they are already working on that problem. 2. Re: Requests for funds - Said that Commission should set criteria for need and shut off freebies. City Manager Shapiro advised that a budget meeting should be held inviting all petitioners at once so that donations can be budgeted. 3. Re: WalkAmerica - Noted that he was the only commissioner walking and recommended that commissioners use the 3-P Program so they can walk next year: Prunes, Pablum, and Possum. Commissioner Johnson: 1. Asked that a letter be sent to Kimball Drive residents advising of our plans to help with drainage and the cost involved. 2. Wants the Kissimmee Ave/Story Road intersection fixed. 3. Asked about the rule regarding dog noises. 4. Cablevision calls are giving him nightmares..Where is Telesat??? 5. Expressed sympathy to Mr. Hanus family. He was a good man. Mavor: AMEN to that. ADJOURNMENT The meeting adjourned at 10:55 p.m. ~