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HomeMy WebLinkAbout06-18-91 MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD JUNE 18, 1991 "-' The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Pro Tern Johnson 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 Pro Tern Johnson, Commissioners Foster and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Planning Director Behrens, Director of Administrative Services Beamer, Building Official Flippen, and City Clerk Grafton. ABSENT: Mayor Dabbs (out of town) and Commissioner Combs (ill) PRESENTATIONS AND PROCLAMATIONS Mrs. Mary Anne Swickerath, representing the Citizen Recognition Committee, spoke briefly, but in glowing terms, about the scholastic accomplishments of the two valedictorians of West Orange High School, Deron Berwager and Thornton Eastham. Mayor Pro Tern Johnson presented each of the young men a plaque for outstanding scholastic achievement. Mayor Pro Tem Johnson read a Proclamation in support of the Florida Freedom Festival July 4. \.. Recreation Director Jim Beech presented a plaque to the City of Ocoee for backing the Big Orange Games for physically impaired students. ~ CONSENT AGENDA The proposed consent agenda consists of items A, B, C, D, E, F, G, and H. City Attorney Rosenthal pulled item E. Approval and Authorization to Execute aJnendmenJ;_~_ky'eloper_ Aareement wi th_ Silver Ark Limi t~ Inc_~ (Clark Road) until the next meeting, saying that there may be additional right-of-way needed. Commissioner Woodson asked that item C be explained as he had observed that the deck was in place already and granting an easement after the fact did not appear to be the proper order. City Manager Shapiro explained that the concrete deck had been placed over the easement and that the City has required that it be replaced with a wooden deck in order to provide a more reasonable access when/if needed by utility crews. City Engineer Shira explained that there were a half-dozen easements behind the building and the original plat showed two distinct easements located on the plat. When the building was actually constructed the location of the lines did not fall within the easements and so they have been required to resurvey. A. Approval and Acceptance of Commission Reaular Meetina Minutes of June ~L-.1991 !!~l~I~!:oval and AcceptaI!ce_ of Temporary ~ssianment of _ Wastewater Capacity and Potable Water Connections from RCA to Hawthorne Properties, Ltd. ~_.~__~~rova!. and_.-!uthorization to Execute Good JI-91!l~s_ Plaza-Utility Easement Aareement )2~_~j)prova:L~(LAuthorizati~n to Execute A!ITeement Reaardina Clark Road with Methodist Church District Board of Missions and Church Extension of Q.!"Ja!ldo J~.!.~!!".tct !__I~~~ [!....-.m!:~y_al__~~<!_Autho!"i_za tion to E~ecut~L1LeVel.9~!"._~greelllenJ_tQL~ewe!" Service with First Equity Development ~roup, Inc. (Lake Lilly) '-- Page 2 Ocoee City Commission Regular Keeting June 18, 1991 ~~~Hroval and Authorization to Execute Developer Agreement for Water Service with First Equity Development Group, Inc. (Lake Lilly) ~~yal_of_?taff Recgmmendation ~warding contract for Constructi~~ of South Water Plant Commissioner Foster, seconded by Commissioner Woodson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. COKKKNTS FROK CITIZENS/PUBLIC Kr. Buford Blizzard spoke against the chain link fence at Wal-Mart and City Manager Shapiro explained that it is temporary while the store is being enlarged. '-'" SECOND READINGS AND PUBLIC HEARINGS OF ORDINANCES Ordinance No. 91-15, Case No. 1-4AR-91:Grimes, "annexing into the corpora te limits of the Ci ty of Ocoee, Florida, certain real property located 230' north of the northwest corner of Maguire and Roberson Roads, as petitioned by the property owners; providing for and authorizing the updating of official City maps; providing direction to the City Clerk; providing for severability; providing for an effective date." was presented by title only for the second reading and public hearing. City Planning Director Behrens explained that this is a correction to the annexation and rezoning cycle last November that includes three-quarters of an acre of land that had been inadvertantly left out of a legal description. Mr. Mark Grimes distributed diagrams showing the site plan to Commission. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to enact Ordinance No. 91-15 annexing the property described in Case No. 1-4AR-91 :Grimes. On roll call Commissioner Foster voted "aye," Commissioner Woodson "aye," and Mayor Pro Tem Johnson "aye." Motion carried. Ordinance No. 91-16, Case No. 1-4AR-91:Grimes, "changing the zoning classification from Orange County A-1, Agricultural to P-S, Professional Offices and Services District on certain real property located 230' north of the northwest corner of Maguire and Roberson Roads as petitioned by the property owners; providing for and authorizing the revision of the Official City Zoning Map; repealing inconsistent ordinances; providing severability; providing an effective date." was presented by title only for the second reading and public hearing. Mr. Mark Grimes explained that the developer plans to construct five two-story office buildings at this location. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Foster, seconded by Commissioner Woodson, moved to enact Ordinance No. 91-16 rezoning to P-S, Professional Offices and Services District, the property described in Case No. 1-4AR-91:Grimes. On roll call Commissioner Foster voted "aye," Commissioner Woodson "aye," and Mayor Pro Tem Johnson "aye." Motion carried. '--' Ordinance No. 91-17, Case Be. 1 tAR 911Criaes "relating to confinement of animals and fowl; repealing Section 4-31 of Article III of Chapter 4 of the Code of Ordinances of the City; adopting a new Section 4-31 of Article III of Chapter 4 of the Code of Ordinances which prohibits fowl within the City; providing for a caretaker for certain animals in confined area; '-' Page 3 Ocoee City Commission Regular Meeting June 18, 1991 providing for special permits; providing for severability; providing an effective date." was presented by title only for the second reading and public hearing. City Manager Shapiro pointed out that in order to avoid conflicting rules an amendment should be made to this ordinance as presented as there is an existing ordinance permitting the keeping of fowl in A-1 and A-2 zoning. The public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked for further clarification and Mr. Shapiro explained the need for this Ordinance. Mr. Grover Voss, 6648 Christina Marie Drive, Orlando, spoke in favor of the Ordinance. The public hearing was closed. Mayor Pro Tem Johnson, seconded by Commissioner Foster, moved to amend the proposed Ordinance No. 91-17 by inserting into Section 4-31 (a) the phrase Except as expressly authorized in A-1 and A- ~_!.()ning distri~t~_ before "no person shall keep upon any property located within the City any chickens, turkeys or other fowl." Motion carried with unanimous vote in favor. Commissioner Woodson, seconded by Commissioner Foster, moved to enact Ordinance No. 91-17 as amended. On roll call Commissioner Foster voted "aye," Commissioner Woodson "aye," and Mayor Pro Tem Johnson "aye." Motion carried. '-' OTHER BUSINESS Resolution No. 91-11, "authorizing the City of Ocoee to become a lIember of the Cooperative Agency of Municipal Planning; authorizing execution of that certain City of Apopka/Ocoee/Winter Garden/Windermere Joint Planning/Reserve Area Agreement; providing for severability; providing for an effective date." was presented by title only. City Manager Shapiro explained that this agreement provides that these cities mutually agree that where the planning of a particular area affects a neighboring city, that city will have an opportunity to talk about it. And also in areas of mutual planning concern the cities will all get together to work it out. Mayor Pro Tem Johnson asked for comments from the public and Mr. Mohnacky asked for more explanation. City Planning Director Behrens explained that the Comprehensive Plan laws call for communication between government entities regarding planning and this document provides a vehicle for that communication. There were no further questions/comments from the audience. Commissioner Foster, seconded by Commissioner Woodson, moved to adopt Resolution No. 91-11, the C.A.M.P. Agreement. Motion carried with unanimous vote in favor. '-'" First Reading of Ordinance - Second Reading and Public Hearing is Scheduled for July 2, 1991 Ordinance No. 91-19, "repealing Ordinance Number 89-47 which established a Fire Impact Fee; enacting a new Fire Impact Fee; adopting a fee schedule; providing for time of payment; providing definitions; providing for an annual review; providing for credits; providing for exemptions; providing for vested rights determintation; providing for a trust fund; providing for a penalty; providing for severability; providing an effective date." was presented by title for the first reading. Mayor Pro Tem Johnson announced that the second reading and public hearing will be July 2, 1991. '-' Page 4 Ocoee City Commission Regular Meeting June 18, 1991 Replacement for John Linebarier - Resignation from P , Z Commission and Code Enforcement Board effective July 1, 1991 Mayor Pro Tem Johnson pulled this item from the agenda and asked that it be brought back before Commission on July 16, 1991. Commissioner Woodson requested that a letter of appreciation for Mr. Linebarier's fifteen years of service on the boards be sent. Clark Road Update - Presentation by PEC City Engineer Shira said that the estimate for the total construction cost of Clark Road was made last year with no experience and that it appears that the cost will be 10% less than anticipated. After '-' distributing charts showing comparison of estimated engineering, construction, and right-of-way acquisition costs between the Engineering Report dated August 1990 and the Latest Cost Estimate dated May 1991, Mr. Bob Campbell, PEC, reported that the construction plans for Sections A, B, and C are being reviewed, that the three plans will be merged into one plan and ready to advertise for bids by June 28. The driveway, drainage connection, stormwater, and other permits are being reviewed by the appropriate agencies and are on schedule. Mr. Campbell went over the schedule for advertising and noted that the bid opening will be July 22. In reviewing the total anticipated cost for the project, Mr. Campbell said that the right-of-way acquisitions appear to be coming in at considerably less than estimated, causing the total cost of the project to be reduced by $680,000. City Attorney Rosenthal said that most of the appraisals are in on the rights-of-way, that there are several offers pending, and the actual total right-of-way cost may not be as high as estimated. The July 16 date for the consideration of eminent domain resolutions may be pushed into August because the appraisals have been late coming in, but this will not adversely affect the time schedule. STAFF REPORTS City Attorney Rosenthal advised that Maguire Road Corporation is suing and asked that Commissioners give the papers to City Clerk when they are served. ....... COMMENTS FROM COMMISSIONERS Commissioner Woodson: 1) Asked if Bell South got a permit for the tower behind Scotty's and was advised that they got it a long time ago. 2) Said that the trailer courts need to be cleaned up and that skirts should be required. 3) Advised that "Doc." Ed Pounds wishes to have his water service changed over to the new line. 4) Reported the railroad crossings are bad again. 5) Reported that some Robert's Rise residents are pushing grass clippings into the sewer drain. 6) Announced that a World War II Memorial Fund Raiser (dance/BBQ) will be held on July 19 in the Community Center. 7) Reported that he has received a letter regarding enclaves and City Manager Shapiro explained. '-' Page 5 Ocoee City Commission Regular Keeting June 18, 1991 Commissioner Foster: 1) Noted that everything ran smoothly in the Mayor's absence. 2) Asked who is Mayor Pro Tern Tern when Mayor and Mayor Pro Tern are away. 3) Commended Staff and PEC for reduced price on Clark Road. Kayor Pro Tem Johnson said he has had a bad day. ADJOURNKENT Meeting adjourned at 8:40 p.m. '-" '-'