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HomeMy WebLinkAbout09-17-91 '-' '-" ~ KINUTES OF THE oeOEE BOARD OF CITY COMKISSIONERS REGULAR KEETING HELD SEPTEKBER 17, 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. Mayor Dabbs led in prayer and the 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, Adiministrative Services Director Beamer, City Engineer/Utilities Director Shira, Planning Director Behrens, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PRoeLAMATIONS City Manager Shapiro explained the Innovative Idea Committee's recommendation for an award to Water Technician I Jimmy Butler. The proposed award was 10% of the $7,906.69 recovered by the City in the correction of an error in the reading of large water meters over a period of three years. Commissioner Foster, seconded by Commissioner Combs, moved to award $790.69 to Jimmy Butler for the saving to the City in correcting the reading of large meters. Mr. Butler was present to accept the award, and Mayor Dabbs presented him with a large facsimile check, saying that the real check was for Mrs. Butler, who was watching on TV. CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, F, G, H, I, and J. Commissioner Woodson asked that items F and G be discussed and said that he would be reluctant to approve over-runs on Clark Road so early in the project. City Manager Shapiro explained that the changes were ours and D.O.T.'s calling for additional work and also that this is the end of the design phase of the project. Commissioner Foster asked if item B would not be granting a variance in advance. City Attorney Rosenthal explained that if Mrs. Worsham were coming in to develop her property she would be using the retention area as part of her overall area to be considered in density and it would be unfair to penalize her as a result of her donation of that portion to the City. Mrs. Worsham still must observe all setback requirements. With these explanations the consent agenda was left intact. A. Acceptance and Approval of Minutes of Regular Commission Meeting of September 3, 1991 B. Approval and Authorization to Execute Tri-Party Aareement between John H. Worsham, Jr. and Mary G. Worsham, his wife, and Clara Belle Worsham and City of Ocoee (Clark Road) C. Approval and Authorization to Execute Amendment No. 2 to Development Agreement (SprinaLake) between BML Investments, PRN Investments, J.D. Feinstein, as Trustee of the Robert William Feinstein Trust, the Shari Lynn Feinstein Trust_and the Leslie Ann Feinstein Trust, and City of Ocoee (Clark Road) D. Approval_and Authorization to Execute Drainage and Access Easement Agreement and Non-Exclusive Temporary Construction Easement Aareement between BML_ Investments and City of Ocoee (Clark Road) E. Approval and Authorization to Execute Quit-Claim Deed from the City of Ocoee to Orange Bank for Wynstone Park Subdivision (correction of leaal description) ~ Page 2 Ocoee City co..ission Regular Keeting Septeaber 17, 1991 F. Approval and Authorization to Pay Additional Design Fees Totalling $16,500 to GAl-Southeast, Inc. for Services Rendered DurinQ' the DesiQ'n of Clark Road in Addition to Services Contemplated in the Original Contract Amounts G. Approval and Authorization to Pay Additional Design Fees Totalling $7,446 to Greiner, Inc. for Services Rendered During the Design of Clark Road in Addition to Services Contemplated in the Original Contract Amounts H. Approval and Authorization to Execute Windermere Fire Protection Agreement for 3 Year Period Beginning October 1, 1991 I. Appointment of Mr. Milton West as Fifth Member of Board of Trustees for Both the General Employees' Retirement Trust Fund and the Police Officers' and Firefighters' Retirement Trust Fund J. Approval and Authorization to Execute Mutual Aid Agreement with Winter Garden Commissioner Woodson, seconded by Commissioner Foster, moved to approve the proposed consent agenda as presented. Motion carried with unanimous vote in favor. KAYOR DABBS ADOUlfCED THAT THE PUBLIC HEARING ITEKS WERE LISTED IR REVERSE ORDER OR THE AGERDA, 1. E., THE SECOND READINGS OF THE ORDINANCES WILL BE BEARD BEFORE THE PRELIKINARY SUBDIVISION PLANS ARE PRESENTED FOR CONSIDERATION ~ COKKENTS FROK CITIZERS/PUBLIC Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, spoke about several subjects, one of which was that he preferred to have agenda items brought up one at a time rather than lumped together on the consent agenda. Mr. Mohnacky stated also that he felt that citizens owning the land adjacent to drainage problems fixed by the City should bear the cost of the correction. PUBLIC HEARINGS Second Reading of Ordinances Ordinance Ro. 91-23, Case '1-2AR-91:Goodaan Annexation "An ordinance of the City of Ocoee, Florida annexing into the corporate limits of the City of Ocoee, Florida, certain real property located at the southeast corner of State Road 50 and Old Winter Garden Road, 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 conflicts; providing for an effective date." was presented by title only for the second reading and public hearing. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Foster, seconded by Commissioner Woodson, moved to adopt Ordinance No. 91-23 annexing the property described in Case j1-2AR-91:Goodman. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. ~ Ordinance Ro. 91-24, Case '1-2AR-91:Goodaan Rezone "An ordinance of the City of Ocoee, Florida changing the zoning classification from Orange County A-l, Agricultural to "C-2, Community Commercial District" on certain real property located at the southeast corner of State Road 50 and Old Winter Garden Road as petitioned by the property owners; providing for and '-' ~ '-' Page 3 Ocoee City Coaaission Regular Keeting Septeaber 17, 1991 authorizing the revision of the Official City Zoning Map; repealing inconsistent ordinances; 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 requested zoning is consistent with the Ocoee Comprehensive Plan and the County Plan as well. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Combs remarked that he wishes to have the zoning rules changed to require a special exception for filling stations rather than a permitted use in any zoning. Commissioner Johnson, seconded by Mayor Dabbs, moved to find the requested zoning consistent with the Ocoee Comprehensive Plan and to adopt Ordinance No. 91-24 rezoning the property described in Case No. 1-2AR-91:Goodman to C-2, Community Commercial District as requested by the petitioner. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 91-25, Case '1-6R-91:NJB Feinstein Rezone "An ordinance of the City of Ocoee, Florida rezoning certain lands located in the City of Ocoee by changing the zoning classification from 'R-3, Multiple- Family Dwelling District' and 'A-l, General Agricultural District' to 'R-1, Single Family Dwelling District' on certain real property located on the east side of Adair Street and 150 feet south of Nicole Boulevard, 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 only for the second reading and public hearing. City Manager explained that this parcel is near Sorenson Field on Adair Street and staff recommends approval of the petition to rezone so that the parcel will be consistent with neighborhood zoning, and also that the request is consistent with Ocoee Comprehensive Plan. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Johnson pointed out that development in that area was stopped some time ago because of springs. City Engineer Shira said that they have a St. John's permit already and there will be no increased run-off as there will be an engineer on hand to give direction if under-drains are needed. There was discussion regarding a wall to cut down on access to the park. Commissioner Foster noted that this was originally presented as affordable housing and he wanted to be sure that was remembered when the development started. Commissioner Woodson, seconded by Commissioner Combs, moved to find that the requested rezoning is consistent with the Ocoee Comprehensive Plan, and to adopt Ordinance No. 91-25 rezoning the property described in Case No. 1-6R-91:NJB Feinstein to "R-l, Single-Family Dwelling District" as requested by the petitioner. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. preliainary Subdivision Plans Goodaan Coaaercial Park Planning Director Behrens gave the staff report on the Goodman Commercial Park Preliminary Subdivision Plans, a 17.3 acre subject parcel located at the southeast corner of State Road 50 and Old Winter Garden Road. Mr. Behrens reported that staff recommends approval of the plans with no other conditions of approval, as the traffic engineers have reviewed the plan and it is within D.O.T. guidelines and will provide safe access to State Road 50. However, '-' Page 4 Ocoee City Coaaission Regular Keeting September 17, 1991 ~ Planning and Zoning Commission recommends approval subject to the traffic onto State Road 50 being limited to making right hand turns only, and that there be no curb cuts onto Old Winter Garden Road or State Road 50 other than the access road. The public hearing was opened. Mr. Charlie True, McIntosh Associates, Inc., 2200 Park Ave. N, Winter Park, said that they have obtained a permit from D.O.T. to provide left and right turns, and, as from the center line of their proposed street to the center line of the intersection is 420 feet, they can provide a left turn stacking lane that will not interfere with the left turn stacking lane turning onto Old Winter Garden Road. Mr. Mohnacky asked some questions for clarification. In response to Commissioner Foster I s question regarding the traffic provisions for safety as to urban vs. rural designation, Planning Director Behrens advised that six engineers had reviewed the plan and the matter of turning lanes had been given much consideration. All the engineers had agreed that the turns in the plan were acceptable. Commissioner Johnson objected to any curb cuts other than the one into the development, and he said that the access road should be placed farther away from the intersection as any egress/ingress on State Road 50 would be difficult to control and dangerous. Further discussion revealed that an access road could not be placed further away from the intersection due to the sensitive environment. Commissioner Woodson and Commissioner Combs supported right turns only. Commissioner Combs moved, seconded by Commissioner Woodson, to accept the recommendation of the Planning and Zoning Commission, approving the plan subject to the traffic onto State Road 50 being limited to making right hand turns only, and that there be no curb cuts onto Old Winter Garden Road or State Road 50 other than the access road. On roll call Commissioner Combs voted "aye," Commissioner Foster "no," Commissioner Johnson "no," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried with 3-2 vote in favor. ~ Twin Lake Forest Addition Planning Director Behrens presented the staff report on Twin Lake Forest Addition Preliminary Subdivision Plans, which is a 10+ acre tract, containing 37 single family homes, located approximately 1/4 mile north of Wurst Road and east of Adair Street across from Vignetti Park. The developer requests waiver of the subdivision requirement to limit street lengths to 1,000 feet between intersections. Mr. Behrens explained that there is a long undulating street with two entrances into the subdivision and an intersection at the first available point. Complying with the 1,000 foot subdivision requirement is impossible due to the configuration of the land as it is an infill project. City Manager Shapiro said that a lot of attention was paid to drainage to make sure there were no problems. The public hearing was opened. Mr. Mohnacky said that wall maps used to be provided for the public and he asked that the practice be resumed. As no one else wished to speak the public hearing was closed. There was discussion regarding using a berm or something else to provide protection for the north side of the Sorenson Park fence. City Manager said that the fence had been put up in heavy scrub and in some spots was on developer property. Developer has stated for the record that they will put the five foot concave area they want and will move the fence at their cost. Mr. Charlie True, McIntosh Associates, Inc., suggested a viburnum hedge for the protection rather than a berm to conserve land space. Commissioner Johnson, seconded by Mayor Dabbs, moved to approve the preliminary subdivision plan with the requested waiver for street length providing also that the developer pay to put in a sprinkler system and a hardy '-' Page 5 Ocoee City Coaaission Regular Session September 17, 1991 hedge on the City side of the fence to City specifications. Commissioner Woodson objected to having the hedge on City property. On 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. OTHER BUSINESS EKERGElfCY ITEK Mayor Dabbs announced that an emergency item concerning an amendaent to the F.D.O.T. Kaintenance Agreeaent Contract No. B-4828 has been presented and that, as the City will not receive the funds involved until the amendment is executed, it is appropriate to consider the amendment at this time. The amendment requires that proper documentation be made to support payments received. Commissioner Johnson, seconded by Commissioner Combs, moved to approve and authorize execution of the amendment. Motion carried with unanimous vote in favor. STAFF REPORTS - none COKKENTS FROK COKKISSIONERS Coaaissioner Johnson: 1) Wanted Clark Road groundbreaking November 1 at 5:00 p.m. but after discussion it was decided to hold the ceremony on November 13 at 10:00 a.m. ~ instead. 2) Announced golf tournament benefitting Jean Calvert Liver Transplant Fund October 7 at the Green Valley Country Club at 1:00 p.m. 3) Reported that the mailing address for Ocoee Municipal Golf Course will be Apopka. Coaaissioner Woodson: 1) Thanked Public Works Director Brenner for quick response on street signs and said that now one is needed at the McKey/Lakeview Avenue intersection. 2) Reported the pile of furniture on Silver Star Road is still there. 3) Wants Clark Road renamed Ocoee Boulevard. A straw vote was 4-1 against. 4) Reported YMCA Golf Tournament October 4 at Windermere Club. 5) Reported Fun Day Fund Raiser on October 5 from 9:00 a.m. to 3:00 p.m. '-" Coaaissioner Combs: 1) Reported that former Commissioner Robert Lyles' mother died this week. 2) Asked Planning Director Behrens about the Centex wall...wrought iron and brick. 3) Reported that Kiwanis will give a sizeable check to the Calvert Liver Transplant Fund. 4) Advised that he will be on vacation the week of October 15. 5) Wants to pursue having filling stations as special exceptions in particular zoning. 6) Reported that he has asked for 6-month review of Sanitation Department and he thinks that non-profit organizations should do fund raisers instead of coming to Commission for money. 7) Complimented staff for the good job on the budget. '-- '-" '-" Page 6 Ocoee City Coaaission Regular Keeting Septeaber 17, 1991 Coaaissioner Foster: 1) Wants to invite Postmaster General to Ocoee to review our problem. 2) Reported dead trees and brush on southeast corner of Flewelling and Orange 3) Asked that briefings for Commissioners be scheduled. City Manager advised that he would be available at Commissioners convenience for briefings. 4) Said that he supports keeping the name of Clark Road as it is. Kayor Dabbs: 1) Mentioned memo dated the 12th from City Manager Shapiro regarding Fun Day, Memorial Day, and community spirit. ADJOURlfKEJfT Meeting adjourned at 9:53 p.m.