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HomeMy WebLinkAbout12-03-91 '-" MINUTES OF THE OCOEE BOARD OF CITY COKKISSIONERS REGULAR KEETING HELD DECEKBER 3, 1991 The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Dabbs at 7:35 p.m. in the commission chambers. Commissioner Foster 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, Assistant City Attorney Duke Woodson, Planning Director Behrens, Public Works Director Brenner, and Building Official Flippen. ABSENT: None PRESENTATIONS AND PROCLAMATIONS: None "" CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, and E. A. Acceptance and Approval of Minutes: 1. Regular Commission Meeting of November 19, 1991, Canvassing Board of November 19, 1991, Special Sessions of August 15 and ~~ptember 18, 1991, and Workshop Sessions of August 15 and 20, 1991 2. Old Minutes: Reaular Session of October 17, 1989; Special Session of~~tember 11, 1989; Workshop Sessions of September 11, 198~ December 5, 1989, December 19, 1989 and November 1, 1990; Joint ~pecial Session with P&Z ~f October 17, 1989; and Combined WorkshQ~ with P & Z, DRC, and Planning Department of November 17, 1990 ~~_~~oval and Authorization to Use Forfeiture Funds to Purchase Temperature Alarm for K-9 Vehicle ~_,,---~n~9val__~_!!(L~ut1lQ_rization to Use Forfeiture Funds to Paint Forfeit~A Vehicle p. Acce~nce, !~al_and Authorization to Execute Lake Olym~L~~~ Village Final Plat ~.!-___Approval and Acceptance of __~..taf( Recomm~.ndation to Chanae._Life, Insurance Coverage from Boston Mutual to Guardian Life Commissioner Woodson stated for the record that several of the Commissioners were not in office at the time the meetings were held for which minutes are to be approved (item III A 2). Commissioner Johnson moved to approve the consent agenda as presented. Commissioner Combs seconded and motion carried with unanimous vote in favor. ~ EMERGENCY ITEMS TO BE CONSIDERED APPROVAL AND AUTHORIZATION FOR KAYOR AND CITY CLERK TO EXECUTE CONTRACT NO. 92- LP-SO-06-S8-02-074 WITH DEPARTKDT OF COKKUNITY AFFAIRS FOR LAND DEVELOPKENT REGULATIONS GRANT Mayor Dabbs declared this to be an emergency item because of the necessity to return the document to the Department of Community Affairs in a timely manner in order for the State to authorize the payment of the first 25 percent of the total grant amount. Commissioner Woodson, seconded by Commissioner Foster, moved to approve Contract No. 92-LP-50-06-58--02-074 with the Department of Community Affairs for Land Development Regulations Grant in the amount of up to $18,513 and to authorize the Mayor and City Clerk to execute the contract. Motion carried with unanimous vote in favor. \..... Page 2 Ocoee City Commission Regular Meeting December 3, 1991 PARTICIPATION IN ORANGE COUNTY NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) APPLICATION (Joint application for Stormwater Drainage) City Manager Shapiro advised that he had just received the joint MS4 application information in the mail and that time was of the essence as the document must be returned to Orange County by December 11. He asked Commission to authorize staff to complete and review the application, and if found appropriate, for the Mayor to execute. Mayor Dabbs declared this to be an emergency item. Commissioner Combs, seconded by Commissioner Johnson, moved to approve participation in the joint application as requested, to authorize execution by the Mayor, and to authorize the funds from the Stormwater Utility funds. Motion carried with unanimous vote in favor. COKKENTS FROM CITIZENS/PUBLIC There were no comments at this time. '-" PUBLIC HEARINGS Second Reading of Ordinance Ordinance No. 91-31, "relating to special events; creating Chapter 34 of the City of Ocoee Code to be known as the Special Events Ordinance; providing purposes; providing definitions; providing requirements; providing exceptions; providing procedures for the permitting of special events; providing requirement for fireworks display; providing for police protection; providing for fire protection and emergency medical services; providing for standards of issuance; providing for notice of rejection; providing for appeal procedure; providing for notice; providing for duties of permittee; providing for revocation of permit; providing for indemnification; providing for state law requirements; providing for severability; providing for codification; providing an effective date." was presented by title for the second reading and public hearing. The public hearing was opened. There were no comments from citizens and the public hearing was closed. City Manager Shapiro advised that the Christmas parade was scheduled for Saturday, December 7 and as it would be too late for the permitting process, should be exempted this year. Assistant City Attorney Woodson suggested making the effective date after December 7. Commissioner Woodson expressed concern a:oc> the permitting process for the Christmas parade as the Lions Club historically has been heavily involved with running the parade for the City. City Manager Shapiro advised that the City will apply for the required state permits. Commissioner Woodson also expressed concern about the Lions Club turkey shoot and it was explained that that would not be considered a pyrotechnical display. Commissioner Foster, seconded by Commissioner Combs, moved to change the effective date of Ordinance No. 91-31 to December 8, 1991. Motion carried with unanimous vote in favor. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Ordinance No. 91-31 as amended. Motion carried with unanimous vote in favor. '-" Harbour Highlands Village, Phase II-Preliminary and Final Engineering Plans Planning Director Behrens read the staff report and advised that both the Planning and Zoning Commission and staff recommend approval. Mr. Bill Stuber, Lochrane Engineering, the developer's engineer, was present to answer questions. City Manager Shapiro distributed a letter from Pastor Larry Mininger, Lake Sherwood Presbyterian Church, requesting a curb cut along the roadway to provide '-' Page 3 Ocoee City Commission Regular Meeting Deceaber 3, 1991 access to his back door so that the elderly and infirm who attend his services can continue to do so. The staff finds this acceptable and not unusual. Mr. Stuber said that the developer is willing to do the curb cut as it would be a simple change from a two foot curb and gutter to a valley gutter section at the existing location which is presently a mulch driveway. Mr. Stuber said they have accommodated all of the driveways and must have just missed this one in the plan. Commissioner Combs raised a question regarding the use of septic tanks rather than sewer and City Manager Shapiro advised that it had been determined some time ago that where possible septic tanks would be approved in order to reserve the sewer capacity for more profitable commercial use. The public hearing was opened and, as no one wished to speak, the hearing was closed. After a brief discussion Commissioner Woodson asked if an amendment should be made to the plans regarding the curb cut discussed previously before approval and Mr. Stuber said it was a correction that needed to be made and would be made and they would have a paper trail on it. With that understanding, Commissioner Woodson, seconded by Commissioner Combs, moved to approve and accept Harbour Highlands Village, Phase II - Preliminary and Final Engineering Plans. Motion carried with unanimous vote in favor. '-"' Golf Course Lease Agreeaent with Riverbend Golf Group, Inc. City Manager Shapiro introduced Mark Extein, Foley & Lardner, Ken Hooper, PEC, and Ken Ezell, Riverbend Golf Group, who walked through the golf course agreement and a proposed amendment regarding environmental assessment. Mr. Extein said the golf course selection committee has been working with Riverbend Golf Group, Inc. preparing a lease for the construction and operation of an eighteen hole golf course and effluent disposal reuse system on a 230 acre site. The portion of the abandoned Orange Belt Railway right-of-way which runs through the premises is to be added to the premises after it is acquired by the City. Mr. Extein said that a Phase I Environmental Assessment of the Premises had been promised but was not yet available and presented a prepared amendment to be included as a part of the motion to approve the Ground Lease Agreement with Riverbend Golf Group, Inc. The amendment is as follows: "Lessor shall provide to Lessee a Phase I environmental assessment of the Premises within ten (10) days of the date of this Lease. If Lessor fails to provide to Lessee such environmental assessment by such date, Lessee's sole remedy shall be to terminate this Lease by written notice to Lessor within five (5) days after the end of such ten (10) day period. If Lessor provides Lessee with such environmental assessment within the time period described above, and if Lessee determines in good faith on the basis thereof that environmental problems make the premises unsuitable to the uses described herein, Lessee's sole remedy shall be to terminate this Lease by written notice to Lessor within five (5) days after receipt of such environmental assessment". Mr. Extein explained the terms of the lease and advised that, pursuant to Article II, Section 2 of the City Charter, it is necessary to find good cause for leasing the property for a rental below the City's estimate of the fair rental value thereof. ....... Mayor Dabbs noted a typo on page 53, third line from the bottom of the page: "...Disposal and Re-Use System at Lessee's written request during the..." should be "...at Lessor's written request...." Mr. Hooper advised that the effluent disposal permit has been applied for and the first set of comments have come back, also the stormwater permit is underway. Construction bids should be on the street in January. '-' Page 4 Ocoee City Commission Regular Meeting Deceaber 3, 1991 Mr. Ezell said they are moving with due diligence and they have appreciated the staff assistance received. He said they are moving the entrance from West to Angola and should have all permits in place by March 1. The public hearing was opened. Mr. R.P. Mohnacky, 1820 prairie Lake Boulevard, expressed concern for the consequences if the company defaults. Mr. Extein explained that the lender would have to cure the default or turn over to the Ci ty. Mr. Mohnacky said that the rent is probably too low and should be negotiated yearly, and that because of the nutrients in the gray water the rentor will not need to buy fertilizer. It was explained to him that gray water is 98% clean - not full of nutrients. There were no further remarks by citizens and the public hearing was closed. '-'" Commissioner Johnson moved that pursuant to Article II, Section 2 of the Ocoee City Charter that the City Commission hereby finds specific good cause for the lease to Riverbend Golf Group, Inc. of an approximately 230 acre tract of land, including adjacent lands to be acquired by the City from BML Investments, PRN Investments, and J.D. Feinstein, for a rental below the City's estimate of the fair rental value thereof, such good cause being based upon the use of the leased premises as a public golf course facility which can also be used for effluent transmission, disposal and re-use and other factors set forth in the memorandum dated November 26, 1991 from the Director of Administrative Services and further that the City Commission approve the Ground Lease Agreement with Riverbend Golf Group, Inc., with the revisions presented by the City Attorney, and with corrections of scrivener's errors noted, and authorizing execution thereof by the Mayor and City Clerk. Motion carried with unanimous vote in favor. Mayor Dabbs said that this is the closest thing to a win-win situation he has seen in many years of public service and he thanked the negotiating teams. OTHER BUSINESS First Reading of Ordinances-Second Readings and Public Hearings are scheduled for December 17, 1991 Ordinance No. 91-32, Case No. 1-10R-91:Security First, relating to rezoning parcel located on NE corner of SR50 and Marshall Farms Road from U to C-3 This ordinance was presented by title only and the date of the second reading and public hearing was announced. Ordinance No. 91-33, relating to updating existing Fire Prevention and Protection Standards This ordinance was presented by title only and the date of the second reading and public hearing was announced. STAFF REPORTS There were no staff reports. '-' COKKEHTS FROM COKKISSIONERS Each Commissioner in turn expressed appreciation to Public Works Director Brenner for the Christmas lights. \., Page 5 Ocoee City Commission Regular Meeting Deceaber 3, 1991 Commissioner Woodson said he was glad to see the golf course settled. Commissioner Combs: 1) Wants more police officers hired and asked that this be given consideration at budget review time. 2) Announced the Christmas parade at 10:00 a.m. on Saturday, December 7. 3) Announced the Kiwanis Golf Tournament Sunday, December 8. Commissioner Foster asked about the status of the purchase of the lots next to the Woman's Club and City Manager Shapiro advised that a report will be prepared for the next regular meeting. Commissioner Johnson asked for a status report on a sidewalk that was to be on White Road at Lake Olympia Condos. ~ Mayor Dabbs: 1) Advised that he will not be present at the December 17 meeting due to a command performance at the School Board meeting. 2) Reminded all that the County will vote on redistricting on December 17. 3) Said the sentinel had contacted him regarding the City's position on changing election dates to have all Orange County municipalities vote on the same date. 4) Reported that it has been re-established that Spring Lake Elementary School is in the City. ADJOURRlIDT The meeting adjourned at 8:56 p.m. APPROVED: City of Ocoee '-'