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HomeMy WebLinkAbout05-05-92 '-- MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR MEETING HELD May 5, 1992 The regular meeting of the City of Ocoee Board of Commissioners was called to order by Mayor Dabbs at 7:30 p.m. i.n the commission chambers. Following a prayer by Commissioner Foster 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, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Planning Director Behrens, Public Works Director Brenner, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Project Graduation Mrs. Melva Sevig, 2033 Stillwood Place, Windermere, explained that West Orange High School and Dr. Phillips High School are joining together to take part in a national project to keep graduates in a safe - no driving- situation on graduation night by offering to the seniors a drug and alcohol free party as an alternative. Mrs. Sevig said that help in any form would be welcome and she asked for financial assistance in particular. Consensus was that the City funds should not be involved but the Commissioners wished to personally support the project so they each made a donation to Mrs. Sevig. From the audience, Mr. Gerry Kirk and Dr. Bob Ferdinand also contributed. Mayor Dabbs said that he would donate 2 male and 2 female City of Ocoee watches to be used as door prizes. '-'" Commissioner Woodson challenged any organization to match the Lions Club donation of $300. Proclamation - NATIONAL DAY OF PRAYER - May 7, 1992 Mayor Dabbs read a proclamation proclaiming the National Day of Prayer on May 7 in the City of Ocoee. CONSENT AGENDA The proposed consent agenda consisted of items At B, C, D, and E. Commissioner Woodson asked that item ~ be explained. Chief Boyd said that one of the new concepts in law enforcement is to do away with the shotguns in favor of a more controlled weapon and his choice is to use rifles. After a brief discussion commissioner Woodson said that he has a problem with the use of rifles but will not vote against it. ~ A. ~~_<;:eptC!nce_~n_<!_ _bjl.Q~_()yal of.Jti.nutes __.9_.L!t~fD!la~__(o_m.I!liss ig!! l'1.e~J.ing_gJ ~ril ~lL.199~. B. ~llr_().v:~l_ ____~!1d_~l,llh.()rjz~tt()z:L0_i:'i.~cu t~__Wi t;MI~=~~_g.\!!:r_~.!I~'Us~.__ i.:()rlt Q!"de.!:_.!()..__~ol}? truction ~OCU)ll.en tE...=__Phase_ .J !_Jo!:._X~_i!ding.~nd P.!:()!_OS Lin.l!1_e_.C!.lT!olln t __gL_~L8.QQ. C. ~!:oval and Aut.hQrization~~J;xecut~_GIS..~ont.!:ac_t-.to:L Contin!lin..Q" So!l-,,_C!!"_~._S_\lPP()! tJOl".()1,l~__ G I .s_..s~t~_1T! . D. ,A..1>j)1:QY_a..l._~d._p.1.LthQ.J;'_izationlgr.. the_Use_ oU900 of Law Enfo!"cement 'l'r\!.?t FUI1~ _ _ {!()!"f~_!!:_~(t_I!l()l!~yL_ :t()!'_..s~eci<liiz~~_1:r_ai_I1!!!SL Claf!f! _ in [:i. r e_C!rlIl.p___fg!"_~ _.~ol i ~~__~_~rsonne 1 . E. h.P.l2.ro.YA1_a....l!g.A\!.th.Q..rt~at iQJL_to__...IDc.~cu_tt=_ C:Q.Ilt r_a..ctJli tlL__Sunsl!iIl~ Buj:lding._~I1g_J>~!..el()..PJ!l.e.!!t C()!:p"()~atio..I1..iJl th~.amount of ~45Q_Jgr. .~ta..!!h()Jf!_!i~p!~C:f!m~Ilt:u-. _ J~ssica_ke.a.. J.an~. ....... Page 2 Ocoee City Commission Minutes May 5, 1992 Commissioner Woodson, seconded by Commissioner Combs, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. COMMENTS FROM CITIZENS/PUBLIC Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, expressed his feelings regarding Planned Use Developments. PUBLIC HEARINGS - Second Readings of Ordinances Ordinance No. 92-08, rezoning from U to PUD and revlslng Land Use Plan for 5 acres of Plantation Grove PUD, Case No. 1-2R-92:ROEDER. (Continued from April 21, 1992). Mayor Dabbs reopened the public hearing on Ordinance No. 92-08 that was continued from April 21, 1992 and explained that staff had been directed to resolve the issues and verbiage which were agreed to in essence at that meeting. City Attorney Rosenthal read the ti tie again: "An ordinance of the City of Ocoee, Florida rezoning certain lands located in the City of Ocoee by changing the zoning classification from U, Unclassified to PUD, Planned Unit Development District on certain real property located on the southeast corner of Maguire and Moore Roads as petitioned by the property owners; approving a Revised Land Use Plan for Plantation Grove PUD; providing for and authorizing the revision of the official City Zoning Map; repealing inconsistent ordinances; providing for \.....- severability; providing an effective date." Planning Director Behrens reviewed the issues that had been resolved: 1) All revisions recommended by the Staff and the Planning and Zoning Commission have been incorporated into the Revised Land Use Plan (RLUP), except for the P&Z recommendation which would have allowed for a limited number of 500 square foot multi-family units. 2) The minimum net living floor area for the multi-family unit is 750 square feet on the RLUP. The Developer has withdrawn its request for a waiver to allow smaller units. 3) Condition of Approval No. 23 has been added with respect to recreational park impact fees. This Condition of Approval documents that previous actions of the Developer have satisfied all requirements for the contribution of additional park land for either private or public purposes. The Developer will pay all applicable recreational park impact fees in accordance with the Ocoee City Code. 4) Condition of Approval No. 24 has been added which sets forth the typical single family lot setbacks. This Condition of Approval is consistent with prior discussions between the Staff and the Developer. 5) A Typical Internal Street Section has been added for the internal private roadways. The Ci ty Engineer has reviewed and approved this street section. This is similar to the approvals previously granted to Arvida. ~ '-- Page 3 Ocoee City Commission Minutes May 5, 1992 6) The Additional Conditions of Approval with respect to Residential Tracts B, C, and D have been revised as follows: a) Minimum net lot sizes have been reduced from 6,800 square feet to 6,000 square feet. b) Minimum net living floor area has been reduced from 1,600 square feet to 1,200 square feet. 7) Residential Tract E is not owned by the applicant. Accordingly, no changes are being made which wi 1.1 impact residential Tract E. The Additional Conditions of Approval have been revisecl so that all data related to Residential Tract E remains unchanged from the existing approval. 8) The Developer has requested an additional waIver as follows: "Minimal Building Setback on Maguire Road of 40 feet in lieu of 50 feet." This is consistent with prior discussions between the City Staff and the Developer and is being documented as a waiver in order to prevent any future confusion. 9) The RLUP now indicates separate entrances off of Moore Road for multi- family Tract A and single family Tract D. \." 10} No changes have been made to the Phasing Plan set forth on Sheet 2 of the RLUP. Mr. Behrens said that, in light of the changes voluntarily made by the Developer, the Staff recommends approval of Ordinance No. 92-08. Mr. R. P. Mohnacky asked for information regarding square footage of lots, houses and zoning. Dr. Bob Ferdinand, 2001 Mercy Drive, Orlando, responded to Mr. Mohnacky that everything in the plan was within City Code. Dr. Ferdinand said that he had a very productive meeting with staff and he complimented staff. He said that all the issues had been resolved and he stated for the record that the amended Revised Land Use Plan presented to the City dated January 21, 1992 and amended through April 28, 1992 is the plan he is requesting the City adopt. ~ Mr. Jerry F. Kirk, 527 7th Avenue, Gotha, stated for the record: j) The public hearing opened on April 22 at 12:14 a.m. rather than April 21 at 7:30 p.m. as advertised. 2} The rev_sed plan presented was not completed and stamped until April 28 which is not two weeks prior to this public hearing and the law requires two weeks notice for a public hearing. 3} The 10' easement on his property has not been addressed adequately. He has not voluntarily agreed to an annexation into the City. Mr. Kirk said he has talked to three attorneys who are in agreement with his position, and that he does not wish to get into a skirmish with the city regarding this. '-' Page 4 Ocoee City commission Minutes Kay 5, 1992 4) He has a $375,000 property (recently appraised by the Expressway Authority) and this action will destroy the property value. 5) There was no notification by mail about this public hearing. 6) When the projects along Maguire Road cause a volume of traffic necessitating four-Ianing the overpass, the cost will be approximately $6,000,000 and the citizens of Ocoee will have to pay for it. Mr. Kirk thanked Commission for their time and said he hoped this can be resolved before having to go to court. Mayor Dabbs responded to some of Mr. Kirk's remarks, and said the public hearing did indeed begin after midnight but there is legal precedent in that matter. The advertised time was 7:30 p.m., or as soon thereafter as possible, and he did get to it as soon as possible. City Attorney Rosenthal said that this is a continuation of a properly advertised public hearing and that, as the motion for the continuation was made and announced at the close of the advertised public hearing, there is no requirement for additional advertising. In connection with the plan dated April 28, that plan is something which technically is not on the table right now, it is what was at the last meeting which is before Commission and if Commission chooses to move the ordinance and then move the plan from an amendment process, that is how it ~ should be brought to the table. The public hearing was closed. Commissioner Woodson pointed out a typo in the letter from Planning Director Behrens, on page 2, paragraph B-Land Use Plan, the date November 22, 19~8 should be 1918. Mr. Behrens said that he had read the correct date when he read the report. Commissioner Foster said that on page 3, item B 2 should read"... .tncrease by 30..." rather than"... ~crease by 30...". Mr. Behrens said that he had read the correct word when presenting the report. Commissioner Johnson, seconded by Commissioner Foster, moved to approve Ordinance No. 92-08. Commissioner Woodson, seconded by Commissioner Combs, moved that Section 3 of Ordinance No. 92-08 be revised and amended to read as follows, "The following Revised Land Use Plan is hereby approved, subject to the Conditions of Approval set forth therein and further subj ect to a development agreement incorporating all plans and conditions of approval by reference: That certain Revised Land Use Plan for Plantation Grove PUD, dated January 21, 1992 as revised through April 28, 1992 as prepared by C.C.L. Consultants, Inc. under Project No.. 7197, a copy of which is attached hereto as Exhibit "B" and by this reference made a part hereof; and also that Section 4 be revised to insert the phrase "as revised through April 28, 1992" after the reference to the Revised Land Use Plan. On roll call for the amendment Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. On roll call for Ordinance No. 92-08 as amended Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. '-' '- Page 5 Ocoee City Commission Minutes May 5, 1992 Second Developer Agreement for Plantation Grove PUD/Maguire Road Corporation. City Attorney Rosenthal explained that there is an existing development agreement with Maguire Road Corporation regarding Plantation Grove PUD and this proposed agreement changes those provisions which relate to the Land Use Plan by taking the Condi tions of Approval in Ordinance 92-08 and placing them in a second development agreement which will be recorded. Mr. Rosenthal pointed out that this does not affect Plantation Grove West. Commissioner Woodson, seconded by Commissioner Combs, moved to approve the second development agreement between Maguire Road Corporation and the City of Ocoee, authorizing execution thereof by the Mayor and City Clerk. Motion carried with unanimous vote in favor. ~ Ordinance No. 92-10, Case No. 1-A-92:WINTER GARDEN, relating to annexation of Winter Garden Sprayfield, "annexing into the corporate limits of the City of Ocoee, Florida, certain real property located on the east side of Apopka-Ocoee Road, 3/4 mile north of Fullers Cross 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 for the second reading and public hearing. City Manager Shapiro explained that this is the Winter Garden sprayfield and nothing will be changed about its use or function, that the annexation of this parcel will avoid the creation of a possible enclave when in the future surrounding areas are annexed. Planning Director Behrens pointed out the location on the map. The public hearing was opened and, no one wishing to speak, the hearing was closed. Mayor Dabbs said he had visited this issue with Mayor Quesinberry and City Manager Creech of Winter Garden and they were amenable and cooperative. Commissioner Johnson, seconded by Commissioner Foster, moved to adopt Ordinance No. 92-10 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. 92-11, Case No. 1-4A-92:WOODSON, relating to annexation of Woodson Property, "annexing into the corporate limits of the City of Ocoee, Florida, certain real property located at the southeast corner of Woodson Avenue and Center Street, 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 for the second reading and public hearing Com.missione.L Woodson stated that.-h~_ has a conflic~ of inteJ:'est as owner of th~ ~r_Q~.r1Y_ and_~J:.Lab~tai!L_t~_Q!!l___'y_otinJl.. Commissioner Woodson also advised that Woodson Street was named for Woodson Boggins and not himself I as some might believe. The public hearing was opened, and no one wishing to speak, the hearing was closed. Mayor Dabbs, seconded by Commissioner Combs, moved to adopt Ordinance No. 92-11 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," and Mayor Dabbs "aye." Motion carried. Commissioner Woodson abstained. ....... Ordinance No. 92-12, relating to districting boundaries, "creating the initial geographic boundaries for single member City Commission Districts; providing for representation of districts; providing for district residency requirements; Page 6 ~ Ocoee City Commission Minutes :Kay 5, 1992 providing for notice to the Supervisor of Elections; providing for severability~ providing for codification~ providing an effective date." was presented by title for the second reading and public hearing. City Manager Shapiro explained that this ordinance delineates the boundaries for single member districting as required by the City Charter adopted in 1988. The public hearing was opened, and no one wishing to speak, the hearing was closed.Commissioner Combs, seconded by Commissioenr Woodson, moved to enact Ordinance No. 92-12 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. OTHER BUSINESS Cablevision Rate Increase - J. W. Taylor Mr. J.W. Taylor, Manager of Cablevision Industries, Inc., explained that the new rate increase was necessary because of the new program channels they are carrying. In response to questions from the Commission, Mr. Taylor said that Channel 39 will give the program schedule, that they are working on "Bravo," and that they charge for extra connections because FCC requires that they control leakage. It was acknowledged that the quality of service in one part of town was very poor and they are still working on reception in that area. Commissioner Johnson pointed out that as a local business Cablevision staff should be more involved in community functions. ~ Resolution No. 92-07, "relating to Citizen Advisory Council~ amending Exhibit A of Resolution 91-09; permitting members of the Citizens Advisory council to ride along as observers in Police Department Vehicles; providing severability~ providing an effective date." was presented by title. City Manager Shapiro explained that the question regarding insurance coverage for council members riding in the police vehicles has been cleared up and that the adoption of this resolution is recommended. Commissioner Foster, seconded by Commissioner Johnson, moved to adopt Resolution No. 92-07 as presented. Motion carried with unanimous vote in favor. Discussion on Voter Control of City Taxes. City:Kanager Shapiro explained that the Florida League of Cities had asked that this topic be considered and after a brief discussion, consensus was that this will bring government right to the people and adoption of the resolution was in order. Both Mayor Dabbs and Commissioner Foster noted that this is a very controversial matter. Resolution No. 92-08, relating to Voter Control of City Taxes. Commissioner Johnson, seconded by Mayor Dabbs, moved to adopt Resolution No. n-08, supporting a state constitutional amendment which provides for voter control of City taxes. Motion carried with unanimous vote in favor. The resolution will be sent to the Florida League of Cities and members of the legislative delegation. '-' RECESS FROM 8:48 TO 9:10 p.m. During this recess the Ocoee Rent-a-Choir sang "Happy Birthday" to City Manager Shapiro. ~ Page 7 Ocoee City Commission Minutes May 5, 1992 BUDGET REVIEW - Revenue/Expenditure to Date. Quarterly Review - Second Quarter. Administrative Services Director Beamer gave an overview of the Quarterly Review for the second quarter and there was a brief discussion comparing the number of building permits. Blue Ribbon General Fund Budget Review Committee Recommendations. Mayor Dabbs acknowledged the Blue Ribbon Committee: Mrs. Kelly Chambers, Vice President of Orange Bank; Mr. Louis Landefeld, Retired Martin Marietta Executive; Mr. Marvin Sanders, President of Sanders Roofing Company; Mr. Mickey Shiver, City Manager of Reedy Creek; Mr. Paul Lewis, District Manager, Florida Power Corporation; Mrs. Rose Benoit, Branch Manager, Barnett Bank; Mr. Dan Petro, Co- Owner Amber Electric Company. Mayor Dabbs said he is deeply indebted to these people for their dedication and their contribution to this project. Administrative Services Director Beamer reported that the Blue Ribbon General Fund Budget Review Committee met four times and, after reviewing many budget documents (which are now on file in the Ci ty Clerk's office), had made the following recommendations: 1) That the Over 65 Program be phased out over a period of years, to not allow any more participants after a date certain for elegibility of April, 1993, and to phase out the Over 65 Program by reduction of this benefit of 20% each year over a 5 year period, and that this be placed on the November ballot as a Referendum. ..... 2) That the Mayor and City Commisisoners' Health & Life Insurance (Budget line items 001-511-2300 and 001-511-2301) be terminated, including dental and vision benefits, and that the Mayor/Commissioner Fund (Budget line item 001-511-4001) be definitive as to what the money can be spent on. 3) That the rental fees for the Community Center be reviewed and that based upon a Staff study performed, the fees be restructured to offset the cost of maintenance, the cost of electricity and other operating costs, and the cost of capital outlay for upkeep, and that the use of the facility should be reviewed to specify functions and/or groups that would not be charged. 4) That the April 9, 1992, Recommended Budget Changes and the Recommended Revenue Changes as documented by Montye Beamer and Staff concerning the current budget be accepted by the Mayor and Commissioners. Ms. Beamer commended the Committee for their diligence and patience in their efforts to strengthen the general fund; and said that she will be bringing a report on item number 3. City Manager Shapiro pointed out that the budget presentment does not include any of those recommendations, but only line items that can be addressed. '--' Mayor Dabbs asked for comments from the audience. '-" Page 8 Ocoee City Commission Minutes May 5, 1992 Mrs. Edna White asked if the Over 65 Program would be changed this year, and Mayor Dabbs responded that there will be no change this fiscal year. Mr. Mickey Shiver said that he appreciated the opportunity to serve on this committee. Mr. Paul Lewis expressed his appreciation for the opportunity to serve also and he commended Ms. Beamer for the clarity of the documents presented to the committee as he was aware of the complexity of the material they represented. First Reading of Ordinance No. 92-13, "relating to the City Budget; amending the City Budget adopted by Resolution No. 91-19 for the fiscal year beginning October 1, 1991 and ending September 30, 1992 by providing for reduction of appropriations and redesignation of capital purchases; providing for severability; providing an effective date." was presented by title for the first reading. Second Reading and Public Hearing are scheduled for May 19, 1992. City Manager Shapiro asked for input regarding any of the recommendations made or for changes in the line items as presented. Mayor Dabbs commended Staff for the quality of the presentation and asked for comments from the public on the contents of the reports and recommendations. ~ There were no comments from the public made at this time. STAFF REPORTS There were no Staff reports at this time. COMMENTS FROM COMMISSIONERS Combs: 1) Thanked Shira for water control during problem this morning. 2) Cannot attend Law Enforcement Day Memorial Ceremony May 8 at 10:00 a.m. Shapiro said he will get someone to attend as all Commissioners are otherwise committed that day. Woodson: ~--._._-,~-~- 1) Advised that Mrs. Reed still has problems with water running on her property because of the wall built. Shapiro said he will get a report-that the wall may not be the problem. 2) Complimented Shira for the way he handles projects within the budgeted amount. 3) Asked about the Tiger Minor Memorial sign at the Fire Department. Shapiro advised that the replacement will be included in the new complex design. 4) Reported on the new Coalition of the Homeless Facility. Foster: ._..,----_.~_._- No comments at this time. ~ '-" Page 9 Ocoee City Commission Minutes Kay 5, 1992 Js:>h!1_son. : 1) Announced Police Department notice to call 656-1313 or 656-1096 for service. 2) Reported Mrs. Walewski called during the cablevision discussion to say her reception is good...His reception still is not good in his area. 3) Announced Senior Safety Seminar May 7 at 6:15 p.m. at community center. Dabbs: 1) Announced that the public is invited to attend the session on recycling/mulching/garbage collection to be held May 12 at 6 p.m. at the community center. 2) Said how much he appreciates living in a community where citizens are willing to give their time to get involved in government. 3) Announced golf tournament at Windermere Country Club to benefit Health Care Foundation on May 22. ADJOURNMENT The meeting adjourned at 9:55 p.m. Attest: APPROVED: City of Ocoee ~ '-'