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Home My WebLink About07-07-92 MINUTES OF THE CITY OF OCOEE BOARD OF COKKISSIONERS REGULAR MEETING HELD JULY 7, 1992 '-" The regular meeting of the City of Ocoee Board of Commissioners was order by Mayor pro tem Rusty Johnson in the commission chambers at Commissioner Woodson led in the prayer and the pledge of allegiance. was called and a quorum declared present. called to 7:30 p.m. The roll PRESENT: Mayor pro tem Johnson, Commissioners Combs, Foster, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Planning Director Behrens, Planner Janet Resnik, Public Works Director Brenner, Building Official Flippen, and Deputy Clerk Green. ABSENT: Mayor Dabbs. PRESENTATIONS AND PROCLAMATIONS - None. CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, and F. ~ Acce tance and A roval of Minutes of Re ular Commission Meetin of Ju~~~_.11_92 . B. Approval and Authori?ation for the Use of Fgrfeiture Funds for Basic CAD System. ~~_ ~oval and Acceptance of Temple Gr()ve Estates l Phase 1A Final Plat. ~ ~~oval and Authorization for Ex~nditure of $8,541.00 from Water '-" Contingency for Emerqency Roadway Work at Foxfire Subdivision due to Water Main Break. h Approval and Authorization for Expenditure of ~~,,--OO...__t().!'_ Emergency Repair of Irrigation Pump at City Garaqe. F . ~'pproval of Re<@est by De'{.eloper of Sp.rinq Lalte_J~ubdi vi.sion for. One Year Extension. City Manager Shapiro pulled item C for consideration and discussion on the regular agenda following the Public Hearings. Commissioner Woodson pulled items D and E for questions. He asked why the lowest bid was not chosen for roadway work and why the cost exceeded the bid. City Engineer Shira explained that the next lowest bidder could do the work the next day, the lowest bidder could not do it for six days, and the work was declared an emergency by the City Manager. Mr. Shira explained that the cost exceeded the bid because the damage was greater than had been anticipated before excavation of the hole. Commissioner Woodson did not question item E and agreed for items D and E to remain on the consent agenda. Commissioner Combs seconded b Commissioner Foster, moved to a rove the consent agenda as presented with the exception of item C. Motion carried with unanimous vote in favor. (Action taken on item C is reported on page 3). COKKENTS FROM CITIZENS/PUBLIC Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, suggested recycling of tires by returning them to tire retailers who would accept them. He asked if there was a way to get out of ocoee' s recycling agreement with Orange County. Mr. Shapiro responded that we have not found a legal way out of it. ........ '- Page 2 Ocoee City Commission Regular Meeting July 7, 1992 PUBLIC HEARINGS Second Reading: Ordinance No. 92-15, relating to Development Review Fees. City Manager Shapiro read the proposed ordinance by title only. The ordinance allows flat fees to be established by resolution and will permit developers to anticipate costs for City services. The public hearing was opened. As there were no comments, the public hearing was closed. Commissioner Foster, seconded by Commissioner Combs, moved to approve proposed Ordinance No. 92-15. On roll call Commissioner Combs voted "aye," Commissioner Foster voted "aye," Commissioner Woodson voted "aye," and Mayor pro tem Johnson voted "aye." Motion carried. - . - First Reading: Ordinance No. 92-16, relating to the new Land Development Regulations - Repealing Appendix "A", the Zoning Ordinance, of the Code of Ordinances of the City of Ocoee. - Second Reading and Second Public Hearing Scheduled for July 21, 1992. City Attorney Rosenthal read the proposed ordinance by title only. Planning Director Behrens presented the staff report for the proposed new land development regulations and reviewed the process for land development set forth in the regulations, referring to the summary provided in the written staff report and various charts in the regulations. Mr. Behrens pointed out that this document has been organized to present the development process in chronological order and that both the developer and staff will find it easier to implement. Planner Resnik spoke briefly about Article IV. It was '- pointed out that Special Exceptions will no longer go before the Board of Adjustment, but rather will go to Planning and Zoning Commission and then to City Commission. There were other changes noted. Mr. Jim LaRue, Larue Planning and Management Services, explained that the Land Development Code would become Chapter 180 of the Ci ty of Ocoee Code of Ordinances, and he spoke briefly regarding Article IX, Concurrency, noting that there are several paragraphs still under review which may be changed before the final consideration on July 21. There were typographical errors mentioned also and City Attorney Rosenthal said that any changes will be presented in the form of an amendment at the second reading and public hearing prior to the adoption of this ordinance, and that the forms referred to will be adopted by resolution. Planning Director Behrens said that the Planning and Zoning Commission, after holding an advertised public hearing, found the Land Development Code to be consistent with the Ocoee Comprehensive Plan and unanimously recommended adoption of the Land Development Code dated June, 1992 with certain revisions. The document under consideration at this time includes those revisions and is dated July, 1992. The public hearing was opened. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, expressed his opinion on PUDs. Attorney Miranda Fitzgerald, wi th Maguire Voorhis and Wells, pointed out several areas of concern and said that she will send a memo to staff listing suggested changes in the language. As no one else wished to speak to this issue, the public hearing was closed. City Attorney Rosenthal announced that the second reading and second public hearing on Ordinance No. 92- 16 will be held on July 21, 1992 at 7:30 p.m. '-" '- Page 3 Ocoee City Commission Regular Meeting July 7, 1992 OTHER BUSINESS Approval and Acceptance of Tem~le Grove Estates, Phase 1A Final Plat!. (This item was pulled from Consent Agenda Item III C and placed in Other Business by City Manager Shapiro at the beginning of the meeting.) Planner Resnik explained that this item was placed on the agenda anticipating completion of the site improvements prior to this date. However, as 7 items remain incomplete, a performance surety in the form of a cashiers check in the amount of $28,076.00, representing 115% of the estimated remaining cost of construction has been submitted tonight and will be held by the City until a Certificate of Completion is issued on the entire Phase I. City Manager Shapiro pointed out that no permits (other than for model homes) can be pulled until all the site work is completed and accepted by the City, and so approval of the final plat at this time would not place the City in a bad position. Commissioner Combs remarked that the condition of Good Homes Road at the intersection was very bad. City Attorney Rosenthal noted that a copy of the letter from City Engineer Shira to Mr. Craig Rouhier, with W. M. Sanderlin & Associates, was attached to the staff report and would serve to eliminate any potential confusion regarding the City's position if there are any questions in the future. Commissioner Combs, seconded by Commissioner Woodson, moved to approve the Temple Grove Estates Final Plat Phase I as presented, subject to the posting of a performance bond. Motion carried with unanimous vote in favor. - - ~ Resolution No. 92-11, relating to Development Review Fees. This resolution was presented by title only. No one present wished to speak to this issue. Commissioner Foster, seconded by Commissioner Combs, moved to ado~ Resolution No. 92-11. --Motion carried with unanimous vote ln favor. - - -" -- ~ First Reading of Ordinances-Second Reading and Public Hearings Scheduled for July 21, 1992. Ordinance No. 92-17, relating to 1992 Election Procedures. This ordinance was presented by title for the first reading. Commissioner Combs raised a question regarding the Mayor being listed as a member of the Canvassing Board when he may also be a candidate for office this year. City Attorney Rosenthal explained that the Charter specifically provides that the Mayor is a member of the Canvassing Board along with the two Commissioners who are not running for office; however, if the incumbent mayor runs for that position he would be required to abstain due to conflict on the canvassing of any issues relating to his particular office. Mayor pro tem Johnson announced that the second reading and public hearing will be held on July 21, 1992 at 7:30 p.m., or as soon thereafter as possible. Ordinance No. 92-18, relating to Vacancy in Candidacy. This ordinance was presented by title for the first reading. City Attorney Rosenthal explained that this ordinance satisfies the Florida Statutes requirement that municipalities have a procedure to deal with vacancy in candidacy. Mayor pro tem Johnson announced that the second reading and public hearing will be held July 21, 1992 at 7: 30 p.m., or as soon thereafter as ~ possible. '-" Page 4 Ocoee City Commission Regular Meeting July 7, 1992 Architectural Services - Municipal Complex Approval and Authorization to Execute Agreement for Architectural Services with C. T. Hsu and Associates for $112,000.00. Administrative Services Director Beamer explained that the negotiations with C. T. Hsu & Associates have been completed and an agreement for a cost of $112,000.00 for architectural services for the Municipal Complex has been reached. Ms. Beamer pointed out that this firm independently carries liability insurance of $1,000,000.00. Commissioner Woodson asked about using the land nearer the lake. City Manager Shapiro explained that boring must be done before a decision could be made regarding that area. COllllissioner Johnson asked that workshops be scheduled with the architects for an exchange of ideas before they spend a lot of time on the design. COllllissioner Combs, seconded by Commissioner Woodson, moved to approve the Agreement with C.T. Hsu as presented and to authorize the execution of the Agreement. Motion carried with unanimous vote in favor. Approval and Authorization to Execute Work Order No.1 in the Amount of $5,600.00 with Additional Reimbursable Cost not to Exceed $1,000.00 with C. T. Hsu and Associates for Architectural Services. Mayor pro tem Johnson, seconded by Commissi9ner _Combs, moved to approve Staff !ecommendation on item VI C 2 (as spelled out above). Motion carried with unanimous vote in favor. '-" Approval and Authorization to Execute Work Order No. 2 in the Amount of $16,800.00 with Additional Reimbursable Costs not to Exceed $2,500.00 with C. T. Hsu and Associates for Architectural Services. Commissioner Foster, seconded by Commissioner Combs, moved to approve Staff recommendation on item VI C 3 (as spelled out above). Motion carried with unnalmous--iotelnfavor-:--------"------..----------------- STAFF REPORTS - None COMMENTS FROM COMMISSIONERS Commissioner Foster: 1) Commended the Sanitation Department for its willingness to accept used tires. 2) Commended Staff and Mr. LaRue for excellent work for Land Development Code. 3) Commended Chief Boyd for great improvement in problem on Hackney prairie Road. 4) Commended Buddy Elmore for lake watch program. 5) Said that we need to pursue public transportation for Ocoee. Apopka and Clarcona have Tri-County Bus service and Ocoee and Winter Garden do not have it. Mr. Shapiro explained that a task force had been set up by the Chamber. They are trying to come up with total demand for transportation. Inquired about procedure for appointment to Tri-County Transit. '-" ~Qmmissioner Woodson: 1) Thanks to Ray and Jim for fixing hole on Orlando Avenue. ........ Page 5 Ocoee City Commission Regular Meeting July 7, 1992 2) The railroad crossing at McKey/Taylor needs repair. 3) Warned about the serious problem with telephone scams in today's news. Commissioner Combs: 1) Expressed appreciation to Ellis and Jim for quick response on road. 2) The new Veterans' Memorial looks great. 3) Commended Winter Garden/Mayor Quesinberry on excellent 4th of July program. Said booths set up at such celebrations were excellent ways for Little League, etc. to make money. 4) Doesn't see much work going on Clarke Road and would like to see shrubbery/landscaping at intersection with Highway 50. City Manager explained complexity of issue of improvements there. (Project status will be reported fully at July 21 meeting per Shapiro/Shira.) 5) Reported problem with tall weeds at "Welcome to Ocoee" signs, the Maguire House, and on Veronica Place. Mr. Behrens explained that Code Enforcement had officially cited the Veronica Place owner. 6) Mentioned rumor that a Builders Square was being considered at the corner of Hwy 50 and Bluford - felt that would be too close to Scottys. 7) Complained about only six flags being flown by the City for 4th of July. Said to do it right or not do it at all. Mr. Brenner said that many flags had been stolen. Mr. Combs said Commission should have been notified about it. ~ 8) Asked about the pile of debris behind the tennis courts at Tiger Minor Park. Mr. Shira explained that they were seeking a backhoe to move the debris to the WWTP #1 site. Mayor 1) 2) pro tea Johnson: Inquired about fence at Pop Warner Football Field. Mr. Brenner said that a new one had been put up, but already had been vandalized. The need for a walk-through was discussed. Asked about a security trailer, and Mr. Shapiro explained that there would be legal problems. Reported Marilyn Calvert's liver transplant at Shands on June 30th and her death that afternoon. Expressed Johnny and Marilyn's appreciation for all that the people of Ocoee had done to help them. Expressed condolences to the family of V. A. Rodriguez who had also died last week. Announced free used tire disposal by the Sanitation Department for tires brought to the City Garage, 560 Flewelling, on Wednesday, July 8th through Thursday, July 16th, 8:00 a.m. to 3:00 p.m. 3) 4) ADJOURDENT The meeting adjourned at 9:25 p.m. '-" Dabbs, Jr., Ma 0