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HomeMy WebLinkAbout04-20-93 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR .~ MEETING HELD APRIL 20, 1993 Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to order at 7:30 p.m. in the commission chambers. Commissioner Woodson led in the opening prayer and Heather Bruce led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Johnson (arrived at 8: 12 p.m.) and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Planning Director Behrens, Public Works Director Brenner, Fire Chief Strosnider, Police Chief Boyd, and City Clerk Grafton. ABSENT: Commissioner Foster and Administrative Services Director Beamer were delegates attending meetings in Tallahassee for the Withers/Maguire House. PRESENT A TIONS AND PROCLAMATIONS Mrs. Kathy Boyer was scheduled to introduce Rex Ware, new Scoutmaster for Boy Scout Troop 217, but was not present in the audience. When Mrs. Boyer arrived later in the meeting and Mayor Vandergrift asked her to make her introduction, she announced that Mr. Ware was moving out of town and would not be able to take over as scout master for the troop. Mrs. Boyer presented City Clerk Grafton with a certificate of appreciation for helping the scouts in -.. Troop 217 achieve their Citizenship in the Community merit badges. Mayor Vandergrift read a proclamation proclaiming April 22 Earth Day in the City of Ocoee. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, and F. Commissioner Combs. seconded by Commissioner Woodson. moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. (Commissioners Foster and Johnson absent). A. Acceptance and Approval of Minutes of Re~ular Commission Meetinl: of April 6. 1993. B. Approval and Authorization for Mayor and City Clerk to Execute the Developer's A~reement for Water Service for Albertson's. Inc. C. Acceptance and Approval of Final Subdivision Plans for Albertson's Shoppin~ Center. D. Approval and Authorization for Mayor and City Clerk to Execute the Developer's Aa:reement for Water Service for CS. Ltd. E. Approval of Conservation Easement for Gopher Tortoise Habitat. 240 acre Effluent Disposal Site/Golf Course. F. Approval of Innovative Idea from Employee Glen Brimer. COMMENTS FROM CITIZENS/PUBLIC ...... Ocoee City Commission Regular Meeting ~ April 20, 1993 R. P. Mohnacky, 1820 Prairie Lake Boulevard, said he had listened to Insurance Commissioner Gallegher address County Commission regarding the cost of the hurricane and he cautioned Commission to bear in mind that insurance rates will be affected by the housing specs. Jesse Thornton, 709 Crystal Drive, advised that he had sent in a petition some time ago objecting to sidewalks on his street and he wanted to remind Commission that he and his neighbors are opposed to spending dollars unnecessarily and also are opposed to the extra edging required to care for sidewalks bordering their property. Mr. Thornton said also that all of the 5 children on his street are bussed to school as they live over 2 miles from the school. City Manaller Shapiro advised that part of the capital improvement plan included a sidewalk on Crystal Drive and that there was a petition brought in sometime during 1990-91 from Crystal Drive residents opposing the sidewalk. Public Works Director Brenner said that a survey has been sent out for current feelings regarding: this and 10 of the 19 surveys have been returned with 6 opposed and 4 in favor. If the final tally shows a maiority to be not in favor. the sidewalk could be placed one street over on Suzette Drive where there is a need. Mr. Shapiro will report on the final responses at the May 4 meeting with a recommendation. PUBLIC HEARINGS The Ocoee Public Golf Links (Forest Lake Golf Club of Ocoee) ~ - Preliminary/Final Site Plan. Planning Director Behrens read the staff report, concluding with staff recommendation to approve the Preliminary/Final Site Plans for the Ocoee Public Golf Links (Forest Lakes Golf Club of Ocoee) with the condition of approval that the 5 foot sidewalk on Ocoee-Clarcona Road would be installed two years from the commencement of the operational golf course. Commissioner Combs said that he recalled discussing a 10,000 sq. ft. club house rather than 5,100 sq. ft. Mr. Ken Ezell, Clifton, Ezell & Clifton Golf Design Group, said they had planned all along to use a design similar to the one at Riverbend Golf Club, which is 4,200 sq. ft. with 1,000 ft. for roof overhang for a patio. The public hearing was opened. Mayor Vandergrift asked if the facility would be on a septic tank or sewer service. City Engineer Shira advised that a septic tank would be used until the sewer service was in the area at which time they would be required to switch over. It was not anticipated that this would be in the near future. There were no comments from the audience. The public hearing was closed. Commissioner Woodson. seconded by Commissioner Combs. moved to accept the recommendation as presented by staff. including the condition of approval regarding the sidewalk on Ocoee-Clarcona Road. Motion carried with unanimous vote in favor. Mr. Ezell expressed his appreciation to staff for their cooperation and assistance in this public/private enterprise, and said that they expect to get started in late Mayor June and will be ready to tee off in January. '-" 2 Ocoee City Commission Regular Meeting '-' April 20, 1993 Silver Glen P.U.D.-Phase II, Village 1- Preliminary Subdivision Plans. Planning Director Behrens read the staff report and advised that there was a representative of the developer present. The public hearing was opened. Mr. Frank Dolan, Vice President with U.S. Homes, said that he was present to answer any questions. R.P. Mohnacky asked if the deviation of 15 ft. would normally be 25 ft. Planning Director Behrens advised that on normal lots it would be 25 ft. but that when this was engineered in 1989 they requested a 15 ft. setback where the lots are situated back to back on corner lots. This was approved by Commission at that time and City Manager Shapiro stated for the record that in 1986 there was approval of the 60 ft. lot process as well and when the issue was brought to DRC it was moot because of that 1986 decision. The developer had asked also for a reduction of the sideyard setback which was denied. John Resnik, 407 Abbey Ridge Court, said that his questions had been answered when he came into the building earlier. As no one else wished to speak, the public hearing was closed. Commissioner Combs said that he had been concerned about the size of the lots, but that enough information had been given to settle his mind. ~ Commissioner Woodson said he had reviewed the information provided and it appears that they are building good houses. City Attorney Rosenthal explained, for the benefit of others in the audience, the October 7, 1986 unanimous action of the then seated Commission which approved 60 ft. lots with a 71/2 ft. sideyard for the entire PUD except for a certain buffer area, which was required to have larger lots. When you have an approved PUD the only criteria for the City Commission to legally consider when reviewing a development plan is whether or not it complies with the requirements of the PUD. Mayor Vandergrift asked if 1994 sq. ft. average is equal to RIAAAA. Mr. Behrens advised that there is no minimum zoning requirement called RIAAAA but that the average square footage in the plan far exceeds the requirements for RIAAA. Mayor Vandergrift noted that there should be a way to get an additional entrance to the park and some public parking as well. City Manager Shapiro explained that the park is a passive park and that an additional entrance had originally been planned with an approach from Clarke Road, but that the drainage engineering of that project prevented such access. Commissioner Combs said that he recalled the discussion for the park and it was intended by the owners to be a private park. AT THIS TIME (8:12 P.M.) COMMISSIONER JOHNSON ARRIVED. ~ 3 Ocoee City Commission Regular Meeting ~ April 20, 1993 The public hearing was closed. Mavor Vander&ift. seconded by Commissioner Combs. moved to approve the Preliminary Subdivision Plans for Silver Glen. Phase II. Village I as presented by staff. Motion carried 4-0. SECOND READINGS AND PUBLIC HEARINGS Ordinance No. 93-04, relating to Abandoned Shopping Carts. This Ordinance was presented by title only for the second reading and public hearing. City Manager Shapiro explained that there is a problem with citizens pushing the shopping carts to their homes and then abandoning them instead of returning them to the store. Chief Boyd explained that they have contacted Food Lion and they do not wish to offend customers by prosecuting. The public hearing was opened and Mayor Vandergrift read a letter from Bill McCanless, Food Lion Stores Director of Legal & Tax, P. O. Box 1330, Salisbury, North Carolina, indicating that his firm does not wish to prosecute customers for taking the carts as they are aware that those customers have no other means of transportation. ~ City Attorney Rosenthal noted that the ordinance does not provide for prosecution of the person who takes the cart, but rather for a penalty to the owner of the cart when it is left off the premises of the owner and on vacant and/or public property. City Manager Shapiro said that this system puts the cost of retrieval of the property on the owner rather than the taxpayer. Mrs. Frances Watts, 43 Shell Key Court, asked if the carts on the streets would be included in those picked up. Mr. Rosenthal said that streets are public property, so they would be included. Mrs. Watts said also that she was concerned that children will play in the carts and be injured. David Link, local Food Lion Store Manager, read a prepared statement which indicated that they would be willing to provide several carts and a corral to the trailer parks for their own use, so that the carts would not be littering the area but would still be available for the use of those who sorely need a way to get their groceries home. He said that they send someone out regularly to pick up the carts that have been taken away. Veronica Royce, 917 Marlene Drive, suggested that the people who need a shopping cart could check one out (as one does a library book) and keep it at home. Commissioner Johnson said that the carts are not being picked up on Hwy 437, but are being left in the ditches. '-' 4 -. Ocoee City Commission Regular Meeting April 20, 1993 ~ Mayor Vandergrift said that he has had a conversation with Mr. Link regarding alternate solutions. He then read a portion of a letter from Hulda Adams in Leesburg, who suggested that a fine be levied on the persons who take the carts instead of the store owners. The public hearing was closed. Mayor Vandergrift said he has a problem with the $25.40 charge and asked if the amount could be rounded off. Commissioner Combs said he thought enough attention had been focused on this issue that the ordinance would not have to be enforced. Commissioner Woodson noted that in another town a deposit was required for the use of a cart, and that may be a possible solution for Ocoee. He wanted to also include bicycles and stoves, etc. in this ordinance. City Manager Shapiro said that the carts have the name of the store on them, bicycles do not; and so enforcement for other items would require a different approach. Mayor Vandergrift suggested that the sunset law be included in this so that it would not remain on the books if it is not needed after a year. Mr. Rosenthal advised that a less expensive method to accomplish the same result would be to review after one year and then make a ~ decision to either retain or remove the ordinance from the Code. Commissioner Combs. seconded by Commissioner Johnson. moved to approve Ordinance No. 93-04 as presented. On roll call Commissioner Combs voted "aye. "Commissioner Johnson "aye." Commissioner Woodson "no." and Mayor Vandergrift 'aYe." Motion carried 3-1. Mavor Vander&ift. seconded by Commissioner Combs. moved to review Ordinance No. 93- 04 in one year to determine its suitability at that time. Motion carried 4-0. Ordinance No. 93-05, relating to the Sale of Water/Sewer Capacity. This ordinance was presented by title only for the second reading and public hearing. City Manager Shapiro explained that this ordinance provides for the purchase of water/sewer capacity greater than 20 ERU's more than one time a year. The public hearing was opened and, in response to a citizen's question, City Engineer Shira explained the meaning of ERU's. The public hearing was closed. Commissioner Combs. seconded by Commissioner Woodson. moved to adopt Ordinance No. 93-05 as presented. On roll call Commissioner Combs voted "aye. "Commissioner Johnson "ave." Commissioner Woodson "aYe." and Mayor Vandergrift 'aYe." Motion carried 4-0. '--' 5 Ocoee City Commission Regular Meeting April 20, 1993 \..- FIRST READING AND PUBLIC HEARING Ordinance No. 93-06, relating to Zoning Code Revisions re: Auto Repair. This ordinance was presented by title for the first reading and public hearing. City Attorney Rosenthal announced that this is a proposed change to the Land Development Code which requires 2 public hearings, and the second reading and public hearing will be held on May 4, 1993 at 7:30 p.m. At that time the public hearing will be opened and comments heard but consideration of adoption of the ordinance will be deferred until May 18 so that the Planning and Zoning Commission, acting as the Land Development Agency at its May meeting, will have an opportunity to make a recommendation regarding its consistency with the Comprehensive Plan. The public hearing was opened and Building Official Flippen explained that this ordinance is brought about in order to keep paint and body shops away from residential neighborhoods. R.P.Mohnackyasked if this was for commercial property only. Mr. Flippen responded that it was to keep these businesses away from residential. The public hearing was closed. Note: It was at this point in the meeting that Mrs. Boyer made her presentation to City Clerk Grafton recorded under PRESENTATIONS. '-" OTHER BUSINESS Withers-Maguire House - Chalmers Yeilding Architect, Work Order #9. City Manager Shapiro explained that monies are available in the FY93 Withers-Maguire Maintenance account line and he recommended approval of Work Order No. 9 for Chalmers Yeilding Architect and authorization for the Mayor and City Clerk to execute the document. Commissioner Combs. seconded by Commissioner Woodson. moved to approve the staff recommendation as Dresented. Motion carried 4-0. RECESS 9:00 P.M - 9:12 P.M. AT THIS POINT IN THE MEETING MAYOR VANDERGRIFT ELECTED TO TAKE TWO ITEMS OUT OF ORDER BECAUSE OF THE LARGE NUMBER OF PEOPLE PRESENT TO SPEAK TO ONE OF THE ISSUES: ITEM VI D-LAUREN BETH "ROAD CLOSED" BARRICADE AND ITEM VI C-INDUSTRIAL WASTE SERVICE COMPANY FRANCHISE AGREEMENT. Report/Decision re: Lauren Beth "Road Closed" Barricade. Mayor Vandergrift asked that only those who were opposed to the opening of the road speak as the other side of the argument has been heard already. City Manager Shapiro explained '-' 6 Ocoee City Commission Regular Meeting April 20, 1993 \.r. why the road was closed: 1) that the Sheriff's Department was not responding to the needs in that area and 2) that the citizens were not responding to the "No Trespass" warning on the property. Mr. Shapiro said that the question of whether there was a through street or not was never discussed before the closing, but he feels that because it has been determined that it is a road right-of-way that it should be opened and the barricade should be placed to prevent access to the private property. Commissioner Johnson said that he had received a generic letter from the County and he asked City Manager to respond to both Commissioner Freeman and Commissioner Staley and find out what else the County will do (like maintain the road). Carleen Bryant, 2002 Lauren Beth Avenue, asked that the City be responsible if the road is open and: 1) police the speed limits regularly, 2) put "No Thru Truck" and "Local Delivery Only" signs, 3) take measures to stop it again if a problem recurs. City Manager Shapiro responded that he wants to think the City can work with the County and that it would be appropriate for Mrs. Bryant to contact the County by letter and request that certain things be done to make it safer. ~ Tom Davis, 2100 Lauren Beth Avenue, said that this is a dangerous intersection, that the opening of Lauren Beth is a detriment to the quality of life in the City. COMMISSIONER WOODSON COMMENTED TO CITY MANAGER SHAPIRO THAT STOP SIGNS ARE NEEDED AT THIS INTERSECTION. Gary Bryant, 2002 Lauren Beth Avenue, expressed appreciation for the care and concern and asked for a delay in a decision until a firm commitment from the County is obtained. Holly Blankenship, 2201 Lauren Beth Avenue, said that she had been unable to find anyone in the County who will help. There was some discussion regarding school buses being parked in that area and Commissioner Woodson noted that they should be parked at the school. Commissioner Johnson. seconded by Commissioner Woodson. moved to take down the barricade. Motion carried 4-0. City Manager Shapiro said that he would take care of the issue regarding the parking of school buses. ~ 7 Ocoee City Commission Regular Meeting April 20, 1993 '--' RECESS 9:55 P.M. - 10:00 P.M. First Amendment to the Industrial Waste Service Company Franchise Agreement. Public Works Director Brenner explained that a reasonable rate increase by IWS had been approved at the February 16 regular meeting and that the document reflecting the rate change is now ready for execution by the Mayor and City Clerk. Mr. Brenner requested that Commission authorize the Mayor and City Clerk to execute the First Amendment to the Commercial Garbage Collection Franchise Agreement. Commissioner Combs. seconded by Commissioner Johnson. moved to approve staff recommendation as presented. Motion carried 4-0. Commissioner Woodson asked Mr. Rosenthal to read a letter from Doug Wilson. However, as Mr. Wilson's letter spoke to residential accounts and this issue affects only commercial accounts, the letter was not read. AT THIS POINT MAYOR VANDERGRIFT RETURNED TO THE ORDER OF THE AGENDA Master Drainage Plan (Spring Lake/Lake Johio Drainage Basin Study) Status Report - David Hamstra, Professional Engineering Consultants. Mr. David Hamstra, Professional Engineering Consultants, was introduced by City Engineer Shira. Mr. Hamstra reported that there were no comments yet from EPA regarding NPDES, ~ then reported on the results of the studies performed for the first four work orders in preparation of the Master Drainage Plan. Those accomplishments include the collection and preparation of data for current and future use in digital mapping, the translation of available material from its existing form into AutoCad, as well as physically surveying the area. City Engineer Shira interjected at one point that Mr. Hamstra and several others from PEC had walked the entire drainage area for the City and had created a very detailed map showing ditches and structures. Mr. Hamstra completed his report by listing remaining tasks necessary before updating the drainage sub-element of the City's Comprehensive Plan. Mr. Shira asked Mr. Hamstra to enlarge on the limitations on the work proposed for Pioneer Key Park II, and then he pointed out that whatever is done in that area will result in only an improvement, not a solution to the problem, because the land is just too low to correct the drainage problem. Mr. Hamstra also noted that maintenance will play an important part in the success of the efforts made with ditches. Mayor Vandergrift said he would like to walk the area with the engineers. Commissioner Johnson said he wants some money spent also on the Kimball Drive area as well as the Pioneer Key Parks, at least for a temporary solution. City Manager Shapiro said the press for the Parks at this time is because of block grant money that is available for that area which would not be available for the other areas. There was further information here regarding the need for more time/money before qualifying for the necessary bonding to complete the needed improvements in other areas of town. Mayor Vandergrift suggested going into the ~ 8 Ocoee City Commission Regular Meeting April 20, 1993 ~ older parts of town where the swales have been broken down and redoing the swales, particularly on Kimball and Russell. City Attorney Rosenthal cautioned that what is done must qualify for maintenance under the SJRWMD rules. Commissioner Johnson said that the Kimball Drive problem is caused by the development/paving of the surrounding area which has caused the water to go directly into a man's house and he did not feel that correcting the swales would be sufficient. Pitt Varnes asked Commission if they were going to address the agenda item regarding Spring Lake. He was advised that it was the next item. Approval of Work Order No.5 for PEC. City Engineer Shira explained that this work order is a request for compensation for the Spring Lake/Lake Johio Drainage Basin Study portion of the Master Drainage Plan. Commissioner Combs. seconded by Commissioner Johnson. moved to approve staff recommendation as presented for Work Order No.5 for a not-to-exceed amount of $49.890 and to authorize the Mayor and City Clerk to execute Work Order No.5. Motion carried 4-0. RECESS 10:53 P.M. - 11:03 P.M. Resolution No. 93-04, officially renaming "Clark Road" to "Clarke Road" ~ This resolution was presented by title and City Attorney Rosenthal explained that this is a housekeeping resolution to correct the spelling of Clarke Road. Commissioner Combs. seconded by Mavor Vander&ift. moved to adopt Resolution No. 93-04 as presented. Motion carried 4-0. Appointments to Boards - Citizens Advisory Committee of the Orlando Area Transportation Study - Harold Switzer resigned. Commissioner Johnson nominated Jim Gleason, 756 Hammocks Drive, to represent the City of Ocoee on the Citizens Advisory Committee of the Orlando Area Transportation Study, as Mr. Switzer has submitted his resignation from that committee. Commissioner Combs seconded the nomination and the vote carried 4-0. FIRST READING OF ORDINANCES - SECOND READING AND PUBLIC HEARING WILL BE HELD MAY 4,1993 AT 7:30 P.M. Ordinance No. 93-07, repealing Ordinance No. 620 relating to regulations for The Palms and Valencia Trailer Parks. This ordinance was presented by title for the first reading and the time and date of the second reading and public hearing were announced. '-'" 9 Ocoee City Commission Regular Meeting April 20, 1993 '-' Ordinance No. 93-08, relating to the use of nails vs staples in the construction of shingle rooftops. This ordinance was presented by title for the first reading and the time and date of the second reading and public hearing were announced. DISCUSSION RE: FIREWORKS CELEBRATION FOR JULY 3. Mayor Vandergrift expressed an interest in having fireworks this July 4th weekend, said that he had 3 low bids for the fireworks and that he has asked that citizens join in the effort to celebrate that holiday in Ocoee. Commissioner Combs said the expense is not budgeted and no one in the community has come forward with the money. Chief Strosnider advised that the permit could not be approved because there can be no spectators within 490 feet and there is no place available. Commissioner Johnson suggested that it may be possible to use the sewer facilities at A.D. Mims Road if the money could be found. Mayor Vandergrift will research further and be back with the information. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS '-' COMMISSIONER JOHNSON: No comments at this time. COMMISSIONER COMBS: 1) Announced that Commissioner Woodson will probably be wearing a Kiwanis hat to Lions Club meeting as soon as the final count is in for the March of Dimes West Orange WalkAmerica held on April 17, even though he walked the whole route; and he complimented Chief Strosnider for walking the entire 8 miles. 2) Said he had talked to Don about car repairs and they will be taken care of. COMMISSIONER WOODSON: 1) Asked if our adult entertainment ordinance is strong enough to prevent such an establishment from coming to Ocoee. City Manager Shapiro will research to make certain that it is and give a written report. 2) Thanked Public Works Director Brenner for agreeing to fix the sidewalks. Commissioner Combs noted also that there is a problem with sidewalks in Prima Vista as well. MAYOR VANDERGRIFT: '-' 10 Ocoee City Commission Regular Meeting April 20, 1993 '-' 1) Reported a truck tonnage sign missing in Pioneer Key Park I or Pioneer Key Park II. Public Works Director Brenner reported that they are taken down as soon as they are put in place. 2) Asked when the auction would be held to get rid of old vehicles. As soon as budget is in place. 3) Reported that the Easter egg hunt had good coverage in The Times and thinks City should have an Easter Parade in front of the new City Hall next year. 4) Asked that a trash receptacle be placed near the mail boxes in Pioneer Key Park II, as this has served to help the appearance of Pioneer Key Park I. 5) Advised that the first Pioneer Key Park I newsletter is out and that it calls attention to a meeting on crime prevention to be held May 4 at the Recreation Center. 6) Reported a letter from Meals on Wheels requesting $1,000. City Manager Shapiro advised that there was a specific meeting to take care of those requests during the budget process and the decision was made not to donate this year. but there will be another opportunity in the budget sessions in August. Could also bring it up at mid-year. 7) Reported a letter from West Orange Chamber of Commerce requesting $25 as a member. 8) Announced the dart tournament with a $5.00 entry fee to be held May 16 at Calico Jack's benefitting March of Dimes. 9) Appreciated the memo he received from Public Works Director Brenner on downtown signs at Clarke Road, Bluford/Silver Star Road, and Bluford/Hwy 50. "-' ADJOURNMENT The meeting adjourned at 11:30 p.m. Attest: APPROVED: City of Ocoee s. Scott Vandergrift, Ma r. '-' 11