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HomeMy WebLinkAbout11-21-95 "" MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD NOVEMBER 21, 1995 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commISSIOn chambers. Commissioner Foster led in prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Planning Director Wagner, Administrative Services Director Beamer, Fire Chief Strosnider, Building/Zoning Official Flippen, Recreation Director Beech and City Clerk Grafton. ABSENT: None. Mayor Vandergrift announced the results of the runoff election for District 2 Commissioner: Scott Anderson 144, Bob Williams 70. PRESENTATIONS AND PROCLAMATIONS CERTIFICATES OF RECOGNITION FOR DISPLAYING HONESTY AND SETTING A GOOD EXAMPLE- ~ MATT ENOCHS, DONNIE BURKHALTER AND J.C. BRAY. Matt Enochs, Donnie Burkhalter and lC. Bray were not present for the awarding of their certificates. EPILEPSY PROCLAMATION PRESENTED TO KIM STRONG, EPILEPSY ASSOCIATION OF CENTRAL FLORIDA. Mrs. Strong was not present to accept this proclamation. CERTIFICATE OF RECOGNITION TO EPILEPSY WINNING KID OF ORANGE - OSCEOLA - SEMINOLE - BREVARD - CASEY FLEMING. Mayor Vandergrift presented 8 year old Casey Fleming with the Epilepsy Winning Kid Certificate for being an energetic spokesperson for those with epilepsy. RECOGNITION FOR GIVING 9 GALLONS OF BLOOD TO BLOOD BANK - JAMES MOBLEY. Mayor Vandergrift presented James Mobley with a shirt in appreciation for being so dedicated and responsible. REPORT ON FOUNDERS' DAY EVENT - CHAIRMAN JOHN RESNIK. Mayor Vandergrift announced that the report on the Founders Day event would be discussed at the next Commission meeting on December 5, 1995. ......... Ocoee City Commission Regular Meeting November 21,1995 '-r CONSENT AGENDA The consent agenda consisted of items A, B, C, D and E. Mayor Vandere:rift. seconded by Commissioner Gleason. moved to aoorove the consent agenda as presented. Motion carried 5- O. A. Acceotance and Approval of Minutes of the Re~ular Meetine: held November 7.1995. and Canvassine: Board Meetine: of November 8.1995. B. Acceptance and Authorization to redirect capital funds designated in PPTD for an equipment trailer and edger to purchase C700 Ford tractor and fifth-wheel trailer for a total cost of $3.296. C. Approval and Authorization for Mayor and City Clerk to execute Silver Glen Phase II Village II - Final Subdivision Plan. D. Approval and Authorization for Mayor and City Clerk to execute Interlocal Agreement with City of Maitland for Smartzone Server. E. Approval and Acceptance of Lake Bennet Centre Final Plat. COMMENTS FROM CITIZENSIPUBLIC Mrs. Frances Watts, 43 Shell Key Court, thanked Commission and the City for all the things they do for seniors. '-' Commissioner Glass welcomed Mary Myers back to the meetings and said one of the things the City has to be grateful for is its seniors. Mayor Vandergrift announced that he would take Agenda Item VI. A - Retaining an Attorney for Senior Program Committee - out of agenda order and consider it at this time. OTHER BUSINESS RET AINING AN ATTORNEY FOR SENIOR PROGRAM COMMITTEE. Daniel Murphy, Chairman of the Senior Program Committee, informed Commission that on November 8, 1995, the Senior Program Committee had interviewed two attorneys. And after careful consideration, the Committee recommended that Michael V. Hammond, Attorney at Law with Rissman, Weisberg, Barrett, Hurt, Donohue & McLain, be retained to work with them on the Senior (Over 65) Program. Mayor Vandere:rift. seconded by Commissioner Glass. moved to aporove the Senior Program Committee's recommendation that the Citv retain Michael V. Hammond with the firm of Rissman. Weisber, Barrett. Hurt. Donohue and McLain for the Senior Program Committee's Attorney. Motion carried 5-0. RECESS 8:05 - 8:13. Agenda Items VI C, D, E, and F were taken out of agenda order and presented at this time. '--' 2 ~ Ocoee City Commission Regular Meeting November 21, 1995 WEST OAKS MALL pun - PROJECT No. 94-011 (f/kla Lake Lotta Mall PUD) THIRD INCREMENTAL PORTION OF FINAL PLANS. A PORTION OF FINAL SUBDIVISION PLAN FOR WEST OAKS MALL PUD INCLUDING OFF-SITE ROADWAY AND SIGNALIZATION PLANS. A PORTION OF FINAL SITE PLAN FOR LOTS 1, 2, 3, 4, & 5 OF WEST OAKS MALL PUD INCLUDING OFF-SITE ROADWAY AND SIGNALIZATION PLANS. Director of Planning Wagner presented the Staff Report and explained that the third incremental submittal of Final Subdivision and Final Site Plans for the West Oaks Mall provide for off-site roadway improvements and corresponding signalization facilities. The City staff and consulting engineers reviewed the plans in detail against the requirements of the Land Development Code and PUD Land Use Plan and have found them in compliance, subject to the addition of signal work at S.R. 50 and Clarke Road. Mr. Jim Grant and Mr. Fred Gardner, representing Homart, were present to respond to questions. Commissioner Gleason. seconded by Commissioner Johnson. moved to approve the Off-site Roadway and Signalization Plans portion of the Final Subdivision Plan and Final Site Plan for Lots 1. 2. 3. 4, & 5 of the West Oaks Mall PUD as date stamped received bv the City on November 9. 1995. subiect to the developer installing all facilities that may be permitted by FDOT which are necessary to coordinate the signals at S.R. 50 and Clarke Road with all orooosed signals north along Clarke Road including the signal at White road. Motion carried 5- O. ,.., RESOLUTION No. 95-26, RELATING TO THE PURCHASE OF 75' ELEVATED 1500 GPM FIRE ApPARATUS FOR STATION #4 (Clarke Road). City Attorney Rosenthal read this Resolution by title only. Fire Chief Strosnider gave a brief overview of the staff report and said the Department was requesting authorization to purchase a 75 ft. heavy duty aerial ladder equipped with waterway and 1500 GPM fire apparatus for Station No.4, adoption of Resolution 95-26 and approval for the Mayor and City Clerk to execute the necessary standard documents. Mavor Vanderl!rift. seconded by Commissioner Glass. moved to authorize (1) the purchase of the 75' Heavy Duty Aerial Ladder equipped with waterway and 1500 GPM oump on a Pierce apparatus as per specifications in Cocoa's Bid #95-07 and (2) financing through Riverside national Bank at 5.875% effective annual rate with quarterlv pavments of $24.654.51 for four years, (3) the adoption of Resolution 95-26 and (4) approval for the Mayor and City Clerk to execute the necessarY standard documents. Motion carried 5-0. LAKE OLYMPIA SQUARE REPLAT II. Director of Planing Wagner presented the Staff Report and explained that the City had approved, and the Developer recorded on June 9, 1995, Lake Olympia Square Replat. Slight changes to the boundaries of lots IB and 2B have made it necessary to submit a revised plat for City approval. Staff recommended approval of Replat II as submitted. ~ 3 ~ Ocoee City Commission Regular Meeting November 21, 1995 Mr. Louis Geys, President of Dabi Inc. and as the original partial owner and mortgage holder of the subject property, expressed concern regarding the issue of access for his remaining parcels to Silver Star Road and/or Olympus Drive which he understood were provided for in his original Developers Agreement. City Attorney Rosenthal reviewed the procedures outlined in the Land Development Code for citizens to change a plat and pointed out that the right to follow this procedure would not be precluded for Mr. Geys by his having signed a Joinder and Consent for this event and the prior approval of the plat. He noted, however, that Mr. Geys' remaining parcels were not landlocked, as access easements were provided through the shopping center, and there was no legal obligation at a later date on the part of the City Commission to grant additional access. Commissioner Gleason asked that the record show his opposition to opening Olympus Drive. Commissioner Gleason. seconded by Commissioner Glass. moved to approve the Lake Olympia Square Replat II as submitted. Motion carried 5-0. ~ FLORIDA POWER CORPORATION, REQUEST FOR WAIVER OF AN ASSESSED FINE. Building and Zoning Director Flippen presented the Staff Report and explained that on September 27, 1995, the Building and Zoning Department issued a stop work notice to Phillips and Jordan Inc. due to performing land clearing and removing trees on the west side of Clarke Road between White Road and West Colonial Drive without first obtaining the required City permits. Article VI Section 6-10- B-7 (b) of Ocoee' s Land Development Code requires that a fine in the amount of one hundred ($100.00) dollars times the diameter at breast height of the removed tree shall be assessed against any person violating this section. In this respect, the Building and Zoning Department notified Phillips and Jordan Inc. that the assessed fine amounted to a total of nineteen thousand five hundred ($19,500) dollars. Florida Power Corporation has submitted a written request for the assessed fine to be waived due to certain improvements made in the City by Florida Power Corporation at the request of the City. In this respect, the Planning and Zoning Department requested that Commission consider Florida Power Corporation's request for the waiving of the assessed fine. Mr. Kenneth Cone, Area Manager, and Mr. Ron Morley were present to respond to questions. Commissioner Foster. seconded by Commissioner Glass. moved to waive the assessed fine and require Florida Power to replant 4 times the number of trees cut (4 x 14 = 56 trees). Motion carried 5-0. COMPUTERS AND NETWORKING FOR PLANNING DEPARTMENT. Director of Planning Wagner presented the Staff Report and explained that as part of the FY 1996 Department Budget, Commission approved a new Clerk-Stenographer position and the purchase of two (2) standard personal computers (PCs). Staff recommended that Commission approve the purchase of a new base model Pentium PC from Quantex by utilizing the $1,186.21 remaining in the Planning Department capital account, and approving a $1662.79 budget transfer '-" 4 ~ Ocoee City Commission Regular Meeting November 21, 1995 from the City Commission contingency fund to the Planning Department capital account to fund the PC purchase and networking. Commissioner Glass. seconded bv Commissioner Foster. moved to approve the purchase of a new base model Pentium PC from Ouantex by utilizing the $1.187.21 remaining in the Planning Department capital account, and approving a $1.662.79 budget transfer from the City Commission contingency fund to the Planning Department capital account to fund the PC purchase and networking. Motion carried 5-0. PUBLIC HEARINGS RESOLUTION No. 95-18, VACATING B.C. TERRY RIGHT-OF-WAY (continued from 10/17/95). As recommended by City Manager Shapiro, Mayor Vandergrift. seconded by Commissioner Gleason. moved to continue this matter until the next Commission meeting on December 5. 1995 at 7:30 p.m. Motion carried 5-0. '-' ORDINANCE No. 95-28, AMENDING SIGN ORDINANCE. This ordinance was presented by title only for the second reading and public hearing. Building and Zoning Official Flippen presented the Staff Report and explained that at the November 7, 1995 City Commission meeting, the first reading of the proposed Ordinance 95-28 relating to signs was considered, and Commission voted unanimously to change the effective date of the proposed ordinance, if approved at the Second Reading and Public Hearing of November 21, 1995, to January I, 1996. If Ordinance No. 95-28 is approved, the following addition is requested: Add to Section 8-7 C (3): a) Owners of commercial or residential property who are selling their own property may utilize temporary directional signs subject to compliance with Section 8-7 of this Ordinance. Staff recommended approval of Ordinance No. 95-28 with the addition of Section 8-7 C (3) (a) and also approve the adoption of the proposed Sign Fee Schedule Resolution. The public hearing was opened. Frances Watts, 43 Shell Key Court, said she likes the City without signs hanging around all the time. Lou Armesto, 1029 Southern Oak Lane, expressed major concerns with stickers on signs. He said he would prefer to pay a one year fee rather than to buy stickers. City Attorney Rosenthal explained that fees are part of the resolution and not the Ordinance. Mr. Wayne Thompson, Vice President Outdoor Advertising, also spoke. The public hearing was closed. Commissioner Foster. seconded by Commissioner Johnson. moved to adopt Ordinance No. '-'" 95-28. 5 Ocoee City Commission Regular Meeting November 21, 1995 ~ Commissioner Foster. seconded bv Commissioner Johnson moved to amend Section 2 of Ordinance No. 95-28. identified therein as Section 8-7 B(2) by deleting "3' in height" and adding "4' in height from ground level." Motion carried 3-2. (Commissioners Glass and Gleason voted no.) Commissioner Johnson. seconded by Commissioner Gleason. moved to amend Section 8-7 C (3) by adding "Owners of Commercial or Residential property who are selling their own property may utilize temporary directional signs subject to compliance with section 8-7 of this ordinance." Motion carried 5-0. Commissioner Glass pointed out a scrivener's error on Page No. II, but was advised that it had already been corrected on the original. Commissioner Glass. seconded by Commissioner Gleason. moved to amend Section 8-7 B (3) by adding "There shall be a minimum distance of at least 20' between signs approved for a single permit holder." Motion carried 5-0. '-- Mavor Vandere:rift. seconded by Commissioner Glass. moved to amend Section 2 of Ordinance 95-28 by adding subsection (19) to Section 8-7 B as follows: Temporarv directional signs shall be no closer than 100 feet to a new home guide sign. except for signs for garage sales. major special events. minor soecial events, and public transportation bench advertising which shall not be subject to this restriction. Motion carried 4-1. (Commissioner Gleason voted no.) Commissioner Glass, seconded by Commissioner Gleason. moved to amend Section 2 of Ordinance 95-28 pertaining to Section 8-7 B (15) to read as follows: "Temporary directional signs shall be permitted onlv for property or functions in the City of Ocoee and to enclaves within the City. No signs shall be oermitted or erected in the Citv of Ocoee when said directions are to property or functions not located in the City or to enclaves within the Citv. Motion carried 5-0. The vote on Ordinance No. 95-28 as amended was 5-0. RESOLUTION No. 95-25, ESTABLISHING FEE STRUCTURE FOR PERMITTING SIGNS. This Resolution was presented by title only. Building and Zoning Director Flippen presented the Staff Report and explained that on October 25, 1995, the Planning and Zoning Commission, acting in their capacity as the City Land Planning Agency, considered a proposed ordinance which would amend the existing City Sign Ordinance. The Resolution would permit Developers, Builders, and Realtors to place directional signs in City Right-of-ways on weekends and holidays. This proposed ordinance would also provide for advertisements to be placed on the backrest of public transportation benches and provides for new home guide signs. After a lengthy discussion, the Planning and Zoning Commission moved to recommend approval of the Resolution subject to consideration of the comments contained in the minutes of the meeting. '-" 6 '-'" Ocoee City Commission Regular Meeting November 21, 1995 Mayor Vandere:rift, seconded bv Commissioner Johnson, moved to adopt Resolution No. 95- 25. City Attorney Rosenthal said that in Sections 2, 3,4, & 5 the word "annual" should be inserted in front of fees. Commissioner Gleason. seconded by Commissioner Johnson. to amend Exhibit A of Resolution No. 95-25 with respect to the section identified as Developers. Builders. and Realtors so that the charges for identification seals would be $150 for 10 seals with a minimum charge of $150. no charge for replacement identification seals when signs are lost or damaged. and $50 per sign for removal of signs erected without a permit. Motion carried 5-0. Mayor Vandergrift noted that Exhibit C should include the word "Annual." The vote to adopt the Resolution as amended was 5-0. COORDINATED CARE - PRELIMINARY!FINAL SITE PLAN. Director of Planning Wagner presented the staff report and explained that the plans for Coordinated Care provide for the preservation of an existing oak hammock on the property as well as a conservation zone adjoining Lake Bennet. The approval of the Coordinated Care project will also permit the initial phase of the Lake Bennet Centre development to commence including the initial extension of Blackwood Avenue north ofS.R. 50. '--' Commissioner Gleason. seconded by Commissioner Glass. moved to approve the Preliminary/Final Site Plans for Coordinated Care as date stamped received by the City on November 9, 1995. subiect to the notation of a drainage easement on Lake Bennet being corrected to match the Lake Bennet Centre plat. Motion carried 4-0. (Mayor Vandergrift was not present.) STAFF REPORTS None. COMMENTS FROM COMMISSIONERS Commissioner Gleason: I) Residents report that at Tiger Minor Park there still is no basketball backboard and the lights should be checked. 2) The traffic count now justifies a left turn signal northbound on Clarke Road at Silver Star Road and City is now awaiting FDOT's response to that information. Commissioner Glass: I) Reported high weeds at the RR track/Kissimmee A v. area. 2) Expressed to Commissioner Foster his pleasure at serving with him on Commission. 3) Announced the Sysco thanksgiving Dinner Wednesday, November 22, I :00 p.m. - 6:00 p.m. '-'" 7 Ocoee City Commission Regular Meeting November 21, 1995 '-" Commissioner Foster: I) Said he had prepared a 2 hour monologue and a 2 minute monologue and called for a vote in favor of the 2 hour monologue. He received a unanimous vote against his proposal and so gave the 2 minute version, expressing his gratitude to the citizens for allowing him to serve them and Commission as well. Commissioner Johnson: I) Expressed his appreciation to Commissioner Foster for his wisdom and guidance during his six years on Commission. 2) Reported the side walk on Sullivan and Ridge field. Mr. Shapiro will give written response. 3) Will get with City Manager re an intersection that needs attention. 4) Expressed concern about the required trees that are being planted and then neglected. Mr. Shaoiro said he had put most of the developers on notice. '-' Mayor Vandergrift: I) Displayed the samples of the wood he had removed from his 7 year old house that has termite damage and dry rot. He expressed concern about the building standards and said he wishes to establish a commission of developers, inspectors, builders, etc. to review the standards. 2) Wants speed humps on an agenda soon. 3) Cited the need for a bicycle crossing at the RR Crossing at Spring Lake School. 4) Wished all a happy Thanksgiving holiday and invited everyone to help him tear up his house. / ADJOURNMENT The meeting adjourned at II: 10 p.m. '-" 8