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HomeMy WebLinkAbout10-06-87 MINUTES OF CITY COMMISSION MEETING HELD ON OCT08ER 6, 1987 ,.... . Mayor leon called Commissioner Hager pledge of allegiance the meeting to order led in prayer and Mayor to the flag. at 7:32 Ison led p.m. the PRESENT: Mayor leon; Commissioners Johnson, Dabbs, Bateman, and Hager; City Manager Ryan; City Attorney Kruppenbacher; City Clerk Catron; Planning Director Wagner; Public Works Director Occhiuzzo; and City Engineer Kelley. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Mayor Ison announced that the City of Ocoee and the Lions Club wanted to recognize two people as Man and Woman of the Year. Jim Beech and Cathie Pollack were chosen for their outstanding contributions to the City. John Alexander, President of the Lion's Club was not in attendance so Tom Hendrix, past President, presented Jim Beech with a plaque and Mayor Ison gave Mr. Beech a key to the City. Mr. Beech thanked the Commission and the Lion's Club and said it had been his pleasure being involved with the programs and with the people who participated. Cathie Pollack had not yet arrived and the Mayor said they would continue the meeting until she arrived. .- Mayor Ison said that the presentation to Kathy Shidel and Cathie Pollack would be held at a reception before the next Commission Meeting on October 20, 1987. Mayor Ison explained that the West Orange Future Farmers of America had requested monies to help send three of its members to the annual National convention in Kansas City, Missouri. The cost for each student was S330. Mayor Ison asked for any comments or suggestions from the Commissioners. Commissioner Johnson asked City Manager Ryan his feelings on the ~unds the City might have available for a request such as this. City Manager Ryan said there was monies in the appropriated cash reserve to handle spending not budgeted for. Commissioner Johnson moved to donate S500.00 to the group, Commissioner Hager seconded, and approval was unanimous. - The Mayor asked if there were any further comments to be made by the Commissioners before they moved on. Commissioner Johnson said he felt it necessary to say a few words on behalf of Jim Beech. Commissioner Johnson said he had known Mr. Beech a long time and that he had greatly improved the recreation program for the City and that he was well respected by everyone in the community who was associated with his work. He thanked him personally for working with his child and also expressed his appreciation for his work with the handicapped. 1 ,- -" . Page 2 City Commission Meeting October 6, 1987 Commissioners Hager and Bateman had similar accolades xor Mr. Beech. Commissioner Dabbs added that he knew Mr. Beech not only for his work for the City, but also as a xellow person in the teaching profession. Commissioner Dabbs said that Mr. Beech was well respected by his peere xor hie accompliehmente in teaching as well as for his work for the City. Mayor Ison ended by adding his praise xor all the work Mr. Beech had done over the years for the City and for the many civic organizations. APPROVALS - CONSENT AGENDA Commissioner Bateman moved to approve the items on the Consent Agenda, Commissioner Dabbs seconded, and approval was unanimous. Items approved were as follows: A - Regular Commission Meeting Minutes of 9-15-87; B - Workshop Commission Meeting Minutes of 9-10-87; C - Proposed Ordinance, Amending Occupational License Ordinance, First Reading; D - Reappointment of Gary Carroll to Code Enforcement Board. OLD 8USINESS - Special St.aff Report. City Engineer - Tom Kelley Bownes. Road ProJect - Statu. Report. City Engineer Kelley said he spoke with Attorney Linda and that it would be about 10 days before the title was complete. Mr. Kelley said he would discuss the of-way documents with the property owners once the search was complete. Barnby search .right - title Mr. Kelley s~id he had initiated contacts with the D.O.T. and that he didn't forsee any problems with environmental permitting. He also said he had received notice on the Railroad crossings and that they estimated it would cost about $875,000.00 to complete Bowness Road including the cost of the railroad crossings. - Mr. Kelley said that only a small portion of the right-of-way was outside the City limits and he did not see that as creating too much of a problem. He said once the right-of- way issue was resolved, they would be ready to go for bids on the proJect. Mr. Kelley said the most critical item was to deal with the right-of-way owners and that he estimated it would take six to 18 months to complete all the necessary proceedings. The Mayor asked if City Engineer Kelley and City Manager Ryan 2 . Page 3 City Commission Meeting October 6, 1987 could meet with one of the landowners to see if find out what to expect. City Manager Ryan said title search was incomplete, it may be found County owns the land, and not the grove owner, it would be unnecessary to deal with him. they could because the that Orange and there~ore Mayor Ison said he still wanted the City to check with the grove owner and see if he was in mind to sell or not so the City would know where it stood. McKey Street. Improvement.. City Engineer Kelley said he had not received final design authorization from the City on maJor improvements needed for McKey Street. He estimated it would cost between S600,000.00 and S900,000.00 for maJor curbing, resur~acing, and drainage improvements. Mr. Kelley asked the Commission to hold a special workshop session to discuss the proJect. Since there was a problem scheduling a session before the next meeting, it w~s decided that this item would be placed in the re9ul~r agenda under Old Business. Mayor lson instructed City Manager Ryan to let the residents and business owners in that neighborhood know of the meeting. e Clark Road Alignment - S~atu. Report. City Engineer Kelley showed the proposed western extension of the East/West Expressway and passed out handouts on the traffic counts and traffic prOJections coming off the E/W Expressway. Mr. Kelley said he would talk to the Expressway Authority and the D.O.T. about getting assistance in the paving of Clark Road, a section of about four miles that would run from Route 50 to Clarcona-Ocoee Road. Kiaaimmee Water Plent. Improvement.. - St.aff Report. City Engineer Kelley said he received a call from the appraiser on the value of the track of land by the Kissimmee Water Plant. Mr. Kelley said it was appraised at S7,OOO.00 and he suggested the City contact the owner to work out a mutual accomodation of that land. Mr. Kelley said it would be a valuable acquisition because of its proximity to the existing system. Mr. Kelley said that because of the residential setbacks, the City would need special approvals from the Planning & Zoning Board. - Commissioner Dabbs expressed his approval for the expansion. Commissioner Bateman asked whether the 3/4 million gallon tank that Mr. Kelley had proposed to build could later be enlarged to a one million gallon tank. Commissioner Bateman said his concern was that because of the new East/West Expressway extension, south of Route 50 may someday need another water system. City Engineer Kelley said it could be 3 I ~ - Page 4 City Commission Meeting October 6, 1987 done and it Bateman also verses ground from elevated would be very cost effective. Commissioner questioned the use of elevated water storage water tanks. Mr. Kelley said the trend is away storage. It was decided that the City Manager would contact the landowner to see if something could be worked out. PRESENTATION Mayor Ison interrupted the agenda to present Cathie Pollack with the Lion's Club award for Woman of the Year. Tom Hendrix presented the plaque and Mayor Ison presented her with a key to the City. Ms. Pollack thanked the Commission and expressed her apologies for missing the formal presentation. She said she misunderstood and thought that the presentations were to take place at the next Commission Meeting. e City Planner - Ru.. Wegner Silver Glen (U.S. Home.> - PUD Final Maat.er Plan end Preliminary Subdivi.ion Plan City Planner Wagner said the City had worked with the Developer over the last year to finalize the Master Plan. Mr. Wagner said after reviewing the Plan, the Development Review Committee (DRC) had a list of 19 recommendations, seven of which were maJor concerns regarding the proposed development: 1. The need for adequate storm water retention :facilities. 2. The need for cost sharing agreements :for the paving of Clark Road. 3. The need for finding appropriate water mains. 4. Determining whether street screening will be by masonry walls or landscaped berms. 5. The need for adequate park lands. 6. The need :for an alignment of Clark Road. 7. The need for necessary and available sewer capability. Mr. Wagner said that if these concerns could be worked out, the DRC would recommend that the Final Master Plan and Preliminary Subdivision Plan :for Silver Glen PUD be approved. -- John Sundheim, Division Vice President for U.S. Homes, said his company had spent six months to a year with City Staff to arrive at this point and he questioned the reason why the 4 ~ . Page 5 City Commission Meeting October 6, 1987 Staff had not brought up many of these concerns in the past. Mr. Sundheim wanted to clarify a few things for the Commissioners. He said that as for the first recommendation, U.S. Homes had no intention of using a temporary septic system and that the development would be served by the Prima Vista Utilities sewer system. Mr. Sundheim also spoke of the initial agreement that U.S. Homes had made with the City regarding the paving of a certain amount of ClarK Road. U.S. Homes had agreed to pave about 700 feet and upon the City's request to add to that, U.S. Homes approved. But Mr. Sundheim e~plained that his company felt assured that impact fees would pass the State Legislature and now he respectfully requested that the City remove the requirement to pave beyond the entrance to the development, especially since access was not needed on Clark Road for the development. In reference to recommendation 12, the Developer asked to have the City come up with the final required cross-section and alignment of ClarK Road and asked that the City Commission approve the Developer's Plan at least from the Silver Star entrance of the development. e Mr. Sundheim also referred to the DRC's concern that adequate park lands be dedicated. He reminded the Commission that there was a requirement typically aSKed of developers that five percent of the entire property be left for park land. Mr. Sundheim said his company would dedicate everything north of the northern property line of all the lots down by the lake, which included shoreline footage. He requested that the five acre minimum (five percent of the 100 total acres) be modified so that the total acres did not include lake bottom and right-of-way land areas. He said this would leave about 78 acres which would make for a required four acre park land contribution. Mr. Sundheim said that there would be no problem with the storm water management facilities, that they would be in compliance and that the Developer would have no argument with building either the masonry walls or landscaped berms. He concluded by addressing recommendation 19 and requested that to avert confusion, all subsequent charges and conditions 0% approval should be incorporated into the Master Plan rather than the Preliminary Plan. e Mayor Ison responded by saying that the City's biggest concern was Spring Lake and that there should be no retention ponds on the lake side. Mr. Sundheim questioned some of these issues since he had been working with the City for over a year and had never heard of these problems before. Mayor Ison suggested Mr. Sundheim lOOK in minutes of past meetings 5 . Page 6 City Commission Meeting October 6, 1987 ~nd that one of his company representatives had been told by the Commission on more than one occasion that the City's number one concern was the level of the lake and to not ruin it for the residents who now lived there. Because there seemed to be a number of unresolved issues, a Special Session was set for Monday, October 19, at 7 p.m. to address the issue. e Lake Stanley Subdivision - Approval of Final Engineering Plana City Planner Wagner said the City had received final plans for the Lake Stanley subdivision and a~ter receiving them had come up with a list of 11 items to address, some which could be handled administratively. City Engineer Kelley said he had a few items to resolve but they were nothing complicated or out of the ordinary. The City recommended approval subJect to those conditions and said the Developer could begin with model homes on the site. The Mayor said he questioned running the discharge pipe for the retention ponds into the lake (item 5). He said he had seen paper, cans, etc. flowing into lakes with that kind of piping. The item had already been changed to require the pipe to be extended to a spredder swale instead of completely out to the lake. Tom Kelley said the burden for the condition of the lake fell on the engineers - especially the Developer's engineer. Mayor leon said a performance bond is needed to cover any problems in the event the engineers error. City Attorney Kruppenbacher made a note to include this performance bond in future Developer's Agreements. The Mayor also had a concern with the left hand turn on the bad curve on Silver Star Road. Frank Courtney, the Developer of the property, said he had discussed the roadway with engineers at the D.O.T. and they had no concerns. Mr. Courtney agreed to implement items 1-11 into the Final Plan (with #5 as amended). Commissioner Dabbs moved to approve the Final Engineering Plans, with amendments and with the final approval of the City Engineer, Commissioner Johnson seconded, and approval was unanimous. e Request to Close Kindling Court - Discussion Mayor lson asked if there were any citizen comments. Because there was noone there who had signed the petition to close the street, City Manager Ryan spoke on behalf of Mr. Chet Setaram, 499 Kindling Court, who had spoken with Mr. Ryan about closing Kindling Court. Mr. Setaram felt it was unsafe for young children for the street to remain opened since he had witnessed high speed traffic on a regular basis. 6 - . Page 7 City Commission Meeti~g Octe.ber 6, 1987 The streets e.l", either side of Kil",dl il",g COllrt were both cul- de-sacs al'",d he relt that Kil",dlil",g COltrt was ce'l'",structed te. be Ol",e a I se.. Commissioner Bateman said it was built as a cul-de-sac but was later cha~ged. Initially, there was a pump house at the e~d or the street. Commissioner Bateman moved to compromise by buildi~g a crash gate as a mea~s or allowing the road to be closed to through trarric, yet enabling an access ror the Fire Depal"tmel'",t she.uld the I'",eed arise. Commissio!",er Bat erflcil 1', said he had spokeI" with both the pe.l ice and rit~e chiers a!",d they were in agreement with this decisio~. There was ~~ agreemel'",t by the Ce.mmissie.r, te. cle.se Kiy,dlir,g Court as r,oted a~d to have the City Attorney draw up an emerge~cY ordina~ce by the e~d or the meeting. RECESS J 9:30 p. M. CALL TO ORDER: 9,50 p. lB. Public Works Director - Anthony Occhiuzzo e Hidden Glen Subdivision - Acceptance o~ Public IMprovements Public Works Directe.t~ Occhiuzze. said thet~e had bee!", sevet~al improvements done to the subdivision already. Mr. Occhiu~zo said there was only one item lert to do which was reconstrltctioy, e.t' a curb. He suggested though, that the language in the mai~tenance be.y,d be chal'",ged to be (fle.re speci fic, sltbJect to the appl^cN<'il1 or the City Attorney. The be.r,d we'llld be in errect rot-. two years te. ce.mmence e.l'", the day the cltrbi I'",g was ce.mpl eted. /,/h'-'. Dcchiuzzo said he would address the bond cha~ges with City Attorney Kruppenbacher. Commissioner Hager moved to approve the Acceptance or Public Impre.vemel'",ts with the recommel'",ded chal'"'ges, Commissio!"'f.\>r Bateman sece.y,ded, al",d approval was uy,anime.us. Drainage Ditch Cleaning Project - Status Report Public We.rks Directe.t~ Occhiuzzc. said there was a ce.sti!",g analysis being done that would provide the Commission with data to determine how to get the Job done most erriciently. Mayor Ise./", asked he.w mal'"')' or the ditches had beeI', me.wed al",d Mr. Dcchiuzzo said that it was all me.wed re.r now, eveI'", the areas are.und the Ce,ul",ty Ce'ltrthe.use o/", Stor}' Road. e Mayor Ison asked the weeds to keep all the areas. i r it we.uld be better te. them from growi~g rather Mr. Occhiuzze. explail",ed spray something on tha~ having to mow that ir there was 7 - - . Page 8 City Commission Meeting October 6, 1987 water nearby~ chemicals could not be sprayed. Commissioner Johnson asked about the areas around many of the retention ponds that he had seen overgrown. Mr. Occhiuzzo said the new equipment should help alleviate the problem of keeping up with the mowing. The Mayor asked for figures for the ~mount of area to be mowed and the manpower used. Mr. Occhiuzzo said he would present that information at the next Commission Meeting on October 20. Public Hearings and Second Reading. e Ordinance 1011, Annex8tion M8xim 8uilding Corp. Mayor Ison opened the Public Hearing and City Manager Ryan read the ordinance by title only. The ordinance would approve the annexation of a 2.2 acre parcel located at the northeast corner of Marshall Farms Road and State Road 50. The Staff recommended that the Commission act favorably on this ordinance and felt that the annexation of this property would encourage neighboring property owners in this area to annex into the City as well. Michael Slater of Cardinal Industries spoke on behalf of the company that wants to develop the land. Commissioner Bateman moved to approve Ordinance 1011~ Annexation Maxim Building Corp., Commissioner Hager seconded, and approval was unanimous. Ot.her 8u.ine.. Approval ox Contract with Public Financial Management. City Manager Ryan explained that the City was preparing to enter into financial dealings and was proposing to enter into a contract with Public Financial Management (PFM). Mr. Ryan said the contract had the approval of City Attorney Kruppenbacher. Commissioner Johnson questioned why the contract was for two years instead of one. City Manager Ryan explained that financing was typically not finalized in one year. Mr. Ryan said, though, that there was a 30 day cancellation clause in the contract if the City decided to end the contract. Commissioner Dabbs moved Commissioner Johnson seconded, to approve and approval the contract, was unanimous. - Re.olution 87-10, Aut.horizing 1987 Public Improvement Bond. Mayor Ison said the bonds would be enacted on October 20 and asked the Commissioners to read the document through and City 8 . Page 9 City Commission Meeting October 6, 1987 Attorney Kruppenbacher asked that if there were any to be made, that the Commission let him know as possible because they would need to be sent to counsel in Tallahassee. changes soon as the bond Chuck Rosenthal, consultant for PFM, addressed the Commission and explained the options for possible revenues to use to get into the market. Mr. Rosenthal said the local option gas tax and franchise fees would provide for 1.78 percent coverage. He said that would probably be sufficient since the bond market usually requests 1.35 percent. He said if the gas tax grows in the future, then franchise fees would not need to be included as pledged revenues. He also stressed to the Commission the benefits of getting into the market as soon as possible. Eric Anderson of Drexell-Burnham, addressed the Commission on obtaining insurance to get into the market. Mr. Anderson said the City would probably obtain an A rating, but that with insurance, it could probably get a AAA rating. He said the City would have three years to spend any money it got through the market and could earn up to $5 million. e COMMENTS FROM CITIZENS/PU8LIC Mrs. McRobert, 611 Spring Street, addressed the Commission about the trailer that was allowed to be placed in the yard next door, even though the house w~s still standing. Mrs. McRobert said the property owner was first granted a trailer variance in 1978 and that she had appeared before the Commission a few times in the past to obJect to this. She said there was a trailer park behind the property and that was were the trailer belonged. Mrs. Sabat also addressed the Commission to say she obJected to the trailer being there and to the fact that a variance could be granted after an ordinance had been passed to prevent such a thing from being allowed to happen. Mrs. McRobert said that a Mrs. Sue Phillips who could not attend the meeting, also obJected. Mayor Ison asked Public WorJ<s Director Occhiuzzo to look back in past minutes and find the meetings where this was discussed. City Attorney Kruppenbacher strongly recommended against the City granting variances for ordinances. He questioned whether it was a legal process to change or make exceptions to an ordinance once it was passed by the Commission. e Mayor Ison said that the variance was up for renewal in December and that this issue would be placed under Old Business for the first Commission Meeting in December. 9 . Page 10 City Commission Meeting October 6, 1987 John Denig. 29 W. McKey Street, owner of the Donut Shop, addressed the Commission to find out if McKey Street could be closed to traffic on the night of October 31 so that he could sponsor a Halloween Jamboree Party for residents of the City. Mr. Denig said he wanted to give the party in appreciation to the City. He said it would take place on the grounds of the Donut Shop, that there would be no charge. and that there would be live music. prizes. and refreshments available. Chief Boyd said that the City would need County and State permission to close the road and that there would need to be parking provided. It was decided that it would be easier to have the party at the Ocoee Community Center so that McKey Street would not have to be closed to traffic and there would be ample parking. Mr. Denig said he was still willing to sponsor the party and it was agreed it would begin at 6 p.m. NEW 8USINESS e Approval of Contract for Or~nge Count.y Public School Liason Program City Manager Ryan said there were no changes from the continuing program and that he recommended approving the contract. Commissioner Hager moved to approve, Commissioner Dabbs seconded. and approval was unanimous. Aut.horization Reque.t for Propoaal (RFP) for Clark Road Alignment. and St.udy City Manager Ryan requested permission to issue an advertisement for proposals. Commissioner Bateman supported the recommendation and suggested that the City decide where it would go. Mayor Ison said the City would need to get with the East/West Expressway Authority if the City was going to align with the new extension. It was agreed that the City Staff would write the RFP and place it for advertising. Authorization for Vacation Pay Set.tlement. e City Manager Ryan explained that the benefits h6d not changed as far as amounts and that it was Just a new way of handling them. The new policy would require employees to take vacations and would only allow them to accrue a certain amount of unused time. City Manager Ryan said the money to buy back unused vacation time should come from the unappropriated cash reserves. After this initial payoff to employees, there would be a maximum amount of one year vacation allowed to be carried over from one fiscal year to the next. 10 J . Page 11 City Commission Meeting October 6, 1987 Commissioner Bateman moved to approve the vacation p~y settlement, as long as it is on a no-loss basis to the City, Commissioner Dabbs seconded, and approval was unanimous. St.ate Comprehensive Commissioner Dabbs application from Commissioner Bateman Plan Grant. Fund moved to approve an S18,000 grant the State Comprehensive Plan Fund, seconded, and approval was unanimous. REPORTS AND INFORMATION - CITY MANAGER City Manager Ryan had no reports other than the Follow-up Agenda. CITY ATTORNEY City Attorney Kruppenbacher read the entire emergency ordinance he had written to close Kindling Court at Adair Street. Commissioner Johnson moved to approve the ordinance, Commissioner Bateman seconded, and approval was unanimous. e City Attorney Kruppenbacher said he had also contacted Mr. Ronald Stucki's attorney to request a list of the issues that Mr. Stucki had with the City in order to clarify some of the material the City wae receiving from him. City Attorney Kruppenbacher also suggested that the City have an ordinance that would outlaw the carrying of guns in any public place. He said he would try to draft the ordinance in time for the Public Hearing on October 13 at 7:30 p.m. regarding Prima Vista Utilities. COMMENTS FROM COMMISSIONERS Commissioner Hager had no comment. Commissioner Bateman asked about the piping that the City was allowing Developers to use in setting up water systems. He said he had seen a lot 0% broken pipes and that he questioned whether the pipes were in compliance with standards set by the City. Commissioner Bateman also congratulated Mayor Ison and Commissioner Hager for going unopposed in their reelection bids. Commissioner Dabbs also congratulated Mayor 1son and) Commissioner Hager. He also asked about the memo from City Clerk Catron about the new telephone company but was assured that it would not a~fect any customers in our area. e Commissioner Johnson said he had discussed the probleM of 11 . Page 12 City Commission Meeting October 6, 1987 trucks and trailers being parked in areas that were not zoned for such with Chief John Boyd. He said that the problem needed to be addressed before it got any worse. Mayor Ison said he had inadvertently left out Item C on the Consent Agenda and that he needed to do the iirst reading on it. The Mayor said there were a lot of problems with the way the ordinance was written and the way the occupations were listed. He suggested that he Staff rewrite the list of occupations using the telephone book as a reference. City Planner Wagner addressed the Commission about a variance that was requested by Maxim Building Corp. The Company had asked that the setback be altered so that they could save an old tree. Mr. Wagner said he had spoken with Attorney Linda Barnby and that she explained that trees were not a variance type article. Mr. Wagner said the City worked very hard to keep the setbacks and that the Staff opposed a variation to the requirement. The Attorney stressed that approving variances to ordinances was not a good practice. e Mayor Ison wanted to comment on the reason he believed that he had no opposition for his reelection bid. He believed that the City Staff and his fellow Commission members had built such a good team that the citizens of Ocoee were pleased with the way the City was being run and that this was their way of saying that they felt the City was doing a good Job. The meeting adJourned at 12:10 a.m. :'lL J2 J~ e 12