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HomeMy WebLinkAbout03-18-86 MINUTES OF THE REGULARLV SCHEDULED CITY COMMISSION MEETING HELD MARCH 18_ 1986 e PRESENT: Mayor Ison, Commissioners Rodgers, Bateman, and Hager, City Attorney Kruppebacher, City Manager Grixfin, City Clerk Catron, Building O~~icial Gerace, and City Planner Wagner. ABSENT: None. CALL TO ORDER Mayor order prayer Ison called the regular City Commission meeting at 7:55 p.m.. Comm. Hager then led those present and to the Pledge ox Allegiance to the Flag. to in PRESENTATIONS AND PROCLAMATIONS Mayor Ison stated the minutes o~ the Planning and Zoning meeting ox February 11, 1986, were xor inxormation only. - Mr. Bill Cowles was not able to attend the meeting to address the Commission on sustaining the membership and application xor the Boy Scouts, although Mr. John Semer was present in his place. Mr. Semer thanked the Commission for their xinancial support in the past, and asked the Commission for their consideration ox a donation presently. Comm. Rodgers moved to approve $500.00 donation to the goy Scouts, Comm. Bateman seconded, and the vote carried unanimously. CONSENT AGENDA e Comm. Hager requested that item 'D' be pulled from the Consent Agenda. Comm. Hager then moved to approve items 'A', 'B', and 'c' ox the Consent Agenda, Comm. gateman seconded, and the vote carried unanimously. The items approved were: A. Regular Commission Meeting Minutes ox March 4, 1986 B. Proposed Ordinance annexation Heller Brothers Property, First Reading: and C. Proposed Ordinance annexation Sylvestri Property, First Reading. Mr. Grixxin read the proposed Ordinance annexing Heller Brothers property by title only, and Mr. Wagner pointed the property out on the map. The second reading will be held on 5-6-86. The property is located south ox the turnpike, on the west side ox Magu~re Road. Mr. Grixxin then read the title ox the proposed Ordinance annexing the Sylvestri property, and stated the second reading will be held 5-6-86. This property is located west ox Forest Oaks, north of A. D. Mims Rd, and is currently zoned PUD. Comm. Rodgers requested that someone be present who represents Sylvestri property at the next meeting, and staxx to do some investigating on the property. Comma Hager stated they received three drafts of the proposed Ordinance providing utility tax on water service. Comm. Hager thought the subJect matter should be put to a workshop 15 minutes 1 e CITY COMMISSION MEETING MARCH 18, 1986 PAGE 2 before the meeting. Comm. Rodgers moved to table the proposed Ordinance until further notice. Comm. Hager seconded, and the vote carried 2 to 1 with Comm. Rodgers and Comm. Hager voting yeh, and Comm. Bateman voting ney. OL.O 8USINESS SPECIAL. STAFF REPORTS - CITY ENGINEER Mr. Kelley reported that the proJect on Spring Lake Circle will begin within the next several days and it was his understand1ng that PEe was supposed to oversee the proJect. Comm. Hager felt this was a good idea. Since the City lS overexpended on Engineering Fees, Comm. Rodgers asked if we have an in-house employee who could oversee the proJect. Mr. Griffin stated we do not have an in-house engineer. The Commission decided to have PEC oversee the proJect. e Comm. Rodgers asked Mr. Kelley if the inspectors for PEC went out to Job sites, for instance, Harbour Highlands II, and delayed a project to get more information. or to get authorization from someone else. Mr. Kelley stated his firm works very closely with the developers and if there 18 a problem he suggested having a meeting at City Hall with Harbour Highlands II, their engineer, and staff w1th invoices, reports of their inspections, and other lnformatlon. Mr. Kelley said he knew there was a problem with the grade at Harbour Highlands II. Mr. Kelley stated the City would be invoiced for such a meetinq and in turn the City bills the developer. Mr. Julian wanted to ask Mr. Kelley some questions. Mayor Ison stated the quest10ns would have to wait so they could continue with the agenda and Mr. Kelley and Mr. Julian could schedule a meeting later to discuss the matter. CITY PLANNER - REPORT ON REQUEST OF ZONING INTERPRETATION L.IMARAN II Mr. Kruppenbacher and Mr. Wagner recommended the flea market be zoned under C-3; Special Exception. The intended use in their opinion is best suited under the Special Except.ion. with consideration to traffic, lighting, etc.. Comm. Rodgers moved to refer this subJect matter to the Board of Adjustment next, Comm. Hager seconded, and the vote carried unanimously. The Special Exception will give the City better control over the project and an Occupational License fee will have to be paid by each business, not as a whole. The representative of Limaran II stated he had no problem with the fees. e :2: e CITY COMMISSION MEETING MARCH 18. 1986 PAGE 3 ELECTION RESULTS At this time, Mayor They were as xollows: Ison announced the Rusty Johnson Gary CaJ:'roll Sr John Linebarier Shirley Turner Jim Gant election results. 170 145 134 79 18 There were a total ox 546 votes cast. Mrs. Catron, City Clerk stated there were 11 absentee ballots to be counted. A run-oxx Election will have to be held since no candidate received a maJority ox votes. The absentee ballots will be counted at the Canvassing Board meeting on 3-19-86 at 12:00 in the Community Center. Mayor Ison then called xor a short recess at 8:30 p.m., the meeting was called back to order at 8:32 p.m.. PUBLIC HEARINGS - SECOND READINGS ORDINANCE 868, SPACES AMENDING ORDINANCE 710, INCREASING PARKING e Mr. Kruppenbacher read the Ordinance by title only. Mayor Ison then opened the xloor ~or citizens comments. There were none. This Ordinance will increase the present parking from 1.5 per residence to 2.25 per residence. Comm. Bateman moved to approve this Ordinance, Comm. Hager seconded, and the vote carried unanimously. ORDINANCE 869. REZONING. FIRST BAPTIST CHURCH OF OCOEE . Mr. Griffin read the Ordinance by title only and stated the church was located at the corner of Kissimmee and Ohl0 Streets. They have requested the rezoning in order to hav~ a daycare xacility in the school portlon ox the church. At this time, Mayor Ison opened the floor to citizens comments. Mrs. Betty Hager, Orange Ave., asked how many children they were planning on having, their hours o~ operation, and the ages ox the children. Mr. Jimmy Moore and Alxred Luck, 227 E. Story Rd. Winter Garden, were presen~ to represent the church. They stated the pastor had to unexpectedly go out of town, and unxortunately they did not know the answers to all ox Mrs. Hager's questions. The ages o~ the children would be from 9 months to preschool age, their hours xrom 6:30 a.m. to 6:00 p.m.. xive days a week. Mrs. Hager stated the amount of space they have available is a xactor in determining how many children they will be allowed to keep. Mr. Bruce Beatty, 311 Hormigas St., asked what they were rezoning to. Mr. Griffin 3 . CITY COMMISSION MEETING MARCH 18, 1986 PAGE 4 stated they were rezoning from R-IA to k-2, because a daycare is a permitted use under R-2. Comm. Bateman moved to table the subJect matter until Mrs. Hager's questions can be answered, Comm. Hager seconded the motion. Atty. Kruppenbacher stated that if they continued the matter to the next meeting date, they would not have to readvertise for a Public Hearing. Comm. Rodgers requested the motion state the subJect would be tabled until the question of the rezoning process be answered also. Comm. Bateman amended his nlot10n to read, the subJect will be tabled until Mrs. Hager's questions can be answered, the question on the rezoning process be answered, and the subJect shall be continued on the next regular meeting agenda. Comm. Hager seconded the amendments, and the vote carried unanimously. Mayor Ison told the parties representing the church to be prepared to answer the questions at the next meeting, and if they do, there will be no additional advertisement fee. Mayor Ison also requested they answer Mrs. Hager's questions in written form. PUBLIC HEARING - CABLEVISION MERGER AND RESOLUTION 86-5 e Mr. Ralph VanDeMark, 1001 Kimball Dr., Chief Technician for Cablevision, stated the merger was basically a name change. Mr. VanDeMark assured the public there would be no other changes. Comm. Rodgers moved to approve Resolution 86-~, Comm. Hager seconded, and the vote carried unanimously. Mr. Griffin read the Resolution aloud. OTHER BUSINESS NAME CHANGE OF OLD WINTER GARDEN ROAD EXTENSION Mr. Griffin explained that the suggestion wae to change the name to "Professional Parkway". Comm. Rodgers moved to approve the name "Professional Parkway", Comm. Hager seconded, and the vote carried unanimously. A citizen asked at what time the signs would be changed. Mr. Griffin could not answer at this time, as signs have to be ~rlnted. TRAFFIC ENFORCEMENT COMPLAINT WURST RD., G. WORKMAN II Mr. Workman II was not present therefore the Commission did not address his complaint as it was addressed at the last regular meeting. Mr. Workman II was not present at that meeting either, he said he was told the meeting wae held on Thursday. This is the reason the complaint was agendaed again. e 4 . CITY COMMISSION MEETING MARCH 18. 1986 PAGE 5 UPDATE ON WESTERN EXTENSION/TURNPIKE CONNECTOR OF EXPRESSWAY - A. HULL E/W Mr. Ralph Bove', PEC, and Mr. John Ditmar, Director of Orlando Expressway Authority, were presenL La discuss the extension o~ the E/W Expressway. Originally they had eleven dif~erent alignments for the extension, and they have narrowed these down by numerous considerations. They will recommend the route, 'DEL' to the authority ~or the extension to the EJW expressway. This route runs south and parallel of Hwy. 50, to Citrus Hill where an extension runs south and west to the Turnpike and another extension runs north to Hwy 50. A public hearing and in~ormation input meeting will be held on 4-3-86 at 7:00 p.m. at the Tabernacle Church on West Colonial Drive in Orlando. They beleive the extension will be finished in late 1989 or 1990. Mayor Ison commended the E/W expressway authority. COMMENTS FROM CITIZENS/PUBLIC e Mr. Alton Julian, developer of Harbour Highlands II, stated he had to ask Mr. Kelley some questions. Mr. Julian stated he tried to get someone ~rom PEe to call him ~or ~our days, and ~inally someone did. Mr. Kelley stated they try to work very closely with Mr. Julian and the other developers and if Mr. Julian has a problem he would like ~or him to call and they would work it out. NEW BUSINESS DISCUSSION/APPROVAL OF PLAN AMENDMENT SCHEDULES The Commission agreed with the Planning and Zoning Board, who recommended dropp~ng step 'C' of the document entitled, "Annexation Petition Procedure/Schedule" with a beginnin9 date o~ April 29, 1986. The Commissioners agreed they want to keep the Planning and Zoning Board as active as they can. Mr. Wagner submitted two sets of plans for the annexation petition procedure/schedule for the Commission to consider. The beginning dates were April 29, 1986 on one and March 25, 1986 on the other. The Commission decided to adopt the April 29, 1986 schedule as people will have more time to petition the City to annex. Comm. Rodgers moved to approve the April 29, 1986 schedule ~or annexations, and the kezoning ~etition Plan Amendment Procedure Schedule ~or the date beginning June 3, 1986. Comm. Bateman seconded, and the vote carr led unanimously. Mr. Wagner felt we should give publiC nOLlce. Advertisements will be placed in both the 1imee and the Sentinel Star newspapers. . c .-, . CITY COMMISSION MEETING MARCH 18, 1986 PAGE 6 SPECIAL EXCEPTION JOHNS PROPERTY, REV. BURGESS Mr. Bruce Beatty. Chairman of the Board of Adlustment. reported that the Board approved the Special ~xceptlon subJect to a 25' buffer around the perimeter of the property. and that they start construction three years ~rom the closlng date on the property. Comm. Rodgers moved to approve the Special Exception subJect to the recommendatlons by the Board of AdJustments. Comm. Hager seconded and the vote carried unanimously. Rev. Burgess. Pastor of Glad Tidings Assembly of God, expressed appreciation for the fact that the City's meetings are started with a prayer. Mayor Ison requested the Auditors Report be placed agenda at this time. on the AUDITOR~S REPORT FISCAL YEAR END 85/86 e Mr. Eldon McDirmit. McDirmit. Davis and Company. was present to give the year end report for fiscal year 85/86. Mr. McDirmit stated the City is in very good financlal conditlon. Unfortunately the report does not give the City credit or even mentions the good things which the City has completed during that year. Mr. McDirmit stated their recommendatlons to the City. which were as follows: 1. Cancellation of all invoices. 2. The accounting dept. should review inVOlces coded by dept. supervisors to insure proper classificatlons. 3. In accordance with the City Charter, the City Manager is to submit a five-year capital program for the City listlng all captial improvements which are proposed to be undertaken during the next five years ~ncluding cost estimates method of financing, Justification. and recommended time schedules. 4. The City had excess expenditures over the budget ln the general fund for the fiscal year ended of $478.260. According to state statutes. it is unlawful ~or a government to expend funds except in pursuance of appropriation made by law. Mr. McDirmit stated the City must draft a Resolution identifying the responses for the identified problems. Comm. Bateman moved to authorize Mr. Griffin to draft the resolution containing the explanations of the problems stated. Comm. Hager seconded, and the vote carried with Comm. Bateman and Comm. Hager voting yeh. and Comm. Rodgers voting ney. REPORTS AND INFORMATION - CITY MANAGER e Mr. Griffin stated they have not received the 'as built' plans for the Forest Oaks Water Plant. as requested. Staff has received the schematics for the plant. although the plans do not reflect what is actually installed. Mr. Kruppenbacher 6 n._. e CITY COMMISSION MEETING MARCH 18. 1986 PAGE 7 stated the City should proceed very cautiously. Mr. Gri~~in announced that Mr. Jim Beech has been nominated to receive the 'Greater Orlando Award' on 3-26-86 at 11:45 at the Sheraton Hotel by the Maitland Exchange. Mr. Gri~fin stated Comm. Bateman nominated Mr. 1'om 5limm1ck for the Damage Rewards Board. The Commission agreed, if Mr. Slimmick accepts. Mr. Griffin reminded the Commission of the Canvassing board meeting at noon on 3-19-86 in the Ocoee Community Center to officially count the absentee ballots and swear in the winner. FOLLOW UP AGENDA Atty. Lang amendment. is working on the rework for the 1axi Cab The Lyle Street Maintenance Map/Resolution 86-03 was until the meeting on 4-1-86. tabled We will address the Pension Plan tonight. e Interpretation of the zoning code in reference to the market and Limaran II was addressed this evening. flea Copies of the resolution needed per Commission action approving the CD's be renewed with a 12 month time frame at best possible rate were given to the Commission. The public hearing has been addressed this evening reference Cablevision merger. The Merit System Board has met per Comm. the nepotism clause. Rodgers to drSCUBa Commission will address and interviewing o~ the ton~ght. how they want to handle the revr8wing possible City Manager applrcants Staff has come back with a recommendation for a name tor "Old Winter Garden Road Extension" and was acted upon tonight. City Manager Griffin has addressed the ~orest Oaks Plant, which is on hold until approximately 4-15-86. Water . The First Reading o~ the Utility Tax Ordinance was this evening. tabled 7 e CITY COMMISSION MEETING MARCH 18, 1986 PAGE 8 CITY ATTORNEY Mr. Kruppenbacher stated the Merit System Board recommends the City change the nepotism rule. They recommend the City hire no one who is related in any way to a present employee of the City of Ocoee. If an employee is subsequently related to another employee, for example, by marriage, both employees can continue to work for the City subJect to both of the supervisor(s) of the employees and the City Manager approve, secondly, neither employee is in a supervisory position over the other, and thirdly, one employee be transferred to another department. Mr. Kruppenbacher stated the Board had a lot of discussion on the subJect. Mr. Kruppenbacher checked with the attorney dealing with the pension plan and he recommended we adopt the plan by Ordinance. Mr. Kruppenbacher advised if the CommiSSion wanted to act upon the item tonight they could amend the agenda with a motion, then move to act on the plan. Corom. Bateman moved to amend the agenda and place the proposed Ordinance to adopt the Pension Plan on the agenda for its first reading. Motion died for lack of a second. Mayor Ison requested the item be placed under 'New Business' on the next regularly scheduled meeting. e APPOINT ACTING CITY MANAGER . Mr. Kruppenbacher urged the Commission to appoint an Acting City Manager prior to Mr. Griffin leaving on 4-4-86. The Commission asked Mr. Griffin for a recommendation. Mr. Griffin stated he did not feel it was his place to make such a recommendation. Comm. Rodgers did not want to wait until the next regular meeting on 4-1-86 to appoint an Acting City Manager. Comm. Rodgers stated he has a lot of respect for City Planner Russ Wagner and he is concerned as this is a critical time for the City, therefore Comm. Rodgers asked MI. Wagner if he would take the responsibility. Mr. Wagner felt his position as City Planner was going to keep him very busy, and he didn't feel he could handle both responsibilities. Mr. Wagner stated he would like to help he City, although he would prefer it if they could find another person to take the position. Camm. Bateman stated he asked someone who 'flat' refused the responsibility. Comm. Bateman stated that he apposed having a current employee step into the Acting City Manager position unless that person was going to pursue that field. Mr. Wagner stated he had no intention of purSUing a City Manager's position as his career. Mayor Ison stated he would consent to a hold harmless agreement ror the Actlnq City Manager. Comm. Bateman suggested checking with the Florida League of Cities to see if there was a retired Clty Manager who would take the temporary position. Mr. Wagner 8 e CITY COMMISSION MEETING MARCH 18. 1986 PAGE 9 also expressed concern that the temporary position was not for a specified length of time. If the Commission does not find a suitable candidate for City Manager, he would etlll remain Acting. The Commiseion instructed Mr. Griffin to check with the Florida League of Citiee and report back to the Commission. Mayor Ison then called a Special Session to discuss thlS subJect matter on March 25, 1986 at ;:00 p.m.. DISCUSSION OF MANAGER SELECTION PROCESS Mayor Ison stated they have received several resumes, which are being collected through the City Clerk and then passed to the Commission. The Commission decided they would like to interview the applicante individually. Mayor leon asked how the Commiesion felt about reimbureing for the applicants travel expensee. Comm. Hager stated if they want the Job they can pay for the expenee. The cut off date for resumes is 4-4-86. The Commiseion decided to screen the applicatione on 4-8-86 at 7:00 p.m.. Mr. Griffin reminded the Commission that they had a Joint meeting with the Planning and Zoning Board on 4-8-86 at 7:30 p.m.. On 4-12-86, 9:00 a.m., the Commission will interview the applicante in 30 minute increments. e COMMENTS FROM COMMISSIONERS There were no comments from any of the Commissioners. ADJOURNMENT The meeting adJourned at 11:00 p.m.. _~ll_L___- MAYOR ISON ATTEST: DEPUTY CLERK LOULOUDIS . 9