The URL can be used to link to this page

Home My WebLink About11-18-86 MINUTES OF CITY COMMISSION MEETING HELD NOVEMBER 18. 1986 . PRESENT: Mayor Ison; Commissioners Johnson, Dabbs, Bateman, and Hager; City Manager Ryan, City Attorney Kruppenbacher, City Planner Wagner, City Engineer Kelley, City Engineer Merkle, Water Superintendent Cockrell, Building Official Hurst, City Clerk Catron, and Deputy Clerk Green. ABSENT: None. CALL TO ORDER - MAYOR ISON Mayor led in flag. Ison called the meeting to order at 7:35 prayer and the Pledge of Allegiance P.M., to and the PRESENTATIONS AND PROCLAMATIONS . Mayor Ison proclaimed a "Towne Square Merchants Appreciation Night," and introduced those merchants who were present. Towne Square businesses represented were: Fantastic Sams, Roslyn Guilbeault C & S Packaging & Shipping, Steve Herstich McDonalds, Tim Blair, Area Supervisor Classic Phones, Brenda Dunaway Spas Plus, Gary Netwal Mayor Ison and all the Commissioners welcomed the to the community and expressed gratitude contributions they will make to the quality of life residents. merchants for the for Ocoee Mayor Ison announced a meeting of the State Historical Society Board in Tallahassee on Friday, November 21st, at 10:00 A.M.. The Mayor, Commissioners, City Manager, and members of the Ocoee Historical Commission plan to attend to request the addition of the McGuire-Withers Home to the National Historic Monument listing. RECESS: Mayor Ison Commissioner Dabbs recess. rquested a recess was sworn in by Mayor at Ison 7:57 P.M.. during the CALL TO ORDER: Mayor Ison called the meeting back to order at 8:05 P.M.. APPROVALS - CONSENT AGENDA . Commissioner Dabbs moved to approve all items on the Consent Agenda, Commissioner Hager seconded, and the motion carried unanimously. Items approved were as follows: A - Regular Commission Meeting Minutes of November 4, 1986; B - Special Session Commission Meeting Minutes of November 5, 1986 (Canvassing Board); C - Windermere Fire Contract; D Reappointment of Joe Marbais to Code Enforcement Board; and 1 ~ - Page 2 City Commi..ion Meeting November 18. 1986 E - Permission to pay from General Services Fund an Unemployment Trust Fund Expense. OLD BUSINESS A. SPECIAL STAFF REPORTS CITY ENGINEER DEVELOPERS AGREEMENT WITH FOREST OAKS City Engineer Kelley requested that this item be deferred to the next agenda to allow opportunity for further work with the Developer. CITY MANAGER e INTERLOCAL AGREEMENT WITH ORANGE COUNTY FOR RESERVE PLANNING AREA City Manager Ryan explained that this document is essentially the same as the agreement between the County and the municipalities of Winter Garden and Windermere. Commissioner Johnson moved to approve the Interlocal Agreement, Commissioner Dabbs seconded, and the motion carried unanimously. DISCUSSION OF POSSIBLE CONDEMNATION OF M & M UTILITIES City Manager Ryan reported that a review of city and county records since January, 1984, revealed twelve safety deficiencies, six improper discharges of waste water, and three incidents of sewage overflows. Mike Minton has owned and operated the sewer plant serving Pioneer Key Parks I and II for two and one-half to three years. Mayor Ison warned Mr. Minton that drastic improvements must be made and the plant operated properly or the City would continue to consider condemnation. After some discussion, Mr. Minton agreed to install an alarm system to detect malfunctions, to establish a 24-hour telephone line for customers, and to improve routine maintenance. Mr. Ryan stated that City Staff members will be monitoring the operation of the plant and would take immediate action if another breakdown in the plant is not promptly fixed. REVIEW AND DISCUSSION OF CITIZEN COMPLAINTS - PRIMA VISTA UTILITIES City Manager Ryan reported Mr. Jerry Sims had withdrawn his request for an Administrative Hearing for Prima Vista Utilities proposed expansion, and that Staff is in process of securing an engineer to do the geo-technical study. . Mayor Prima Ison announced that a meeting with representatives of Vista Utilities will be held for all interested 2 e Page 3 City Commiaaion Meeting November 18. 1986 citizens in the Community Center on Wednesday, December 3rd at 6:00 P.M.. At this public hearing the representatives will explain their plans for expansion and answer questions about it. The Mayor requested that adJacent property owners be notified about the hearing by mail. The Mayor reaffirmed that a meeting for Prima Vista area residents with federal representatives concerning their FHA financing problems is still planned but not yet scheduled. Romeo Paquette, of 1705 Leslie Ann Lane, Bill Webb, of 1702 Leslie Ann Lane, and Dennis Gillard, of 606 Spring Lake Drive stressed that the FHA problems were of great concern to them. Mayor Ison suggested that area residents gather information about the number of loans granted in the area in the last four years, and promised to notify area neighbors when the meeting is arranged. CITY PLANNER e HARBOUR HIGHLANDS VILLAGE PHASE I & II - PRELIMINARY SUBDIVISION PLANS REVIEW City Planner Wagner reported that the developer has complied with all staff comments and he recommended that the Mayor and Board of Commissioners approve the Preliminary Subdivision Plans subJect to the DRC Report. He further recommended that they direct City Staff to forward the recommendations to the County with the understanding that the proJect will be served with City water and subsequently annexed subJect to the conditions outlined therein. Owner/Developer Chip Headley, of 135 West Central Boulevard - Orlando, confirmed that he agreed to the annexation and looked forward to being part of the City of Ocoee. Commissioner Bateman moved to approve the Preliminary Subdivision Plans and to send the appropriate documents to Orange County. Commissioner Johnson seconded, and the motion was approved unanimously. e PRAIRIE LAKES P.U.D. - PRELIMINARY MASTER PLAN REVIEW City Planner Wagner reported that though most issues have been resolved in this plan, road improvements and the overall character of the development require further study. Warren Williams, attorney from Orlando, and Scott Henderson, representing the developer, presented an overview of the planned development. Mr. Wagner recommended that the Commissioners take no action at this meeting except to schedule a Workshop Session for further review of this plan. All the Commissioners agreed, and a Workshop and Special Session were tentatively set for December 4, 1986, beginning at 5:30 P.M. and 6:30 P.M. respectively in the conference room in City Hall. RECESS: The Mayor requested recess at 9:25 P.M.. 3 - . Peg- 4 City Commission Keeting November 18~ 11986 CALL TO ORDER: The Mayor called the meeting back to order at 9:55 P.M.. B. PUBLIC HEARINGS AND SECOND READINGS Upon the recommendation of City Attorney Kruppenbacher, Commissioner Bateman moved to approve the Second Reading of Proposed Ordinances #925 through #933 prior to the Public Hearings. Commissioner Johnson seconded, and the motion carried unanimously. City Manager Ryan read the proposed ordinances by title only. DEVELOPERS AGREEMENT~ WESCAR REZONING - ORDINANCE .92~~ WESCAR REZONING Mayor Ison opened the Public Hearing for the proposed ordinance. Dave Outlaw, who was representing the developer, agreed to the Developers Agreement along with changes made by the City Engineer and Staff. There being no further comments, the Public Hearing was closed. Commissioner Dabbs moved that Ordinance #925 be approved subJect to the execution of the Developers Agreement, Commissioner Hager seconded, and the motion carried unanimously. e DEVELOPERS AGREEMENT~ LAKENDON REZONING - ORDINANCE *926~ LAKENDON REZONING Mayor Ison opened the Public Hearing for the proposed ordinance. Loretta Parrish, as one of the Developers, requested consideration of this ordinance be delayed to the next meeting to allow the applicants time to clarify the effects of Staff changes of the Developers Agreement. There were no further comments, so the Public Hearing was closed. Commissioner Bateman moved to approve continuation of Lakendon Rezoning and Public Hearing until the December 2, 1986, meeting, Commissioner Hager seconded, and the motion carried unanimously. The City Attorney noted for the record that no one left the room prior to the Commissioners' action. ORDINANCE #927, U.S. HOMES CORP/STORY PROPERTIES REZONING Mayor leon opened the Public Hearing for the proposed ordinance. John Seitz, the Developer, noted thMt the preliminary master plan had already been approved and that the Developers Agreement would be presented at the time of subdivision. There being no further comments, the Public Hearing was closed. Commissioner Johnson moved to approve the proposed ordinance, Commissioner Bateman seconded, and the motion was approved unanimously. . DEVELOPERS AGREEMENT, W. C. DAVIS REZONING - ORDINANCE *928~ W. C. DAVIS REZONING Mayor Ison opened the Public Hearing on the proposed ordinance. There were no comments, so the Public Hearing was 4 . Page ~ City Commission Meeting November 18. 1986 closed. Commissioner approved subJect to Agreement, Commissioner unanimously approved. Dabbs moved that Ordinance #928 be the execution of the Developers Johnson seconded, and the motion was DEVELOPERS AGREEMENT, HELLER REZONING - ORDINANCE #929. HELLER REZONING Mayor Ison opened the Public Hearing on the proposed ordinance. Glenn Jackson, representative of the Developer, agreed to the Developers Agreement along with changes made by the City Engineer and Staff, and also a language change from "within two years :from the date o:f this Agreement," to "within two years from the date of completion of construction." There were no :further comments, so the Public Hearing was closed. Commissioner Hager moved to approve Ordinance #929 subJect to the execution o:f the Developers Agreement as amended by the language change noted above. Commissioner Johnson seconded, and the motion carried unanimously. e DEVELOPERS AGREEMENT. HELLER REZONING - ORDINANCE #930. HELLER REZONING Mayor Ison opened the Public Hearing for the proposed ordinance. Glenn Jackson, representative of the Developer, agreed to the Developers Agreement along with changes made by the City Engineer and Staff, and also a language change from "within two years from the date of this Agreement," to "within two years from the date of completion of construction." There were no further comments, so the Public Hearing was closed. Commissioner Bateman moved to approve Ordinance #930 subJect to the execution of the Developers Agreement as amended by the language change noted above. Commissioner Dabbs seconded, and the motion was unanimously approved. . DEVELOPERS AGREEMENT. HELLER REZONING - ORDINANCE #931. HELLER REZONING Mayor Ison opened the Public Hearing on the proposed ordinance. Glenn Jackson, representative of the Developer, agreed to the Developers Agreement along with changes made by the City Engineer and Staff, and also a language change from "within two years from the date of this Agreement," to "within two years from the date of completion of construction." There were no further comments, so the Public Hearing was closed. Commissioner Bateman moved to approve Ordinance #931 subJect to the execution o:f the Developers Agreement as amended by the language change noted above. Commissioner Hager seconded, and the motion carried unanimously. 5 Ie Pag_ 6 City Commission Meeting November 18, 1986 DEVELOPERS AGREEMENT, FERDINAND REZONING - ORDINANCE _932, FERDINAND REZONING Mayor Ison opened the Public Hearing on the proposed ordinance. Dr. Robert Ferdinand agreed to the Developers Agreement along with the changes made by the City Engineer and Staff. There were no comments, so the Public Hearing was closed. Commissioner Johnson moved to approve Ordinance #932 subJect to the execution of the Developers Agreement, Commissioner Dabbs seconded, and the motion carried unanimously. DEVELOPERS AGREEMENT, FERDINAND REZONING - ORDINANCE _933, FERDINAND REZONING Mayor Ison opened the Public Hearing on the proposed ordinance. Dr. Robert Ferdinand agreed to the Developers Agreement along with the changes made by the City Engineer and Staff. There were no further comments, so the Public Hearing was closed. Commissioner Bateman moved to approve Ordinance #933 subJect to the execution of the Developers Agreement, Commissioner Hager seconded, and the motion carried unanimously. e ORDINANCE *934, PERSONNEL RULES AND REGULATIONS City Manager Ryan read the proposed ordinance by title only and explained that this ordinance is a merging of Ordinances #821 and #856 and deletes the Merit Board. Mayor Ison opened the Public Hearing. Mr. Ryan stated that the portion providing for bereavement leave for employees had been inadvertently omitted, and recommended that the ordinance be amended to include bereavement leave of three to five days in accordance with past practice. There were no further comments, so the Public Hearing was closed. Commissioner Johnson moved to approve Ordinance #934 as amended, Commissioner Dabbs seconded, and the motion was approved unanimously. C. OTHER BUSINESS e DEVELOPERS AGREEMENT/HARVEY HELLER ON MIXED-USE COMPREHENSIVE PLAN AMENDMENT PARCEL City Planner Wagner recommended approval of the proposed Developers Agreement in a form acceptable to the City. Glenn Jackson, representative of the Developer, agreed to the City Engineer and Staff changes and also agreed to indemnify the City by the language change from "within two years from the date of this Agreement," to "within two years from the date of completion of construction." Commissioner Dabbs moved to approve the Developers Agreement as amended by language change noted above, Commissioner Johnson seconded, and the motion was approved unanimously. 6 e Poge 7 City Commission Meeting November 18, 1986 COMMENTS FROM CITIZENS/PUBLIC There were no comments. NEW BUSINESS PURCHASE TELEPHONE & RADIO RECORDER William Brandt, Chief of Police, recommended approval of the allocation of funds to replace the present telephone and radio recorder with a newer model. The present system is eleven years old and only half of it is now operable. A new recording system can be purchased at the cost of approximately $11,300.00, and funding for this purchase was included in the 1986-87 budget. Commissioner Bateman moved to approve the purchase as rquested, Commissioner Hager seconded and the motion was approved unanimously. e PURCHASE COMPUTER FOR POLICE DEPARTMENT Chief Brandt recommended approval for allocation of funds for a Criminal Justice Information Management System Computer. A new computer, printer, and 10 modules of software can be purchased for $9,075.00 Commissioner Bateman moved to approve the purchase of the computer as requested, Commissioner Johnson seconded, and the motion was unanimously approved. REPORTS AND INFORMATION - CITY MANAGIR FOLLOW-UP Mr. Ryan requested responses AGENDA REPORT reported that the telegrams had been obJecting to the conference in Mexico, had been received. sent but as no CITY ATTORNEY No comments. CITY STAFF e POLICE CHIEF WRITTEN REPORT ON CITIZEN'S COMPLAINTS Chief Brandt responded to the four complaints as follows: #1 - Allegations were anonymous and non-specific, so it was not possible to develop conclusive information. #2 - One of the young men referred to had been previously arrested for dealing in stolen property. An allegation of an officer kicking the individual has been denied by the officer in a sworn statement. #3 - There was some evidence of excessive force in this incident, either intentional or unintentional, and the officer was suspended. #4 - Frank Pearse works for the Apopka Police Department 7 . Pag_ e City Commiesion Meeting November 18. 1986 and has been very helpful in terms of weapons repair for the department. COMMENTS FROM COMMISSIONERS Commissioner Hager asked the City to provide drinks (punch and sodas) in the Maguire House after the Christmas Parade on December 13, 1986 as they have in the past. Commissioner Hager also asked that December 26th be designated as the floating holiday for city employees. Commissioner Hager moved to approve the holiday, Commissioner Bateman seconded, and the motion was approved unanimously. Commissioner Bateman recommended that the Commission publish a quarterly newsletter for the citizens. Commissioner Dabbs reported that he had attended an Inter- governmental sub-committee meeting for the Florida League of Cities and was pleased to represent Dcoee. e Commissioner Johnson complimented Staff on the speed which the eigne probleM at the corner of Silver Star Bluford had been remedied. with and Mayor Ison requested funds from unapproppriated reserve be allocated for an Employee Christmas Party on December 20th. He said the gathering would be conservative with no alcohol served. It would begin at 4:00 P.M. for the children, with a "Santa" at the Maguire House at 6:00 P.M.. Commissioner Bateman moved to proceed as requested by the Mayor, Commissioner Johnson seconded, and the motion carried unanimously. Commissioner Tots" program Hager encouraged participation in the "Toys for sponsored by the Police Department. The meeting adJourned at 11:35 P.M.. ~l-E--~ Mayor Ison ____~-J4LU.f' _ Deputy Clerk Green e 8