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HomeMy WebLinkAbout03-03-87 MINUTES OF THE CITY COMMISSION MEETING HELD ON "ARCH 3. 1987 ,. Mayor Ison called the meeting to order at 7:35 Commissioner Hager led in prayer and the Mayor led pledge of allegiance to the xlag. P.M., in the PRESENT: Mayor Ison, Commissioners Johnson, Dabbs, Bateman, and Hager; City Manager Ryan, City Attorney Kruppenbacher, City Planner Wagner, City Engineer Kelley, City Clerk Catron, Water Superintendent Cockrell, Building O%ficial Hurst, Finance Director Poston, Attorney Drew Thomas, and Deputy Clerk Green. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Mayor Ison reported that on February 2Gth Spring Lake Elementary School students had an oratorical contest on the subJect of "People Who Have Overcome." Two students who were selected to go on to compete at Lake Silver Elementary on March 10th were present to speak. Bethany Johnson's topic was "Jesus Christ" and Ben Fitzgerald spoke about "Martin Luther King." Mayor Ison commended them on their excellent presentations and gave each one a City of Ocoee watch. - Mayor Ison presented a memo about the Constitution in further commemoration 0% the Bicentennial 0% the U.S. Constitution. APPROVALS - CONSENT AGENDA - Commissioner Bateman requested that five items be pulled from the Consent Agenda: E-1 (Case No. 01A-87), E-7 (Case No. 07A- 87), E-9 (Case No. 09A-87), E-11 (Case No. 11A-87), and E-16 (Case No. 16A-87). Commissioner Bateman moved to approve all other items on the Consent Agenda, Commissioner Dabbs seconded, and approval was unanimous. The items approved were as follows: A - Regular Commission Meeting Minutes 0% 2-17-87; B - Special Session Commission Meeting Minutes of 2- 9-87; C - Special Session Commission Meeting Minutes of 2-17- 87; D - Joint Commission Meeting Minutes 0% 2-19-87; and E - Proposed Ordinances - Annexation, First Reading: E-2 - Case No. 02A-87, Lindy Wade Rich E-3 - Case No. 03A-87, David Pearlman E-4 - Case No. 04A-87, R. L. Ferdinand E-5 - Case No. 05A-87, R. L. Ferdinand E-6 - Case No. 06A-87, Charles & James Hawthorne E-8 - Case No. 08A-87, Elmer Badger E-10 - Case No. 10A-87, Anna L. Davis & Tom West E-12 - Case No. 12A-87, Wescar, Inc. E-13 - Case No. 13A-87, Jay & Dotti Schorr E-14 - Case No. 14A-87, Wescar, Inc. E-15 - Case No. 15A-87, Patrick Kelley 1 -"=------- Page 2 City Commi..ion M..~ing March 3. 1987 E-17 - Case No. 16A-87, John G. Pierce E-18 - Case No. 18A-87, Florida DOT Also F - Proposed Ordinance, Flood Damage Prevention, First Reading; G - Proposed Ordinance, Amending Ordinance 637, First Reading; H - Proposed Ordinance, Amending Ordinance 638, First Reading; I - Proposed Ordinance, Amending Ordinance 639, First Reading; J - Proposed Ordinance, Amending Ordinance 640, First Reading; and K - Acceptance of Federal Revenue Sharing Report. City Manager Ryan read by title only all ordinances approved for first reading. - Mayor lson noted that a number of people present were concerned about some 0% the proposed annexations and invited them to speak. He introduced Nancy Christman who spoke for the Orange County Planning Department. She explained the County's concerns that some 0% the proposed annexations would create enclaves of county property (especially Items E - 3, 4, 5, 17, and 18), and expressed the department's willingness to work out utilities agreements with city staf% rather than obJecting formally to the annexations at this time. She noted that Cases 14 and 15 presented a dif%erent problem as those areas lie outside the boundary set by the reserve area agreement, and would require modification of the reserve agreement prior to annexation. Residents 0% this area have also notified the County of their obJections to annexation by Ocoee. She suggested a Joint meeting to consider any modification of the reserve area, and also to establish an over-all utilities agreement in order to eliminate the necessity 0% determining who would provide services %or each individual annexation. Mayor lson asked the City Manager to schedule a Joint meeting with Tom Sewell. City Attorney Kruppenbacher requested that the County send drafts 0% their proposals xor each of the properties in question. Mr. Kruppenbacher advised they could proceed with the first readings and work out any problems prior to the second readings and public hearings. e Most of those who requested to speak to the Commission wished to obJect to the proposed annexations of Wescar, Inc. (Case No. 14A-87) and Patrick Kelley (Case No. 15A-87). Hal Kanto~, as representative for Wescar, stated his willingness to respond to questions %rom the residents. Sever.l ~iti~ens %rom the Clarcona area appealed to the Commission %or the preservation 0% their community's rural atmosphere as an independent, unincorporated territory outside the Ocoee Reserve Area and urged the Commission to deny both of these requests for annexation. The following residents expressed their opposition: Jean Jonas, 4858 N. Apopka-Vineland, Orlando (presented a petition signed by over 100 %amilies) 2 ~ Peg. 3 City Commiesion Meeting March 3. 1987 Herb Sully, 7925 Sully Drive, Orlando Philip Rich, 5824 Ingram Road, Apopka Rosemary Goetz, 4207 Dorwood Drive, Orlando Dennis Phipps, P. O. Box 560, Clarcona Mr. Phipps, president of the Clarcona Improvement Association, expressed his appreciation %or the support of Mayor Ison and Tom Dorman when Apopka attempted annexation of the Clarcona area and urged the Commission to honor the current Reserve Area boundary. Mayor Ison read into the record Mr. Phipps letter dated February 15, 1987, in which he expressed the Association's concerns regarding the proposed annexation of the Wescar Subdivision into the City of Ocoee. Mr. Kantor, of Wescar, explained that the one-fourth acre lots which were planned for the Wescar development would provide a density in keeping with the surrounding area. - Commissioner Bateman explained that he obJected to the annexation request of the Re%ormed Presbyterian Church (Case No. 01A-87) because the church's property was not contiguous to City property. He obJected to the annexations requested by Barry Goodman (Case No. 07A-87), Je%frey Yeager (Case No. 09A-87), and W. C. Davis, et al (Case No. 11A-87) because the City would not be able to provide utility services for the 250 acre area north of Highway 50, south of White Road, and west 0% Good Homes Road. City Engineer Kelley stated that the developer's agreement would provide that if the City does not or can not provide utility services for a development, the developer must front the money. City Manager Ryan said the County had indicated tentative water service areas, and noted that a City-County agreement would be one of the items to be considered at a Joint meeting. Commissioner Bateman expressed the belief that "the County does not have its ducks in a row about this area," and moved to deny the annexations requested in Items E - 1, 7, 9, 11, and 16 on the basis 0% inability to provide utility services. Commissioner Hager seconded the motion. In the discussion which ensued, Comissioner Dabbs stated that he does not share the concern about utility provision unless he misunderstood the City policy of extension 0% water lines. Commissioner Bateman cited Harbor Highlands lIon Orlando Avenue as an example 0% a provision 0% utility service which proved costly to the City. City Manager Ryan explained that current developers agreements address the matter in a more satisfactory manner. e City Planner Wagner explained that current procedural provided that any proposed annexation denied a first policy reading 3 ~ I I Page 4 City Commission M..ting March 3, 1987 now could not be proposed for first reading again until May. Mayor Ison called %or the vote on Commissioner Bateman's motion to deny first readings as stated above. Commissioners Bateman and Hager voted aye, Commissioners Dabbs, Johnson, and Mayor Ison voted no. The motion was not approved. Commissioner Dabbs stated that he took due note of Commissioners Bateman and Hager's concerns, but moved that Items E - 1, 7, 9, 11, and 16 be restored to %irst reading status and that Mr. Wagner, Mr. Ryan, Mr. Kelley and Commissioner Bateman address the concerns discussed. Commissioner Johnson seconded the motion. Commissioner Johnson, Commissioner Dabbs, and Mayor Ison voted aye, Commissioner Bateman and Commissioner Hager voted no. The motion carried three to two. Proposed Ordinances Annexation approved for first reading were as follows: E-1- Case No. 01A-87, Re%ormed Presbyterian Church; E-7 - Case No. 07A-87, Barry Goodman; E-9 - Case No. 09A-87, Jeffrey Yeager, E-11 - Case No. l1A-87~ W. C. Davis, R. V. Ogilvie, James Pitchford; and E-16 - Case No. 16A-87, City of Ocoee. . Jay Worsham, a member of the Reformed Presbyterian Church, con%irmed that the members of their church wanted their property to be annexed by the City 0% Ocoee. RECESS: 9:10 P.M. CALL TO ORDER: 9:35 P.M. OLD BUSINESS Special Staff Reports - City Engineer Status Report on Sewer Facilitie. end other Environmental I..u.. City Engineer Kelley gave a slide presentation showing problem areas around the city. Some of the problems depicted were overgrowth and debris in the ditches at Industrial Park, dumping of unauthorized fill in the flood plain near Sowers building on Roper Parkway, and unpermitted fill blocking a main drainage way along Geneva Street. Other problem areas were shown at M & M Utilities and at Prima Vista Utilities. - Mayor Ison questioned whose area of responsibility it would be to deal with the paint, oil, and other hazardous wastes depicted in the slides. City Manager Ryan pointed out that it was a code enforcement problem. Mr. Ison asked i% we could have one person assigned to be primarily responsible, and Mr. Ryan responded that Cecil Hurst was primary code en%orcement of%icer for the city. Discussion ensued about amending an existing ordinance or adopting a new one if 4 ~---- --~ - ..~.,;;~--- -.I*~~--- j Page 5 City Commi..ion M..ting March 3. 1987 necessary xor more stringent regulation o~ hazardous waste disposal. The pollution at Industrial Park had been reported to Cecil Hurst by John Cockrell. Mr. Hurst felt he lacked the expertise to determine the extent of the hazard, there%ore, he requested DER inspect the site, but he had difficulty getting them to come out. Mayor Ison directed the City Manager to initiate a "Polluter of the Month" award beginning with the April 7, 1987, meeting. City Attorney Kruppenbacher asked that any awards be delayed until the May 5, 1987, meeting to allow him time to research the legal aspects. Offer of Sale. Prima Vista Utilities City Engineer Kelley recommended that the City purchase the two privately owned sewer %acilities so that the City can control the level of service and operation. . City Manager Ryan reported that an offer of sale had been received from the Prima Vista Utility Company, Inc. in a letter dated February 10, 1987. He noted that Florida Statute #180.301, which regulates the purchase or sale 0% water or sewer utility by a municipality, would have to be considered in a review process %or the purchase 0% the %acility. He requested authorization %or the City Manager, City Engineer, and special legal counsel to proceed under the Florida Statute to review consideration of the acquisition initiated by Prima Vista. City Attorney Kruppenbacher explained that Attorney Drew Thomas, of Rowland, Thomas and Jacobs, P.A., would be Special City Attorney to represent the City in connection with legal procedures for acquiring Prima Vista and M & M Utilities. Mr. Ryan recommended that Mr. Thomas, the City Engineer, and the City Manager and other additional pro%essional consultants as are reasonably necessary, be directed to proceed with an evaluation and recommendation. City Manager Ryan read Resolution #87-03 which stipulated that the City retain the law %irm 0% Rowland, Thomas and Jacobs, P.A., to represent it in connection with the legal procedures for acquiring the two privately-owned sewer utility systems and granted authorization to the City Manager to proceed as he recommended above. Commissioner Bateman moved to approve the Resolution subJect to three calendar months %rom adoption, Commissioner Hager seconded and the motion carried unanimously. - Attorney Kruppenbacher cautioned all who were approached about Prima Vista Utility to direct all contact to Mr. Thomas, Mr. Kelley, or Mr. Ryan because of the multiplicity 5 Page 6 City Commi__ion M.eting March 3, 1987 of liability issues. Special Staff Reports - City Planner Final Plat & Developers Agreement - C. B. M. Subdivision. Jim Mitchell City Planner Wagner explained that the City Commission had previously approved Preliminary Subdivision and Final Engineering Plans for this proJect. The plat had been reviewed by the City Engineer for accuracy, all appropriate paperwork had been submitted, and all engineering review %ees had been paid. The proposed Developers Agreement follows the Subdivision Regulations Standard %ormat with the additional stipulation that the developer will maintain the retention ponds. Mr. Wagner recommended approval 0% the Final Plat of C.B.M. and asked authorization for execution 0% the proposed Developers Agreement once drawn up in xinal form. Commissioner Bateman asked if this development would be a problem in the extension 0% Bowness Road and Mr. Wagner assured him that the development was to the east ox Bowness. Commissioner Dabbs moved to adopt the xinal plat of C.B.M. and the Developers Agreement as recommended, Commissioner Bateman seconded, and the motion was unanimously approved. e Final Plat & Developer. Agreement - Oakwood Plaza Subdivi.ion Jim Mitchell City Planner Wagner explained that the Commission had also previously approved the Preliminary Subdivision and Final Engineering Plans for this proJect on the west side 0% Bluford Avenue and south of Story Road. This plat had also been reviewed %or accuracy by the City Engineer, all appropriate paperwork had been submitted, and all engineering review fees had been paid. The proposed Developers Agreement follows the Subdivision Regulations Standard format with the additional stipulation that the developer will maintain the retention ponds. Mr. Wagner recommended approval 0% the Final Plat 0% Oakwood Plaza, subJect to the developer paying a pro-rata portion 0% the 16" water main extension, and asked %or authorization to execute the proposed Developers Agreement once drawn up in final form. Commissioner Johnson moved to accept the Final Plat of Oakwood Plaza and the Developers Agreement as recommended, Commissioner Dabbs seconded, and approval was unanimous. Public Hearing_ and Second Reading_ . Ordinance #936, Vacating a Portion of Cumberland City Manager Ryan read proposed Ordinance #936 by title only. Mayor Ison opened the Public Hearing. There were no comments so the Hearing was closed. Commissioner Hager moved to approve Ordinance #936, Vacating a Portion of Cumberland, 6 - Page 7 City Commi..ion Me.ting March 3. 1987 Commissioner Bateman seconded and the motion was unanimously approved. Other BU.in..s e Acceptance of Public Improvements, Forest Oaks Unit II, Pha... 2 end 3 - Weyne Rich Wayne Rich requested acceptance ox the public improvements for the proJect. Steve Miller, the acting City Engineer for the Forest Oaks ProJect, con%irmed that the site improvements had been zound to be acceptable in accordance with the approved plans and with the punch list dated January 12, 1987. Mr. Miller commented that a decision will need to be made about the possible removal of the cul-de-sac on Rich Drive when the County paves Hackney-Prairie Road. Water Supervisor John Cockrell stated, in response to the Mayor's question, that everything was okay and visually the developer had corrected the defects in the curbing and streets that was his responsibility. A special assessment district will be set up for the maintenance 0% the retention pond. Commissioner Dabbs moved to accept the public improvements for Forest Oaks, Unit II, Phases 2 and 3, subJect to the terms 0% the Engineer's recommendations. Commissioner Johnson seconded and approval was unanimous. Appointment to Board. Board of AdJu.tment Commissioner Dabbs moved to approve the appointment oz Tanya C. Miller oz 912 Center Street as an alternate for the Board 0% AdJustment. Commissioner Johnson seconded and the motion carried unanimously. Demage Rewerd Board Commissioner Bateman recommended John N. Carter, Sr. of 203 Audrey Street as a xull member of the Damage Reward Board. Commissioner Johnson moved to approve his appointment, Commissioner Dabbs seconded and approval was unanimous. COMMENTS FROM CITIZENS/PUBLIC Mayor Ison recognized Tom Hendrix, of Jay Street, collaboration on the Ocoee %air exhibit sponsored Lions Club. The exhibit won eight blue ribbons President's Trophy. for by and his the the - Review of Investment Policy and Approved Depositories, Iven Po. ton Finance Director Poston recommended the addition of Barnett Bank, which will soon be moving to Ocoee, as an approved depository for the City. Commissioner Bateman questioned if our monies were still 100 percent pledged with securities and Mr. Poston con%irmed that they were. Commissioner Bateman 7 . Page 8 City Commi..ion M.eting Merch 3. 1987 also questioned the date scheduled for annual review of investment policies and approved depositories. He suggested the language of Resolution #82-6 be changed from "the first meeting in the fiscal year" to "the %irst quarter 0% the calendar year." Commissioner Bateman moved to amend the Resolution as stated and to add Barnett Bank to the potential list 0% depositories. Commissioner Dabbs seconded and the motion carried unanimously. REPORTS AND INFORMATION - CITY MANAGER Report on Review of Alternative Funding Sources (Capital Improvement A.....m.n~) Staff had been directed on February 9th to inquire into alternative xinancing sources. As a result 0% that inquiry, City Manager Ryan recommended relatively short termed financing should be done through a commercial bank rather than the Florida League of Cities. He further recommended that bond indebtedness should be used %or long term financing. e Report on Alternative Financial Advisor/Investment Banking Firm. The portfolios of pro%essional credentials from three financial advisor/investment firms were provided %or the in%ormation of the Commissioners as follows: 1 - M. G. Lewis & Co. 2 - William R. Hough & Co. 3 - Dean Witter Reynolds, Inc. City Attorney Kruppenbacher advised the Commissioners to direct the City Attorney, the City Manager, and the Finance Director to %urther review these three and any other financial firms which might be considered and to report back with a detailed recommendation at the next meeting. Commissioner Johnson moved to direct the Sta%f as Mr. Kruppenbacher recommended, Commissioner Hager seconded, and the motion carried unanimously. FOllow-up Agenda Report City Manager Ryan reported that all Follow-Up items are on- going or accomplished. Discussion of the billboard problem concluded with the advice of the City Attorney that he provide, as soon as possible, a proposed ordinance dealing with the matter 0% billboards and their regulation through the permitting process. CITY ATTORNEY - Attorney Kruppenbacher reported that the City had no pending litigation other than the Starke Lake matter. 8 e Page 9 City Commission M.eting March 3. 1987 COMMENTS FROM COMMISSIONERS Commissioner Johnson mentioned his concern about the condition 0% roads in Pioneer Key Park II (especially some deep pot holes). He also commented that he had enJoyed his participation in the City's booth at the Fair. Commissioner Hager had no comments. Commissioner Bateman commented that service of Cablevision Inc. had been steadily going downhill and was now "worse than bad." Discussion of the problem concluded with the decision for the City Attorney and City Manager to meet with a competing cable company and report on their findings at the next meeting. Also, the Sta%~ was requested to check into getting the TV camera working so that televising of the Commission meetings might be resumed. Commissioner Dabbs reported that he had enJoyed the meeting in Tallahassee yesterday and was pleased with contacts made there. e Mayor Ison requested that sta~% ensure that developer's agreements are in place with the proposed 18 annexations in order to cover any attorney's fees in case the city would have to defend any action taken on the petitions. The Mayor observed that growth related issues often required much 0% the time in the regular Commission meetings, and suggested regularly scheduling an additional meeting with an agenda only %or the growth/developmental issues. Commissioner Dabbs acknowledged an understanding 0% the dif~iculty 0% resrving ample time for general matters, but explained that he would have a problem finding an additional night %or a meeting. A%ter some discussion, there was general agreement to reserve the %irst Tuesday meetings for general city issues and to de%er to the third Tuesday the growth/developmental issues. Mayor Ison reported that the East-West Expressway Authority had agreed to hold a public meeting at West Orange High School auditorium. A decision by the Authority to study the more westerly corridor preferred by many Ocoee residents may be imminent. e Mr. Ison asked if Community Service volunteers would be available for a litter detail around the City. He also asked if an additional employee is needed to aid in the rehabilitation of City property. City Manager Ryan reported staf% is already working on the problem and wanted to delay 9 . Page 10 City Commi..ion M..ting March 3, 1987 further changes until the Public Works Director is on board. The hearing for the Public Transportation issue will be held in the Community Center on March 12th. The Mayor noted that the Rebel Games are now in progress, and that the Little League Parade will be held on Saturday. The Florida bidding on 1987. Department of Transportation will Apopka-Vineland Road improvements on begin April the 1, The meeting adJourned at 11:35 P.M.. _______8-~~--::.- MAYOR ISON -~L/d=-_- - DEPUTY CLERK GREEN ~ 10