HomeMy WebLinkAbout06-16-87
MINUTES OF CITY COMMISSION MEETING HELD ON 3UNE 16, 1987
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Mayor Ison called the meeting to order at 7:37 P.M..
Commissioner Hager led in prayer and the Mayor led in the
pledge of allegiance to the flag.
PRESENT: Mayor Ison, Commissioners Johnson, Dabbs, Bateman,
and Hager; City Manager Ryan, Acting City Attorney Barnby,
City Clerk Catron, Planning Director Wagner, Public Works
Director Occhiuzzo, City Engineers Kelley and Merkle, Water
Supervisor Cockrell, and Deputy Clerk Green.
ABSENT: None.
PRESENTATIONS AND PROCLAMATIONS
Presentation of Plaque to McDonalds of Ocoee - 3. Beech
Recreation Department Supervisor Jim Beech introduced the
owner/operator of Ocoee McDonalds, Bob Allegro, and its
supervisor, Tim Blair, and his wife Carol. Mr. Beech
commended them for their continuing community-minded spirit
which was recently reflected in their generous contributions
and untiring efforts for the Big Orange Games. The May,
1987, games for the handicapped were the most successful in
the history of the games - with more than 150 participants.
Mr. Blair's efforts played a large part in making this
possible. Mr. Beech presented a plaque to the Blairs and Mr.
Allegro in appreciation. Mr. Blair thanked Mr. Beech and the
Commission for the plaque, and commented that McDonalds was a
company which believed in getting involved in the community.
Mr. Allegro echoed his comments.
Request from Boy Scout. for Oonation - R. Buck
The Director of Support Service for the Central Florida
Council of Boy Scouts, Richard Buck, asked the Commission to
invest in the youth of Central Florida by approving a
donation of S750.00. He explained their long range plan to
serve an additional 12,000 new youth members by 1990, and
asked the Commission to help underwrite the cost of providing
staff, program materials, camps, training aids and other
support necessary to expand Scouting in Central Florida.
Commissioner Bateman moved to approve a donation to the Boy
Scouts of S750.00 from unappropriated cash reserve.
Commissioner Johnson seconded, and the motion was unanimously
approved.
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Presentation of West State Road 50 Study - Orange County
Planning Oepartment
Planning Director Wagner introduced Ellen Slessinger, of the
Orange County Planning Department, who presented a brief
overview of their land use proposal for the West 50 Study
Area. The proposal is scheduled for adoption on September 21,
1987. Mr. Wagner confirmed that the Ocoee Planning
Commission had reviewed the plan on two occasions and found
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City Commission M..~in9
3un. 16, 1987
it to be, by and large, consistent with their plans. The
primary goal 0% the study is to provide a comprehensive land
development plan instead 0% reacting to individual requests.
She displayed maps to contrast current land use with planned
%uture use. She explained that a comprehensive strategic
plan could provide compatibility with land uses, avoid strip
commercial development, preserve road development, and
protect the environment (lakes/wetlands). The study area
included that area one to two miles to the north and to the
south 0% Highway 50 %rom Blu%ord east toward Pine Hills. In
response to Mayor Ison's question about the resulting effects
of the study, Ms. Slessinger replied that the plan could
become part of a comprehensive plan amendment and could set
performance standards (such as a 25 foot wide landscape
buffer along Highway 50) for future development.
Commissioner Dabbs asked how involved City Staff had been in
this proJect as the Commission had been trying to schedule a
meeting with the County since February. Mr. Wagner replied
that they had been involved for months and that this was one
0% the items to be discussed at the meeting with the County.
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Commemoration of Bicentennial of the Constitution
Mayor Ison stated that copies 0% the Constitution in booklet
form and a replica of the Constitution were available at the
meeting %or those who wished to have them.
3uly 4th Celebration - OC08. Historical Commission
Mayor Ison announced the observance 0% July 4th sponsored by
the Ocoee Historical Commission to be held at the Withers-
Maguire House and surrounding area from 11:30 A.M. to 4:30
P.M.. Activities will include a barbecue, games, carriage
rides, balloon rides, a "dunk tank", and music in the gazebo.
APPROVALS - CONSENT AGENDA
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Commissioner Dabbs requested clarification of the Regular
Commission Meeting Minutes of 6-02-87 by the substitution of
"foundation" for "predicate" on page 5, and the insertion of
"in the lawsuits" following "intervene" at the top of page 7.
Commissioner Hager moved to approve the Consent Agenda as
amended, Commissioner Bateman seconded, and the motion was
unanimously approved. The items approved were as follows:
A. Regular Commission Meeting Minutes of 6-02-87
B. Special Joint Session Meeting Minutes of 4-14-87
C. First Reading, Comprehensive Plan Amendment Ordinances
1. Petition of Gregory P. Samano - Case No. 02C-87
2. Petition of David Pearlman - Case No. 03C-87
3. Petition of R. L. Ferdinand - Case No. 04C-87
4. Petition of R. L. Ferdinand - Case No. 05C-87
5. Petition of R. L. Ferdinand - Case No. 06C-87
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City Commission Meeting
3une 16, 1987
D.
Petition of R. L. Ferdinand - Case No. 07C-87
Petition of Charles & James Hawthorne - Case No.
08C-87
Petition of Anna L. Davis & Tom West - Case No.
12C-87
9. Petition of
10. Petition of
11. Petition of
12. Petition of
13. Petition of
14. Petition of
First Reading -
1. Petition of
2. Petition of
3. Petition of
09R-87
Petition of Anna L. Davis & Tom West - Case No.
13R-87
5. Petition of Wescar, Inc. - Case No. 15R-87
6. Petition of Jay & Dotti Schorr - Case No. 16R-87
7. Petition of Wescar, Inc. - Case No. 17R-87
8. Petition of City of Ocoee - Case No. 18R-87
9. Petition of City of Ocoee - Case No. 19R-87
10. Petition of John G. Pierce - Case No. 20R-87
City Manager Ryan read by title only the Comprehensive Plan
Amendment Ordinances, Items C, 1 - 14 and the Rezoning
Ordinances, Items D, 1 - 10.
8.
6.
7.
Wescar, Inc. - Case No. 14C-87
Jay & Dotti Schorr - Case No. 15C-87
Wescar, Inc. - Case No. 16C-87
City of Ocoee - Case No. 17C-87
City of Dcoee - Case No. 18C-87
John G. Pierce - Case No. 19C-87
Rezoning Ordinances
Lindy Wade Rich - Case No. 02R-87
Gregory P. Samano - Case No. 03R-87
Charles & James Hawthorne - Case No.
4.
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Mayor Ison commented that a second reading and public hearing
for these ordinances will be held at a later date.
OLD BUSINESS
Special Staff Report.
City Engineer - Tom Kelley
Bowneas Road proJect and status
update
for
Report on
completion
City Manager Ryan, Public Works Director Occhiuzzo, and PEC
Engineer Paul Staes had met with DOT District 5
repesentatives on Wednesday, June 10th, and found them to be
receptive to a proposal to add Bowness Road to the state
highway system and possibly to eliminate McKey from the
system.
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City Engineer Kelley reported that aerial work for the
proJect was to be done within the week, and that
soils/topographical work was being done. The Commission
requested that Mr. Kelley prepare a preliminary plan with a
definitive cost figure for the paving of Bowness Road to
present at the July 21, 1987 Commission Meeting.
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City Commiasion Meeting
3une 16, 1987
Report on Downtown .treet, sidewelks end drain improvement.
City Engineer Kelley commented that some general way to
upgrade along Taylor, Franklin, McKey, and Bluford was needed
in order to separate pedestrians from roadways, and that
parking improvements were needed on McKey. He asked for
direction from the Commission concerning the scope they
desired for area improvements such as type of curbs, styling
of sidewalks, spacing of trees, and the routing of water to
retention ponds.
Mayor Ison suggested looking into the potential ~or of~-
street parking and to determine how we are going to park now
and to consider acquiring land now for City-provided parking.
He suggested that Mr. Kelley provide estimates for
conservative improvements which included curbs, gutters,
streets, and drainage.
City Manager Ryan recommended that the City
Bowness improvements, as traffic would have to be
before the state would allow changes on Franklin,
Taylor.
proceed on
re-routed
McKey, and
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Upgrading of Kissimmee Water Well
City Engineer Kelley explained that the Kissimmee Well only
had a high service pump and ground storage and that we needed
a stand by well. He further stated that if we did not have
the development at the South end of town then we should move
ahead with acquiring land for a permanent Kissimmee Water
Plant. He had learned that there were approximately 10 acres
available in the vicinity of Kissimmee and Delaware that
possibly could be purchased for this purpose as we only
needed 1 to 4 acres for a first class facility. Mr. Kelley
tentatively set the date of 7/21/87 to come back with a
preliminary report and a Special Session would be scheduled
if necessary.
City Planner - Russ Wagner
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Site Plan Approval - Plantation Sysco
City Planner Wagner stated that staff recommended approval of
the site plan subJect to the nine items listed in the Staff
Report o~ June 10, 1987. Plantation Sysco is a wholesale
distributor and they plan on doubling the size of the
existing facililty. Commissioner Hager asked if it was
necessary to remove the pine trees and they stated they were
only removing a few for the parking lot but the others would
remain. The engineer and representative for Plantation Sysco
were in agreement with the 9 items on the Staff Report.
Commissioner Dabbs moved to approve the site plan for
Plantation Sysco, Commissioner Johnson seconded and the
motion carried unanimously.
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City Commission Meeting
3uly 16, 1987
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Public Hearing - Lake Stanley Subidiviaion Plan Approval
Ru.s Wagner
City Planner Wagner stated that sta~f recommended approval o~
the Lake Stanley Subdivision Plan subJect to the 8 items
listed on the Development Review Committee Report o~ June 5.
1987. The developer had agreed to comply with these items.
Commissioner Bateman ~elt that this would be a good time to
make sure that the pollutants are prohibited from entering
the lake. City Engineer Merkle explained that a curb and
gutter collector system would be used to drain into
retention/detention ponds. Commission Hager questioned the
swale along the lakefront lots and they stated it went all
the way along the lots. Commissioner Dabbs stated that for
the record he wanted to hear Mr. Courtney accept the
stipulations as outlined in the DRC Report of 6/5/87 and Mr.
Courtney said that he accepted the stipulations. After
discussion about the lake~ront lots. the Commission asked
that item #9 be added to the DRC Report as follows: 9. A.
Lot lines to be platted to the center o~ the lake and B.
Environmental swales will be reserved by easement ~or access
and by deed restriction for permanentability. Commissioner
Bateman moved to approve the Lake Stanley Preliminary
Subdivision Plan subJect to conditions 1-9 o~ the DRC report
of 6/5/87. Commissioner Dabbs seconded and the motion carried
unanimously.
Other Busin...
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Discussion on Certificate of Occupancy for Mitchell Building
on Bluford (Mr. Mitchell)
Public Works Director Occhiuzzo reported that he had met with
a representative of the paving company and the developer and
explained the position o~ the City that the paving was
unacceptable and the Certificate of Occupancy would be
withheld until the matter was resolved. The developer and
the contractor did not agree with the Commission; therefore.
Mr. Occhiuzzo asked that they appear be~ore the City
Commission at tonight's meeting. They were not present to
answer or question the Commission. In the meantime. Mr.
Occhiuzzo stated that we had received word from DOT and now
they do not accept the work and will require it to be redone.
Mayor Ison aksed that in the future when inspection is done
by DOT on a Job within our City Limits we be notified and a
City Staff person be present. Mr. Occhiuzzo said that was
being done and a timetable would be created in order to keep
up with the proJects. Mayor Ison asked the attorney to check
into our ordinances and see if we could "impound equipment"
on a Job site if it had been red tagged and work was still
being done as he felt this was a police matter. Mr. Mitchell
was to be sent a Certified Letter stating that he would not
be issued a "CO" until the paving was done satisfactorily.
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City Commission Meeting
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COMMENTS FROM CITIZENS/PUBLIC
Mr. R. P. Mohnacky, 1820 Prairie Lake Blvd., asked about the
sanitation rates and suggested the Commission consider the
concept of "Cash for Trash".
NEW BUSINESS
Appointment to CEB Boord term to June 1990
At first, this was tabled until the next agenda, then
Commissioner Johnson moved to remove from the table, seconded
by Commissioner Dabbs and the motion carried unanimously.
Commissioner Johnson moved to appoint Phyllis Olmstead, 620
Sherwood Oaks, Ocoee, to the CEB Board, seconded by
Commissioner Bateman and the motion carried unanimously.
Appointment of Attorney to CEB Board
The Commission asked Attorney Linda Barnby to serve on the
Code Enforcement Board. She agreed to serve on a temporary
basis and would ascertain whether or not her affiliation with
the firm of the City's Attorney would prevent her from
continuing to serve.
RECESS: 9:55 P.M.
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CALL TO ORDER: 10:10 P.M.
Review of Drazt Developer Agreements - Russell Wagner
Planning Director Wagner explained that the Draft Developer
Agreements contained within the Commission Meeting packet
pertained to Items III/C and III/D, the first round Rezoning
and Comprehensive Plan Amendment Ordinances for 1987. Though
the Agreements were customized for each Developer, they
required necessary road rights-of-way dedications, water
looping, limitations on access, and hold harmless clauses as
approved by the City Attorney. He added that all property
owners had been provided copies of the Agreements.
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Mr. Wagner encouraged the Mayor and the Commissioners to
indicate their comments and questions about the Agreements.
He suggested that a maJor concern of the Commission might be
about the We scar Agreement with reference to the paving of
Hackney Prairie Road. Commissioner Bateman questioned the
Hawthorne Agreement with reference to the creation of
enclaves. Mayor Ison suggested that each Commissioner
indicate his questions on his copies of the Agreements and
return them to Mr. Wagner. Mr. Wagner asked for the
Commissioners' input by the next Commission Meeting, as well
as comments from the individual petitioners, so that the
Agreements could be revised to mutually acceptable conditions
which would be approved simultaneously with the passage of
the ordinance.
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City Commis.ion Meeting
3une 16~ 1987
Preliminary Annexation Petition Reviews - Russell Wagner
Planning Director Wagner presented an overview of the
Preliminary Annexation Petition Reviews o~ the ~ollowing:
Harold J. & Helen W. Cook (19A-87)
Wilma Terry~ Trustee (20A-87)
Heritage Development Joint Venture (21A-87)
Grover H. Voss~ Trustee (22A-87)
Reed Terry (23A-87)
Dill Properties. Inc. (24A-87)
Wescar~ Inc. (25A-87)
Rose B. Ca~lisch (26A-87)
City of Ocoee (27A-87)
E. A. Newberg (28A-87)
Mr. Wagner reported that the City Planning and Zoning
Commission recommended all the annexations as petitioned with
the exception o~ 26A-87~ by Rose B. Caflisch. They
recommended that the Commission limit the annexation to the
west side of Good Homes Road in order to avoid conflict with
the County. The consensus of the Commission was in agreement
with the Planning Commission recommendation.
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Discussion/Approval of Lease/Purchase of a Bus for the
Summer Recreation Progr8m
Commissioner Johnson suggested that a bus be purchased rather
than leased. Mr. Ryan explained that a purchase would delay
the acquisition of the bus~ because it would require
receiving bids. After further discussion~ Commissionr
Johnson moved to approve the authorization for Staff to
receive three bids not to exceed S5~OOO.OO for a sixty-six
passenger bus with funds from unappropriated cash reserve~
and Commissioner Dabbs seconded the motion. Commissioner
Bateman stated that he was not willing to take recreational
funds from some other segment in order to purchase the bus.
Commissioner Dabbs voiced his concern about the City's
liability stemming from providing the bus. Mayor Ison stated
that he believed the reward to be worth the risk.
Commissioner Johnson and Commissioner Dabbs voted to approve
the motion as stated~ Commissioner Bateman and Commissioner
Hager voted no~ Mayor Ison voted aye~ and the motion carried
three to two.
REPORTS AND INFORMATION - CITY MANAGER
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Follow-up Ag8nd8
City Manager Ryan reported that there was a problem with
ground water well #2 in the Forest Oaks Treatment Plant which
needed to be checked by an engineer. He asked that the
Commission authorize Staff to retain the firm of Ardaman &
Associates for a fee not to exceed S2.500.00 for engineering
technical assistance. John Cockrell stated that there was
also trouble with well #1 in Forest Oaks. City Engineer
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City Commission Meeting
3une 16, 1987
Kelley would be prohibited from assisting with these problems
by an appearance of conflict. Mayor Ison suggested the firm
of Miller and Miller be used while in the warranty period
for their maintenance bond. Mr. Ryan replied that we need to
have good documentation in case we have to ultimately sue.
Following further discussion of the situation, Commissioner
Hager moved to authorize the City Manager to retain Ardaman
and Associates to review the Forest Oaks wells for a sum not
to exceed 52,500.00, and to direct Attorney Barnby to send a
certified letter to Steve Miller, of Miller and Miller
Engineering, advising him of the collapsing walls of the
wells at Forest Oaks and that we would take action on the
bond if necessary. Commissioner Johnson seconded the motion,
and approval was unanimous.
City Manager Ryan asked the Mayor and Commissioners for their
input concerning the Highway #50 Study so that Staff could
take an official posture on the Study. Mayor lson asked that
it be included on the Agenda when they meet with Orange
County Commission, and they could give their comments at that
time.
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CITY ATTORNEY
Response to City Commission Request regarding increase of
Commission compensation
Tabled.
Proposed Ordinance, Occupational License. Florida League of
Cities, 1st Reading
Commissioner Dabbs moved to approve the Agreement with
Florida League of Cities providing for their assistance with
investigation and collection of unpaid occupational license
taxes from corporations, firms or associations transacting
any insurance business in the City. Commissioner Johnson
seconded, and approval was unanimous.
Attorney Barnby explained the provisions of the agreement and
the proposed ordinance levying occupational taxes upon
insurance companies engaging in business within the City of
Ocoee. The ordinance was set for the Consent Agenda for the
next Commission meeting.
COMMENTS FROM COMMISSIONRS
Authorization for staff to issue RFP for preliminary design
and contruction oversight of Bowness Road
This matter was handled earlier in the meeting.
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Commissionr Bateman commented that he hoped the City would
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City Commission Meeting
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receive help ~rom area newspapers advising citizens about the
amoeba risk ~rom swimming in area lakes.
Commissioners Hager. Dabbs. and Johnson and Mayor lson had no
~urther comments.
The meeting adJourned at 11:30 P.M..
Mayor lson
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