Loading...
HomeMy WebLinkAbout07-07-87 MINUTES OF CITY COMMISSION MEETING HELD ON 3ULY 7, 1987 e Mayor Ison called the meeting to order at 7:35 P.M.. Pastor Dillard Burgess of Glad Tidings Assembly of God led in prayer, and the Mayor led in the pledge of allegiance to the flag. PRESENT: Mayor Ison, Commissioners 30hnson, Dabbs, Bateman, and Hager; City Manager Ryan, City Attorneys Kruppenbacher and Barnby, City Clerk Catron, Planning Director Wagner, Public Works Director Occhiuzzo, City Engineer Kelley, and Deputy Clerk Green. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Appreciation for Restorat.ion Funds for Withers-Maguire House Tee Pee Lu.ber, Bill end Barry Good.en, Bent.ley Engineer. In comments about the increasingly attractive appearance of the Ocoee area, Mayor Ison stated that during a drive around the community over the week-end, he had observed 285 consecutive well-maintained homes with mowed lawns. He noted that some area homes purchased five years ago had doubled in value. - Mayor Ison commented that the business community should be given a lot of credit for their assistance in the proJect to restore the Withers-Maguire House. He asked Public Works Director Occhiuzzo to express appreciation on behalf of the City to some area businessmen who had been especially helpful. Mr. Occhiuzzo introduced Don Scheffler, the Manager of Tee Pee Lumber, who presented a check for $10,000.00 as a donation from his firm's parent company, Geld-Wen, Wenco Foundation. Mr. Occhiuzzo thanked Mr. Scheffler for the generous contribution and presented a plaque to him in appreciation. Mr. Occhiuzzo also introduced Bill Bentley and Bill Sennick of Bentley Engineering, a structural engineering firm. He thanked them for their donation of a structural analysis of the Maguire House. Their report confirmed the building had structural integrity and that restoration plans were appropriate for the structure. A plaque will be presented to them later. e Bill and Barry Goodman and 3erry Feinstein, of B.M.L. Investments, were not present for the meeting, but had agreed to donate the value of roofing materials for the Maguire House. A plaque to be presented to them in appreciation will be given to them later. 1 . Page 2 Ci~y COMMis.ion M..~ing July 7, 1987 Cathie Pollack, as a representative 0% the Ocoee Historic Commission, was recognized for her extraordinary efforts for the Maguire House restoration proJect. Mayor Ison introduced David Outlaw and Lou Geys of Wescar, Inc., who had asked to speak to the Commission. In response to a need for a concession stand in the park for the Ocoee Little League, Mr. Outlaw donated a check to cover the cost of the masonry products for the concession stand. Mayor Ison thanked Mr. Outlaw and Mr. Geyes for their generosity. The Mayor also thanked the members of the Ocoee Historic Commission and City emloyees who had worked so tirelessly on the Maguire House proJect and on the Fourth of 3uly %und-raising event for the proJect. Cathie Pollack presented Mayor Ison with the "Big Drip Award" in the %orm of a plaque and a towel for spending the most time in the "dunk tank" during the Fourth of July festivities. e Pastor Dillard Burgess, of Glad Tidings Assembly 0% God, stated his deep appreciation for the cooperation of Ocoee officials in his congregation's endeavor to construct a new building on Adair. He especially thanked Mayor Ison, City Manager Ryan, Planning Director Wagner, and Public Works Director Occhiuzzo. He also thanked City Engineer Kelley for his refund of the engineering review %ee. Pastor Burgess stated that the church is being built on faith, and they would appreciate any additional help. Street Supervisor Buddy Elmore presented a fishing rod and reel to the Mayor and to each Commissioner %Or their use in the Ocoee Bass Tournament on August 2nd. The tournament will be held on 30hns Lake %rom 6:00 A.M. to 1:00 P.M. as a benefit for the Curtis Ruchards fund. A barbeque will follow. APPROVALS - CONSENT AGENDA e Commissioner Dabbs moved to approve all items on the Consent Agenda, Commissioner 30hnson seconded, and approval was unanimous. Items approved were as follows: A. Regular Comaission Meeting Minutes of 6-16-87 B. Workshop Commission Meeting Minutes of 6-16-87 C. Approve Monies for Sound/PA System, Community Center D. Accept half of annual maintenance for cost of Railroad Crossing (Spring Street) E. Proposed Ordinance, Authorizing Levy of Taxes on Insurance Companies, First Reading F. Proposed Agreement, Florida League of Cities to 2 e Page 3 Cit.y Co..i..ion Meeting July 7, 1987 collect fees from the insurance companies G. Proposed Ordinance, Amending Sanitation Rates, First Reading H. Proposed Annexation Ordinances, First Reading 1. Case 19A-87, Pet. of Harold 3. & Helen W. Cook 2. Case 20A-87, Pet. of Wilma Terry, Trustee 3. Case 21A-87, Pet. of Heritage Dev. 30int Venture 4. Case 22A-87, Pet. of Grover H. Voss, Trustee 5. Case 23A-87, Pet. of Reed Terry 6. Case 24A-87, Pet. of Dill Properties, Inc. 7. Case 25A-87, Pet. of Anemar, Inc. 8. Case 26A-87, Pet. of Rose B. Caflisch 9. Case 27A-87, Pet. of City of Ocoee 10. Case 28A-87, Pet. of E. A. Newberg I. Reappointment to P & Z Board, 3. Swickerath, 3 yr term 3. Reappointment to Damage Reward Bd, F Turner, 3 yr term K. Reappointment to Damage Reward Bd,L Zeigler, 3 yr term City Manager Ryan read by title only Item E - Proposed Ordinance, Authorizing Levy of Taxes on Insurance Companies, Item G - Proposed Ordinance, Amending Sanitation Rates, and the Proposed Annexation Ordinances, Items H, 1 - 10. Mayor Ison announced that these items will be on the August 18, 1987 Commission Agenda for second reading and public hearing. e OLD BUSINESS Special S~aff Repor~. Ci~y Engineer - Tom Kelley Final Pla~ Approval Johio Glenn Subdivision Mr. Kelley deferred to Planning Director Russ Wagner for presentation of the Johio Glenn Subdivision report. Mr. Wagner explained that this subdivision was the second phase of the previously approved Hidden Glen Subdivision. The final plat had been reviewed by City Staff and minor drafting items which needed to be corrected were included in their report of June 30, 1987. Staff recommended approval of the site plan subJect to compliance with the nine minor modifications as noted in their report, and subJect to review of the corrected documents by the City Attorney. The representative for the developer, Wayne Atwood, confirmed that he was in agreement with the modifications, and the corrections had already been made. Commissioner Bateman moved to approve the final plat for 30hio Glen Subdivision subJect to the nine items in the 3une 30, 1987, Staff Report, Commissioner Dabbs seconded, and approval was unanimous. e Public Works Direct.or - Tony Occhiuzzo Bid Approval, House Moving ProJec~ Director Occhiuzzo explained that two bids for the moving of the Glen Thomas House from 3amela Street to a selected site at a City park had been received on June 15, 1987. Both bids 3 . Page 4 Cit.y Co..i.sion "ee~ing 3uly 7, 1987 complied with the specifications in all respects including insurance coverage for $1,000,000.00. Mr. Occhiuzzo requested the Commission to consider acceptance 0% the low bid which was submitted by Hill House Movers in the amount of $11,200.00. The bid included the building of piers at the new site, but not the reconnection 0% utilities. The move could be completed within two weeks. Attorney Kruppenbacher stated that he supported Staff's recommendation for acceptance. Commissioner 30hnson moved to award the bid %or the moving 0% Glen Thomas house to Hill House Movers, Commissioner Hager seconded, and approval was unanimous. Status of Bluford Avenu. Paving <Mit.chell) Mr. Occhiuzzo reported that he had met with Mr. Mitchell and told him that the paving was not acceptable. Some work had been done on the northbound lane, but it was not yet satisfactory. Mr. Occhiuzzo had given some tips to the paving contractor and the contractor had agreed to do the work according to his suggestions. e R..troo. faciliti.. at Co..unity Center Mr. Occhiuzzo reported that a structure to include restroom facilities and storage for tools could be built on the west side %or about $20,000.00. Commissioner 30hnson commented that he thought expansion for the Community Center was planned for the West wall, and recommended construction 0% the %acilities on the North end. After further discussion, Mr. Occhiuzzo suggested that he readdress the cost and resubmit plans at the next meeting. Public Hearing and Second Reading e Ordinanc. ~964, Prohibit.ing Billboard. City Manager Ryan read the proposed ordinance by title only. Mayor Ison opened the public hearing and stated that two people had asked to speak. One was Bruce Thomas 0% the 3unior Poster Group at the request 0% Eagle Outdoor Advertising. Mr Thomas apologized to the Commission for some poles and signs that were put up a%ter the last Commission meeting as they did not comply with the Junior Poster Group signs. He said they would be voluntarily taken down. He asked that the proposed ordinance be amended to include a ..Grand%ather Clause" %or existing signs. Cindy Polverino 0% Metropolitan Advertising explained where the existing signs were located. One was located at Bluford and Story and the other at Ocoee/Apopka Rd. approximately one mile north of Silver Star. Commissioner Dabbs asked the City Attorney if it was necessary to amend the ordinance. City Attorney Kruppenbacher recommended they pass the ordinance and then have staff look at each one individually and would not recommend initiating legal steps to have the signs taken 4 . Peg. 5 City COMMission Agenda July 7, 1987 down. Commissioner Bateman asked that a time limit be established for exisiting signs and that the Commission should let staff know what time frame they would like. Attorney Kruppenbacher asked that staff be given time to see if there are any other signs that would be affected and bring back to the next meeting and take care of all of them at one time. All of the Commissioners were in agreement that some time limit should be established for "grandfathering" the existing signs. Commissioner Dabbs suggested the time limit be tied to the length of the lease on the signs. This item will be on the July 21, 1987 agenda under Old Business. The other person that requested to speak was Carl Bogle, Peterson Outdoor Advertising, Orlando, Florida. Mr. Peterson asked the Commission's consideration on any signs that would be on property that was/would be annexed into the City as they do not have any signs within our City limits at this time. Attorney Kruppenbacher assured Mr. Bogle that his property rights would be dealt with legally by the City. There were no other comments so the Public Hearing was closed. Commissioner Bateman moved to approve Ordinance 964, Commissioner 30hnson seconded and the motion carried unanimously. The matter of the "grandfather clause" will be placed on the agenda for the 3uly 21, 1987 meeting. e Other Bu.ines. - None COMMENTS FROM CITIZENS/PUBLIC Teresa SetJe, 1615 lson Lane, asked to address the Commission regarding poor Cable TV service. Mayor lson explained that this item would be addressed later on the agenda and she could speak at that time. NEW BUSINESS Appointment to Recreetion Board This item will be tabled until the 3uly 21, 1987 Meeting. Commissioner 30hnson explained the need for a new member due to the resignation of Mrs. Vyonne Nytes. REPORTS AND INFORIIATION - CITY MANAGER , Follow-up Agenda Report City Manager Ryan explained that several of the items on the follow-up agenda are carried through to the 7/21/87 Meeting and the rest of the items have been/being handled. Commissioner Dabbs asked the status of the cemetery and if staff would make a recommendation. Mr. Ryan explained that the same staff person with the responsibility of the cemetery was also the one that handled our insurance and had been busy with the insurance proposals. We were reviewing and 5 . Page 6 City Commission Agenda July 07, 1987 preparing a survey to determine the need. The meeting with the Orange County scheduled for July 20, 1987 at 7:00 p.m. Commission Chambers downtown Orlando. Commission had been at the Orange County Discussion Tri County Transit Authority Bus Transportation City Marlaget~ Ryarl explaiY"led that the "Lc,cal Assistarlce" portion of the cost for the proposed bus service for Winter Garden-Ocoee area had been set at $54,000. This cost was to be shared 1/3 with Ocoee, 1/3 with Winter Garden and 1/3 with Orange County. He asked direction from the Commission and suggested that Mayor Ison meet with Mayor Barber of Winter Garden and determine what their participation would be. Mayor Ison requested, due to the time involved in preparing budgets, that City Manager Ryan meet with City Manger Creech of Winter Garden for that purpose. City Manager Ryan also stated that the present routes do not include Apopka and requested approval from the Commission to address this to the Tri County Transit Authority since the food stamp office had been moved from Winter Garden to Apopka. The Commission approved the request. e Stucki Property City Manager Ryan explained that we had received correspondence from Mr. Stucki regarding drainage and prescriptive rights on his property south of Story (old railroad property). Mr. Stucki felt that the City had damaged his property and asked for compensation and he had submitted a copy of an appraisal report. Mr. Ryan requested approval to use the property appraiser City Engineer Kelley had used for the Prima Vista Study in order to finally come up with a value and then go from there. The Commission approved the request. In this same light, Mr. Kelley stated that this property could be considered in evaluating the needs for the Kissimmee Water Plant. Intersection Improvements City Manager Ryan reported that the Florida Department of Transportation had scheduled intersection improvements for the intersections of Bluford and McKey, Bluford and Story and Silver Star and Ocoee-Apopka Rd. in the 1989/90 time frame. City Manager Ryan also reported that City Planner Wagner had been appointed Chairman of the Transportation Technical Committee of the Metropolitan Planning Organization. RECESS: 9:00 p.m. CALL TO ORDER: 9:25 p.m. - CITY ATTORNEY 6 e e e Page 7 City Commission Agenda July 07, 1987 Response to City Commission Request regarding increase of Commission Compensation City Attorney Kruppenbacher submitted a proposed ordinance for the Commission's consideration regarding increased compensation. He had left blanks where the amounts were to be placed and asked that they study the ordinance and come up with an amount and set for the 8-4-87 agenda. He explained that this would not take effect until after the November Election because the ordinance had to be passed at least 6 months prior to an election. Reponse to City Commission Request regarding Cable TV Franchise City Attorney Kruppenbacher, in reponse to the Commission's request to look into the Franchise with Cablevision Industries, explained that any effort to revoke a Cable TV Franchise had been a lengthy and costly process. He urged the Commission to provide the opportunity for due process and explained several steps they could take. They could hold a Public Hearing and could give notice that no more connections would be allowed until the Cable company took action to improve the level of service. Mr. Kruppenbacher recommended the Commission hold a Public Hearing on August 4, 1987 Meeting and that the City Manager send a Certified Letter to Cablevision Industries articulating the issues that had been discussed at the meeting and then he correspondingly would bring back a multiple franchise that dealt with the issues. Commissioner Bateman reported on his recent problem with the Cable company. He had been without service on a Friday, Saturday and Sunday and had not been able to contact anyone after 5:00 p.m. on Friday to Monday morning. He had received reports of citizens cancelling HBO, Showtime, etc. and those that had constantly complained had purchased satellite dishes and antennaes. Teresa SetJe, 1615 Ison Lane, explained her problems with the Cable Company. She stated she had only lived in the City of Ocoee for a month and had several problems such as a rude service man, confusion on the time for the hook-up, the billing and the addition of 2 premium channels. All members of the City Commission agreed to hold a Public Hearing on August 4, 1987 in order to air complaints on the cable service and that a Certified Letter be sent to advise Cablevision Industries of the hearing and request they be present. Status Report Orange County Lawsuit Attorney Kruppenbacher explained that there were 4 different lawsuits opposing 4 different annexations. Since 3 had been assigned to Judge Kirkwood and 1 to Judge Baker, there was a two week delay for the reassignment of the case of Judge Baker's to Judge Kirkwood. The lawsuits basically state that 1 - we created enclaves/fingers, 2 - in one case, allegedly 7 tit Page 8 City Commission Agenda July 07, 1987 failed to comply with Florida State Statute because an owner did not sign a petition. The developer in three of the cases had hired the law firm of Maguire, Voorhees, & Wells to intervene in the lawsuits and Orange County opposed the intervention. The City of Ocoee and co-counsel had filed a motion to dismiss, but Judge Kirkwood denied the motion because he did not have enough information before him. Mr. Kruppenbacher estimated a decision on the lawsuits in about 60 days and stated he would call each of the commissioners to discuss the case. He further stated that everyone was communicating and he felt the issues could be resolved. Louis Geys, President of Wescar, Inc., stated that he was pleased with the work done by Frank Kruppenbacher and Ted Ryan and they had been very cooperative. Commissioner Bateman mentioned the bill that had been passed in the legislature known as the Florida Government Cooperation Act and which had been proposed by Mayor Ison. It will cover these types of issues as they come up in the future as it required elected officials from one body to sit down with officials from another body before they would enter into a lawsuit. e Status Report Courtney Lawsuit Attorney Kruppenbacher submitted an agreement for the Commission's review and stated that it was what they had previously approved and recommended they authorize the Mayor to execute. He, Mayor Ison, and City Manager Ryan had met with Mrs. Courtney and reached a settlement agreement to end the lawsuit. Commissioner Bateman moved to approve the agreement, Commissioner Dabbs seconded and the motion carried ur,arl i ml:II.IS I y. Status Report Code Enforcement Board Attorney Kruppenbacher reported that Florida Statutes preclude the City Attorney's law firm from representation on the Code Enforcement Board, therefore a separate attorney had to be retained. This item will be placed on the agenda for the July 21, 1987 meeting. Recommendation on Ditch Maintenance This item will be placed on an August agenda. Staff would like the City Engineer to inform them what drainage basin would serve the ditches. Mayor Ison asked that we check into either contracting out or using our own people for the ditch maintenance as it will need to be done again in October and shoud be done twice a year. Commissioner Bateman requested an estimated cost for using our own people and contracting it out. Tony Occhiuzzo, PWD, stated he would have a report by the August meeting. . 8 _J . Page 9 Cit.y COMMission "..t.ing 3uly 7, 1987 Propos.d Ordinanc., Occupational Lic.ns. Attorney Kruppenbacher presented a proposed ordinance for the Commission to review and asked that they advise if they want any changes. It will be placed on the 3uly 21, 1987 agenda for First Reading. Propos.d Ordinanc., Parking Fin.. Attorney Kruppenbacher stated that he had the material and before he could propose would have to meet with Chief Boyd. thoroughly analyzed an ordinance, he Other items reviewed by the attorney were as follows: A memo was sent to Chief Boyd reference trespassing; a raffle could only be held by charitable non-profit organizations; he reviewed and approved the developer's agreement; and on the matter of unpaid engineering fees - he recommended using small claims court on those accounts under S5,OOO.00 and sending Certified Letters on those over S5000.00 along with a phone contact to the person responsible in order to prevent a lawsuit. e He reported that Mr. Stucki had threatened to close the ditch which had been a point of controversy for some time. Mr. Kruppenbacher recommended notifying Mr. Stucki not to close the ditch until the matter could be resolved and that we would seek inJunctive relief if he did close it. Attorney Kruppenbacher stated that the financial advisor/bond company retained for the potential acquisition of Prima Vista Utilities might need to be changed. He explained that the fluid nature of the market might make it feasible to make changes, and he would have a recommendation about this at the next meeting. On August 4, 1987, the Commission agreed to schedule a workshop prior to the regular meeting so the City Attorney could update the Commission on new legislation passed by the State. CO""ENTS FRO" CO""ISSIONERS Commissioners 30hnson, Dabbs, and Hager had no comments. Commissioner Bateman suggested that the February 19, 1985, Resolution <#85-04) which established the Ocoee Historic Commission be enlarged to an ordinance to include the election of officers, and that this be developed for the August 4th meeting. e Commissioner Bateman also recalled suggestions for Program" by at least two of the applicants for City a "Bike Manager 9 e Page 10 City Co..ission Meeting July 7, 1987 in their interviews last year. He urged the City Commission to consider implementing a similar program instead of auctioning off the bikes that were confiscated and/or found by the Police Department. Under the program a bike might be earned by no more than %orty hours of volunteer work. He suggested that a civic club might do the painting and repair work on the bikes. He %elt it would be a very worthwhile proJect. Mayor Ison recommended that the basketball game scheduled %or the following Saturday be changed to a softball game and postponed to August 2nd %ollowing the Fishing Tournament. Employees from the Police and Fire Departments will challenge City Administrative officials. The meeting adJourned at 10:30 P.M.. ____::In__L__ Mayor Ison e ---~~~~-~~-------- D~uty Clerk Green e 10