HomeMy WebLinkAbout08-18-87
RINUT.~ OF CITY CORRI~~ION REETING HELD ON AUGU~T 18. 1987
.
Meyor Iaon celled the Meeting to order e~ 7:38 P.M., end led
in prayer and in the pledge 0% allegiance to the %lag.
PRESENT: Meyor Iaon, Co..issioners Johnaon, Debba, Bete.en,
and Hager: City Haneger Ryan, City Attorneya Kruppenbacher,
Drew ThoMe., and Linda Barnby, City Clerk Catron, Planning
Director Wagner, Public Works Director Occhiuzzo, City
Engineers Kelley and Merkel, Water Superintendent Cockrell,
Asaiatent Planner Rivera, end Deputy Clerk Green.
A"NT: None.
PRESENTATIONS AND PROCLAKATIONS
Meyor Iaon ate~.d thet he hed bo~h "good new. end bad new."
as he welcoMed all those present. He explained that the
IIgood new.1I waa ~ha~ he waa glad they had COMe and they were
welcoMe to participate, and the IIbad news" wes that, due to
~h. leng~hy Agende, he MU.~ aak thoa. who spoke to the
COMMission to be considerate 0% the tiMe and to .ake their
re.arka concentrated and apeci%ic so tha~ all .ight have a
chance ~o participate.
APPROVALS - ~S..T AG..DA
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COMMissioner Bete.en Moved to epprove all it..s on the
Con.en~ Agenda, Co..iasioner Johnson aeconded, and approval
was unaniMoua. IteMs approved were aa %ollows: A - Regular
CO.Miaaion M.e~ing Minutea 0% 8-04-87: B - Workahop
COMMisaion Heeting Hinu~ea 0% 7-28-87 & 8-04-87: C - Special
Se..ion Co..isaion M.e~ing Minutes 0% 7-28-87; D - Proposed
Ordinence, Hexi. Building Corporetion Annexetion, let
Reading; E - Propo.ed Ordinance, Vacating Oak Street &
Cali%ornia Street, ls~ Reading: F - Propo.ed Ordinence, Ocoee
His~oric Co..iasion, 1st Reading; G - Proposed Ordinance,
Gran~ing Non-Exclusive Franchise to CebleVision 0% Centrel
Florida, 1st Reading. Mayor I.on read the proposed ordinance
in IteM D, and City Henager Ryen reed the proposed ordinences
in It..s E, F, and G by title only. Th. Mayor explained that
the public hearings and second reedings %or the proposed
ordinances would be held before action was teken.
OLD ausl...
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....'.1 S~.~~ Repor~.
C,~, .._'...r - To. K.ll.,
8ow.... Roed ProJac~ - Appro.. ~or aid
Hr. Kelley, asaisted by Leon Glover and Lea Pal.er 0% P.E.C.,
provided board displaya of proposed plana for the Bowness
Road proJect. They explained that the road would be 2800
fe.~ in length froM the beginning at Franklin to the
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Ci~y C~.i..ion ...~!nt
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terMinetion et Kissi..ee. In eddition to the peving, they
ea~i.a~ed an approxi.ate coat of .75~000.00 for the railroad
croaaing along with any perMita that would be needed fro. DER
and ~he Water Manage.ent Di.~rict. Mr. Kelley also stated
that he hed spoken with the property owners, Generel McGee
and Jerry Brown, abou~ acqui.i~ion of right-of-way, and Mr.
Brown would address the. la~er. In reaponae to Mayor Ison~.
ques~ion~ Mr. Kelley aaid the proposed paved wid~h for the
roed would be 32 fee~ - 24 fee~ for travel lanea, and 4 feet
for each shoulder. The design speed for the roed would be 35
MPH, with a signed speed of 30 MPH. Co..issioner Hager asked
about the possibili~y of a 30 foot road width with curbing.
Mr. Glover anawered that curbing was ou~ now, and tha~ the
plana aa proposed .e~ new Sta~e DOT criterie. Co..iasioner
Dabbs asked if the shoulder paving would be in lieu of
curbing, and if the paving would be .ore or les. expenaive
then ~he curbing. Mr. Glover responded that the cos~ would
be abou~ ~he se.e. Co..issioner Dabbs questioned the change
in the Engineers' recoM.endation fro. curbing to paving since
~he last .ee~ing. Mr. Pal.er explained thet their change wes
in response to new stendarda which hed been received frOM the
State wi~hin the las~ two weeks. Co..i.sioner Be~e.an stated
his concern that a 4 foot shoulder would be inadequate for a
disabled ~ruck ~o pull clear of the roadway. Mr. Glover
stated that 4 feet of dirt, as well as the 4 feet of peving,
would be plenned for each side of the roed. Mr. Bete.an said
he believed we would need to guarantee 9 or 10 feet of solid
foundation, and explained tha~ he waa .earching for advice
rather than Making suggestions. Mr. Kelley responded that
funding would be the cri~ical aspect for ex~ending the
shoulders. Mayor Ison directed Mr. Kelley to be sure we have
enough righ~-of-way to provide adequa~e pullover are. for
trucks.
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Jerry Brown, 1209 Country Lene, Orlando, one of the owners of
Tiger Pew Inc., explained the~ they hed given Orenge County
the right-of-way needed for the Bowness proJect in the 1960's
with e ~hree yeer reverter cleuae, end they felt ~he property
had reverted beck to the.. He atated that the route chosen
for the western expension of the East-Wes~ Expresawey would
effect their property, and a.ked the Co..ission to delay the
Bowness Road proJect until the design of the western
expansion was deter.ined, which he underatood would be done
by July, 1988. He expleined that he wanted to assure proper
drainage and protection for 140 acres of priMe orange grove.
As Mr. Brown had not sought legal advice about the reversion
of the right-of-way frOM the County, he aaked Mr.
Kruppenbacher if he thought ~he property had reverted to hi..
Attorney Kruppenbacher explained that he had not looked at
the title, end had not been provided with the legal
descriptions. Attorney 8ernby explained that title searches
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C1~y Coaa1aa1on ...~1n9
A",ua~ 18. 1987
were celled for.
In repsonse to COMMissioner Debbs question, Mr. Kelley
confir.ed tha~ .ore righ~-of-way would b. n.eded then hed
b.en initially expected. Hayor Ison co..ented that we could
not continue or go to bid with the Bowness proJec~ until
right-of-way questions had be.n answered. City Hanager Ryan
s~eted tha~ Mr. Brown and General McGe. hed been deligh~ful
to deal with, and .entioned how Much he appreciated their
congeniali~y.
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Meyor Iaon instructed the City Attorney end City Engineer to
obtain legal de.cription., ~o deter.ine the right.-of-way
which needed to be acquired, to eddresa conde.nation or
purchase, and ~o look at special eaae....n~s to land owners
along the right-of-way. He alao suggested that a public
hearing be scheduled ~o ellow effec~ed lend owners an
opportunity to be heerd. Co..issioner BeteMan stated that he
fully supported the directions to Steff to cleer up righ~-of-
wey probleMs, end told Hr. Brown thet it wes his
unders~ending the~ the Expreaswey Authori~y would select the
rou~e for the western expansion in October of 1987. Hr.
Brown again asked for the delay of the proJect, and Mayor
Ison stated that we could not guarantee that the western
extension of the Ea.~-We.~ Expressway would be buil~ and
therefore could not put ~he proJect on hold. The .at~er was
tebled un~il the right-of-way si~uetion could be resolved
with a status report to be given a~ the 9-1-87 Meeting.
U.,redin, ~ Ki..i.... We~er Well - Approve ~or aid
Hr. Kelley reported that they had planned to use a site south
of ~he existing plant instead of the one to the north, and
the appraisal work was pri.arily done. The design was under
way for that site, and they were waiting on soil sa.ples
which were being done by Hike SiMs Associa~es. He estiaeted
the proJect would be ready to bid by Oc~ober, 1987.
Engineer Kelley reported that weter line improve.ents planned
for ~he Fall in the old part of town would have an esti.ated
cost of S300,000.00. The aeriel work had not been COMpleted
end it would probebly take enother week; therefore, he
estiMeted it would be October before this proJect would be
ready for bid. The upgrading of the Kissi..ee Water Well and
Waterline Improve.ents to the old pert of Ocoee will be on
~he Agende for the second .eeting in October.
Public Work. Direc~or - Tony Occhiuzzo
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Repor~ on W.~.r Qu.li~y - S~.rke L.ke
As directed by the CO.Mission, Hr. Occhiuzzo
quality study of Starke Lake done by Ho.er
had a water
Royals of
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Ci~y ea..i..ion ...~ing
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Integeted Aquatic Services. A copy o~ the study wes provided
to theM in their egenda peckets. Mr. Royals wes present to
explain their findings and to answer eny questions the
COMMis.ioners Might heve. He reported that the water quality
of the lake hed not changed appreciably in the lest severe 1
yeers. He said the leke did have e nUMber of problem ereas
es increesed developMent, .eptic tenk., storMwater dreinage,
roed. (e.pecially Silver Star>, end citrus grove run-off
contributed to the nu~ri.nt load. He cOMpered nutrient
levels in S~arke Leke to tho.. found in Lake Apopke (10 tiMes
More than Starke>, Lake Okeechob.e (2 tiMes More than
S~arke>, and the Butler Chain (1/2 ~he level found in
Sterkel. He seid tha~ Sterke Lake was in fairly good
condi~ion, but the po~.ntial was there for increase in algae
blOOMS. He recoMMended prolonging the heelth of Starke Lake
with e prograM of storMwater retention, aquetic plent
propegation, and education of the property owners adJacen~ to
~he lake.
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In response to Meyor Ison's question ebout the efficecy of
s~orMweter re~en~ion ponds now being considered by the City,
Mr. Royels seid thet the ponds would be the number one choice
for limiting sources of nutrients entering the lake.
Commissioner Dabbs esked if stormweter retention wes cost
effective, end Mr. Royels replied the~ he could not answer
thet question et this time. Commissioner Beteman cOM.ented
thet he believed the~ run-off from Silver Ster wes a MaJor
source of pollution, and he asked Mr. Royals if a PH study
hed been done. Mr. Royels said it hed been done and he
believed the reading was 7.6.. He added that PH levels
fluc~uated eccording ~o ~he time of day, and explained the~
ell the semples for the t.s~s in the study hed been taken on
July 9th at one location. Following discussion about which
plants would be helpful to the leke (cattails helpful/trees
less so>, Mr. Royals agreed ~o provide a list of "friendly"
plants to Staff. Mayor lson suggested that Meetings be
scheduled with homeowners associa~ions and civic clubs to
disperse information about iMproving/preserving the lake. In
closing, Meyor Iaon esked Mr. Royela if, based on his
studies, he would reco.Mend swimming in Starke Lake. He
replied thet he would ski in the lake, but he would keep kids
off ~he bottom.
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W.~.r Qu.li~y - S~.rk. Lak., Ph... II - Pol1u~ion Aba~...n~
Ci~y Engineer Rick Merkel began the report on his
investigation of the Starke Leke end Prima Viste Leke
dreinege besin with en explanetion of en exhibit depicting
the seven area besins. The besins he pointed out were:
1 - Aree behind Ci~y Hell - need ditch ~o pond with
underdreins.
2 - Aree south of City Hell - need pipe work to redirect
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C1tV Coaa1..1on ...t1nt
Au.uet. 18. 1,.?
drainage to ponds.
3 - Area lying lergely in the County with unpeved roeds
and en undefined stree~ drein sya~ea - aost difficult to
iMprove.
4 - Aree north of City Hell/Treiler Perk Area - need stora
systeas to collect dreinege.
5 - Aree elong Center Stree~ need collection
systea/ecquire piece of land.
6 - Area of Sleepy Harbour Subdiviaion - unsuccessful in
:finding plens end the collector syatea is very deep.
7 - Aree west of Robert's Rise - dreins to sweles - need
to put check deas in swele to percolate soae of the weter.
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The Meyor esked ftr. Merkel how the iaproveMents should be
iapleaented, esked hia to identify the ~hree aoat coat
e:f:fective areas, and to provide a IIguesti.atell o:f the costa
to iaprove eech of the thea. Mr. Merkel replied that
improveaents to besina 1, 2, end 5 would be aoat cost
effective, end the~ auch could be gained et a saall cost in
basin 7. Estimated coats for all seven would be $700,000.00,
with estiaeted construc~ion costs only for basin 1 at
$33,000.00, besin 3 at $145,000.00, besin 5 at $109,000.00,
and besin 2 at $65,000.00. City Manager Ryan suggested ~het
the proJect be referred to Steff to look at the scope and
financing and report back to the Coaaiasion. Mr. Merkel wes
directed to work with Ted and bring beck conceptual plans for
iaprovelllen~s.
Coat Eat1aet. ~or Ditch Raint..nanoe by Cont.rect.
Mr. Occhiuzzo hed provided coa~ eatiaatea for contrac~ versus
in-house aaintenance aethoda :Eor the recently i.proved
dreinege ditch systea in the Northwest area o:f the City. He
estiaeted that City eaployeea could do the work :Eor about
half o:f contract coata. He requested the Coaaission to
consider that the work be done in-houae on e triel besis to
deteraine the tiae i~ would require, and ~hen ~o get en
enalysis and advertise :for bids wi~h reel figures. The work
would need to be done :Eour tiaes a year. Mr. Occhiuzzo was
directed to report on the atatus of the ditch cleaning
proJect a~ the October 6, 1987 aee~ing.
Publ1c H.ar1ng
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Cebl. TV Serv1c. Provided by Franchi.. (Cont'd ~roa 8/4/87)
Joe Taylor, the Regional Menager of Cablevision Industries,
read his August 13th letter to the Mayor and Co.aissioners in
which he subaitted a IIschedule of even~s and coaai~aentll :Eor
their epproval. The coapeny's coaait_ent. included
additional of:fice staff, a new and ~g~g~~~~ telephone syatea,
upgreding of trunk end distribution systea, instellation of
standby power sources, replaceaent of service drop wires to
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Ctty Coaat..ton ...ttn.
Au.uat 18, lM7
ebout 1,400 subscribers, the addition of
repor~s to the Co..iasion in wri~ing or
.onthly if requested to do ao. TiMefraMea
ranged from iamediately ~o 120 daya.
Channel 56, and
in person twice
for accoMplishMent
Co..issioner Betemen expressed his respect end eppreciation
for ~he way Mr. Taylor responded to all the complaints and
criticisM et the last aeeting. He stated that Mr. Taylor had
done e good Job of putting together e chein of even~s end
aoved ~o give him until DeceMber 31, 1987, to accoMplish the
improvements as indicated, and that he provide wri~ten
Monthly progress reporta to the COMMiaaion. COMaissioner
Johnson seconded ~he Motion.
Rene Cesteel, 1004 Ideho Court. cOMplained poor ceble
reception end proble.s with repeir service in 3une and July.
Pet Buckles, 1506 Mone, cOMMented thet his probleM with
recep~ion on Chennel 2, ebou~ which he hed cOMpleined at the
last Meeting, had been fixed the next day. City Manager Ryan
co.men~ed ~hat he waa perheps one of the few, bu~ he had not
had any problems with cable reception.
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COM.issioner Debbs cO.Mented the~ aince Mr. Teylor's lest
visit, Mrs. Ceste.l hed had problema, and that he was tired
of pious pla~itudes. He would like to aee a progresaive
discipline report, es he believed we were way peat proMiaea.
CO.Missioner Hager com.ended Mr. Taylor for the .ore active
work force which he had obaerved since the laa~ Meeting. He
said that line problema were a maJor part of Cablevision
Induatries' probleM, and that he had noticed a nUMber of new
lines. He aeid tha~ his personal recep~ion was better, and
that he hoped it would continue to iMprove. COMMiasioner
Johnson steted thet he did not ~hink we should heve hed to
come to ~his point, and that he would hold hia plaudits for a
Job "well-done".
City Meneger Ryen ateted thet it would be eppropriete
.e~hodology to direct Steff, elong with a Mo~ion amendaent,
to send e written letter of protest aa needed, if the
COMMiasion wished to do ao.
Co..issioner BeteMen ateted thet his motion did not intend to
abaolve Mr. Taylor'a firM fro. any ble.e, bu~ tha~ he was
willing to give the. a chance.
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In respec~ to the tiMe, Mayor Ison directed thet the City
Clerk and City Manager place the Matter under discusaion on
the September 15th Agenda as It.M N1 under Old Buaineas for
any citizens in the service area to report on levels of
service. He seid tha~ Mr. Taylor could provide verbal or
written reports as he wished.
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Cit, C~.i..ion -.-tin.
Au,u.t 18, 1987
The Motion to extend the period for eccoMplish.ent of the
i.prove.en~s ~o Dece.ber 31, 1987, and providing for Monthly
progress report. to the CO.Mi.sion was unaniMously approved.
REC.88: 9:24 P.M.
CALL TO ORD.R: 9:35 P.M.
Meyor I.on directed that Ite. IV-D-1 be Moved forwerd on
the Agenda and considered at ~hi. ti.e.
Public H.aring. and Second Reedin..
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Ordinanc. 999, A.endin, Sanitation Rat..
City Kanager Ryan stated th.t Staff had reviewed and
revisited Ordinance 999, .nd repor~ed tha~ the City could
COMpete .ffectively in proviaion of co..ercial sanitation
service, and reco.Mended tha~ the .econd reeding of the
ordinence be ebated. The Co..is.ionera agreed to continue to
provide cOMmercial service if the co.~ we. absorbed by those
for who. the service would be provided. Co..issioner
Johnson Moved to kill Ordinence 999, A.ending Sanitation
Rates, CO.Miaaioner Dabba a.conded, end approval wes
uneniMou&. A fira~ reading would b. h.ld for a new ordinence
at the SepteMber 1st Meeting, which would contein increeaed
re~es for co..erciel service.
Public H.arin._ and Third Reedin._ (Cont'd fro. 8/4/87>
Prior ~o the discussion of each dev.lopers egr....nt end/or
third reading. of each Rezoning Ordin.nce, Planning Director
Wagner described .ach parcel and Assistant Planner Rivera
pointed out ~he site on the .ap.
W.acar, Inc. P.tition
R.view/Approval - Dev.loper. A.r....nt
Planning Director Wagner su..arized the .aJor points of the
developers .gr....nt which he not.d we. Mostly a atandard
one. The owner would trenafer eddi~ional righ~-of-wey elong
Silver Ster for inter.ection iMprov..ent., would per.it
access cu~s ~o Silver Ster at .ini.u. 400 foot intervals, and
would provide stendard wat.r linea and looping. Further, the
developer specifi.d 1/4 acre lo~. and the use of septic
tenks. If sewer we. evailable, hook-up would be at the
developer'. op~ion.
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Co..isaion.r Bet.Men Mov.d to di.epprove the Develop.r.
Agree.ent on the basi. of the d.velop.r deter.ining wh.th.r
or not s.ptic tenka would b. uaed. Co..isaioner Dabbs
seconded for discuasion. Mr. Bate.an co..ented tha~ s.ptic
tanks were conta.inating Lake Oly.pic, and that the developer
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oi~p o~.i..ion ~in.
A~.~ 18, 1..7
ahould not t.ll the Co..iaaion what he wes going to do.
Co..iaaion.r Dabba esked if p.rcolation and hydrologicel
atudiea hed not been don..
Devid Outlew, of W.acer, Inc., atated thet th.y hed egreed to
aeptic tanka for the area b.cause ~he .v.il.bility of aewer
lin.a w.s question.ble. Louia C.ya, President of Weac.r,
Inc., ste~.d th.t if it were .v.il.ble, they would hook-up.
The Co..isaion and the Weacar repreaentatives agreed to a.end
the Developers Agree.ent by the del.tion on P.ge 5, Line 3
fro.. '.Develop.ent.. through "How.v.r" on Line 6.
Co..isaioners Bat...n .nd D.bba ~hen wi~hdr.w their previous
.otion and aecond. Co..i.aioner Ba~eaan .oved to approve the
Developera Agr...en~ .. ...nded, Co..iaaioner D.bbs a.conded,
.nd the .otion was unani.ously approv.d.
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Reaonin. Ordin.nce He ((~._ 110. 151t-87)
Fro. A-1 Agricultural to C-2 Co.aunity Co..ercial (8 AC>
.nd R-1-AA Single Fa.ily Dwelling (15.3 AC>
Pl.nning Direc~or Wagn.r read the propoaed ordin.nce by title
only, .nd M.yor Iaon opened the public hearing. There were
no co..ents ao the public hearing was cloaed. Co..isaioner
Johnson .oved ~o approve Ordinence 988, Co..iasioner Bet..en
seconded end the .otion waa unaniaoualy approved.
J.p & Do~i Sahorr P.~i~ion
R.view/Approv.l - Dev.lo~. A.r....n~
Plenning Director W.gner direc~ed ~he Co..iaaion.r's
ettention to the s.p~ic tank/a.wer portion of the agree..nt
to which they h.d obJec~.d in the pr.vioua .gr....n~. He
noted that the Agr....nt provided for the paving of e lerge
p.rt of Clerk Ro.d. Aa Cl.rk Ro.d w.. off-aite for thia
property and bec.uae of the n.ture of the ti.ing of thia
aeg.en~, the d.veloper hed b.en given . period of four ye.ra
to conatruct the ro.d i.prove.enta. The owner .lao reaerved
~he right ~o aubs~itute . Letter of Cr.dit for the p.ving.
Meyor I_on co...nt.d thet the Eaa~-W..t Expreaawey Authority
w.nted Cl.rk Ro.d ~o b. a reali~y prior to co.pletion of the
proposed w.atern .xpanaion. The Co..iaaion asked that the
period allowed for cona~ruction of Cl.rk Ro.d be changed fro.
four ye.rs to three yeera (P.ge 3, Line 10>, .nd asked for
~he deletion of the por~ion of the Agr....n~ on P.ge 5, Line
19, fro. "Develop.ent.. through "howevern. Co.ai..ioner H.ger
.oved to .pprov. the D.v.lop.r. Agree.ent .. ..ended,
Co..i.sioner Bate..n ..conded, end the .otion wa. .pproved
u.n.ni.oualy.
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R..onin. Ordin.nce 990 (a... .0. 16R-87)
Fro. A-l Agriculturel to R-l-AA Single F..ily Dwelling
Mr. W.gner read the proposed ordinance by title only. A.
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Ci~, Coaai..ion .~in.
Au.u.~ 1., 1M7
there were
Co..is.ioner
Co..issioner
unani.ously.
no co..ents, the public hearing wea clo.ed.
Be~e.an .oved ~o approve Ordinance 990,
Dabb. .econd.d, and the .otion was approved
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hac.r, Inc. P.t.it.ion
R..iew/Appro..l - De..loper. A.r....nt.
Meyor Iaon stated thet, in a .eeting with hi. eerlier thet
evening, .e.bera o~ the Clercona I.prove.ent Aaaociation
(CIA) hed diacussed di~~erenc.a in the Developera Agre..ent
es co.pered to the Orenge County a.~tle..nt. So.e ele.ent.
which they would like ~o have included in the Agr.e.en~ were:
1 - De~ine who would .aintain the bu~~.r area, the
quali~y o~ plant. ~or ~h. area, and who would aua~ain the
coat. o~ irrigation, etc..
2 - Ensure that a high quality .asonry wall would be
constructed on land bordering .xis~ing ho....
3 - Paving o~ Hackney-Prairie Road.
4 - Apopka-Vineland Road acceaa and Hackney-Prairie accesa
to Clark Road.
S - See .ore co.plete and continuous bu~~ering o~ property
on end eround ell exia~ing ho....
6 - In the aree .et aaide ~or bu~~ering, concerned that
Developer could us. i~ ~or re~ention.
City
the
the.,
.e.~
Meneger Ryen atated thet Ste~~ would like to heve hed
co..en~s to digeat. Aa they had no chance to consider
they could not re.pond. Mr. Ryan auggeated the~ Ste~~
with repreaenta~ivea o~ the CIA to de~ine their
concern..
Mayor Iaon propo.ed thet both the Dev.lopera Agree.ent end
Rezoning Ordinance 992 be tabled until a Work.hop Seaaion on
Septe.ber 1at et 6:30 P.M. ~or a r.port on what had been
worked out by the Ci~y Mang.r, the Ci~y Plenning Director,
end CIA representativea. All in~erested pertie. should .eet
wi~h S~a~~ on Thur.day, Augua~ 27th a~ 7:00 P.M. to discusa
their area. o~ concern.
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Co..iasion.r Debb. stet.d thet he was not co.~ortable with
~he Dev.loper. Agre..ent and that he wa. concerned abou~ the
way we .....d to have changed dir.c~ion. Mr. Ryan atated
~hat Sta~~ need.d co..en~a ~ro. Clarcona r.pr.aentativea and
~ro. the Co..i.aionera. Co..ission.r Bat..an stat.d that he
ahared Co..i.sioner Dabbs' conc.rn, tha~ he wa. not in ~.vor
o~ building walla around prop.rty, and that Clarcona should
g.t incorporated i~ they wanted the privilege. and
reaponsibilities o~ a city. Co..iasioner Dabbs asked what
the dif~.rences were betwe.n the a~ipulated agreeMent end the
Developers Agree..nt. Mr. Ryan and Mr. Wagner seid that they
were not subatentielly di~~erent.
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Ci~, Co..i..ion M..tin,
Ay.uat 1.. 1,.7
ComMiaaioner Betemen moved to teble the Weacer, Inc.
Developera Agreement and Rezoning Ordinance 992 (Case No.
17R-87) until the SepteMber 1, 1987 Commission Meeting,
ComMiasioner Johnson seconded, and the motion was approved
unaniMously.
John G. Pi.rc. P.~ition
R.view/Approval - Dev.lop.r. Agr....nt
Com.is.ioner Dabbs moved to epprove the Developers Agreement,
COM.iaaioner Johnson seconded, and approval wes unenimous.
R..onin, Ordinanc. 99a (Ca.. .0. 20R-87)
FroM C-l Reteil Commerciel to C-3 Generel Commercial
Mr. Wegner reed the proposed ordinance by title only. As
there were no commen~s, the public hearing was closed.
Commissioner Debbs moved ~o epprove Ordinence 998,
COMMiaaioner Heger aeconded, and the motion was epproved
unenimoualy.
Public H.aring. and Second R.ading.
Ordinanc. 999. A..nding Sanitation Rat..
Thi. it.m waa hendled eerlier in the meeting.
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Ordinanc. 1000. Au~ori.ing L.vy on In.uranc. Co.pani..
City Manager Ryen reed the propoaed ordinance by title only.
Mayor Ison opened the public hearing. There were no comments
so the public hearing was clo..d. COMmissioner Hager Moved
to approve Ordinance 1000, Commissioner Dabbs seconded, and
approval was unanimoua.
Commissioner
Commissioner
approved.
Authorizing Florida Leagu. o~ Citi..
F... Fro. tb. In.uranoe Co.panie.
Betemen moved to epprove the
Hager seconded, end the motion was
to Coll.c~
Agr....nt
Agreement,
unenimously
Ordinance 1001. Aaending Occupational Lic.n.. Ordinance
City Maneger Ryen reed the proposed ordinence by title only.
Mayor Ison opened the public heering. There were no comments
so ~h. public h.aring wes closed. Commissioner Johnson moved
to epprove Ordinance 1001 and Commissioner Hager seconded.
Commiasioner Dabbs que.~ioned som. unclear item. in the
ordinance, and Attorney Kruppenbacher recommended that it be
tabled for review. Commi..ionera Johnson and Hager withdrew
the motion to approve. Commisaioner Dabbs moved to table
Ordinance 1001 to the Sept.mber 1st meeting, Commissioner
Bateman aeconded, and approval was unanimous.
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Ann..a~ion P.tition. and Ordinanc..
Mayor 180n explained thet final action would now be taken on
Ordinences 965 through 974. Attorney Kruppenbacher had
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Pa.. 11
C~~y Co..~aa~on ...~~n.
Au.uat. 18. 1987
e
edviaed hia that the public hearing could be held end ection
~aken on the ordinances as a group. Assistant Planner Rivera
pointed out on the .ap eech parcel to be annexed as it was
diacuaaed. Mayor Ison opened the public hearing on
Ordinences 965 - 974. There were no co..ents on three 0% the
ordinances:
Ord~n.noe 165. (C... l'A-17), Ha~old & H.len Cook
Ordinanoe 96', CC... 21A-17), Her~~a.e Develop.ent.
Jo~nt. Yent.u~e
Ordinance 969, CCa.. 2SA-17), R..d Terry
The ordinances %or which there were co..ents were as %ollows:
Ord1nance 966, cCa.. 2OA-.7). W~l.a T.rry. Truat...
Hency Christ.en, 0% the Orange County Planning DepartMent,
expresaed her depar~.ent'a con~.ntion that enclaves would be
created by the ennexation 0% that parcel. Mr. Ryan steted
that Sta%% disagreed with their in~erpretation 0% an enclave.
Attorney Kruppenbecher stated that he understood in recent
diacusaiona with Stewart and Willia.s that the County would
not obJect to enclevea i% they were within the reserve aree
as defined in the Joint Plenning Agree.ent.
Ord1nanoe 96a. CCa.. 22A-.7). Grover H. Yo.., Tru.t...
Ma. Chriat.an ateted ~hat O.C. Planning Depart.en~ Staff felt
that annexation 0% this proper~y in conJunction with the
parcels in *970 and *971 would cause an enclave eround Lake
Johio. Mr. Kruppenbacher ste~ed tha~ these percels lay in
the reaerve area.
Ord~nano. 970. CCa.. 24A-.7). D~11 Propert.~... Inc.
Orange County obJection aa no~ed due ~o creation of enclave.
Ord1nanoe '71. cCa.. 25A-17). Ane.ar. Inc.
Orange Coun~y obJ.c~ion as noted due ~o creation of enclave.
Ordinanc. 972. CCa.. 26A-.7). Ro.. 8. C.~li.ch
Ms. Christ.an .tated that the County obJected ~o annexation
of that parcel becauae a portion 0% it lay outside the
boundary 0% the reaerve area. Mayor Ison stated tha~ i~ %ell
within the "Gentle.en/Ladiea Agree.ent.. erea. Mr. Ryan said
tha~ he had apoken with all %ive County Co.aissioners and
only one had not supported annexation 0% this parcel.
Lynette Cornell, 2516 Good Ho.es Road, Orlendo, steted thet
ho.eowners in her area had signed a petition obJecting to
this annexation becauae of concern abou~ roads/tra%fic.
Co..i..ioner Dabbs and Mayor Ison assured her tha~ issues 0%
roads end off-aite i.prove.enta were addressed in ell growth
plana %or the City 0% Ocoee.
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Ordinanee 973. cCa.. 27A-87). Cit.y o~ aooe.
Ms. Christ.an obJected %or the County becauae a portion
the parcel fell ou~.id. the reserve area. Mr. Ryen and
Wagner explained that only a s.all area was outside
re.erve erea.
0%
Mr.
the
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p... 12
Ci~y co..iaaion ...~ing
AU9U.~ 1., 1,.7
Dennia Broadwey, 8555 Leke Florence Bouleverd, Orlando,
ate~ed hia concern about the portion of Lake Street which
would extend to Leke Florence Boulevard end the increesed
treffic ~het extenaion Migh~ cauae. Mr. Wagner explained
thet the atreet would be a aecond aeana of ecceaa, poaaibly
only for en eMergency, end thoae iaauea would be eddressed in
future developMent plana. In no ceae would en iMproved
roadway be planned for a priMery exi~ on an uniMproved road.
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City Heneger Ryen read by ti~le only Ordinancea 965 through
974 aa no~ed above. Co..iaaioner Johnaon Moved to approve
all of the Ordinancea 965 - 974, and Co..issioner Bete.an
aeconded. COM.iaaioner Dabbs aaked the At~orney for
clerification of the County'a co..enta with reference to the
creation of enclaves. Mr. Kruppenbacher explained that the
County and the City had reached an agree.ent to define the
boundery of the Joint Plenning Aree, end thet the County
would not obJect to anything done in the Planning Aree.
These annexationa were in proceas before Mr. Ryan talked to
the four County Co..issionera. He reco..ended that the City
Menager and the Planning Director e~~end the County
Co..iaaion Meeting when Coun~y Staff presented their case.
Co..isaioner Debbs aaked Ma. Chriat.an if she wea the County
lieson to the City, and if it would be reaaonable to eSSUMe
that if County Staff had obJec~ions we would be eppreiaed and
the~ we would be notified when the ite.s would go before the
Coun~y. Mr. Ryen a~ated that Ma. ChristMan received
direction frOM Orange County Planning Depart.ent, and that we
would no~ know if ~hey consulted wi~h Coun~y S~aff. Mr.
Kruppenbacher aaked if the County AdMinistrator or Aaaiatant
AdMiniatrator had been appraiaed of the Plenning DepertMenta
poaition, and Ma. ChristMan replied that ahe wea not aware of
it if they hed been conaulted.
The question was celled for on the
Annexation Ordinancea 965 through 974,
approved unaniMoualy.
Motion to epprove
end the Mo~ion wes
ot.her auain...
.
Propoaed Aoqui.i~ion o~ S~ucki Proper~,
City Manager Ryan directed the CO.Miasionera' attention to
copies of correspondence with reference to the Stucki
property. Mr. Ryan explained thet we had one appraiaal but
tha~ state law required two appraiaals. Attorney
Kruppenbacher stated that the firat appraiaal waa inCOMplete
until the engineer identified whet property he wanted. Hayor
Iaon ateted tha~ the Ci~y ahould buy no land wi~hout clear
title, and that we should decide whet we need and Make an
offer subJect to title inaurance and proof of ownerahip. The
City Engineer wea directed to define the portion of the
12
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P_ 11
C~~, C~.~..~on ...~~n.
Au,u.~ la, 1,.7
Stucki Property which wes needed for dreinage, end the City
Attorney wa. asked to review all legel raMi~ications. A
report was to be aade at the SepteMber 1st Heeting.
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Report on Acqui.ition o~ Pri.a Vi.ta Utili tie.
City Hanager Ryen explained that special legal counsel wes in
the process o~ ~inalizing the wording o~ the contract. A
short suaaary o~ the stet us o~ the acquisition hed been
provided ~or the COMMissioner.' review end in~oraetion.
Hayor Ison asked the Coaaissioners ~or their tentative
epprovel o~ nego~ietions/proceedings ~hus ~er end ~or ~eed-
back ~roa theM. Coa.iasioner Dabbs asked if it were e
"doeble deel", end Hr. Ryan responded thet Hr. Cohen wes
dotting every "i" and crossing every "t", and would be here
~or presente~ion o~ ~he con~ract. Coaaissioner Dabb. stated
that the purchese price was reasonable, that we were heeded
in the right direction, and ~o have the ~eaM "nail down" the
agreeaent as soon as possible. Hr. Ryan ~urther stated that
there would not be a ra~e increase to existing ho..owners,
and that they would not beer the cost o~ the acquisition.
Coaaissioner Johnson echoed COMMissioner Dabbs views ~hat the
acquisition was long overdue, and that it should proceed.
COMMissioner Heger aoved to conceptuelly epprove, and that
Sta~~ be euthorized to continue with negotietions, end to
bring it back ~or the review o~ the CoaMission. COMMisaioner
Bateaan aeconded the aotion wi~h enthusia.tic support, and
the Motion was unaniaously approved. The target dete ~or
takeover of Priaa Vista Utilities was October 1, 1987.
CON...TS FROM CITIZE.S/PUaLIC
Public Works Director Occhiuzzo reported that he hed received
e letter frOM Florida DOT announcing e precon.truction
meeting on Thuradey at 10:00 A.M. ebout the resurfacing
iMproveMents for Silver S~er Roed frOM 437 to Good HOMes
Road.
.aw aUSI.ESS
e
Appointaent. to the Code En~oroe.ent 80ard
One Ter. ~o 6/90 and Ano~her Ter. ~o a/90
Code Enforceaen~ Board Chairaan John Linebarier had reviewed
the Florida State Code and reported that ~wo aeabers of the
Board aight be serving paat the allowable teras as de~ined by
Florida Sta~e Statutes and the City Code. COMaiasioner
Bat.aan stated that the Coaaission had no intention o~
liaiting Code En~orc.aent Board Meabers ~o only one three
year terM. COMai.sioner Hager agreed that the two aembera in
que.tion (Linebarier and Carroll) were two o~ the best
aeabers on the Board and echoed Hr. Ba~eMan's opinion.
Attorney Kruppenbacher would review the statutes and bring
13
r-
Pag. 14
C1~y eoaa1..1on M..~1ng
Au.u.~ 18. 1M7
beck en eMended
provide wha~ he
Commission.
code to provide et the
believed to be the
next Meeting
intentions of
to
the
Approval Incr.... o~ Li~. and Di.abili~y In.urance ~or Ci~y
..ploy... - Coaa1..1on.r .a~"an
Commissioner Bateman explained that, along with the increesed
medical coverages already approved, the approval of increased
life end disability insurence for City employees would
accomplish what ~he Com.iaaion hed se~ ou~ to do. The
proposal now under consideration would include life inaurence
coverage equal to the ennuel selary of the covered e.ployee
with an edditionel accidental death double indemnity
provision. Further, a diaabili~y provision equel to 66 2/3%
of the gross salary for an e.ployee for 52 weeks would
provide e good disability/income protection for City Staff.
The estimated annuel cost for the reviaed proposel would be
$25,250.00. Commisaioner Ba~eman reco.mended thet the
Commiaaion authorize the life and disability insurance
progreM with Bankers Life Nebrakaa end direct the City
Manager to provide funds in the 1987-1988 budget, and he ao
Moved. CO.Missioner Johnson seconded, end the mo~ion wes
unanimously approved.
.
REPORTS AND INFORMATION - CITY MANAGER
Follow-up Ag.nda
All items on Follow-up were being handled es noted.
CITY ATTORNEY
Attorney Kruppenbecher expleined thet he would provide en
ordinance for the Historic Com.is.ion which would be More in
line with the City's other bodies and boards.
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Propoaad Con~rac~ C1~y Manag.r
Commissioner Johnson suggested a change for Section 4 to
provide for cer insurence for personel vehicle use.
Commissioner Oebbs .ta~ed thet he conceptuelly supported the
contrect, but sugge.ted thet aome specific eveluative
criteria for en annuel review should be included in the
contrect. Mr. Dabbs edded thet Commissioners send
conflicting signals to the City Manager and it would be only
fair to say to him what we expect. Commissioner Bateman
atted that he did not "grade" adults. Comllisaioner Hager
co..ented that the Commiasion had the ability to hire and
fire the City Menager, and thet he expected the City Menager
to take care of City business, to keep the City "out of the
red", to "let me know" what you are doing that pertains to
the City, and added tha~ he agreed with Mr. Bateman and that
he had no problem with the contract. Attorney Kruppenbacher
14
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Peg- lS
C1~y Coaa1aa1on K..~1n9
Au.ua~ 18. 1987
recoMMended an eddition to Section 7, Paragraph C to read:
nAIl other terMS end conditions of this egreeJllent shall
terMinete under Cherter authority with this aix JIlonths'
egreemen~. As e resul~ of this consultetion agreement, all
other prior agreellents will cease.n COJllmissioner Johnson
moved to epprove the Contrect es revised by the City
Attorney, Commissioner Beteman seconded, and the Ilotion was
unanimously approved.
COKMENTS FROM COMMISSIONERS
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Commissioner Johnson proposed an ordinance to aMend Ordinence
710 ~o provide for restricting the opaci~y of fences in front
yard ereas. Mr. Occhiuzzo explained that any fence which
protruded into the front se~ beck should be opeque and no
more than 4 feet in height. The proposed ordinance prepered
for the Commission's review provided for 50% opecity.
Commissioner BateMen steted thet he wes not convinced thet
this ordinence wes needed. Commissioner Johnson moved to
emend the Agenda to include the first reading for the
proposed ordinence, end COllmissioner Dabbs seconded for
the purpose of discusaion. The Meyor esked if we needed to
distinguish between reaidentiel and commercial restriction.
Mr. Occhiuzzo steted that the ordinance would be applicable
to all zoning districts, and thet excep~ions should be
considered individually. The Motion was uneniMously
approved. City Manager Ryan read the proposed ordinance by
title only. COMllissioner Johnson Iloved to esteblish a
moratorium on zoning for fences which were in violation of
the intent of this ordinence, COIlMissioner Dabbs seconded,
and approval was unanimous.
Mayor Ison and Commissioners Debbs, Beteman, end Hager hed no
comments.
The meeting adJourned at 12:55 A.M.
------- ---------~--
Mayor Ison
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--.ht.~-~~-----
Deputy Clerk Green
15