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HomeMy WebLinkAbout09-01-87 KINUTES OF CITY COKKISSION KEETING HELD ON SEPTEK8ER 1, 1987 e Mayor Ison coIled the meeting to order Commissioner Debbs led in prayer and Mayor pledge 0% allegiance to the %lag. at 7:35 p.m.. Ison led the PRESENT: Meyor Ison, Commissioners Johnson, Debbs, Bateman, end Heger; City Meneger Ryen, City Attorneys Kruppenbecher and Linda Bernby, City Clerk Catron, Plenning Director Wagner, Public Works Director Occhiuzzo, City Engineer Kelley, and Deputy Clerk Green. PRESENTATIONS AND PROCLAKATIONS Mayor Ison reed Proclemation 87-04, Constitution Day 9-17-87. Commissioner Betemen moved to epprove the Proclemetion, Commissioner Heger seconded, and approval was unanimous. Ocoee Bicentennial Commission Cheirmen Elizebeth Ervine petitioned the Mayor end Commissioners %or %unds to help support the costs 0% edvertising, %ood, %ireworks~ etc. %or the celebretion. Cheiraen Ervine elso steted thet the Bicentennial Co..ission would meet Thursday~ September 3, and thet enyone interested in getting involved should plen to attend. Chairman Ervine said that there are more than 300 people who will participate in the Constitution Day festivities. e Cethie Polleck, en ective perticipent in the plenning of the events to take place, stated that the %ireworks would cost an estiMated $2,500, 0% which $800 had been raised. Ms. Pollack esked Meyor Ison and the Commissioners if the City would fund the necessery amount for the %ireworks in the event thet enough private Monies could not be raised. COMMissioner Debbs Moved thet the Ocoee Historical Commission get what monies they could and the City would make up the difference. COMmissioner Johnson seconded. City Meneger Ryan seid that it would no~ be a problem finding money, end the Mayor end CO.Missioners were unenimous in their epproval. City Menager Ryen suggested the City Attorney, the City Engineer, end some developers who were present, might also contribute to the funds. All perties gledly pledged amoun~s. COMmissioner Debbs commended Chairmen Ervine and Ms. Polleck %or their time end efforts in planning the Bicentennial ectivities. APPROVALS - CONSENT AGENDA e Commissioner BeteMen moved to epprove ell items on the Consent Agenda, COMMissioner Johnson seconded, and approval was unanimous. IteMS approved were as %ollows: A - Regular COMmission Meeting Minutes of 8-18-87; B - Proposed Ordinance, Amending Sanitation Retes, 1st Reeding; C Proposed Ordinance, Es~eblishing Millage Rete 87/88~ 1st Reading; D - Proposed Ordinance, Adopting a Budget for 87/88, 1st Reading; E - ReeppointMent of Pet Bello to Planning and Zoning Boerd, 3 yeer term; F - Reeppointment 0% Harold 1 - Pege 2 Ci~y Coaai..ion Kee~ing 8ep~eaber 1" 1987 Switzer to Plenning and Zoning Boerd, 3 yeer term. City Maneger Ryan read the proposed ordinances in Items B, C, and D by title only. The Meyor expleined that public heerings and second readings for the proposed ordinances would be held before action was teken. OLD BUSINESS Special S~e~~ Repor~. Ci~y Engineer - Toa Kelley Bowne.. Road ProJec~ - S~a~u. Repor~ City Engineer Kelley end Attorney Bernby reported that there wes still some work necessery on the right-of-wey issue with Jerry Brown, 1209 County Lene, Orlendo, end that it would be enother week before it wes resolved. Attorney Barnby stated thet the stetus report would be reedy for the next Commission Mee~ing on Tuesdey, September 15. Meyor Ison urged Attorney Barnby to fast treck the matter on behalf of the Commissioners end the ci~izens of Ocoee. e We.~ Oran.e Indu.~riel Park Sewer ProJec~ Mr. Kelley reported thet the sewer system had to be upgraded at the West Orenge Industrial Park and they needed to urgently address the issue of who would build the new force main, Prima Viste Utilities or the City of Ocoee. City Meneger Ryen indiceted thet the finencer was not reelly an issue since the City planned to take over Prima Vista Utilities and would therefore end up involved in the building/financing of the new system in the near future. Mr. Kelley stressed the need ~o get things started as soon as possible - before the next Commission Meeting. City Manager Ryen reported that he wes meeting with Prima Vista personnel on Wednesday, September 2, end thet they planned to make a decision on the Wes~ Orange Industriel Park's new force main. Commissioner Betemen steted thet he we. concerned about heving no prior knowledge of this problem end wes frustreted thet the item wes not on the agende. City Engineer Kelley explained we hed asked for en extension but it would end in September end OER wented something done now. Commissioner Betemen moved to have the City Engineer/City Staff end Legal Counsel negotiate with Prima Viste personnel ebout construction of the force main at West Orange Industrial Park end to proceed with emergency bids to get the Job under way. Commissioner Heger seconded the motion and epproval wes unanimous. e Commissioner Oebbs steted thet he hed much the seme concerns as Commission Batemen in regards to this issue. Mr. Dabbs 2 - Page 3 City CO..1..1on Agenda Septe.ber 1, 1 H7 wondered why the Commission hed not been presented with any elterna~ive plans bezore this. City Menager Ryan replied that Orange County and the DER had run out oz petience with the City end now we were ou~ of time. Engineer Kelley reported that the reilroed right-of-way issue had to be completed in order to finish the drainege study end that the water plant proJect was proceeding on schedule. Planning Director - Ru.. Wagner W..tlak. Apart..nt. - Sit. Plan Approval Planning Director Wagner reported that the developer had agreed to preserve a certein number of trees and that staff would do on-si~e inspections to make sure that the number of trees agreed upon, would be saved. He recommended approval subJect to the 11 items on ~he S~eff Report dated 8-27-87. Commissioner Hager urged the developer to take care in the development of the lend since Lake Lilly is a very sensitive leke. Developer Don Tooley responded thet he would meke sure the lake wes protected. Mr. Tooley, zor the record, agreed to Items 1-11 on the Stafz Report dated 8/27/87. e Commissioner be approved of 8/27/87, unanimous. Debbs moved thet Westleke Apartments Site Plan subJect to recommendations 1-11 on Stezz Report Commissioner Johnson seconded, end approval was Public H.ar1ng Budget 1M71.. City Meneger Ryen summarized thet the meJority of increases in the new budget would benezit property improvements and that the personnel portion oz the budget would remain rela~ively unchanged. Coaaissioner Hager had no comments at the moment. Comaissioner Beteman had a minor concern with stazzing of the Police and Fire Departments but wanted more time to look the budget over before specizically discussing anything. Com.issioner Dabbs stated that he also had some stafzing concerns. Commissioner Johnson requested a workshop on the budget prior ~o the next Com.ission Meeting. It wes agreed thet the meeting would be held on Thursday, September 10, at 7:00 p.m. e Meyor Ison expressed his concern thet the Commission consider by next Thursday where they could come up wi~h $25,000 in the proposed budget for the proposed bus service for Ocoee and surrounding areas. The Meyor s~ated thet the City could then go to the other cities and the County and present Ocoee's offer for its shere of the bus service. The Meyor expressed 3 e Pege 4 C1~y Co..1..1on "..~1ng Sep~e.ber 1, 1987 thet ever that such the S25,000 would be used for six (6) months or what the %unds would allow %or. City Manager Ryen steted there was money availeble in the surplus account %or a service. Millege Re~e An ordinance 0% the 0% 2.9 mills %or beginning October 1, addressed end the time. City setting the tentative millege rete ed velorem ~exes %or the %iscal yeer 1987 and ending September 30, 1988, was Commission proposed no chenges at this Pub11c H.er1ng. end Four~h Re.d1ng e We.cer, Inc. P.~1~1on Rev1ew/Approv.l - D.velop.r. Agr....n~ Scott Wilt, Attorney representing Bel Roy Investments, Inc., stated thet his company was in agreement with the Sta%% recommendations drawn up as a result 0% a meeting between the City and concerned residents who lived near the proposed development. Those issues were %urther discussed in a workshop held immediately prior to the Commission Meeting (September 1, 1987>. The Meyor, the Commissioners, end City Attorney Kruppenbacher elso discussed chenges in the curren~ Developer's Agreement. The %ollowing chenges were agreed upon (The speci%ic word changes are underlined.>: 1 - Pege 2 0% the document wes amended so thet paragraph (A), sentence three (3) now reads.. "The timing of the improvement shall be in accordance with the conditions 0% epproval 0% the Preliminary Subdivision plan, but in no cese shall these improvements be required prior to the issuance 0% the !Z~~b building permit %or the Subdivision." 2 - Pege 3 0% the document wes amended so thet peragreph (C), sentence two (2), now reeds, "Owner shall only be obligated to make such improvements as are necessary to satis%y basic engineering requiremen~s 2! ~h! g!~~ and will not be responsible %or cos~s 0% signelizetion." 3 - Page peragreph "4.", deleted. 5 0% the document was amended so that in sentences one (1), two (2), end %our (4) were e 4 - Pege 6 of the document was emended peragreph dealing with this agreement es part County settlement and would meke the egreement run lend. City Attorney Kruppenbacher will come up to add e 0% Orange with the with the 4 e Peg. S C1~y Coaa1..1on ...~1ng S.p~eab.r 1. 1917 eppropriete legel lenguege for the peragreph. 5 - Pege 6 of ~he document wes emended so that peregreph "6." would add the words, "acceptable to the City" to the very end of the lest sentence after the words "Traffic Study". 6 - Page 7 of the document was amended so thet peregreph "9.", sentence two (2), now reeds, "The Owner shell be permitted to pIece recreetionel fecilities requirements in ~his aree." ("90" of eny" wes dele~ed) The Meyor then celled ell Citizens/Public who hed requested to speak to the Board of Commissioners on the proposed Rezoning Ordinance and Developer's Agreement. The following people responded: Mr. Dennis Phipps, President, Clercone Improvement Associa~ion (CIA), was called first but asked thet he be allowed to voice his comments after adJoining land owners hed had a chance to speak. e Mr. Hersch Cess, President, Commission with a comperison benefits of building on 1/3 proposed 1/4 acre lots. Steeplechese, presented the cher~ ~o show the financiel acre lots as opposed to the Terry Clark's property borders the complete north side of the "finger" of the proposed development. In eddition to the change in lot size, Mr. Clark also stated his support for a well vs. e fence end the benefits of using brick vs. other meterials to build e well. Ms. Jeen Jones, 4858 N. Apopke Vineland Roed, esked the Commission to consider one (1) ecre lo~s es opposed ~o 1/4 lots to keep the aree more pestoral and rural in nature, and in keeping with the lot size of other homes in the eree. Ms. Jones elso asked the Commission to rule out the Steff recommenda~ion of a wooden fence. . Phillip Rioh, homeowner, Cleroone area, stated thet he thought the Steff recommendations were inconsistent in that in one recommendetion, the Steff was ceIling for 1/4 acre lots as opposed to the Residents' request for one (1) acre lots which the residents feel would help keep the rural atmosphere, and then the Ci~y celled for a wooden fence to keep the area "more pastoral/rural in neture". Mayor Ison requested that Mr. Rich not argue about the specifics of the language of the Steff recommendations. 5 . Page 6 C1~, COMM1aa1on ...~1ng S.pt.Mber 1, 1987 Mr. Dennis Phipps, President, CIA, finished up the comments zrom Citizens/Public, by res~eting some oz the above concerns. He also requested thet the Board work with the Developer and that he would work with the neighboring residents to try to come to a democratic decision on whether to build a wall or zence bordering the bounderies of the development. The issue oz insurance was addressed in the wey of whe~ could happen to a resident's retes if they had a well built but the person beside them did not. Meyor Iaon seid he would try to get the Developer to agree on building a wall or a fence, rether than sections of eech. Mr. Phipps agreed to survey the necessary residents of the area and report back on the outcome. e Rezoning Ordinanc. 992 (Ca.. No. 17R-87) Commissioner Betemen moved ~o approve Rezoning Ordinence 992 (R-1-A), Commissioner Heger seconded, end epprovel wea unenimous. Commissioner Debbs moved to epprove the Developer's Agreement with the non-subatentiel chenges (ste~ed ebove) that the Commissioners hed egreed upon, end the inclusion oz the Settlement Agreement with Orenge County es part of the pecket, Commissioner Johnson seconded, and approve I was unanimous. Meyor Ison s~eted that the City would notizy the necessery property owners when the City received the preliminery site plan. Ordinance 1001, Am.nding Occupat10nal Licen.. Commissioner Johnson moved to rescind Ordinance 1001, Commissioner Bateman seconded, and epproval to kill the ordinance was unanimous. RECESS: 10:27 CALL TO ORDER: p.m. 10:35 p.m. Public Hearing. .nd Second R..ding. Ordinance 1002, Incre..ing Commi..ion Compen.ation Mayor Ison opened the Public Heering end City Manenger Ryen reed the proposed ordinance by title only. R. P. Mohnacky, 1820 Preirie Lake Blvd., stated thet he disagreed with other Citizens thet the aelaries oz ~he Boerd of Commissioners ahould equel aeleries oz other Commissions in cities of similer populetion. Mr. Mohnacky stated thet he believed the Mayor end Commissionera needed to prove their merit individuelly and should no~ be voted a raiae on the notion that they are underpaid in compariaon with other city Co.missioners. e Mayor City Ison Jobs steted that he and the Commissioners sow as a wey of performing their civic duty end their that 6 e Pag. 7 C1~y Co..1..1on M..~1ng 8.p~..ber 1. 1917 neither their present seleries nor the proposed increeses would edd up to enough for it to be an incentive of eny kind. Mayor Ison said he would not accept a pey raise froM the City. COMMissioner Johnson Moved to disepprove the Increased COM.ission COMpensation, Com.issioner Hager seconded, end the motion wes carried three <3> to one <1> with ComMissioner Bateman voting nay. Ord1nanc. 1003. A..nd1ng Parking 'in.. Com.issioner BateMen Moved to approve AMending Fines Ordinance, COMmisaioner Dabbs seconded, was unenimous. the Parking and approval e Ord1nanc. 1004. A.ending Cod. Bnforc...n~ Board (CBB> Meyor Ison opened the Public Heering and City Manager Ryen read the proposed ordinance by title only. John Linebarier, Cheirmen of ~he Code Enforcement Boerd, explained thet the chenges were mostly to ease cOMplience with the State ordinences. ComMiaaioner Hager moved to approve the CEB Ordinence, COMmissioner Johnson seconded, end epprovel was unenimous. Ord1nanc. 1005. Providing Non-Exclu.1.. Fr.nch1../CATV S~eff, along with A~~orney Drew Thomes, recommended thet the COMmission rescind Ordinance 1005 which would provide non- exclusive franchise/CATV. COMMissioner Johnson Moved to disepprove Ordinance 1005, Commissioner Heger seconded, and the motion to rescind Ordinance 1005 wes unaniMous. COMMENTS FROM CITIZENS/PUaLIC Thereae SetJe, 1516 Ison Lene, Ocoee, representing her Sorori~y, presented Mayor leon with a cer~ificate of appreciation for supporting the Sorority~s efforts to prOMote safety in the City. The Sorority is responsible for iMplementing a systeM of painting reflective house numbers on the driveweys of in~erested home owners in the Forest Oeks Subdivision. The Mayor thanked Ms. SetJe on behalf of the Boerd of Co..issioners for her work. R. P. Mohnecky, 1820 Preirie Lake Blvd., Ocoee, questioned whether or not the sewer rates would go up since they are negotieting with Prima Viste and we. easured they would not. e 7 e Page a C1~y Coa.1aa1on ...~1ng Sept._MZ' 1. 1,.7 NEW aUSIIIESS Meyor Iaon stated thet there would be e aeeting between Ocoee end Winter Gerden, hosted by Winter Gerden. Soae of the issues to be eddressed were Criae Tip., Christaas Perede, end Bus Service. The Heyor seid the aee~ing wes ~entetively set for Tuesdey, Septeaber 22, et 7 p.M. REPORTS AND IIIFORMATIOII - CITY MANAGER FOllow-up Agenda The Follow-up Agende wes provided for their inforaetion end City Henager Ryen esked if there were eny questions. He provided theM with a preliainary report on the results of the ceMetery survey that had been sent for our citizena on the over 65 prograM. Out of 342 letters tha~ had been aent, 213 responses had been received and they indicated that 145 lots would be needed. CITY ATTORNEY e St.at.u. o~ TeZ'.. o~ Me.beZ'. o~ t.he Code En~orce.ent. Board and Appo1n~.en~a Attorney Kruppenbecher reported thet he had spoken with the Stete Attorney General's office end ~here wes no wey we could work eround the current lew as far as the nuaber of conaecutive teras that a board aeaber May aerve. St.a~u. o~ St.uck1 PZ'opeZ'~Y Attorney Kruppenbecher expleined thet e survey end title aeerch were forthcoMing end expressed hope that diacussions between the City and Hr. Stucki would be friendly. Attorney Kruppenbacher seid ~heir reCOMMendation would be ~o etteMpt end negotiete a friendly acquisition. Attorney Kruppenbecher reported thet the Orenge County Charter Coaaiaaion had held their first Meeting and that Jia Herri8 was Cheirmen end Lee Chire was Vice Choir.an. He e180 eeid thet he would be awey on vacetion at the next Heeting. COMMENTS FROM COMMISSIOII.RS Heyor leon repeeted hie eerlier request that the Coaaissioners decide how to fund the propoaed Bus Service. The Heyor asked that $25,000 of the $5 Million proposed budget, be offered by the City as Ocoee'a contribution to the service. e The Meyor elso requested thet the Coaaissioners give thought 8 . Page 9 City Coa.iaaion ...ting Sept..ber 1. 1,.7 to the extension 0% CO.Mission terMS %roa two (2) ~hree (3) yeers - or four (4) yeers es hod been SOMe. yeers ergued to by CO.Missioner BoteMen urged thet the Mayor Meke Motions end vo~e in the %eshion that the COMMissioners do. The Mayor seid he hed elweys given his opinion end thet he sOMeti.es wes the decisive vo~e in Metters where the COMMission wes split. The Mayor responded to COMMissioner Bete.an that it wes elreedy writ~en in~o the Stete lews tha~ the Meyor Mey aeke Motions end vote and he essured COMMissioner BeteMen thet he would continue ~o be ective in the decision Meking process. COMMissioners Heger, Debbs, end Johnson hed no CO.Ments. The Mee~ing edJourned e~ 11:35 p.M. _:J)__t_~u__ MAYOR ATTEST: e CITY CLERK e 9