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HomeMy WebLinkAbout01-05-88 . MINUTES OF THE CITY COMMISSION MEETING HELD ON JANUARY 5_ 1988 Mayor Ison called the meeting to order at 7:37 p.m. City Clerk Catron led in prayer and Mayor Ison led the pledge of allegiance to the flag. PRESENT: Mayor Ison; Commissioners Johnson_ Dabbs, Bateman, and Hager: City Manager Ryan: Interim City Attorney Paul Rosenthal and his associates Duke Woodson and Laurie Mlsna: City Clerk Catron: City Planner Wagner: and City Engineer Kelley. ABSENT: None PRESENTATIONS AND PROCLAMATIONS City Manager Ryan read Proclamation 88-01 in its entirety. The proclamation was declaring January 15-24, 1988 as "Week of the Working Parent". Commissioner Bateman moved to approve Proclamation 88-01_ Commissioner Dabbs seconded, and approval was unanimous. CONSENT AGENDA e Commissioner Johnson moved to approve the Consent Agenda, Commissioner Hager seconded_ and approval was unanimous. City Manager Ryan read Resolution 88-01 by title only and Resolution 88-02 in its entirety. A roll call was taken on Resolution 88-01. Commissioner Hager, Commissioner Bateman, Commissioner Dabbs, and Commissioner Johnson all voted individually to approve the resolution. A roll call was taken on Resolution 88-02. Commissioner Hager, Commissioner Bateman, Commissioner Dabbs, and Commissioner Johnson all voted individually to approve the resolution. Items approved were as follows: A - Regular Commission Meeting Minutes of 12-15-87; B - Workshop Commission Meeting Minutes of 12-15- 87: C - Special Session Commission Meeting Minutes of 12-10- 87: D - Special Session Commission Meeting Minutes of 12-19- 87; E - Resolution 88-01, Rescinding Resolution 87-25 (Orange Bank); F - Resolution 88-02_ Amending Resolution 87-05 (Wescar). OLD BUSINESS - Special Staff Report. City Engineer - Tom Kelley Bowneas Road - Status Report City Engineer Kelley said the City was still working with the Department of Transportation (DOT) and residents to acquire the necessary right-of-way needed to do the proJect. Engineer Kelley recommended the City cooperate with DOT in this matter to expedite things and asked the Mayor and Commissioners for a consensus. Commissioner Bateman moved to approve Engineer Kelley's recommendation to move forward with 1 e Page 2 City Commiaaion Me.ting January ~_ 1988 the proJect, subJect to the City Attorney and City Manager's approval, and bring back any significant matters to the Commission. Commissioner Hager seconded, and approval was unanimous. City Engineer Kelley said he and City Manager Ryan would meet with landowner Jerry Brown on Thursday at 10:30 a.m. to discuss the City acquiring necessary land for the proJect. Engineer Kelley also said he had been in contact with Mr. Stucki regarding drainage issues. Mr. Kelley said the drainage improvements needed along the proJect might be able to be included in the cost 0% the Bowness Road improvements and paid from the bond money. Commissioner Hager stated for the record that the proJect did not include any fees that would affect future development. e City Engineer Kelley said the force main to phase out the West Orange waste water plant should start in one to two weeks. Mr. Kelley also mentioned that the bids for the Lake Peach and Lake Moxie proJect were opened. He said there was a minor irregularity on the bid issued by the lowest bidder and that he would meet with the Interim City Attorney about it but that he would more than likely recommend that firm. City Engineer Kelley said that within the next month he would have final recommendations on the Master Water Plan. City Planner - Ru.. Wagner City Planner Wagner presented information on two potential annexations: Pearl R. Terry (Case 01A-88) and James V. Ferdinand (Case 02A-88) and pointed out the areas on the aerial map. Planner Wagner said both parcels of land were in the planning area and that he did not anticipate any problems with the annexations. Planner Wagner asked the Commission for a consensus of whether or not to proceed with the formal annexation petitions. The annexations would be handled under the current procedure since the change in the process for annexing and rezoning land simutaneously would not be completed in time. Commissioner Bateman pointed out that "More" Road on the map that Planner Wagner had given to the Commission should be spelled "Moore". There were no other comments and the Commission granted approval for Planner Wagner to proceed with the formal annexation process. e Public Hearing. Cable TV Update - Review of Franchi.. Mayor Ison said the Commission had received a letter from Cablevision asking the Commission to state specific examples of what Cablevision needed to do to upgrade the standards and continue with its franchise. Mayor Ison said he would work 2 e Page 3 City Commi..ion Meeting January ~_ 1988 with the State to see what could be done to require company to have certain service requirements. The Mayor he would contact the Florida League of Cities to see if Cities were experiencing similar problems with franchises and what those cities were doing about it. the said other cable Mayor Ison and the Commission reviewed the franchise that was granted to Cablevision Industries to see what specifics needed to be addressed in response to the letter from Cablevision. Mayor Ison and the Commissioners expressed concern with service interruptions and the time policy the company had in regards to responding to customers' calls for service repairs. Commissioner Bateman said he did not appreciate the tone of the letter from Cablevision but was willing to give the company the benefit of the doubt and work with settling the problems if Cablevision was also willing. The Commission agreed that the biggest problem was customers' inability to reach Cablevision due to a poor telephone system or lack of employees to answer the telephone. e Mayor Ison said in the future the City should include a phrase in all franchise ordinances which stated that the City may go back over a franchise ordinance if it felt that the other party was not being reasonable. Mayor Ison said the Commission did not intend to let the issue rest until the citizens were satisfied with the service they were receiving. The Mayor also said the City Attorney would look into any legal means that could be taken to clarify terms in the franchise ordinance. Mayor Ison asked the City Clerk to place the issue on the February 2, 1988 agenda. It was decided that complaints received by the City regarding cable service would be telephoned in to Cablevision (John Jerose, District Manager) and then followed up in writing from the City to Cablevision. In return, when Cablevision received the complaint from the City, it would reply in writing back to the City to let the City know the outcome. Victoria Graver, 706 Nicole Boulevard, said she had approached the Commission at the last meeting and Cablevision representatives had recorded her complaint at that time, but that she was still having the same problems with ghosting on Channel 2. She said a service technician from Cablevision came out to her home but that the problem was still there. Mayor Ison asked Cablevision to regard this as their first "formal" complaint and to follow it up to the City with a letter indicating the outcome. e 3 e Page 4 City Commission Meeting January !5_ 1988 Other Bu.ine.. Oco.. Cemetery Adviaory Committee Appointment. Mayor Ison asked Commissioners Johnson and Hager if they had appointments for the Ocoee Cemetery Advisory Committee. Commissioner Hager said he appointed Betty Hager, 511 Orange Avenue. The Mayor appointed Sam Woodson, 802 Malcolm Drive. Commissioner Johnson said he would have his appointment at the next meeting. e Renewal of Security Trailer. - Teak Is18_ Wesley Jones; Silver Springs Citrus Coop._ John Reea; and Richard Doss_ Sr._ Marcia Hardy City Manager Ryan reviewed the letters that were sent to the City requesting approval for trailers to remain on the above properties for another year. City Manager Ryan said the City sent letters to surrounding property owners to reply to the City in writing with any obJections to the trailers remaining on the respective properties and that no obJections had been received. Mayor Ison asked for any public comments on the Teak Isle trailer. Commissioner Bateman said that the reason for these security trailers was not to provide additional living quarters but to provide temporary security on the premises. He said Teak Isle had the trailer for four years and that he didn't consider that temporary like the ordinance outlined. Interim City Attorney Rosenthal said the Teak Isle trailer was the only one that followed what the ordinance outlined as a trailer that would be allowed to be "temporarily" placed in an area for security reasons. Interim Attorney Rosenthal said it was ultimately a policy issue for the Commission. He said the Silver Springs Citrus Coop trailer had no relation to security and did not fall under any of the special exceptions outlined in the code. Mr. Rosenthal said the Doss trailer also was not related to a security measure and in fact it clearly stated that it was for residential purposes and was in a residential area even though the ordinance called for placement of temporary security trailers only in industrial districts. e City Manager Ryan said that the ordinance could be redrafted to allow the Commission to make decisions on long term security trailers. Commissioner Bateman moved to grant approval for the renewal of security trailers for Teak Isle and Silver Springs Citrus Coop with the stipulation that the extension would end on December 14, 1988, Commissioner Dabbs seconded, and approval was unanimous. The Commission agreed that this would be the final year that the security trailers on these properties would be allowed. Interim City Attorney Rosenthal added that the motion should include that the 4 e Page ~ City Commission Meeting January ~_ 1988 approval for these trailers would be consistent with the intent of the purpose of the zoning district. City Manager Ryan said that it was the intent of the present Commission but that the decision could be changed in the event of a new Commission. Commissioner Bateman and Commissioner Dabbs both approved the amendment to the motion. The motion was approved unanimously as amended. Commissioner Bateman said that the Commission was not in a position to grant these extensions beyond this year. He said the extensions were granted the previous year with the expectation that the property owners would build a permanent security measure within the alotted time period. The ordinance for security trailers did not really apply where extensions were concerned and therefore the Commission legally did not have authority to grant the extensions. There was no legal basis on which to grant a request. e Cathie Pollack_ Spring Lake Circle, said the third request for the extension was the property of her grandparents and she was concerned that they would be forced to leave the trailer that was their home. Ms. Pollack said her grandparents were very elderly and that they were under the impression that the extension on their trailer was made with the stipulation that it would be allowed to remain on the property until their demise. Ms. Pollack said there was a trailer park right near the property and that the adJoining property owners had no problem with leaving the trailer there until her grandparents' demise. Ms. Pollack said it was not a detriment to the neighborhood and in fact was an improvement over the building (house) that was there before the trailer. e Commissioner Dabbs and Commissioner Johnson said they both felt compassion for Mr. and Mrs. Doss but that they had to be consistent in their voting and that they had turned down other similar requests in the past. Mayor Ison said the bottom line was that the Commission had no legal right to grant the extension. Commissioner Bateman moved to refer the matter back to the City Manager and the Interim City Attorney and for them to report back to the Commission with the possible options the Commission had available to them in making a decision. Commissioner Hager seconded and added that the last City Attorney did not have a problem with granting the extensions and therefore he did not see the reason why there was a problem with it now. He said that Mr. and Mrs. Doss had been residents of Ocoee for more than 50 years, and even though this did not make it legal to grant the extension_ he said it would make it impossible for him to vote against the Doss family. Approval to allow the City 5 e Page 6 City Commission Meeting January ~_ 1988 Manager and Interim City Attorney to follow up on the matter was unanimously granted by the Commission. e Proposed Ordinance_ Granting Franchise to Cablevision Industries of Central Florida City Manager Ryan requested that the Commission remove the proposed ordinance from the agenda until the City's legal staff had a chance to review the ordinance. Commissioner Dabbs said it was his understanding that the legal staff would already have reviewed the ordinance and been ready to approach the Commission with it tonight. He said the issue was tabled four months ago and he thought that was done to give the attorney adequate time to prepare the ordinance. City Manager Ryan said that the intent of tabling the ordinance was to give the attorneys time to draft the ordinance but that the attorneys needed more specific direction from the Commission on how they should change the ordinance. Because the interim city attorney had a con~lict of interest and could not represent the City in regards to the Cablevision Industries of Central Florida ordinance, the interim attorney agreed to provide the City with names of attorneys who specialize in cable television matters. Commissioner Bateman said he was concerned with the drafting of a new ordinance for a new franchise agreement and was also concerned with the company the City would choose to enter an agreement with. Commissioner Bateman also stated his concerns that he did not want the City to run up a lot o~ attorneys fees in getting a new franchise into the City. Commissioner Bateman moved to disapprove Ordinance 1009_ Commissioner Johnson seconded and the motion carried unanimously. Mayor Ison said he would call the Florida League of Cities offices to see if they had samples of ordinances they could send to the City Commission for review. It was agreed that the Commission would set a time ~or a Workshop at the next Commission Meeting to ~urther discuss the cable television matter, i~ the information could be gathered in time. City Manager Ryan suggested drafting a model ordinance that could be used with any company. e Proposed Ordinance_ Ocoee Historical Commission City Manager Ryan explained that the ordinance that was drafted was too comprehensive and that the Historical Commission requested that they be allowed to continue under the present conditions. Commissioner Johnson moved to disapprove the Proposed Ordinance for the Ocoee Historical Commission, Comissioner Bateman seconded, and the motion carried unanimously. 6 - Page 7 City Commi..ion He.ting January ~_ 1988 COMMENTS FROM CITIZENS/PUBLIC There were no comments from citizens. RECESS: 9:10 p.m. CALL TO OROER: 9:15 p.m. NEW BUSINESS e Request approval for Log Cabin Bus Shelters_ W. Grant Bill Grant of Log Cabin Bus Shelters, approached the Commission with a proposal for a community service program. The bus shelters would be built at no cost to the City and its schools or taxpayers. The shelters would be built by the company Mr. Grant represented and the company would charge ~or sponsor rental space to advertise on each shelter. The sponsor would advertise on a 3' by 6' sign. The cost of a month's rental would be S150.00 on a 12 month contract basis. Mr. Grant said his company had researched the area and there were 901 bus stops in the Ocoee/Winter Garden/Clarcona area. He said that a portion of the money would go towards drug education programs in the area. Commissioner Dabbs said that these log cabins would not be suited to a city such as Ocoee and were more for a rural setting. Mayor Ison also said that there was a moratorium on billboards and that the signs might in ~act be too large ~or what was allowed in Ocoee. Commissioner Bateman made a motion to deny the request for log cabin bus shelters at the present time, Commissioner Johnson seconded, and the motion was carried unanimously. e Request for Boat for Fire Oepartment_ Chief Strosnider City Manager Ryan said that the Fire Department was requesting approval from the Commission to purchase a new boat to be used by both the Fire and Police Departments. Chief Strosnider said that he had consulted with American Skier and that it was the company's opinion that the present boat was unsafe. City Manager Ryan said the boat had been used by both departments for security %or lakeside residents and in the event of emergencies that occurred on the lake. Commissioner Johnson moved to approve the purchase of a new boat, Commissioner Dabbs seconded, and approval was unanimous. Commissioner Bateman asked whether or not the old motor was usable. Chief Strosnider said yes. City Manager Ryan said the funds would come from the unspecified cash reserves. Mayor Ison said that in the event an additional boat was needed in the future because the City was annexing 7 e Page 8 City Commission Meeting January 5_ 1988 in more area that included lakes, that the boat should be financed through transportation impact fees in the same way that other additional police and fire department vehicles would be purchased. e Emergency Ordinance 88-001_ Providing Fe.. for Sign. City Manager Ryan said that it was brought to his attention by Building Official Harvey Nagel that the City did not have an ordinance in place that provided for the collection of fees for signage. In reviewing and amending the past sign ordinance, the fee schedule for sign permits had been omitted. City Manager Ryan suggested that the Commission begin the process of passing an ordinance, but that it was unnecessary to have an emergency ordinance. City Manager Ryan said the City could request money for sign permits before the ordinance was passed for anyone who wanted to obtain a permit prior to the adoption of the ordinance. The City would establish an interim fee while the ordinance was being drawn up and if the Commission approved a fee schedule that was less than the interim fee schedule, the appropriate money would be refunded to those people who paid in excess for their permits. Mayor Ison read the ordinance by title only to signify the first reading. Commissioner Dabbs moved to approve the ordinance upon the first reading, Commissioner Johnson seconded_ and approval was unanimous. A roll call vote was taken and Commission Hager voted to approve, Commissioner Bateman voted to approve_ Commissioner Dabbs voted to approve, Commissioner Johnson voted to approve, and Mayor Ison stated his approval as well. REPORTS AND INFORMATION - CITY MANAGER City Manager Ryan discussed the follow-up agenda and said the bulk of the items were proJects the City consultants were working on. City Manager Ryan said many of those items were currently in the process of being referred from the past City Attorney to the Interim City Attorney. CITY ATTORNEY Interim City Attorney Rosenthal said he wanted to thank the City for choosing the firm he represented and that there was a lot of work to be done and that he and his associates looked forward to accomplishing many things within the next 90 days. Interim City Attorney Rosenthal introduced two of his associates who were present at the meeting, Duke Woodson and Laurie Mlsna, and again thanked the City on behalf of Mr. van den Berg and the firm of Foley & Lardner. e 8 e Page 9 City Commission Meeting January 5_ 1988 COMMENTS FROM COMMISSIONERS There were no comments from Commissioners. Mayor Ison said he spoke with Mr. Lutrick of the Greater Orlando Aviation Authority and that there would be an Advisory Committee formed with a representative from each city. He said he would let the Commission know when they would need to make a nomination. ADJOURNMENT: 9:55 p.m. hO e~ -----~~------------------ MAYOR ATTEST: e CITY CLERK e 9