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HomeMy WebLinkAbout01-19-88 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JANUARY 19_ 1988 e Mayor Ison called the meeting to order at 7:30 p.m. Commissioner Hager led in the prayer and Mayor Ison led the pledge of allegiance to the flag. PRESENT: Mayor Ison: Commissioners Dabbs, Bateman, and Hager; City Manager Ryan; Interim City Attorney Rosenthal: City Clerk Catron; City Planner Wagner: and City Engineer Kelley. ABSENT: Commissioner Johnson (out of town) PRESENTATIONS AND PROCLAMATIONS Mayor Ison said there were no presentations scheduled for the agenda but that he wanted to introduce Charles Adams who was at the meeting with his Boy Scout troop. Mr. Adams introduced himselz and the boys in the troop introduced themselves. - Mayor Ison said because of the recent newspaper article on the senior citizen program in Ocoee, he asked the Commission if they had any comments they would like to make. Commissioner Hager said he felt it was a good program and that he was proud to be associated with it. Commissioner Bateman said he did not want to comment extensively since he was a participant in the program. He said he regretted the Q~!~~92 ~~~~!~~!~~ intentions and that he had many phone calls_ the maJority of which were in favor of the program. Commissioner Bateman said the City did much to help residents of all ages and that he felt the program was necessary to benefit those residents who were "too old to work_ yet too young to die". Commissioner Dabbs said he wanted to express his support of the program and that he was disappointed with the ~~n~!n~! because it did not print his response to the accusation that the City was losing money. Commissioner Dabbs said that the City did not see it as "losing" money since it was a conscientious decision made by the Commission to spend the money for the program. Mayor Ison ended the discussion by stating that he was glad to see that there was Commission support zor the program. CONSENT AGENDA e Mayor Ison said items A and B were not in the Agenda material and A and B were pulled from the consent agenda. Commissioner Dabbs moved to approve the remaining items on the Consent Agenda, Commissioner Bateman seconded_ and approval was unanimous. Mayor Ison read the Proposed Ordinance on the rezoning oz the R. Terry Property, Case 01R- 88 by title only to signify the first reading. City Planner Wagner pointed out the area on the map. Items approved were as follows: C - Special Session Commission Meeting Minutes 1 e Page 2 City Commission Meeting 3anuary 19_ 1988 of 12-29-87 and D - Proposed Ordinance on Rezoning the R. Terry Property, Case 01R-88 (first reading). OLD BUSINESS e Special Staff Reports City Engineer - Tom Kelley Bowness Road - Status Report City Engineer Kelley said he and City Manager Ryan had a successful meeting with the Interim City Attorney and Mr. Jerry Brown the maJor property owner along Bowness Road. Mr. Kelley said he met with Mr. Brown's engineer after the plans were reviewed and appraisal work was set to be done. City Engineer Kelley said the City had the Department of Transportation's (DOT) cooperation with the intersection and that the Interim City Attorney was in the process of reviewing other documents that were necessary {or the proJect. Interim Attorney Rosenthal said the title information was inadequate and that the City would need to get more information. As soon as the appraisal work was completed, Attorney Rosenthal said the City would be able to move forward on some closings. City Manager Ryan said the property owners were told that the Commission was eager to proceed with the project and that the owners would need to respond in a timely manner. Proposal for Surveying for Right-of-Way Acquisition - Bowness Road ProJect City Manager Ryan requested formal approval for the proposed surveying proJect for Bowness Road. City Manager Ryan said the City Engineer estimated the cost of the proJect at $21,500.00 and that payment would be made out of the bond money set aside for the Bowness Road proJect. City Engineer Kelley said the survey was needed to find the exact acreage of each parcel of property in order to acquire the appropriate deeds from property owners or for the possibility of condemnation procedures. City Engineer Kelley said the previous cost estimate was based on a "center line" survey. Commissioner Dabbs questioned the City Engineer as to why this type of surveying was done when a more extensive one would be needed in the future. City Manager Ryan said that the "center line" survey would have saved the City money if it decided not to go along with the proJect. Commissioner Bateman moved to approve the survey at a cost not to exceed $21,500.00, Commissioner Hager seconded, and approval was unanimous. e 2 e Page 3 City Commia.ion Meeting January 19_ 1988 e Propoaal for Surveying Servicea_ Acquiaition of PVU Syatem City Engineer Kelley said City Manager Ryan asked for a cost not-to-exceed estimate for survey requirements on the closing of the purchase of the Prima Vista Utilities System. The costs included fees for a complete boundary survey and location of above-ground improvements for each of the parcels that required surveying. Commissioner Bateman asked why the City was having to survey the properties now when he thought it would have needed to have been done before the actual closing. Mayor Ison said that Barnett Bank required the survey but that there was not adequate time for it to be done before the actual closing. Mayor Ison said some of the properties had not been surveyed in more than 10 years. City Engineer Kelley said there was a possibility that the City did not have to do S~~~!~!~9 ~~~y~~~ and if not the City would be able to save some time and money. City Manager Ryan said he would discuss it with Barnett Bank. Commissioner Hager and Commissioner Bateman said the structures on the property had not changed in those 10 years and that any boundary changes would probably not have been significant enough to affect the system. Mayor Ison directed City Manager Ryan to see whether something could be worked out with Barnett Bank. Commissioner Dabbs moved to approve the surveys at the not-to-exceed fees outlined in the case that negotiations could not be reached, Commissioner Hager seconded, and approval was unanimous. Lake Moxie Pond & Miscellaneous Drainage Improvement Pro)ect_ Recommendation of Award City Engineer Kelley said there was an irregularity in the bid made by the low bidder but that the problem was resolved. Mr. Kelley said the bids were close to the original estimates he stated for the proposed proJect. City Manager Ryan said there were adequate funds available for the proJect. Commissioner Bateman moved to approve the proJect and award it to the low bidder, Star Contractors, Inc., Commissioner Dabbs seconded, and approval was unanimous. . Alignment for Montgomery Road (Olympia Cove PUD) City Engineer Kelley stated that from a transportation engineering viewpoint, Montgomery Road should be extended from Silver Star Rd. to White Rd. as a collector street. The developer would complete the intersection at Silver Star Road based upon appropriate engineering standards. Kelley said Commission approval was needed in order to permit the Developer to finalize his proJect to the Commission's satisfaction. Mayor Ison said the Developer was anxious to move ahead with the proJect. Commissioners Dabbs, Bateman, and, Hager all endorsed the City Engineer's recommendation. 3 e Page 4 City Commission Meeting January 19_ 1988 City Engineer Kelley also mentioned the water improvements that were proposed at a luncheon attended business owners along Bluford and McKey Street. Engineer Kelley said the business owners' main priority drainage improvements. line by City was Commissioner Bateman said he was disappointed with the memorandum from Professional Engineering Consultants (PEC) regarding the Montgomery Road extension. He said it did not give him any new information and that he hoped it was not an indication of what was to come from PEC's Transportation Planning Manager. City Engineer Kelley said it was Just a preliminary report and that the final report would contain more speci~ic information. e City Manager Ryan said the meeting with the McKey Street business owners was successful and the City was able to prioritize the concerns of the business owners. Mr. Ryan said that drainage improvements along Bluford Avenue and McKey Street were the maJor concerns and that the Staff recommended that the Commission direct the City Engineer to draft a proposal for the work with a cost not-to-exceed figure. City Engineer Kelley said he wanted to thank the Interim City Attorney for working with him to get a lot of things accomplished. He was pleased to see progress on the proJects his firm was working on due to the cooperation and assistance of the City Attorney. City Planner - Ru.. Wagner Maxim Building Corporation (Cardinal Home.) Site Plan Approval - Propo.ed Model Center City Planner Wagner said there were six items listed in the Sta~f Report and that it wae the Staff~s recommendation that the site plan be approved subJect to the completion of these items. Planner Wagner said the Staff and the Developer could not come to an agreement on those terms and that the Developer requested to address the Commission to settle the issues. e Michael Slater of Cardinal Industries said the Developer would agree to items 4, 5, and 6 but that the first three issues were of greater significance to the Developer and he wanted to discuss them further with the Commission. On the issue of sidewalks, Mayor Ison said other Developers had approached the Commission to waive this requirement, but that the Commission had not done so. Mayor Ison asked the Commissioners if they wished to do so now. The Commissioners 4 e Page 5 City Commission Meeting January 19_ 1988 all agreed integrated requirement. that system the City was working and that they would on obtaining not waive an the City Planner Wagner said the Developer was also looking to have the additional right-of-way dedication waived. Mr. Slater said the Developer was not opposed to dedicating the land if it could be shown that it was needed. Mr. Slater said it was the feeling of the Developer that when the need for the right-of-way existed, the Developer would agree to a means of compensation through condemnation. City Manager Ryan said the City's position on this issue in the past had been to require the Developer to dedicate the land to the City up xront for future street widening purposes. City Manager Ryan said Staff felt it would be unxair to treat this Developer any differently. Commissioners Dabbs, Bateman, and Hager all agreed that the City would require the additional 10 xeet of road right-ox-way up front. Mayor lson stressed that there would be no compensation made to the Developer for this and that this procedure would continue until such time as the City established a transportation impact fee. e Mr. Slater also expressed concern with item 3 which required the Developer to make improvements to the intersection of Marshall Farms Road and SR 50. Mr. Slater said the Developer had contacted DOT and the agency did not feel that the intersection improvements were needed at this time since maJor improvements would be made in the future for the Beltway. Mayor lson asked Mr. Slater who was contacted at the DOT. Mr. Slater said he spoke with a Rick Franks in the Permitting Department. City Planner Wagner said that the proJects would have an impact on the intersection in the immediate xuture and that the Beltway improvements would not be in place for 3 or 4 years. Mayor Ison and the Commisisoners all supported the DRC recommendations and asked Mr. Slater if he understood. Mr. Slater stated he would have to get approval from management in order to accept the requirements. Mayor Ison and the Commissioners agreed to table the issue until the next Commission Meeting so that Mr. Slater could get appropriate management approval stating that the Developer would agree to the items outlined in the Staff Report. Public Hearing. There were no public hearings scheduled for the meeting. Other Business There was no other business that needed to be discussed. e 5 e Page G City Commission Meeting January 19_ 1988 COMMENTS FROM CITIZENS/PUBLIC R.P. Mohnacky_ 1820 Prairie Lake Boulevard, 8aid that the newspaper article on the senior citizens water program was the first he had heard of the program and wondered if other people were also not aware of it. He also discussed the recycling of garbage and the cost of the drainage improvements at the Bluford and McKey area. NEW BUSINESS Request approval for Security Trailer_ Walter Tucker City Manager Ryan said there were a few robberies that had occurred on the property and that Mr. Tucker was requesting approval to place a security trailer at the business. He further stated that the request appeared to meet the code. Mr. Tucker said that 10 cars were stolen and even though all were recovered, it was a serious problem and the owners wanted to try to curtail the break ins for the time being by placing extra security on the property. Commissioner Batement moved to approve the request, Commissioner Hager seconded and the motion carried unanimously. e Reque.t Approval for Annual Boat Racea_ Chief Stroanider City Manager Ryan said the Fire Department under the direction of Chief Strosnider had been in contact with representatives for the annual boat races that were held on Starke Lake every spring. Mr. Ryan said there was a problem that arose with Community Center rentals because the center was rented out all weekend and that Staff was concerned that the noise and traffic from the races might be disturbing. The Commission directed Staff to contact the people who had rented the Community Center and to work with the representatives of the boat races so that there would be no conflicts. Commissioner Bateman moved to approve the Annual Boat Race~ Commissioner Dabbs seconded, and approval was unanimous. REPORTS AND INFORMATION - CITY MANAGER e City Manager Ryan said the list of proJects on the follow-up agenda was expanding in number and that a few were missing and would be added to the next follow-up agenda. Commissioner Dabbs asked City Manager Ryan about item 8 regarding the meeting with Mr. and Mrs. Varnes. City Manager Ryan said he had a preliminary meeting with them and that he had scheduled another meeting and would give a report at the next Commission Meeting regarding the outcome. 6 . Page 7 City Commission Meeting January 19, 1988 CITY ATTORNEY Discussion/Action Regarding Building and Zoning Violations, Hodge. Property Interim City Attorney Rosenthal said his firm had reviewed the City's Code Enforcement Board files and other information and that there was some question as to the actual ownership of the property. Attorney Rosenthal said that it was thought that Mr. and Mrs. Hodges owned the property but that after a property search it was discovered that Reverend Pylant was in possession of the property. City Manager Ryan said it was the Sta~f's recommendation to have the Commission direct the Interim City Attorney to begin proceedings for inJunctive relief to enforce compliance with building and zoning codes that have continued to be violated on the property. e Rev. Pylant approached the Commission and said he spoke with the Code Enforcement Board a few weeks ago and he had no intent to cause any trouble but he felt he was being treated unfairly by the City's Building Department. Rev. Pylant said it was the intent of the Church to use the property temporarily until a more suitable building could be found or built but that the Church did not have the adequate money the City was requiring of them. He said he and his Church had been subJect to constant. harassment and interference from the City. Rev. Pylant thought the Church had done no harm to the City and in fact the Church had been responsible for cleaning up the unlawful acts that had been taking place on the property before Church services began there. Mayor Ison asked Rev. Pylant what he thought would be the common sense solution to this problem. Rev. Pylant said the Church could not afford the fees the City was looking to collect and that he felt the City was being very unreasonable and that it had even caused some of his church members to stop coming to church over this matter. Rev. Pylant said the City asked him for Sl,OOO.OO to look at plans for a new building but that the Church did not have that kind of money. Rev. Pylant said his Church felt that they were being "persecuted by t.he City of Ocoee" -- not the Commission members but the City's Building Department. e Mayor Ison asked Rev. Pylant if the difficiencies in the building had specifically been pointed out to him and if he had been informed of the necessary procedures he needed to follow to correct the building and zoning violations. Rev. Pylant said he had not been specifically informed of anything and that the City had placed red tags of condemnation of the building on the Church. City Manager Ryan said the City had made every attempt to work with Rev. Pylant but that the 7 e Page 8 City Commission Meeting January 19_ 1988 e Reverend would not put in a request for a building permit. City Manager Ryan said he had personally warned the Reverend about the deficiencies in the building before he was to move his Church services there. Mr. Ryan said the City had waived building permit fees in the past for another Church who applied for a permit yet was concerned about having the necessary funds for the proJect. He also said in that case that the engineer also waived his fees for reviewing the plans. Mayor Ison said the bottom line was that the City could not exempt anyone from going through the formal process and that everyone from liquor stores to churches had to comply with the same regulations. City Manager Ryan said Rev. Pylant had come before the Code Enforcement Board and that he had more than enough time to approach the Staff or work with the City and therefore the Staff reluctantly recommended that the Commission approve that the Interim City Attorney move ahead with court proceedings. Commissioner Bateman moved to approve that the Interim City Attorney begin court proceedings to obtain inJunctive relief in order to enforce compliance with building and zoning codes, Commissioner Dabbs seconded, and approval was unanimous. Commissioner Hager said it was a very difficult situation and that it looked like a no-win situation for all parties. Commissioner Bateman said that he wanted it on the record that the City had worked with other Churches in the past and the fees had been worked out one way or another and that the City was not without compassion. City Manager Ryan agreed and said in this case the City had given Rev. Pylant every courtesy it could afford. Interim City Attorney Rosenthal said he had one other item to mention that he had scheduled a meeting with former City Attorney Linda Barnby in order to discuss transition of the items listed on the follow-up agenda as being handled by the City Attorney. COMMENTS FROM COMMISSIONERS Commissioner Dabbs said he had attended a conference for the Intergovernmental Relations Committee of the Florida League of Cities and that they were attempting to finalize legislation for the next session. They hope to finish the legislation proposal at the upcoming meeting scheduled in Tallahassee. Commissioner Dabbs stated for the record that he had attended the conference on his own time and at his own expense. Commissioner Hager had no comments to make. e 8 e Page 9 City Commission Meeting January 19_ 1988 Commissioner Bateman said he wanted to commend Interim City Attorney Rosenthal for the fine Job he and his associates were doing in getting together with the former City Attorney on ongoing proJects and for earnestly taking on new proJects. Commissioner Bateman requested that the Commission the triangles on Bluford and Story Road and on Farms and Maguire as he felt they were dangerous. they should look into the possibility of making lanes in both places one-way. look at Marshall He felt the south Mayor Ison mentioned that the Tri-County League of Cities luncheon was set for Thursday at noon. He also reminded the Commission that there would be a hearing on Wednesday, January 27, regarding the Orlando Airport. Mayor Ison said he was contacted by Cablevision Industry representatives and that they were requesting to be removed from the agenda due to a conflict with another meeting. The Commissioners had no problem with the request and Cablevision Industries was rescheduled to be placed on the agenda for the second Commission Meeting in March. e ADJOURNMENT: 9:35 p.m. _2L_~__L______ MAYOR ATTEST: CITY CLERK e 9