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HomeMy WebLinkAbout02-16-88 IINUTES OF THE CITY COIMISSION MEETING HELD FEBRUARY 16, 1988 - The .eeting wa. called to order by Mayor leon at 7:32 p... and COMMi..ioner Dabb. led in prayer and pledge of allegiance to the flag. P~T: Mayor Ison, COMMi.sioner. Johnson, Dabbs, Bate.an and Hager, City At~orney Ro.enthal, City Manager Ryan, City Planner Wagner and City Clerk Catron. <City Engineer Kelley caM. but had to l.ave prior to the .eeting due to an illne.. in his faMily.) A....T: None P..,.NTATIOIS AND PROCLAMATIONS Requ..t lonie. for YIeA Annual Drive, Mr. McDonald e Roy He.ter, repre.enting the We.t Orange YMCA, introduced ~he new direct.or, Willia. "So" McDonald to the COM.i..ion. He stated that the City had contributed *500.00/year for the la.t two year. and reque.t.ed that they again contribute *500.00 towards the YMCA annual Sust.aining CaMpaign. He explained that. the Monies rai.ed fro. t.hi. caMpaign were u.ed a. Scholarship. to children that could not otherwise afford t.o participat.e and they also hoped to offer SOM. expanded prograMs like After School Care and Youth Sports on a .ore local cOMMunity ba.is. COMMis.ioner Johnson Moved to approve the contribution of .500.00 to the We.t Orange YMCA, COM.issioner Hager .econded and the Motion carried unaniMously. APPROVALS - CONS.NT AG.NDA COMMi..ioner Dabbs Moved to approve ite.. A, B, and C on the Con.ent. Agenda, COM.is.ioner Hager .econded and the .otion carried unaniMously. The iteMs approved were as follows: Regular COMMi.sion Meet.ing Minute. of 2-02-88, Workshop COMMi..ion Meeting Minute. of 2-02-88, and Workshop CO.Mission Meet.ing Minut.es of 2-01-88. OLD IUSIN.. Special St." Repor\. - Ci\, .n.in..r, To. Kell.y City Manager Ryan explained t.hat. Engineer Kelley had asked to be excu.ed becau.e hi. wife wa. ill, but he had subMitted a written report. which t.hey had received in their packet. Mr. Ryan .aid t.hat we had received a draft of the apprai.als and they were being reviewed. Mayor Ison and the Co..i..ioners all lik.d t.he idea of t.he written report frOM t.he engineer and asked that. it be continued. e Other lu.ine_ 1 - Pa.. 2 City Co..iaaion ...tin, February 16, 1... Diacuaaion/Act1on on Doea Trailer Renewal e City Manager Ryan explained the background on this request, why it had be.n tabl.d and .tat.d that Attorney Rosenthal had pr.par.d a M.MoranduM on the i..ue and it had been includ.d in their packet. He then a.ked Attorney Rosenthal to speak to the legal is.ue.. Attorney Ro.enthal'explained that basically there were two ways to handle the matter legally under the city code. One was to rezone and the other wa. to .ake a special exception by amending the single-family dwelling district ordinance to include a special exception for use of a mobile home on prop.rty zon.d as a single-family dwelling district, which would be on a city-wide basis. Commissioner Bateman asked if it was possible under our code to zone 5 lots A-1. Attorney Rosenthal stated that it could be done and then zoned back after there was no longer the need, but he would not recommend that approach. Commissioner Dabbs said he had been searching for a "win- win" situation as he felt SOMe obligation to help .ince they had approved the trailer by acting on the advice of the attorney and building official. He wanted to .olve the matter without violating the law but did not want to have to do a special .xception. Attorney Rosenthal explained another option, assuMing they took no action since what wa. done was not legal, if the Doss family would sue the City, then the COMMission could go into a written settlement agre..ent. Co..issioner aat..an stated that he had no intention of di.turbing the elder Doss~ and had hoped the idea of the A-1 Zoning would solve the dile.a. Attorney Ros.nthal .tated that the rezoning to A-1 could be done assuming there were no obJections fro. the Public Hearing. City Manager Ryan .aid they would prefer a settlement in li.u of a lawsuit. Co..i..ioner Dabbs stated that he had atte.pted to addre.. personal need. within the confines of the Charter and asked if there could be a Special Exception becau.e of a unique position ti.d into a Life Estate instead of rezoning. Attorney Rosenthal explained there wa. no ba.i. in the cod. for this and read the section fro. the code that pertained to a Special Exception. He was concerned with the preced.nt that would be established by using a Special Exception. The Com.ission all agreed that they wanted to settle the .atter and to the best for all concerned. e Mrs. McRobert, 611 Spring St., and Mra. Sabat, 308 Center St., citiz.ns that live in the vicinity, had .xpr....d their obJections to a trail.r in the area, but atated that they would rather have an agree..nt than to have the area r.zoned. 2 . Pel. 3 City Coaai..ion ...tin, '.bruary 16. 1ge8 Mayor Ison explained that this agre..ent would not open doors for others, but would be for the Doaa faaily only. Cathie Pollack. speaker for the Do.. fa.ily. stated they felt the agree.ent would be best for all concerned. Attorney Rosenthal aaid they did not need to take for.al action and he would prepare a draft a.ttle.ent agree.ent for their review at the 3-1-88 Meeting. CORRINT! FROR CITIZEI!/PUILIC Vern Co.bs. 310 Sabinal St.. aaked to address the COMMission on several it.... H. stated that for five years he had reque.ted that a light be inatalled at the entrance to their aubdivision (Pri.a Vi.ta). Although there were ao.. light. at the entrance. they wanted pow.r to the 8ign so th.y could put floodlights on the subdiviaion .ign. Mayor Iaon atated that they could pull power fro. the exiating line. in order to have the lights for th.ir aign. He alao atated that we should include this type of lighting aa a require.ent in the subdivision review proc.... City Manager Ryan atated that we would alao follow-up with .taff require.ents. e Mr. Co.b. said h. had apoken with Co..iaaioners Johnson and Dabbs regarding the traffic light .ituation at Highway 30 and Bluford_ McKey and Bluford_ and Ki..iaaee and Story Road. The Co..is.ion and Staff explained that all of tho.e intersection. had been di.cus.ed and were either scheduled for iMproveMents or in the proc.aa of scheduling by the Florida Depart..nt of Tranaportation. City Manager Ryan stated that the City waa doing the .tudy for the Ki.aia.ee- Story intersection as part of the Bowneaa Road proJ.ct which had already been funded. Mayor Iaon explained the hiatory of DOT and their procedures for scheduling and funding proJects. Mr. Co.b. co.pli.ented the CO..is8ion on ao.e of the things they were doing_ especially the acquisition of the wa.tewater utility. He .entioned the r.queat of Orange County CO.Mi..ioner V.ra Cart.r for a utility agr.e..nt and asked that they look at the int.reata of the City of Oco.. firat. then Orange County second. Mr. Co.bs conaider north and also need al.o aaked the City Co..ia.ion and Staff to the poasibility of ..king Bluford one way going Kia.i...e one way going aouth. Colu.bu. Road would to be pav.d. e RICE!!: 9:30 p.m. CALL TO ORDlR: 9:47 p... 3 . Pa.e 4 City Co..i..ion ...tin. February 16. 1... NEW aUSII.SS Reaolution "-OS - Utility Indeanification A.r....nt Florid. Depart.ent of Tranaport.tion City Manager Ryan .xplained that this was a .tandard utility agre..ent for the inter..ction i.prove..nt. at Bluford and Silv.r Star. It .tated that w. would r.locat. our own utiliti... H. then read R..olution 88-0~ by title only. Co..issioner Johnson .ov.d to approve R..olution 88-0~, Co..i.sion.r Hager .econded and the .otion carried unaniaou.ly. Raaolution 8.-06. Cre.tin. . Citizen Adviaory Council City Manager Ryan explained that for ..ver.l y..r. the Police D.part.ent had a Citiz.n. Advi.ory Council but it did not have city statu. .ince the .e.b.r. w.r. not appointed by the City Co..i..ion and it wa. f.lt th.y .hould h.v. the .... .tatu. as the oth.r board. in the City. M.yor I.on read the propo..d Re.olution by title only. Co..i..ion.r Bat..an .oved to approve R..olution 88-06. Co..i..ion.r Dabbs second.d and the .otion carried unani.ou.ly. e Reaolution "-07. Appointaent of the ...bera to the Citizen Adviaory Council City Manag.r Ryan .xpl.ined th.t this propo.ed re.olution would .ppoint the .e.b.r. th.t w.re now ..rving on the Citiz.n Advi.ory Council. Co..i..ion.r D.bb. ..k.d if the ...b.r. w.re all curr.ntly ..rving and no new ...b.r. and he was a..ur.d that they all w.r. pr..ently .erving on the council. Mayor Ison r.ad the R..olution by title .nd for the record r..d the n.... of .11 1~ board ...bar.. Co..i..ion.r Johnaon .ov.d to approve R..olution 88-07. Co..i..ioner Hag.r seconded and the .otion carried unani.ou.ly. All of the Co..i..ioner. .xpr....d th.ir gr.titud. to the Citiz.n Advi.ory Council for the ..rvic. th.y have perfor..d and were happy to for.ally ..tabli.h th.ir board. RIPORTS AID IIFORIATIOI - CITY "'AGER Staff Poaitiona City Manag.r Ryan .tat.d that h. wa. not prepared to pre.ent the report at this ti.. and would try to have it r.ady by the next .eeting. e Salary Survey City Manag.r Ryan r.ported that the salary survey had been 4 e p... S C1t, eo..iaaion -.etiftl Febru.r, 1&, 1... e co.pil.d and r.viewed and h. had ..nt a ...orandu. to thea along with copie. of the biweekly pay plan - one horizontal and on. vertical. H. explain.d that .o.t of our pay range. were acceptable and in the .ark.t .o.t w.re not in the high rang. but hir.d in the low.r. H. f.lt in ord.r to be appropriately attuned, we ne.d.d to co. pre.. our pay plan toward .id point in all cla..ification. .0 that th.re would be 10~ above or 10~ below .idpoint in.t.ad of the 40~ range that exi.t. now. Thi. would allow the existing pay plan to be used within the .arket. Due to the .ophi.tication of .o.e citie., he .tat.d that he was not totally co.fortable with so.e of the re.ult. and there had al.o b..n probl... in getting the inforaation froa .o.e of the citi.s. He .aid he felt that he could .upport the reco..endation of a 5~ pay rai.e for all eaployee. except tho.e that w.r. .axed out and continu. to ....ag. the data and prepare a revised pay plan or they could have the .urvey contract.d out in the ..anti.e. All of the Co..i..ioners w.re of the understanding that this was to be pres.nted at a workshop. Mayor Ison .sked wh.re we were losing the people and found that .ost were leaving the police and fire d.part.ent for Orang. County or Orlando. City Manager Ryan stated that fro. the data gathered at this point the City was paying r.lativ.ly w.ll for supervisor. a. in co.parison to entry level and possibly could cut down on so.e of the turn over by increasing entry lev.l positions. Co..is.ioner Dabb. questioned our benefit co.parison and City Manager Ryan said that there were non. b.tter. Th. Co.aission agreed to s.t a Work.hop and Sp.cial S.ssion to study the plan on March 8, 1988 at 7:30 p... at the WOMen'. Club of Ocoe. due to the Pre.idential Prefer.nce Pri.ary which would be held in the Oco.e CO.Munity Center. CO.Mi..ioner Johnson .oved to approve a 5~ pay raise acro.. the board for all eMploy..s, Co..issioner Hager .econded and the aotion carried unani.ously. The Co..ission acknowledged that the raise would be retroactive to Octob.r 1, 1987. Joint I..tin. Scbeduled witb Pl.nniftl and ZoniDl for 2-23-" This iteM was for infor.ation only and City Manager Ryan said th.y would get .o.e 8 x 10 photographs of the propo..d land u.e plan if they wanted. FOllow-up A,.nd. e City Manager Ryan report.d on the following iteM. frOM the follow-up agenda: 7. The initial .eeting had be.n held and was now awaiting Mr. Varnes recovery since he had surgery. 10. This had been referred to the City Attorney. 18. The Co..ission had r.quested a workshop in order to study a draft of an ordinance and City Manager Ryan stated that th.re was a conflict with the curr.nt attorn.y and asked for direction 5 . Pa,. 6 City ea..iaaion ...tint r.bruar, 16, 1... ~ro. the CO..ission. We had r.quested .a.ple ordinanc.s ~ro. the Florida L.ague o~ Citie.. Co..i..ioner 8ate.an .uggested we look ~or another attorney. Mayor I.on sugge.t.d we look to the larg.r cities a. they had o~~ered to help ..all.r cities in the past. City Sta~~ would check with the City of Orlando on their Cable TV Franchi.e.. 19. A .eeting had b.en .cheduled ~or 2/17 with DOT to di.cu.s the two triangle inter.ection.. 20. A ..eting to di.cu.. the boundaries and po.tal s.rvice had be.n scheduled ~or 2-19-88 with the Post. aster in Orlando. City Manag.r Ryan .tated that their goal ~or Ocoee addr..... would be the 30int Planning Ar.a. CITY ATTORIIY Statua/Reco...ndation of Yountblood Property e Attorn.y Ro..nthal explain.d that the Youngblood parcel that waa to be used ~or the City wat.r plant was valued at .4.000.00. There w.re ~ h.ir. and a nu.ber o~ ..tate. that ne.d.d to be probated. th.r. wa. a .isaing h.ir. th.re were a nu.ber o~ conv.yanc.. and incorrect l.gal de.cription.. He .tated that they could do . quiet title or conde.nations proceedings. I~ th.y cho.. the qui.t title. it would .ean ..rving quite a ~ew people and a long proc.... I~ they chose conde.nation. they could .pend .1~.000 to .2~.OOO ~or attorneys and ~ees and it could take 6 .onths to . year. The other solution would be to p.y the *4.000. get quick claiM deeds ~ro. everyone they could ~ind. t.ke posseaaion_ .nd build the plant. He stated that he could not advise the leg.l opinion on the title. M.yor Ison. Co.missioner Johnson and Co.missioner Bate.an sugge.ted that .aybe they should look .t other sites. City M.n.ger Ryan explained th.t a certain ..ount o~ design work had been done to the Youngblood .ite .nd would h.ve .o.e i.pact but didn't know the di~ference in site .nd/or coat. The COMMi.sion asked that the engineer prepare. report by the next meeting on the co.ts accrued ~or the design work .lready co.pleted on that site. Upd.t. Attorney Ro.enthal presented the following update. Iown... - The b.sic title work had been completed and they were now .waiting the completion o~ the appr.isal and survey. . Speci.l A.......nt - A preliminary deter.ination was made that in order to proceed with a Special Assessment_ a study had to be done in order to determine i~ it would be . bene~it to the adJoining property owners as a b.sis was needed ~or the ...e...ent .long with .11 final co.ta. He ~elt this .ay or .ay not prove feasible and w.. pre..ture .t this time. 6 . Pa.. 7 City Coaai..ion I..ting February 16_ 1988 Tran.port.tion Iapact F... - The proposed %ees hsd been distributed and Mr. Woodson had attended a Meeting 0% the Ho.ebuilder. A..ociation for their input. He would be ...ting with Mr. Ryan to pass on to the. and he would bring back a .ore refined plan. Oeoee v. Pylant - Mr. Pylant had to respond to our law.uit. Pylant v. Ocoee - H. would be filing Motions to have this lawsuit die.issed. The other unfinished ite.s would be worked on one iteM at a ti.e. The PUD Ordinance was being reviewed by Mr. Woodson and he would get it to Planner Wagner and City Manager Ryan for review. The Stucki .atter waa awaiting the appraisal. OOMM..TS FROM OOMMISSIO..RS Coaai..ion.r Dabb. e Co..issioner Dabbs stated that he had spoken with the Director of Mid Florida Technical Institute and he talked highly about our Fire Chief_ Ron Strosnider, and how much he a.sisted with their progra.. He a.ked that a work session b. held in order to h.ar frOM groups that were in the privatization of s.wer .yst.... Co..i..ioner Bate.an also .aid he was in favor and a.ked if they could have at least two pre.entations and have so..thing in hand before then. Mayor I.on stat.d they could do it at the .eeting on 3/8 and start at 6:30. Attorney Rosenthal recommended that they tell the co.panies that this was %or inforMation only and only a workshop. Coaai..1oner Johnaon Co..issioner Johnson said he wae glad to see that Chief Strosnider was out of the hospital. He reported that the ballfield work that was needed was getting done by the GoodMans. Mayor Ison ask.d that the field be laid out to .eet high school standards and position where two could ev.ntually be built with the conc.pt of batting "north" and asked for the concurrence of the CO.Mission. They were in agr....nt. CO.Miasioner John.on then asked the Staff to check on a co.plaint that h. had received about people parking on the back street to the cemetery. People are utilizing the road for parking and storage of boats. City Manager Ryan will get with the Police Depart.ent. Co..issioner Johnson also stated there was a problem on Oakwood Lane and he would g.t back with the City Manag.r with the address. e Coaai..1on.r Hager - No Co..ants 7 . Pa,e 8 Ci~y Coaaiaaioner ...~in9 February 16. 1988 Coaai..ioner 8a~.a.n Co.aissioner Bate.an stated there was so.e old business from the last .eeting which was the proposed expenditure of *2.000.00 for office furniture for the Mayor and Commission Office in the Maguire House. Co..issioner Bate.an aoved to approve the $2.000.00 expenditure by the City Manager for purchasing the furniture for the roo. at the Maguire House. and Co..issioner Hsger seconded. The discussion had been tabled while the City aought donations and the City Manager had spoken with the Good.ans and wae assured that they could us. part of the .50.000.00 if it was not all used. They called for the question and the .otion carried unanimously. He stated that he had been getting a lot of complaints lately on Florida Power as the electric had been going off and on quite a lot the last 6 aonths in Sleepy Harbour and Prima Vista subdivisions. He alao asked that we check with Florida Power about the. cycling the lights to go and off. lIayor leon e Mayor Ison reported that the Tri County League of Cities Meeting was on 2-18-88 and that on 3-17-88 Plantation Sysco would be hosting the Tri County League Meeting for the City of Ocoee. Since the 17th of March was St. Patrick's Day_ He auggested that the.e be carried out. He stated that he felt this was the best Co..ission the City had ever had. The Meeting adJourned at 10:15 p.... tiUL ------~----------------------- MAYOR ATTEST: CITY CLERK e 8