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HomeMy WebLinkAbout03-01-88 . e e MINUTES OF THE CITY COMMISSION MEETING HELD MARCH 1, 1988 The meeting was called to order at 7:35 p.m. who led in the prayer and pledge to the flag. by Mayor Ison PRESENT I Mayor Ison, Commissioners JOhnson, Dabbs, Bateman and Hager, City Attorney Rosenthal, City Engineer Kelley, City Manager Ryan, City Planner Wagner, City Clerk Catron. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Ison introduced Wendy Vaughn who had written an essay regarding the U. S. Constitution which had been chosen as one of the winners from her grade level. Wendy was in the 5th grade and 11 years old. Wendy then read her essay for the audience and Commission. Her father, Wayne Vaughn an employee of the Ocoee Fire Department, explained that the program had been sponsored by Channel 9, University of Central Florida and Sun Bank. As part of her recognition, she was awarded 9 shares of Sun Bank Stock. The Mayor and Commissioners all congratulated Wendy on her outstanding essay. Mayor Ison asked that Commissioner Bateman, President of West Orange Girls Club, give a report on the National Rebel Games being held at the Girls Club. Commissioner Bateman reported that the Mayor and Commissioners officially opened the games. There were 114 colleges and universities participating with 600 games scheduled for 34 days through April 2, 1988. He reported that Rod Luck of Channel 6 TV had recognized the games on his show and Mary Ann Swickerath reported on the games in the West Orange Times. He expressed his thanks to Newy Breland for all of his help, to Mrs. Breland for allowing Mr. Breland to participate, to Marge Ricker, Florida State Director for the Rebel Games, for bringing the games to Dcoee, and to the following city employees for all of their contributions: Jim Beech, John Cockrell, Darrel Dees, Buddy Elmore, Ted Ryan and all the others that had made contributions. Mr. and Mrs. I. J. Stevens would be running the concession stands. Commissioner Johnson expressed special thanks to Commissioner Bateman for the fine Job he was doing. Mayor Ison again congratulated H. M. Bownes5 on the celebration of his 80th birthday. He reported that the Lions Club Exhibit at the Central Florida Fair placed second overall and that Clarcona won first place. He announced that the Little League Parade would be held on Saturday at 10:00 a.m. and they were to meet at 9:30 a.m.. APPROVALS Commissioner Bateman moved to approve Item A on the Consent 1 Page 2 City Commi.sion Agenda 4It March 1, 1988 Agenda, Regular Commission Meeting Commissioner Hager seconded and unanimously. e e Minutes of the motion 2-16-88, carried Special Staff Reports - City Engineer ~elley Accrued Cost of ~issimmee Water Plant EKtension City Engineer Kelley explained that approximately $22,000.00 had been spent on the proposed expansion of the Kissimmee Water Well. $8,000.00 was spent for boundary and topographical survey costs, $2,000.00 for soils testing, $5,000.00 for specific site feasibility and $7,000.00 for preliminary engineering work for the expansion. The $7,000.00 for the engineering work could be transferable, but the other $15,000.00 was site specific costs and would be lost if another site was selected. City Manger Ryan explained that $5,000.00 to $10,000.00 could be transferable and if they picked another site, they would have to add the $15,000.00 as sunk cost. The site behind Tee Pee Lumber was approximately $50,000.00 per acre and another southerly site had been considered. Both of those areas were next to residential and industrial but neither site was large enough to expand for another well. He asked for guidance from the Commission. Engineer Kelley stated that he had spoken to an appraiser regarding the Tee Pee Lumber site and they felt that $50,000.00 per acre was high. Out of the 10 acres on that land about 3 acres were wetland and about 7 high ground. He stated that the present site (Youngblood Site) was the best site from a standpoint of feasibility although he could make the other sites work. City Manager Ryan said he was presently compiling financial data with Mr. Cohen to do computer rates for sewer and water rates therefore, they had some time and a decision did not have to be made tonight. In response to Mayor Ison's question regarding total cost for the expansion, Engineer Kelley said that the cost was $800,000.00 - this was for capacity of 750,000 gallon tank. Commissioner Bateman questioned why the size of the tank was not for one million gallons. He also said that Mr. Kelley's report stated that the worst thing about the Kissimmee Water Plant was that there was no back-up well, and the one million gallon would give us the back-up well. He questioned the attorney on whether the Youngblood property could be claimed by one of the owners that could not be located if we went ahead and acquired the property and built the plant. Attorney Rosenthal said the worst that would happen would be inverse condemnation. Mr. Kelley stated that he had spoken with developers on the southern edge of the City regarding property for a well on that side of town. Mayor Ison questioned whether a well could be added on the Youngblood site and Mr. Kelley stated that was not enough property. Commissioner Bateman said he could not see putting a storage 2 Page 3 City Commi..ion Meeting 4It March 1, 1988 tank in if they could not do the well since it was critical that they have a back-up well. Mr. Kelley explained that they would handle this by interconnecting the 3 plants with mains. City Manager Ryan asked what the issue was of combining systems and if there was a move to consolidate the systems. Mayor Ison felt they should consider both sites. There would be a Special Session held on March 8, 1988 and Mayor Ison asked that this item be added to that agenda. Propo.al for Scope of Work on Drainage for MeKey/Bluford Ar.. Engineer Kelley reported that he had had one meeting with Florida Department of Transportation in order to discuss maintenance. They were showing some interest and were supposed to meet again with him. He hoped to have a report for next months meeting. e Report on Continuing ProJect. Engineer Kelley had submitted a written report to the Commission on the status of the continuing proJects. He said that he and the City Manager had met with Mr. Goodman and Mr. Fieldman regarding the surveys and had acquired another survey from them. He also met with the banker and took him to the sites and they were laxing their requirements in some of the areas. Commissioner Johnson asked about the status of M & M utilities. Mr. Kelley stated that they had not been getting the information they needed and hoped to have a draft report to the City Manager by Friday. Mayor Ison asked that this item of M & M Uti lites be agended for the Special Session on March 8, 1988 for an update. Special Staff Report. - City Planner Ru.. Wagn.r Review/Approval of 1988 Annexation, COMprehensive Land U.. Plan, and Rezoning/Plan AMendMent Schedule. City Planner Wagner explained that they had received a copy of the proposed 1988 schedules at the speCial meeting last week and he had not received any comments. The schedule would take the process through November and he had tried to give them as much time as possible for the process and had even set up special meetings. He asked for their approval of the schedules. Commissioner Dabbs moved to approve the 1988 Annexation, Comprehensive Land Use Plan, and Rezoning/Plan Amendment Schedules as submitted, Commissioner Johnson seconded and the motion carried unanimously. e Conceptual Plan Review - Candlewood Shore. City Planner Wagner stated that Mr. Wayne Atwood, developer of the proposed proJect, had requested conceptual approval for developing 30 lots under the existing R-1-A Orange County Zoning but he would utilize the City of Ocoee R-1-A zoning requirements. The lots would be a minimum of 75 ft. width, 3 . . e Page 4 City COMMission ~ting March 1, 1988 110 ft. depth and have an area of 8250 sq. ft. which was slightly larger than typical City R-1-A requirements. Since no City zoning was currently designated for this tract, the developer would need to go through the normal Plan Amendment and Rezoning process. Planner Wagner stated that Mr. Atwood was not looking for formal approval but Just for permission to proceed then he would go through the process. Mayor Ison asked if it was in compliance with the proposed land use for the area and Planner Wagner stated that it was. Commissioner Dabbs asked if we had approved this sort of thing in the past. Planner Wagner explained that there was some precedent that had been set but this was cleaner since it was already in the City. The City Commission expressed some concern with approving the conceptual plan and with the R-I-A Zoning. Planner Wagner explained that everything around their track was R-1-A Zoning or higher density. Commissioner Bateman questioned the size of the retention ponds on the plan. Monte Plank, Site Engineering ConSUltants, said they understood they would have to retain the 100 year storm event. Commissioners Bateman and Hager were in favor of R-l- AA Zoning. Commissioner Dabbs stated that he was not in favor of a Special Exception being given. The other Commissioners also stated that they were not in favor of giving a Special Exception. There was also some concern because this request had not been presented to the Planning & Zoning Board for their review. In the memorandum to the Commissioners from Planner Wagner dated February 24, 1988, he indicated that the permission to initiate construction of this proJect would expedite construction of a portion of Clark Road, help complete the paving of Johio Shores Road, and finish the looping of the water main along Johio Shores Road. Mayor Ison asked how this came to be on the agenda and Planner Wagner stated that it was at the developer's request as he wanted to begin construction of the proJect. Mr. Atwood said that he thought with the priority of the City for the paving of Clark Road and the R-1-A zoning all around the property, it would not be a problem to begin construction on the 30 lots. Mayor Ison stated that the Commission was in a "bind" to commit because of the special exception and suggested it go through Planning & Zoning. He asked Planner Wagner if he had any suggestions. Planner Wagner said it could go to Planning and Zoning and some of the issues could be clarified with a workshop. City Manager Ryan reiterated that the developer needed to realize they were dealing with conceptual and the approval would not be binding even from Planning & Zoning. Commissioner Bateman asked to make some comments. He stated that we had asked direction from our City Engineer on the Clark Road Alignment and felt that should be done and not by the developers as they build their proJects. He also requested that Orange County Zoning information be made available to them so when they were asked 4 Page ~ City COMMi..ioft "--ting 4It March 1, 1988 to allow development under O~nge County Zoning, they would be able to make comparisons. Commissioner Johnson stated that he had originally had no problem with the R-1-A Zoning because it was consistent with the area, but he had a problem with this being a special exception. No action was taken on the request. Permissioft to Prepare Modifieatioft. to the 8igft Ordiftance Height. of Signs e Planner Wagner explained that staff was in the process of modifying the Sign Ordinance but realistieally, they were several months away from presenting it as staff was also working on the PUD and Transportation Impact Fee Ordinances. They have had several requests for 40 to 45 foot signs, especially by one of the new service stations. In the proposed sign ordinance, they were proposing that no signs exceed 25 feet in height in C-3, 20 feet in C-1 and C-2 and 15 feet in Professional Office. This was consistent with other communities. He asked that he be allowed to present an ordinance that would amend the present sign ordinance on the height requirements as he had Just stated. He also would meet with the City Attorney to prepare an amendment to present for first reading. This would only be for the interim as they would incorporate all of the changes when they complete the sign ordinance. Commissioner Bateman asked about the cigarette signs that were "growing up" on the right-of-way and was told that they were illegal and they were an enforcement problem. There were no obJections from the Commission on the proposed amendment to the sign ordinance. RECESS I 9:30 p.m. CALL TO ORDERI 9:55 p.m. PUBLIC HEARING AND SECOND READINB ORDINANCE 88-04 - REED TERRV REZONINB Planner Wagner pointed the property out on the map and explained this was a 38.8 acre parcel located south of Silver Star Road approximately 1/4 mile east of Clark Road. The applicant had requested P-S Zoning for 11.1 acres and R-1AA Zoning for 27.7 acres. Mayor Ison opened the Public Hearing and City Manager Ryan read the proposed ordinance by title only. There being no comments from the public, Mayor Ison closed the Public Hearing. Commissioner Bateman moved to approve Ordinance 88-04, Rezoning R. Terry Property as submitted, Commissioner Johnson seconded and the motion carried unanimously. . OTHER BUSINESS 5 e Page 6 City COMMi..ion Meeting March 1, 1988 Di.cu..ion/Action on Do.. Trailer Renewal - City Attorney Attorney Rosenthal asked that no action be taken on this item tonight as several changes had been suggested by the property owners and the matter would be agended for the next meeting. COMMENTS FROM CITIZENS/PUBLIC There were no comments fEW BUS I NESS Re.olution 88-08 -Orange County Charter Government Structure - Mayor Ison e Mayor Ison explained that the proposed resolution was drafted by the Orange County Council of Mayors and they were trying to get passed by as many cities as possible. It had come too late to be on our agenda before it was presented to Orange County Charter Revision Committee, but he still wanted their opinion on how they wanted the Orange County Charter structured. The Committee specifically wanted input on the number of members on the Commission or if a CEO was wanted. They were considering six single member districts that would overlay the school board and legislative district. The Commissioners agreed with most of the items but had a problem with items 2 and 3. There was some discussion on whether some of the officers should be elected or appointed. Commissioners Bateman and Hager felt they should be elected and Mayor Ison, Commissioners Johnson and Dabbs felt some should be appointed and some elected. They felt that item 6 was a moot point as that would have to be handled by each municipality and should not be in the charter. Propo.al for Hiring a Grants Consultant - City Manager Ryan e City Manager Ryan explained that they had a proposal before them that had been solicited by him for presentation to them. The firm, Langton Associates, N.C. Jacksonville, Florida, had a good track record and had been successful in different types of grant-in-aid acquisitions. He had looked for similar firms in Central Florida but could not find any. He had worked with Mr. Langton in his capacity as City Manager of Green Cove Springs, Florida, and they had been successful in obtaining about $1.2 million in grants. Mr. Langton proposed a fee, not to exceed $1,500.00 per month for about 6 months, in order to determine what grants he could get for the city. Mr. Ryan suggested that grants could be acquired for unpaved streets, public housing, recreation and historic preservation. He also stated that we did not have the expertise to make application for the grants. The Commission was not opposed to the idea of grants but felt a 6 e Page 7 City COmMission Me.ting March 1, 1988 needs assessment or a list of available grants submitted before they approved $1,500.00 per approximately 6 months. should month be f(:.r REPORTS AND INFORMATION - CITY MANAGER R..ind.r of Workshop and S~cial S.ssion on 3-8-88, 6130 p.m. at the WoMan's Club City Manager Ryan reminded the Commission of the Workshop and Special Session on March 8, 1988 beginning at 6:30 p.m. at the Ocoee Woman's Club. R.port on Propos.d Franchis. Ordinanc. for Cabl. TV e City Manager Ryan asked for direction from the Commission on how they wanted to proceed with the proposed ordinance. He explained that we had received a copy of the Orlando ordinance which was very detailed. He said we did not need an enabling ordinance for a franchise ordinance since the City already had the authority to grant a franchise ordinance for Cable TV. Mayor Ison asked if there were any companies showing an interest in providing service to the City. Mr. Ryan said that a couple of companies had shown an interest. Attorney Rosenthal stated that he would not be able to represent the City of Ocoee on this matter since he had represented our present cable company. Copies of the Orlando Cable TV ordinance and our existing Cable TV Franchise Ordinance will be distributed to the Commission for their review and suggestions. They wanted to see service provided to the entire city and they wanted a more restrictive ordinance. This item would be placed under old business on the next agenda. FOLLOW-UP AGENDA e City Manager Ryan went over the follow-up agenda as follows: the meeting of 3-4-88 regarding Bowness Road had been delayed; the meeting with the Varnes had not been held as he was awaiting the recouperation of Mr. Varnes and the developer was not ready at this time, Commissioner Dabbs stated that he knew the concerns of the Varnes and would be glad to meet with the City Manager to discuss those concerns; they had expressed a desire to continue with the purchase of the Youngblood property; the Engineer had a meeting scheduled on 3-8-88 regarding the alignment of Hackney Prairie Road; they had received a draft of the PUD Ordinance; they need to move forward on the reservation capacity sale on the wastewater facility; he had met with Gerald Edwards of the Orlando Post Office regarding City of Ocoe. addresses for all property within the City limits; and 7 ~ e Page 8 City COMMission "--ting March 1, 1988 lighting had been requested for all subdivision entrances in the City. City Manager Ryan stated that they had received a draft copy of the proposed water system. Charter Revision COMMittee City Manager Ryan explained that the Charter Revision Committee had held an organizational meeting. They had requested approval from the City Commission for legal representation and assistance as needed. They would be meeting every other Thursday. They had also received a timetable from Betty Carter, Supervisor of Elections, regarding the deadlines for items that would appear on the ballot for the upcoming elections in the fall. For the September Primary, they would have to have everything to her office by July 18, 1988. The Committee would also like to have a workshop with the City Commission after they have had time to review the Charter. The Commission agreed to provide staff support and legal representation for the Charter Revision Committee. CITY ATTORNEY e Attorney Rosenthal stated that they had received a memo in their packet which explained the current status on the differ.nt proJects. Elaine Fishman, the attorney from their firm that was handling the Pylant lawsuit, had met with staff today regarding the lawsuit, and a hearing was scheduled for Friday at 1:30 p.m.. COMIENTS FROM COMMISSIONERS COMMissioner Johnson reported that the Little League Parade would be held on Saturday at 10:00 a.m. and the Commissioners were to meet at 9:30 a.m.. He also reported on the status of the ballfield and the proposed renovations. Work would begin on 4/4/88 and arrangements would be made for another playing field until the work was completed. Commissioner Hager had no comments. COMMissioner Bateman asked that a history of the Ocoee be researched as far as the representatives Ci ty. City of elf the e COMMissioner Dabbs reported that he had attended a meeting of the Legislative Position Adopting Group with the School Board and two position statements were made as follows: want to tap Infrastructure Trust Fund in order to fund two schools and want fully funded State mandated program. He said they would be meeting again if they or the League of Cities had anything they wanted the School Board to know. 8 . e . Page 9 City COMMission M.eting March 1, 1988 He asked City Manager Ryan why he had to sign another release regarding the settlement of the lawsuit with Prima Vista utilities. City Manager Ryan said that he thought one release was for the individual and the other was for the corporate group, but they could check with Drew Thomas. Commissioner Dabbs stated that he felt it was a good ide. fo~ one of the members of the Commission to act as a liaison for the Ocoee Historic Commission. Mayor Ison asked that staff research the ownership land to the north of the Foxfire Plant, the retention and the extension of Marlene. of the ponds He presented a copy of the newsletter from the Home Builders Association which had a picture and article about TOM Sewell, Orange County Administrator, and asked that it be reproduced for the Commissioners. He announced that the Tri-County League of Citi.. Luncheon would be held on March 17, 1988 at Plantation Sysco as Oeose would be the host and urged all of the Commis.ioners to attend. The Me.ting adJourned at 11:2~ pomo::::iO Z ~ ---------~--------------- MAYOR ATTEST: CITY CLERK 9