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HomeMy WebLinkAbout03-15-88 . - e MINUTES OF TtE CITY ~I88ION IEETINB HELD MARCH is, 1988 The meeting was called to order at 7135 p.m. and Commis.ioner Hager led in the prayer allegiance. by Mayor I.on and pledge of PRESENT, Mayor Ison, Commissioners Johnson, Dabbs, Bateman and Hager, City Attorney Ro.enthal, City Engineer Kelley, City Manager Ryan, City Planner Wagner and City Clerk Catron. ABSENT. None PREBENTATI0N8 AND PROCLAMATIONS Request Donat ion to Boy Scout. of Central FL - R. Buck Richard Buck, a volunteer worker for the Boy Scouts, appeared before the Commi.sion and requested a donation of .1,000.00 to be allocated for the scouting program. He .tated that the City had been donating monies since 1983 and that there were 211 cub scouts and boy scouts from the Ocoee area in the program. Commissioner Johnson moved to approve the donation of .1,000.00 to the Central Florida Council Boy Scout., Commis.ioner Bateman .econded and the motion carried unanimously. City Manager Ryan .tated that the Monies would be taken out of Community Promotions or Unspecified Cash Reserve. Pre.entation Regarding Available Brant. - M. Langton Michael Langton, Langton and Associates, spoke to the Commission on the advantage. of hiring a grants consultant. He explained that his firm repre.ented, large and small, cities and counties throughout Florida. He stated that although there were probably 1... dollars available and more matching funds required, there were still grants available. They had programs for small cities and we would compete with cities our size. They operated on an annual contract basis/fixed fee. They initially would do a needs a.sessment, determine our needs over a S year period and then match with available grants. Some of the programs for the new grant program were for transportation, recreation and comprehensive land use plan.. He said they needed someone with an expertise in this field in order to acquire the grants and they had been in business for six years and had never lost a client. City Manager Ryan stated that he had never found another firm anymore successful than Mr. Langton's and we had a number of areas of growth where we could use the moni.s. Mayor Ison asked if he would consider letting us pay him when we received the first grant, and he stated the he could not do it that way. Commissioner Bateman asked what the matching funds were for recreation and Mr. Langton stated that there were two ba.ic matching funds as followsl for a water body - 66/33~ and for facilities (such as a ballfield) - 33-66~; Federal water was a 50/S0~ 1 e Page 2 City COMMission Meeting March is, 1988 match and some were In-Kind matches. The Mayor and Commissioners stated they were willing to contract with Mr. Langton's firm and asked that a contract be prepared and presented for approval. Attorney Rosenthal a.ked to .ee sample of contracts from other cities he had/was representing. Mr. Langton .aid that on good faith, he would initiate a grant proposal for the City for the EMS Program and in the interim prepare a contract for their approval. Procla..tion 88-83, Alcohol & Drug Abu.. Pr8Yention W..k Mayor Ison read Proclamation 88-03 in it. entirety. He proclaimed the week of March 27 through April 2, 1988 as IIAlcohol and Drug Abuse Prevention Weekll. APPROVALS - CONSENT AGENDA Item III A was pulled from the Consent Agenda because the minutes had not been prepared. Commissioner Bateman moved to approve Item III B on the Consent Agenda, Proposed Ord., Amending the Sign Ordinance, Commissioner Johnson seconded and upon a roll call vote the motion carried unanimously. City Manager Ryan read the proposed ordinance by title only. OLD BUS I NEBS e City Engineer - TOM Kelley e Approval for Apprai.al. for Bowne.. Road ProJect City Engineer Kelley and City Attorney Rosenthal reported that they had received the Tiger Paw Appraisals. An estimated co.t of $10,900.00 for appraisals of some of the other parcels was included in their packet. Attorney Rosenthal said that they might be able to extract some of the information they needed from the Tiger Paw Appraisals. City Manager Ryan suggested, if they should fail to reach an agreement with Tiger Paw, the Commission give contingent approval of the fee for the other appraisals. There was some discussion of the fee charged for the appraisal work and the Commission suggested that in the future an RFP be done for appraisal work. City Engineer Kelley and Attorney Rosenthal stated that it was up to the Commission and it was not unusual to get verbal quotes and ask what an hourly rate would be if a case would go to trial. Commissioner Bateman moved to approve the appraisals up to cost of the estimated fees and subJect to the discretion of the City Manager on whether they would be necessary, Commissioner Dabbs seconded and the motion carried unanimously. Attorney Rosenthal asked the Commission if they could acquire the property for under $10,000.00, did he have their approval to purchase the property without the appraisal. The Commission told him to proceed under those guidelines. City Manager Ryan stated that a purchase and sale agreement would have to be brought 2 Pag_ 3 City Commission M__ting tit March 1~, 1988 back to them for their approval. Engineer Kelley stated that he had the plans and specifications ready and he only lacked the engineering for the railroad crossing. Mayor Ison asked if the Railroad had an occupational license or if they were required to obtain one. The City Attorney will check into the matter and report back at the next meeting. ,. e R_port on Continuing ProJects City Engineer Kelley reported on the ongoing proJects. He reported that he had received some of the boundary surveys regarding the Prima Vista Acquistion. He had met with Florida DOT regarding drainage at the intersection of Blufot~d and McKey and they were to get back with him. A meeting had been scheduled for Tuesday (3-22-88) with the City Attorney and Mr. Cohen regarding the Sewer Capacity Sale. Work was still continuing on the Stucki proJect. S.w_r Brant Application City Engineer Kelley stated, that since the City had acquired Prima Vista Utilities and had hoped to phase out M & M Utilities, he thought they might be interested in applying for a sewer grant. These grants were admininstered by OER for the State. About $80 million in grant monies had been proJected - $40 million in grants and $40 million in loans at low interest rates. He could not proJect what the chances of the City were, but he said it would not cost the City any money to apply. They would require probably up to 55~ matching funds. He said he had prepared the grant applications to the best of his ability with the assistance of the City Manager and requested approval to send the applications as there was a deadline of midnight tonight. Commissioner Dabb expressed concern with the timing of these applications and wondered why they had Just received them. Commissioner Bateman also questioned the timing and said he would not approve any application of it included a provision for a rate increase. Mayor Ison and Commissioner Johnson also asked that these items be provided in a timely manner. Engineer Kelley explained that no rate increase was included in the application for the grants and that he had problems contacting the right person with DER to discuss the grants. Commission Hager asked if they could refuse the grant, in case there was something they did not approve of with the application, and Mr. Kelley said that they could do so. The Commi..ion did not have a problem with submitting the applications but again requested that they be given the information in a timely manner. City Manager Ryan stated that there were two different applications as follows: Grant I - was for the Ocoee Wastewater Improvements, Equipment and Additions and Grant II - was for the contruction and pumping station to phase out M & M Utilities. As instructed by the City Attorney, he said a roll call vote would be needed. 3 P.lle It City CoMMi..ion ~tinll e M.reh 1 S, 1988 Commissioner Hager moved to approve the two grant applications as submitted, Commissioner Johnson seconded and upon a roll call vote, the motion was unanimous. e e Approv.l o..illn Fee for Cl.rk Ro.d City Engineer Kelley reported that he had originally submitted a proposal of $24,400.00 for the center line design of Clark Road. The proposal submitted for approval tonight was for $28,200.00, this included right-of-way reservations, maps, etc. and he asked them to approve the difference in the two proposals. Commissioner Dabbs moved to approve the proposal of $28,200.00 as outlined in the 3-8-88 letter to City Manager Ryan, Commissioner Bateman seconded and the motion carried unanimously. Engineer Kelley explained there were a lot of details to work out with DOT, Orange County, Expressway Authorities and landowners. City Planner - Russ Wagner Rev i.w/Approva 1 Roberts Rise Subdivision - Final Plat City Planner Wagner stated that they had received an updated plat of Roberts Rise for their files and he explained that everything was in order except for a few minor wording changes that had been requested by the City Attorney. The developer had attempted to supply what was required and he recommended approval of the Final Plat subJect to the following items as listed in his report of 3-11-88: 1 - All PRM's to be replaced on site and indentified as *4236 in accordance wiht state Statutes; 2 - All drawing items to be corrected as required by the City Engineer; 3 - All legal document. to be modified in accordance with all changes specified by the City Attorney including, but not limited to, the Delcaration of Covenants and Restrictions, the Architectural Review Board Planning Criteria, and the Articles of Incorporation and By-Laws of the Robert's Rise Homeowners Association; 4 - All approved documents executed in their final form prior to recordation with the plat; and ~ - Modification of the agreement between the City and Courtney Consulting Corporation to specify that the proposed dock is to be owned, insured and maintained by the Homeowners Association and n2~ the individual lot owners, subJect to the use of the general public. Said modified agreement to be recorded with the plat. There was some question on who was to be responsible for the dock and Attorney Rosenthal recommended the Homeowner's Association be responsible and felt this was in the best interest of the City to be handled in this manner. Commissioner Dabbs questioned the mention on, the plat, of an oral agreement between some of the previous property owners. Mrs. Courtney stated that she had a quit claim deed and explained that the oral agreement had taken place during the 1950's. When asked if the sidewalk issue 4 e e e Page :5 City COMMission "--ting ....rch 1:5, 1988 had been resolved, Mrs. Courtney explained that the portion of the sidewalk that had been placed on property not owned by them had been removed. Mayor Ison asked if the Courtneys or attorney had a problem with the changes made in the original agreement dated 7-7-87 and they stated that they had none. He then asked for approval of the changes. Commissioner Dabbs moved to approve the 7-7-87 agreement as modified, Commissioner Johnson seconded and the motion carried unanimously. Commissioner Bateman questioned item 3 which required approval by the City Attorney of the Homeowner's A.sociation documents. Mayor Ison stated that he had never seen this type of thing approved by them in the past. The attorney agreed they could drop that item. Commissioner Johnson moved to approve the Final Plat for Roberts Rise Subdivision subJect to items 1, 2, 4 and ~ of the report from City Planner Wagner dated 3-11-88 and subJect to review by the City Manager and City Attorney, Commissioner Bateman seconded and the motion carried unanimously. PUBLIC ~ARINB Cable TV Status Report - Cablevision Industries Repre..ntative. Rick D'Loughy, repr...ntative of Cablevision Industries, addr....d the Commi..ion and stated that he did not have anything in writing to pre.ent to them. He had been in contact with hi. office and the City Staff and felt that the l.vel of complaints had been reduced and th.re was a general l.v.l of satisfaction with their service and with what they had b..n able to accomplish. The Commission agreed that they had not had as many complaints. Kim Nordquist, 2003 Leslie Ann Lane, Oco.e, stated that he had not had service since last Thur. day. H. had trouble getting through, was put on hold for 23 minute. and eventually told that a technician would come by hi. hom.. Commissioner Johnson reported that he also had trouble getting through on the phone lines and had vi.ited their office. Mr. D'Loughy assured Mr. Nordquist that he would assist with the problem. RECESS I 9:30 P.M. CALL TO ORDERI 10:13 P.M. PUBLIC HEARING AND SECOND READING - City Planner Ordinance 88-02, Pearl R. Terry Annexation Planner Wagner pointed the property out on the map and stated that it was a 20 acre parcel located at the southeast corner of Geneva Street and B.C. Terry Road south of White Road. Mayor I.on opened the Public Hearing and there being no comment. closed the hearing. City Manager Ryan read the ordinance by title only. Commi.sioner Bateman moved to 3 e e e P.I. 6 City COMMi..ion ~tinl M....ett 1 S, 1988 approve Ordinance 88-02, Pearl R. Terry Annexation, Commi..ioner Hager seconded and the motion carried unanaimou.ly. Commissioner Dabbs questioned the signature page on this Hold Harmless agreement as it had the same signature as the Ferdinand annexation. (It was determined, following the meeting, that Mr. Ferdinand owned both properties .nd, therefore, he signed the Hold Harmless for the Pearl Terry property.) Ordinance 88-83, J.... V. F.rdin.nd Annex.tio~ Planner Wagner pointed the property out on the map and explained th.t this was a 24.27 acre parcel located approxim.tely 1/8 mile east of Maguire Road and north of Moore Road. Mayor Ison opened the Public Hearing and there being no comments closed the he.ring. City Manager Ryan read the ordinance by title only. Commissioner Bateman moved to approve Ordinance 88-03, James V. Ferdinand Annexation, Commissioner Hager seconded and the motion carried unanimously. OTHER BUBltESS Do.. Ag.......nt - City Attorney Rosenthal Attorney Rosenthal explained that the agreement dealt with usage of the trailer and provided a mechanism for removal of the trailer in the future. The agreement had been signed by the Do.s family and given to the City Clerk. Mayor Ison asked if there were any comments. Mrs. McRoberts, 611 Spring St., stated that she accepted this arrangement with reservations and she felt the Commission made a mistake and should have admitted it. Mayor Ison stated that we all leat~n from our mistakes .nd hopefully, this would not happen again. Commisisoner Dabbs moved to approve the agreement, Commissioner Hager seconded and the motion carried unanimously. R.view/Di.~u..ion on . Proposed C.bl. TV Fr.nchi.e Ordinance - City Man.ger Ryan City Manager Ryan stated that they had been presented with a copy of our existing Cable TV Franchise Ordinance along with . copy of the City of Orlando Cable TV Franchise Ordinance which wa. the procedure for granting franchises. He ..ked for direction and explained that they could grant a franchise as they did with the current cable company without an ordinance for procedure. Most of the Cable TV ordinances we had received had been passed prior to the new State Statute .nd before deregulation. Attorney Rosenthal reminded the Commission that he had a conflict with this i..ue and would not be able to represent them. Mayor Ison asked if the represent.tive from another cable group would speak to them. Tom Cloud, attorney with Gray, Harris and 6 Page 7 City COMMission Meeting e March 13, 1988 Robinson, stated that he represented Telestat Cablevision, Inc., a FPL group located soley in Florida and they currently had 16 franchis... On March 7, 1988, they filed an application for a franchise with the City of Ocoee and they asked the Commi.sion to consider their franchise request. They had applied for a franchise in the City of Orlando but had not be.n approved as of this date. Mr. Cloud stated they were willing to enter into a franchise agreement with the City on the same terms as the present company. Mayor Ison stated that he was ready to hold a Public Hearing but was not sure that would be procedurally correct and asked if we could have the public hearing at our next meeting (4-5-88). City Manager Ryan stated that several Public Hearings would have to be held. Commissioner Dabbs expressed his concern with holding the hearing without legal representation. Attorney Rosenthal stated that the Commission could have a presentation made to them, a marketing type proposal, with no legal documents until such time as they get legal repre.entation. A pre.entation by Telestat will be placed on the April 5, 1988 Agenda under Old Business. e AppointMent of Liaison to Deoee Historic Commission Commi.sioner Dabbs stated that he would be willing to serve as the liaison for the Commission to the Ocoee Historic Commission. Commis.ioner Bateman moved to accept the offer of service by Commissioner Dabbs, Commissioner Johnson seconded and the motion carried unanimously. COMMENTS FROM CITIZENS/PUBLIC R. P. Mohnacky, 1820 Prairie Lake Blvd., Ocoee, made the following comments: He would like to see the option of smaller homes and larger lots; suggested putting a water storage tank at the highest location in the City so it would be gravity fed; and suggested purchasing equipment with cash instead of the lease/purchase plan. NEW BUSINESS - None REPORTS AND I NFORMAT ION - CI TY MANAGER e Budget AMend..nts for Added Staff Positions and Pay Plan AdJustments City Manager Ryan requested the Commission authorize the expenditure of .27,400.00 for the proposed, but not budgeted, new positions - the Planner and Administrative Assistant to the City Manager. The figure. were based on six months for 1988 and the monies could be allocated from the Unspecified Ca.h Reserves in the General Fund. The monies needed for additonal office equipment due to the new positions were $3,131.00 and they could be taken from the monies that had 7 e Pag_ 8 City COMMi.sion Meeting March is, 1988 been allocated for the microfilm equipment. He asked for their approval and at mid year budget, they would amend the budget by ordinance to ratify what had been done. The Commission gave their approval for the allocation of the funds as requested. City Manager Ryan stated that the Pay Plan AdJustments were not prepared at this time. They would still need to approve pay adJustments for the fire and police departments. Those items would be placed on the next agenda. e FollOM-up Agenda City Manager Ryan stated that a copy of Orange County Zoning and City of Ocoee Zoning had been provided to them for their review. The property north of the Foxfire Plant was owned by the Goodman Group and the retention pond belonged to the apartment complex. He asked if there were any other items the Commis.ion would like to have addressed. Commissioner Dabbs asked the status of item 5, which dealt with an overall "Utility Commission". City Manager Ryan stated that it had been discussed in concept and was on the list of things for the City Attorney. Commissioner Dabbs asked that it be given some priority. Mayor Ison said his concept was for sewer and water more so than drainage. Commissioner Bateman asked that a workshop be scheduled when the City Manager had something ready. Commissioner Dabbs asked if Mr. Kelley had spoken on the Master Transportation Plan and Mr. Ryan said that he had not but it was in process and one of the prioritie.. Commissioner Dabbs also said that item 7 evaluation/performance review for City Manager was still of intereat to him. City Manager Ryan said he would provide a copy of the ICMA Magazine that dealt with City Manager evaluations and he and the new attorney would work on this matter as it was on the list of things to be done. CITY ATTORNEY Pylant Lawsuit - Attorney Rosenthal stated that he was plea..d to report a favorable ruling by Judge Brown on the hearing with Rev. Pylant and that Judge Thompson was consolidating the lawsuits for a more efficient way of handling both matters. He said he was of the understanding that Rev. Pylant was in compliance with the ruling. Charter Revision COMMitt.. - Attorney Rosenthal presented the members of the City Commission with a copy of the Charter so that one side was the charter and the other side was blank so they could make note./changes. He reported that the committee was trying to review one chapter at a time. e Proposed PUD Ordinanee - Attorney Woodson Attorney Woodson reported that the proposed been ba.ed on the Orange County Ordinance ord i Ylance and had had been 8 . Page 9 City COMMission "--ting March IS, 1988 commented on by P & Z, prior city attorney and staff. They had worked from that and that the most important element was establishing procedures for PUD review. Another important feature was that this ordinance required more in depth standards. He had a draft that he could present if they wanted to look at it now and he would have another draft in the next week or so. City Manager Ryan suggested a workshop be held prior to a first reading on the proposed ordinance. A workshop was scheduled for April 5, 1988 at 6:30 p.m.. e Propos.d Transportation Impact F.. Ordinanc. Attorney Woodson explained that this was the second draft of the proposed ordinance. He had received comments from PEC, Homebuilders Association, and looked at ordinances in Orange County, Orlando, Apopka, Seminole and Lake Counties. There would probably be another revision since an interim fee might have to be designed since a study was needed in order to establish a transportation impact fee. PEC was doing the study, but would not be done until approximately December and an ordinance would have to be established for credits against the fee. At the request of the City Manager, this impact fee would be required at the time the Certificate of Occupancy was issued. Attorney Woodson stated that this was unique as most cities collect it at the time of building permit. He emphasized that the monies collected had to be used in the areas it was collected and could not be used for maintenance, only new construction. He stated the proposed fee in this draft of $1,000.00 per unit for residential; $3,000.00 to $6,000.00 for retail and $8,000.00 for a restaurant was very flexible and the percentage of cost recovery varied between the cities and counties. He had copies of the second draft available if they wanted them and he would have the third draft ready by the 4-5-88 Meeting. Commissioner Dabbs commended Attorney Woodson on his report. Mayor Ison asked if he had a feel for the time involved. Attorney Woodson stated that it depended on the priorities. They agreed that the PUD and Transportation Impact Fee Ordinances were priority. COMMENTS FROM COMMISSIONERS e COMMissioner Dabbs stated that he had received both verbal and written thanks for the City taking care of the street light problem and repairing the sidewalks. He felt the hiring of a full time city attorney was a priority and requested that city staff formalize the process. He stated that he was on record for hiring a permanent city attorney because of the conflict of the present firm due to their representation of the Heller family. Mayor Ison suggested we workshop this item and set the procedures they want for 9 - -- Page 10 City COMMi..ion M..ting Marc:h 1:5, 1988 hiring a city attorney and an attorney for Cable TV. The item would be placed on the workshop of April 5, 1988. Commissioner Dabbs asked if there would be file cabinet space for them in the new office in the Withers/Maguire House and City Manager Ryan said that the cabinets would be provided. He also asked if anyone was going to Tallahassee for the Legislative Action Day on May 4, 1988. COMIIi.sionltr Johnson asked about si grls that were placed c,n the side of the road and he was told that they were illegal and would be removed. He asked if the Police Department would, on a regular basis, drive by the Little League Field and, also, stop and patrol the area. There were people speeding and it was dark in that area. Mayor Ison and City Manager Ryan stated that there was no reason that the police could not patrol the area and Buddy Elmore, Supervisor of the Street Department, said his crew was out checking all of the street lights in the City. COMMissionltr Hager stated that the West Orange Girls Club used to have a contribution box and it might be a good idea to put it back. Commissioner Bateman said it would be put back. Commissioner Hager also reported that the lights had been out on Lee Street for two weeks. He said he had also received good comments on the work that was being done around the Ci ty. COMMissionltr BateMan had no comments. Mayor Ison said he also had some of the same items on his list, such as a permanent attorney. He reminded everyone of the Tri-County League of Cities Luncheon on Thursday which was hosted by the City of Ocoee and to be held at Plantation Sysco. City Manager Ryan stated that the audit was complete and sometime between now and April 1, 1988, they may need to have a special meeting. The meeting aJdourned at 11:40 p. m. . .) () n ~ . ---~~-~-~---- MAYOR ATTEST: ------------------------- CITY CLERK 10