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HomeMy WebLinkAbout04-05-88 - MINUTES OF THE CITY COMMISSION MEETING HELD APRIL 5, 1988 The meeting was called to order at 7:40 p.m. and Commissioner Dabbs led in prayer and pledge to the flag. PRESENT: Mayor Ison, Commissioners Johnson, Dabbs, Batema~ and Hager, City Attorneys Rosenthal and Woodson, City Engineer Kelley, City Manager Ryan, City Planner Wagner and City Clerk Catron. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Iso~ explained that the Charter Revision Meeting Minutes of 2-25-88 and 3-10-88 were information o~ly. Committee for their Proclamation Mayor Ison Commissioner Commissioner unanimously. 88-04 Child Abuse Prevention Month read Proclamation 88-04 in its entirety. Dabbs moved to approve the Proclamation, Johnson seconded a~d the motion carried e Introductions of new staff by the City Manager City Manager Ryan introduced De~nis Finch who would be the new City Engineer, Robert Holland who would be the new wastewater superintendent and Janet Res~ik who was the new administrative assistant for the City Manager. A new receptionist had also been hired to fill the vaca~cy created by the promotion of Mrs. Resnik. The only positio~ left to fill was that of the planner. APPROVALS - CONSENT AGENDA Item C was pulled from the Consent Agenda as those mi~utes were not included in the packet. Commissioner Dabbs asked that two corrections be made to the minutes of 3-1-88 Meeting, one was on page 6 - moot instead of mute and the other on page 8 - Legislative position instead of League position. Commissioner Bateman moved to approve the mi~utes of 3-1-88 Meeting as revised and the other items on the Consent Agenda, Commissioner Hager seconded and the motion carried unanimously. The items approved were as follows: A - Regular Commission Meeting Minutes of 3-1-88, Regular Commission Meeting Mi~utes of 3-15-88 and the Joint P & Z and City Commission Meeting Minutes of 2-23-88. e NOTE: Mayor Ison asked if there were any obJectio~s to moving Item VI C up on the agenda since most of the people present in the audience were present to hear the request by the Victory Baptist Church for a Special Exception. There were no obJections. ~ 1 e Page 2 City Commission Meeting April 5, 1988 Request for Special Exception - Victory Baptist Church Rev. Butts e Rev. Butts had submitted a request for two Special Exceptions for Victory Baptist Church as follows: Use of property irl a R-l-A Zoning District and Joint use of parking facilities. The church wanted to build an educational building on their property and although the church building was grandfathered in, the Code required a Special Exception since they were adding 63~ more building and wanted to utilize the parking area for both the church building and the educational building. Bruce Beatty, Chairman of the Board of AdJustmerlt, explained that the Board had met on Tuesday, March 29, 1988 to consider the requests and recommended approval of both Special Exceptions subJect to the church providing the City of Ocoee with a notarized statement of the hours that the parking facilities would be used. Rev. Butts was also present if the Commission had any questions. Commissioner Bateman asked if the city had received the notarized statement and was told that we had not. Attorney Rosenthal said he would prepare the statement and send to the church for their signature. Commissioner Bateman also questioned the 20' driveway through the parking area. Planner Wagner stated that the church was Just before them for the Special Exceptions and although staff was in the process of reviewing the plans, these plans had not been approved by staff. Commissioner Johnson moved to approve the recommendation of the Board of AdJustment and grant the two Special Exceptions subject to receipt of the notarized statement, Commissioner Hager seconded and the motion carried unanimously. OLD BUSINESS Special Staff Reports - City Engineer Tom Kelley e Bluford Ave/SR 50 Relocation of Water Main/Force Main - R. Brenner Ray Brenner, acting Public Works Director, explained that the Department of Transportation would be paving a deceleration lane on the south side of SR 50 extending approximately 450' easterly to SR 526. This would cover the City's water main and force main access to service or improve these systems at a later date; therefore, it was necessary to relocate these lines at this time. He had received two sealed bids, both were from companies on open contract with the city, with the successful bidder being Travis Williams Construction Company at an amount of $19,380.00. He asked the COMmission for approval of the $19,380 plus 10~ contingency monies to relocate the underground pipe lines and award the contract to Travis Williams Construction Company. Mayor Ison asked if the project would be financed from both the water and 2 - Page 3 City COMMission Meeting AprilS, 1988 wastewater funds with told that it would be. the recommendation of Commissioner Johnson unanimously. approximately 50~ from each and was Commissioner Dabbs moved to approve the Acting Public Works Director, seconded and the motion carried Report on Continuing ProJects - T. Kelley Engineer Kelley stated they had his report on 9 of the continuing proJects. The maJor proJect was the Bowness Road ProJect. Attorney Rosenthal reported that he had met and negotiated with the property owners on 3-22-88 along with City Manager Ryan and they did not have final approval of Tiger Paw on the appraisal. A meeting had been scheduled on 4-12-88 with the appraiser and Tiger Paw. An adJustment would be made if the appraiser agreed with the Tiger Paw representatives and if not, he felt the matter could be finalized after the meeting. Letters had been sent out to the other property owners and they hoped to work out right- of-way acquisition without appraisals dependent upon the outcome of the Tiger Paw property. They were also working on the railroad right-of-way use, several small pieces of land at Franklin and Hwy. 437 and a piece of land on Kissimmee. e Engineer Kelley and Attorney Rosenthal negotiations for the purchase of property of the Kissimmee Water Well. They hoped report by the first meeting in May. reported on the for the expansion to have a definite Engineer Kelley stated that he had placed an advertisement in the Sentinel and Winter Garden Times regarding a Public Hearing for the water and wastewater capacity planning which would be held on 4-18-88 at 2:00 p.m. in the Ocoee Community Center, and a PUblic Hearing regarding the Clark Road alignment study which had been scheduled for 4-15-88 at 10:00 a.m.. Commissioner Dabbs questioned how long it would take for the completion of the Transportation Study and Mr. Kelley said it would be completed by December 1988. He said he would present a status report at the next meeting. When questioned by Commissioner Dabbs on acquiring all of the right-of-way regarding the south central drainage proJect (including Stucki), Engineer Kelley said he would present a report at the next meeting. He had met with St. Johns Water Management District and they agreed that additional land would be needed. . Commissionet~ Johnson questioned the assistance of DOT with the Bluford/McKey Street drainage proJect and Mr. Kelley said he had not been able to make contact with the right people for a satisfactory answer. Mayor Ison asked if the Starke 3 - Page 4 City COMMission Meeting April 5, 1988 Lake Drainage Basin tied into this proJect and Mr. Kelly stated that it did not unless work was done north of the school, then it would go into that basin. Special Staff Reports - City Planner Wagner Review of Crawford Rezoning Planner Wagner explained that this .52 acre parcel of land was located west of Taylor St. and north of Oakland Ave.. Mr. Crawford had petitioned for C-3 General COMmercial Distt~ict zoning. The property was currently zoned R-l but the C-3 was more consistent with the zoning in the area. The Planning and Zoning Board had met and recommended approval of the request. The Commission agreed with the recommendation and an ordinance would be prepared for first reading at the next meeting. e Review of Sanders Rezoning Planner Wagner explained that this .46 acre parcel of land was located west of Taylor St. and north of Oakland. Mr. Sanders was also requesting C-3 zoning and currently had R- 1 Zoning. This was the same situation as Mr. Crawford and the lots Joined each other. The Planning and Zoning Board had met and recommended approval of the request. The Commission agreed with the recommendation and an ordinance would be prepared for first reading at the next meeting. Special Staff Reports City Manager Ryan Proposed Water Service Territorial Agreement Orange County City Manager Ryan explained that he had met with Orange County staff and they had tentatively agreed on a tert~itorial agreement regardiYlg water service. The Ocoee Water Service Area Boundary proposed by City Staff included most of the Joint Planning Area with the exceptions of areas already serviced by Orange County. He had also included a proposed agreement for their review. The Commission said they had no problem with the agreement. Commissioner Bateman moved to approve the recommendation of the City Manager as outlined in the Staff Report - "respectfully recommended approval of the proposed Ocoee Water Service Agreement boundary to be incorporated in a Water Service Territorial Agreement similar to the 'draft' presented, subJect to the approval of the City Attorney and City Manager, and the agreement be transmitted to Orange County with a request for approval", Commissioner Dabbs seconded and the motion carried unanimously. . Orange County Wastewater Service Capacity Request City Manager Ryan explained that this was the request from Orange County to service the Belmere ProJect, which was located south of the city and outside the Joint Planning 4 . Page 5 City Commission Meeting April 5, 1988 . Area. It was anticipated they would need approximately 400 ERU's, which was anticipated to result in an estimated $1,000,000.00 in wastewater impact fees as well as approximately $10,000.00 per month in gross revenues. City Manager Ryan recommended the Commission approve the concept and to direct staff and the attorney to negotiate terms and conditions for providing said services. Commissioner Dabbs felt this was premature and was not in favor of the agreement. Commissioner Bateman stated that he was not willing to say no but had concerns with how the connections would be sold to the County. He also felt whatever was done south of Hwy. 50, they would have to look at the whole package. Mayor Ison questioned if the agreement was reciprocal and Attorney Rosenthal said that it was. Since there was some concern with the agreement, some members of the Commission felt more study should be done. Commissioner Bateman moved to table until the City Manager could get more details (looking to the north and south of Ocoee for areas that would need service), talk with Orange County Staff and report back no later than the 5-3-88 Meeting, Commissioner Hager seconded. Attorney Rosenthal asked for a clarification on what they wanted in the agreement. They asked for more details, discussion with Orange County Staff, requested a reciprocal agreement and concerns addressed about serving people outside the city. The motion carried unanimously. Other Business . Presentation by Tel..at Cablevision, Inc. Tom Cloud, attorney for Telsat Cablevision, Inc., made a brief presentation to the Commission on their company and explained that Tom Wilkes was present also along with Cecil Taylor, Director of Marketing with the company. They asked the Commission to consider entering into a franchise agreement with them. They said they were the largest private cable company in the state and were located in southwest Orange County and came as far as Hiawassee Road. They had provided copies of a proposed Resolution, Franchise Agreement and Notice of Public Hearing for the Commission to consider. Mayor Ison asked the Commission for their input on holding the public hearing. Commissioner Dabbs stated that he understood their desire to serve the City, but he was not prepared to go any further without legal consel. Mayor Ison asked if the Commission could direct staff to employ Dwight (Ike) Cool to represent the city regarding the cable issues. Mr. Cool currently represents the city as attot~ney for the Code Enforcement Board The Commission agreed to have staff employ Mr. Cool to represent the City regarding cable TV matters and set the Public Hearing on May 17, 1988 at 7:45 p.m.. in order to consider another franchise. 5 . Page 6 City COMMission Meeting April ~, 1988 Proposed Cable TV Franchi.e The COMmission had been presented with a copy of the exisitrlg franchise with Cablevision Industries and a copy of the State Statute for their review. Direction Regarding Legal Counsel for Cable TV This item was taken care of under the Telesat presentation. RECESS: 9:47 p.m. CALL TO ORDER: 10:05 p.m. COMMENTS FROM CITIZENS/PUBLIC e Discussion on Extension of water line for a proposed Tri-Ple~ on Geneva Street, D. Seidner Mr. Seidner requested relief or exemption from the water looping requirement. He was building a Tri-Plex on Geneva and due to the city requirements for looping, he felt it was overburdening for him to have to extend the water line for that distance. City Manager Ryan explained that the 2" water line was inadequate for fire protection and that a 6" or 8" was needed. John Cockrell also said that the 2" was not sufficient to give adequate water pressure. Mayor Ison asked Engineer Kelley to respond. Engineer Kelley stated that if the developer was willing to install an 8" line, the city could pay the difference for a 12" line. City Manager stated that they had not dealt with all of the issues and felt Mr. Seidner was premature in his concerns. Mayor Ison asked that this be directed back to staff and to be worked out. He also asked that the drainage be considered as it was a maJor concern for that area. . Request PerMission For Basketball Poles on Right-of-Way - J. Halvorsen (Forest Oaks) Mr. Halvorsen addressed the Commission and said that several of the homeowners in Forest Oaks had been cited and asked to remove their basketball poles. He asked for consideration of the Commission to allow them to remain. City Manager Ryan explained that they had been cited under the Ocoee Code to remove the poles as the City could not accept the liability if someone was hurt while playing in the street. There was a suggestion that the lot in Forest Oaks that was supposed to be open space/a recreation area could be utilized by putting a half of a basketball court on it along with a tot lot. All of the Commission agreed that they could not condone the children playing in the street. City Manager Ryan stated that monies were in the recreation fund that had been collected and recommended $5,000.00 be used to build the facilites mentioned on the lot. Commissioner Johnson moved to approve the construction of the 1/2 basketball court and 6 . Page 7 City Commission Me.ting April ~, 1988 tot lot, not to exceed $5,000.00, Commissioner Dabbs seconded and the motion carried unanimously. Scott Weaver, 616 Sherwood Oaks Circle, offered the use of theit~ basketball backboards and nets. R. P. Mohnacky, 1820 Prairie Lake Blvd., stated that he was not in favor of anything, including mailboxes, being allowed in the road right-of-way. Rick D'Loughy, Cablevision Industries, said that arl Emergency Alert System was being provided for the city to allow a responsible city officer to get a message to the citizens pertaining to public safety, health and welfare. The city officer could be a Public Safety Official, the City Manager or the Mayor. He also told the Commission that they had donated a color tv to them so they could monitor the meetings while they were being broadcast. Mr. D'Loughy asked the Commission to get the most current consolidated financial statement from Telesat as they only one that had been provided to them was 1985/86. NEW BUSINESS e Approval of Audit for Y/E 9-30-87 - E. McDirMit Eldon McDirmit, of the firm McDirmit and Davis, explained that the audit report for this year had been expanded with additional information and would help in budgeting and planning. He highlighted the letters to the Commission from City Manager Ryan and Finance Director Poston and the letter from his firm. He also highlighted several areas in the report such as, the combined balance sheet, the actual revenues versus expenditures, enterprise and pension funds, financial statements, change in financial position, combining statements, sections with breakdowns on the enterprise and special revenue funds, new statistical section, and auditor's/management comments. He stated that overall the city was in a strong financial position but he had a concern with the current trend in the General Fund. He stated that was his opinion and not necessarily a problem, he was talking more about a trend. Mr. McDirmit asked for approval to send the report to the Auditor General along with our response to the management COMments. Commissioner Bateman moved to approve the audit and send a copy to the Auditor General and direct staff to follow up with our comments to the management letter, COMmissioner Dabbs seconded and the motion carried unanimously. . Approval for Security Trailer, Florida Rock & Tank Lines - R. Wood Ray Wood, Terminal Manager for Florida Tock & Tank Lines located at 625 S. Bluford Ave., requested permission for a security trailer on their property. He explained that due to the nature of their business, they had to leave their gates 7 . Page 8 City Commission Meeting Apri I 5, 1988 open and unlocked 24 hours a day. Mr. Wood said they had lost tags and batteries. He explained that they wanted to put a 35' travel trailer on the northwest corner of the property and it would be used only by a man and his son for security purposes. Commissioner Dabbs asked if it could be operated from the existing building and he stated that it could not be done as they were locked at all times. According to the Code, the property was zoned properly to allow for the security trailer. Commissioner Bateman moved to approve the security trailer on a trial basis until 12-14- 88 renewal time per Chapter 4, Section 11.2 (5) of the City Code, Commissioner Johnson seconded and the motion carried I.maY'limous I y. NOTE: Special Exception Request for Victory Baptist Church was taken care of earlier in the meeting. REPORTS AND INFORMATION CITY MANAGER e Pay Plan Modifications City Manager Ryan explained that the Commission, in concept, had approved reducing the current pay plan from 10 pay levels to 5 pay levels. The impact on the aJdustments that would be made due to this change, would be $22,000.00 for the remainder of this year. He recommended the Commission approve the modification of the compensation plan to reflect the revised pay level adJustment effective with the beginning of the next fiscal year on October 1, 1988. Commissioner Bateman asked that we show concern for people who work for us now and suggested we initiate the pay plan the last quarter of our budget year. Mayor Ison echoed the same sentiments. Commissioner Johnson pointed out the discrepancy in the salary for the wastewater supervisor. Commissioner Johnson rnc,ved tc. apprc.ve the pay plan adJustments aY'ld that. they become effective the last quarter of the budget year, Commissioner Bateman seconded and the motion carried l.tY'laY'li mc.us I y. Follow-up Agenda City Managet~ Ryan asked if there were any questions on the follow-up agenda and there were none. CITY ATTORNEY Proposed PUD Ordinance This ordinance was to be scheduled for first reading at the rlext meet i rig. e Proposed Transportation Impact Fee Ordinance A workshop had been scheduled for 6:30 p.m. order to go over this ordinance. C'Y'I 4-19-88 i rl 8 . Page 9 City Commission Meeting Apri I 5, 1988 Review of Occupational License for Railroad The current city code imposes a fee of $300.00 for a license for a railroad and Section 205.042 of the State statutes gave the city authority to collect the fee. Attorney Rosenthal suggested we send a letter with a bill for the license. This wou I d be dorle. Report on Continuing ProJects The Youngblood contract had been drafted and sent to the Youngblood attorney. Kissimmee Water Well and Bowness Road ProJects had already been discussed. A draft agreement with Langton and Associates had been prepared. Attorney Woodson was working on the wastewater capacity reserve sale, the issue with the Forest Oaks Water Well and the matter of enforcement of a temporary certificate of occupancy. They had a draft of the development agreement prepared. Attorney Rosenthal said that he and Attorney Woodson had met with City Manager Ryan and they hoped to have the items on the follow- up taken care of within the next week. COMMENTS FROM COMMISSIONERS - Commissioner Johnson asked about the sidewalks on Orange Avenue frc.m Center to Flewelling. City Manager Ryan said they had basically been following the schedule for sidewalks from last year and trying to complete the ones not done last year, and Orange Avenue would be included. He asked the Commission for a liason person from the Commission to serve on the Police Advisory Committee. The Commission all agreed to have Commissioner Johnson serve as their liason to the committee. Commissioner Johnson asked that a letter be sent to Orange County Animal Control regarding the cat population irl the city. Commissioner Hager had no comments. Commissioner Bateman asked about the terms of two members of the Planning & Zoning Board that were up and City Clerk Catron said she had planned on putting those appointments on the agenda for the 4-19-88 Meeting. He asked that the Charter Revision Committee be advised about Article II, Section 1 (10) regarding franchises and posting notices three places in the city as he had not seen that being done. e Commissioner Dabbs asked the status of M & M utilities and the rates if we were to take it over. City Manager Ryan explained that the city felt it was too expensive to take over. Commissioner Dabbs asked if the customers were being served by an inadequate facililty. Mayor Ison suggested a contingency plan be developed in case the company went under. 9 - e Page 10 City Commission Meeting Apri I 5, 1988 He also stated that Orange County and DER had imposed improvements on M & M Utilities that had to be made. Commissioner Dabbs asked about the trash on the Wescar property along Clark Road. Dave Outlaw, representing Wescar, stated that the problem would be taken care of and the Junk t~emoved . Mayor Ison asked that two people from the Police Advisory Committee be placed on the Crime Tips program and asked Chief Boyd to get two names to City Manager Ryan. He asked for participation in the League Visitation from the Commission. He also stated that he hoped West Orange County would be represented on the Orange County Recreation Board. He asked about the procedure for hiring of a city attorney and City Manager Ryan said we would be advertising in the Sunday Sent i Y"le I . The meeting adJourned at 12:40 a'~Le ^ -----------------~----- MAYOR e ATTEST: CITY CLERI-< e 10