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HomeMy WebLinkAbout05-17-88 - e e MINUTES OF THE CITY COMMISSION MEETING HELD MAY 17, 1988 Mayor Ison called the meeting to order at 7:40 p.m. in prayer and pledge of allegiance to the flag. and led PRESENT: Mayor Ison, and Bateman, Attorneys Engineer Kelley, City City Planner Wagner, and Commissioners Dabbs, Hager, Johnson Rosenthal and Woodson, Consulting Manager Ryan, City Engineer Finch, City Clerk Catron. ABSENT: None PRESENTATIONS AND PROCLAMATIONS The Charter Revision Committee Meeting Minutes of 4-21-88 had been provided to the Commission for their information. Pre.entation of Insurance Refund - Ken Enlow Ken Enlow, insurance agent for the City, along with Ivan Poston, Finance Director of the City, presented the City Commission with a check in the amount of S23,479.27 which was a 25% dividend on earned premium for the period of 10-1- 86 to 10-1-87 for the Workers Compensation Premium. Mr. Enlow explained that the losses for the City were extremely low, thus the reason for the refund. PUBLIC HEARING - PROPOSAL FROM TELESAT CABLEVISION 7:4~ P.M. Dwight (Ike) Cool, special legal counsel for the City regarding Cable TV, explained the recommended procedures they were to follow for consideration of another Cable TV Franchise. He recommended the following order of events: Presentations by the applicants and others; Discussion by the Commission on each of the required criteria by Florida Law and separately on each of the criteria, including discussion on whether the Commissioners had been presented with sufficient evidence; Other discussion by the Commissioners; Motion to award a franchise, motion to deny a franchise, or other appropriate motion, if the Commissioners decide that sufficient evidence had not been presented to award or deny a franchise, the Commissioners could decide to require a study of some sort, and the hearing could be continued or delayed; If the Commissioners decide to award a franchise, the specific proposed Ordinance submitted by the applicant could then be considered. The items required by Florida Law in order to consider awarding or denying a franchise were as follows: The economic impact upon private property within the franchise area; the public need for such franchise, if any; The capacity of public rights-of-way to accommodate the cable system; The present and future use of the public rights-of-way to be used by the cable system; The potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public; The financial ability of the 1 . Page 2 City Commission Meeting May 17, 1988 franchise applicant to perform; Other societal interests as are generally considered in cable television franchising; and Such other additional matters, both procedural and substantive, as the City may, in its sole discretion, determine to be relevant. Tom Cloud, attorney with Gray, Harris and Robinson, representing Telesat Cablevision Company, stated that they would proceed with their presentation under Florida Statute 166.046. He introduced the following people that were there to help with the presentation: Cecil Taylor, Director of Marketing with Telesat, Roberta Gaffney of Telesat, Dr. Henry Fishkind, Economist, Ed Horne of Florida Power; and Tom Wilt and Paul Quinn from the office of Gray, Harris and Robinson. Mr. Cloud recapped the previous meeting they had with the Commission and explained that they had been presented copies of their presentation along with the pole attachment agreement. e Cecil Taylor made a presentation to the Commission regarding their rates and those of Cablevision Industries. He also showed a map which included the location of the various competing cable companies and indicated the close proximity of Telesat to the City of Ocoee. He explained that they were operating in Orange County and had been awarded franchisee in Brevard and Osceola Counties, as well as several other cities. Dr. Henry Fishkind spoke to the Commission regarding the economic impact. He explained that the impact on the private property would be that competition would bring lower prices. As far as the public need, there would be a significant savings per household and that competition would improve the quality of service. Telesat also had the financial ability since they were backed by Florida Power and Light Company. He explained that there had been some arguments raised that competition would run some of the companies out of business, but others were still in business and their revenues had increased. Cecil Taylor poles) but stated that director and right-of-way was competent stated that the bulk of the cable was aerial (on in the new subdivision it was underground. he had met with our engineer/public felt there was adequate space in the for the cable. He stated that he felt space on the poles for the cable. He works City there Ed Horne, Florida Power and Light - Lake Buena Vista Office, stated that he had no interest in the outcome of this ~ hearing, but was present at the request of Telesat to answer 2 . Page 3 City Commission Meeting May 17, 1988 any questions they might have regarding the poles. Mayor Ison asked ix he could address the availability ox the poles. Mr. Horne stated that 99% ox the poles were available and the others could be changed out to add the cable and that would be xunded by the cable company. Tom Cloud stated that he xelt they had made a suxxicient presentation and asked the Commission to consider approval of their request xor a xranchise within the City ox Ocoee and to approve the proposed ordinance that had been submitted for first reading. He asked for time xor a rebuttal. e David Testa, Vice President ox Cablevision Industries, asked to make a few comments for the record. He stated that he had no problems with the concept of another franchise and he was pro competition. He urged the Commission to proceed carefully under the State Law. He xelt that the dollars and the economic impact had not been addressed sufxiciently. Mayor Ison asked about the letters xrom his company that had been presented by Telesat regarding their rates. Mr. Testa stated that the competitive rates did not usually last once a company was established in the community. Mayor Ison asked him to make the point where the City would lose and he stated that the City wouldn.t lose. Mayor Ison also asked Mr. Testa if he was familiar with our present franchise with their company and he stated that he was not. Mayor Ison stated that we did not have this much debate with the present franchise and they needed to be cautious that everyone was treated in an equal manner. Mayor Ison asked for comments xrom the Commission and there were none at this time. He then asked for comments from the public. Mr. R. P. Mohnacky, 1820 Prairie Lake Blvd, asked if they had C Span, what their rates were and how old the company was. They stated that they did have the C-Span, their rates xor basic was $9.95 and their company was 7 years old. Mayor Ison asked Attorney Cool if they had proceeded correctly under State Statute and he responded that they had. Mayor Ison closed the public hearing and asked Attorney Cool what action the Commission could take. Attorney Cool stated that they could move to grant a non-exclusive franchise to Telesat subJect to all necessary requirements, could move to not grant the franchise or delay any other action if they xelt the presentation was not sufficient. Commissioner Johnson stated that he was in favor of another xranchise and moved to grant the non-exclusive franchise as Attorney Cool indicated subJect to review of the ordinance by our attorney and subJect to the same terms as the existing franchise with Cablevision Industries. The motion died for 4It lack of a second. 3 e e Page 4 City Commission Meeting May 17, 1988 Commissioner Bateman moved to postpone the application for the franchise until the Commission had time to absorb all of the data and financial information that had been presented to them tonight and set forth for a subsequent date when asked for by one of the Commissioners, and Commissioner Dabbs seconded. Commissioner Dabbs also expressed concern with having sufficient time to study the data. When questioned, Mayor Ison stated that the item could be placed on a subsequent agenda when requested by a Commissioner. The motion carried unanimously. PRESENTATIONS AND PROCLAMATIONS Reque.t for War Memorial, T. Sander. Mr. Sanders asked the Commission for assistance in planning for and the financing of a war memorial to honor all veterans that would be placed in the vicinity of the Withers/Maguire House. He presented a proposed sketch to Mayor Ison. The Commission asked City Manager Ryan to coordinate and organize the plans for the proposed memorial and perhaps get monies allocated in the budget for the coming year. Others Mayor Ison announced that Congressman Bill Nelson would be at West Orange High School on Friday, May 20, 1988 at 10:00 a.m. for a Town Hall Meeting. There also would be a meeting concerning the beltway on Tuesday, June 7, 1988 from 4:00 p.m. to 9:00 p.m. at West Orange High School. APPROVALS - CONSENT AGENDA Item III D was pulled from the agenda since changes had been made to the proposed ordinance and was not ready for first reading. Commissioner Bateman asked why there was no staff report on Item III C-6 and Planner Wagner explained that it was included in the staff report on Item III C-5. Commissioner Bateman questioned why the annexation fee for Item III C-10 had been waived and why the annexation fees for Items III C-9 and C-ll had been paid in January 1987 and not resubmitted for this round of annexations. City Manager Ryan stated, as he recalled, that it was part of the stipulation agreement. Commissioner Bateman stated that he did not think anyone should have the authority to waive the fees and felt that the fees should be paid. He asked that the following items be pulled from the agenda: Items III C - 9, 10, 11 and 12 (Item 12 had paid their fee but the annexation was contingent upon the other properties). Commissioner Dabbs moved to approve the following items on the Consent Agenda: Items III A. B, C 1-8 and 13, Commissioner Bateman seconded and the motion carried unanimously. The different options ~ were then discussed regarding the proposed annexation 4 . e e Peg. !J City Commission M..ting May 17, 1988 requests that had been withdrawn. City Manager Ryan asked that the City Attorney be given time to review the Stipulation Agreement with Prima Vista Utilities in order to determine if the fees had been a part of the agreement. It was suggested that the proposed ordinances be approved subJect to the attorney's review and/or the fee being paid, or a special meeting be held for those ordinances. Commissioner Dabbs stated that he did not recall that issue being a part of the stipulation agreement. Attorney Rosenthal suggested that a Special Meeting might be the better alternative. A Special Session was called for Thursday, May 19, 1988 at 7:30 p.m. for Case Numbers 10A-88, llA-88, l2A-88 and 13A-88 <Items III C - 9, 10, 11, & 12 on the agenda). This would still allow time for the necessary advertising that was needed prior to the Public Hearings and Second Readings. Commissioner Bateman moved to pull Items III C 9,10,11,and 12 from the Consent Agenda, Commissioner Dabbs seconded and the motion carried unanimously. The items pulled from the agenda were as follows: Item III C 9 - Case No. 10A-88, Lake Lotta, Ltd.; C 10 - Case No. 11A-BB, Jeffrey Yeager, Trustee; C 11 - Case No. 12A-B8, Davis, Olgivie, Pitchford; C 12 - Case No. 13A-BB, Reformed Presbyterian Church and Item III D - Proposed Ord., Transportation Impact Fee, First Reading. The first reading for the proposed ordinance for the transportation impact fee would be placed on the June 7, 1988 Meeting Agenda. The items approved on the Consent Agenda were as follows: Item III A - Regular Commission Meeting Minutes of 5-03-88; Item III B - Workshop Commission Meeting Minutes of 4-19-88; Item III C - Proposed Annexation Ordinances First Reading: C 1 - Case No. 03A-88, Moremen, Sheppard, Murry & Davis, C 2 - Case No. 04A-88, E. H. Crow, Jr. and Ann B. Crow, C 3 - Case No. 05A-88, C. Roger Freeman, Trustee, C 4 - Case No. 06A-88, C. Roger Freeman, C 5 - Case No. 07A-88, <Parcell) Phoenix Development Group, C 6 - Case No. 07A-88, <Parcel 2) Phoenix Development Group, C 7 - Case No. 08A-88, G. Steve Stanley, and C 8 - Case No. 09A-88, Geraldine Scott. Planner Wagner read the proposed ordinances by title only and pointed them out on the map. He explained that Case 07A-88 would be held in abeyance until the rezoning. NOTE - CHANGE OF ORDER OF AGENDA Requ.st for Street Name Chang- (Broadway) - K. LeutJen Commissioner Bateman explained the background for this request. The original plat showed the Street to be Broadaway, but the street sign for, at least, the last 15 years had been Broadway. All of the residents on Broadway, with the exception of one due to the home being vacant, had signed the petition requesting the name remain "Broadway". Attorney Woodeon stated that a Resolution would have to be 5 . e . Page G City Commission Meeting May 17, 1988 passed in order to change the originally platted name. He would work on drafting the resolution. Commissioner Bateman moved that the street be named Broadway Drive subJect to the passage of the resolution, Commissioner Johnson seconded and the motion carried unanimously. OLD BUSINESS Special Staff Reports - City Engineer Approval of Change Order for Star Contractors - D. Finch City Engineer Finch explained that additional sodding, pipe extensions and fence were the reason for the change order of S8,118.00 for Star Contractors (Lake Moxie Drainage ProJect) and he recommended approval of the change order. Commissioner Dabbs moved to approve the Change Order for Star Contractors in the amount of S8,l18.00, Commissioner Hager seconded and the motion carried unanimously. There was some discussion on the policy in the future regarding the change orders and the margin for error. Master Water Study - T. Kelley Consulting Engineer Kelley presented a brief overview of the proposed water study. He explained that the estimated cost for all improvements at the existing water plants plus an additibnal plant to be built south of the City along Highway 50 would cost approximately S8 million dollars. Mayor Ison asked that the S750 tap fee that the City charges be studied for possible increases. Engineer Kelley stated that that had already been done as he had reviewed the numbers and doubted that they would be changed. He reported that they had had a meeting with developers to discuss their water needs. Mayor Ison asked that this be agended for a workshop at the June 7, 1988 Meeting. Kissimee Avenue Water Plant Alternate Sites - T. Kelley Engineer Kelley stated that he would defer this item to the City Attorney's report. Cost Estimate for Alternatives to South Central Drainage System (Stucki> - T. Kelley and Attorney P. Rosenthal Engineer Kelley stated that the attorney may want to comment and stated that the cost of the proposed sites may be increased due to legal fees since Mr. Stucki had filed a claim against the City. Attorney Rosenthal cautioned the Commission not to take any action but to Just receive the reports until they had reviewed the suit and alternatives. They had been asked to look at alternatives to using the old railroad right-of-way and felt it would be more cost effective to use the railroad right-of-way north of Geneva as they figured there was a difference of S180,OOO in favor of 6 e e Pege 7 City Commission Meeting May 17, 1988 using the railroad right-of-way. He explained that there were several alternatives south of Geneva; using exit pond and crOBB railroad along lot line and vacant lot toward Bluford, using pipe without acquiring the Stucki property and acquire the right-of-way Bouth of Geneva. Mr. Kelley Btated that it waB still more cost effective using the railroad right-of-way. Mayor Ison asked that Mr. Kelley come up with a bottom line 0% the drainage that was needed and what wae needed to handle that amount 0% drainage. Attorney Rosenthal stated that they might have to have a special meeting. There was discussion on placing this on a workshop agenda on June 7, 1988. Attorney Rosenthal was to advise the Commission on what wae needed. Report on Continuing ProJects - T. Kelley Engineer Kelly had presented the Commission with a report which outlined the status 0% the various proJects. City Planner - R. Wagner Report on Continuing ProJects Planner Wagner explained that the Postal Service Project had been turned over to Janet Resnik, Administrative Assistant to the City Manager and she had been working with Linda Rivera, the Assistant Planner. Mayor lson asked that someone attend the Bill Nelson Town Hall Meeting and address our concerns with having Ocoee Postal Delivery within the Joint Planning Area. SECOND READINGS AND PUBLIC HEARINGS Ordinance 88-06. Sanders Rezoning - R. Wegner Planner Wagner read the proposed ordinance by title only and pointed the property out on the map. He explained they had requested a rezoning change from R-1 to C-3 and it was consistent with zoning in the area as it was adjacent to their existing business. Mayor Ison opened the Public Hearing and there being no comments closed the hearing. Commissioner Bateman moved to approve Ordinance 88-06, Sanders Rezoning, Commissioner Dabbs seconded and upon a roll call vote, the motion carried unanimously. Ordinence 88-07, Crewford Rezoning - R. Wagner Planner Wanger read the proposed ordinance by title only and pointed the property out on the map. He explained they had requested a rezoning change from R-1 to C-3 and it was consistent with the zoning in the area as it was adjacent to their existing business. Mayor Ison opened the Public Hearing and there being no comments closed the hearing. Commissioner Dabbs moved to approve Ordinance 88-07, Craw%ord ~ Rezoning, Commissioner Johnson seconded and upon a roll call 7 e e . Page 8 City Commission Meeting May 17, 1988 vote, the motion carried unanimously. Ordinance 88-08, Planned Unit Development Planner Wagner read the proposed ordinance by title only. Mayor Ison opened the Public Hearing and there being no comments, closed the hearing. Commissioner Bateman moved to approve Ordinance 88-08, Planned Unit Development, Commissioner Hager seconded and upon a roll call vote, the motion carried unanimously. RECESS: 10:10 P.M. CALL TO ORDER: 10:35 P.M. Other Busineas Orange County Request For Central Wastewater Service Capacity City Manager Ryan City Manager Ryan stated that they had a copy of his Staff Report dated March 31, 1988 regarding the request by Orange County for Wastewater Capacity for 400 equivalent residential units (ERU's) for the Belmere ProJect located south of the City on Maguire Road. Orange County Commissioner Vera Carter had called City Manager Ryan and asked for their consideration for this proJect. She was expressly concerned with the environmental impact if that development used septic tanks. The City and the County would work out a reciprocal agreement for sewer service. City Manager Ryan explained that staff recommended approval of the request. Commissioner Bateman moved that the proposal be approved and Commissioner Hager seconded. Commissioner Bateman stated that he wanted to make one quick point. He felt that we had to take a look at the whole picture as we also were going to need capacity north of the city and that all of the cities in West Orange would need to be involved, as far as wastewater capacity was concerned, and hoped that Ocoee would move in that direction. Commissioners Dabbs and Johnson stated that they both opposed the motion as they felt the needs of the City of Ocoee should be the first priority. They both stated they were in favor of reciprocal agreements and applauded the efforts of working with the county, but felt this was untimely. Commissioner Hager stated that he was in favor and felt it was a good chance to show good faith to Orange County. Mayor Ison stated that he felt the city had to be envisionary and, although some felt the timing might not be right. he felt this would be a milestone for the City of Ocoee. Mayor Ison called for the question on the motion and the vote was as follows: Commissioner Johnson - No, Commissioner Dabbs - No, Commissioner Bateman - Yes, Commissioner Hager - Yes: there being a tie vote, Mayor Ison voted Yes and the motion carried 3 to 2. City Manager Ryan explained that they had approved 8 . Page 9 City Commission Meeting May 17, 1988 the concept with the agreement and it would be brought back to them for ratification. COMMENTS FROM CITIZENS - None NEW BUSINESS Request Approval for use of Community Center for Twice per Month - Parents Without Partners - L. Folkes Lou Folkes, representing Parents Without Partners, asked permission from the Commission to use the Community Center two times per month instead of the rule that now allowed an individual or group to use the Community Center only one time per month. Mayor Ison stated that he had a problem with the request and wanted to make sure that those citizens that live outside the City were being charged the non-resident rate. The Commissioners also expressed the same feelings and were not in favor of approving this request. e Request for Street Name Change (Broadway)- K. Leut]en Attorney Rosenthal read proposed resolution 88-10, title as follows: A Resolution of the City of Ocoee, Florida changing the name of Broadaway Drive to Broadway Drive and Providing for an effective date. Commissioner Bateman moved to approve Resolution 88-10, Commissioner Johnson seconded and the motion carried unanimously. Commissioner Dabbs stated that he was not totally comfortable in doing away with the Broadaway name. Commissioner Bateman stated that we could get another street named after Mr. Broadaway by talking to some of the developers. Request for Street Name Change (Cumberland Ave.> - V. Snider City Manager Ryan explained that there had been an error on the plat when Hidden Oaks Subdivision had been platted and Drive had been put on the plat for those lots along Cumberland in the Hidden Oaks Subdivision instead of Avenue. A resolution was needed in order to change the plat. Attorney Rosenthal read proposed Resolution #88-11 by title only as follows: A Resolution of the City of Ocoee, Florida changing the name of Cumberland Drive to Cumberland Avenue in the Hidden Oaks Subdvision and providing for an effective date. Commissioner Dabbs moved to approve Resolution 88-11, Commissioner Johnson seconded and the motion carried unanimously. Approval for Dispoaal of Surplus Property Police Dept. Chief Boyd Chief Boyd had recommended disposing of and then use the monies received from the additional firearms for the department. moved to approve the sale of the sub- e In a Staff Report, the Sub-Machine Gun sale to purchase Commissioner Dabbs 9 . Peg- 10 City Commission Meeting Mey 17, 1988 machine gun, Commissioner Bateman seconded and the motion carried unanimously. Approvel for Renewel of Mutuel Aid Contrect with the city of Winter Gerden - Chief Boyd Chief Boyd requested approval of the renewal of the Mutual Aid Agreement with the City of Winter Garden. Commissioner Dabbs asked if this was a new agreement. Attorney Rosenthal stated that it was a new draft of the agreement. He also recommended a Resolution be passed that authorized the Mayor and Chief of Police to sign the agreement. Chief Boyd stated that Chief Yawn of the Winter Garden Police Department had not had a chance to review the documents. Commissioner Bateman moved to approve the Resolution and agreement subJect to approval by the City of Winter Garden, Commissioner Johnson seconded and the motion carried unanimously. Mayor Ison read Resolution 88-13 by title only. REPORTS AND INFORMATION - CITY MANAGER e Direction Regerding City Attorney Position City Manager Ryan explained that we had advertised the city attorney position per their request, we had received the responses back and now wanted direction on how we could assist them. Mayor Ison explained the procedure that was used in selecting the City Manager and suggested they use the same process. They would select several prospects and then set up interviews. A Workshop was scheduled for June 4, 1988 at 4:00 p.m. with a Special Session to follow at 5:00 p.m. in case they wanted to take any formal action. Follow-up Agende City Manager Ryan stated that Florida Community Services was scheduled on the June 7, 1988 workshop and regular agenda and the other two items, Telesat and Orange County Request for Wastewater Capacity, had been completed. City Manager Ryan stated that since the Bowness Road proJect was moving along, he would like to request that the Commission consider hiring a proJect coordinator/inspector. He stated he would like to use Ray Brenner or someone like him. Attorney Rosenthal, Consulting Engineer Kelley, and City Engineer Finch concurred with Mr. Ryan and asked the Commission to consider the position. Mayor Ison asked for a cost from Mr. Kelley for this position and asked if the cost was included in his estimates. Mr. Kelley stated it would cost approximately $21,600 figuring 8 hours a day for 150 days. This cost had not been included in his estimates because he had been told the city was hiring an engineer. Commissioner Dabbs expressed his concern with this not being 4It included and finding out at this late date. Mayor Ison 10 . e . Page 11 City Commission Meeting May 17, 1988 stated that we would rely on our City Engineer for the time being and if we found that we needed an extra person, we would deal with it at that time. CITY ATTORNEY Status Report of Appraisals for Kissimmee Water Plant Site Attorney Rosenthal reported that 4 alternative sites had been identified for the expansion of the Kissimmee Avenue Water Plant and that he had been working with the City Manager to develop a procedure which would make the appraisal selection process more competitive. He stated that he had met with five appraisers and they had given him a list of things that they needed. He requested that the City Commission ratify and approve the action of the Interim City Attorney in soliciting proposals for appraisal service in connection with the Kissimmee Avenue Water Plant Expansion Site and the procedure utilized in connection therewith. Commissioner Dabbs moved to approve the request as outlined, Commissioner Johnson seconded and the motion carried unanimously. Attorney Rosenthal stated that it would be brought back to them either on the June 7 or June 21, 1988 Agenda. Approval of Contract For Sale Re Tiger Paw and Resolution Re Eminent Domain Proceedings Tiger Paw Attorney Rosenthal explained that the representatives of Tiger Paw had made a proposal to the City of Ocoee to sell the needed right-of-way as follows: The purchase price was S112,700.00, the City would reimburse Tiger Paw for legal and engineering fees up to a maximum of S10,OOO.00, the City would be responsible for all closing costs associated with the acquisition, the City attorney would be responsible for providing any title opinions and/or title policies required by the City and the acquisition of the property by the City would be under threat of condemnation. Attorney Rosenthal recommended that the City accept the proposal by Tiger Paw, Inc. to sell the Bowness Road right-of-way owned by them to the City for a purchase price of S112,700 and authorize the City Attorney to prepare a Purchase Agreement, approve the Resolution authorizing the acquisition, by eminent domain, of the subJect property for road construction purposes and authorizing the execution thereof by the Mayor and City Clerk. Commissioner Dabbs moved to approve the recommendation as outlined by the City Attorney and to approve Resolution 88-09, Commissioner Johnson seconded and the motion carried unanimously. Notice of Claim and Inverse Condemnation Suit (Stucki) Attorney Rosenthal stated that on the Notice of Claim filed by Stucki, the City had 6 months to review and determine an appropriate response. He suggested they direct the City 11 . Peg- 12 City Commission Meeting Mey 17, 1988 Attorney to investigate the claim with City Staff and report back in 3 months. Commissioner Bateman moved to approve the recommendation by the City Attorney, Commissioner Hager seconded and the motion carried unanimously. Regarding the Inverse Condemnation Suit Attorney Rosenthal stated that he had met Berg and discussed several possibilities need to request a special meeting if they receive an extension on the suit. He informed. filed by Stucki, with Mr. van den and that he might were not able to would keep them Ocoe. versua Pylone; Authoriey to Dismiss Suit Attorney Rosenthal asked for permission to dismiss the suit after the time for the appeal had passed. He stated that the inJunction placed by the court prohibiting Mr. Pylant from using the barn was still in effect, but since the barn had been destroyed by fire, the City's lawsuit against Mr. Pylant was probably moot. Commissioner Hager moved to give the attorney permission to dismiss the suit as outlined, Commissioner Johnson seconded and the motion carried unanimously. . Approvel of the Stipulation of Partie. Agreement with CSX RR for the Bowne.. Road ProJect - R. Brenner Attorney Rosenthal requested that the City Commission approve the Stipulation Agreement with CSX RR as set forth in order to expedite the railroad crossing for the Bowness Road proJect. Commissioner Bateman moved to approve the Stipulation of Parties Agreement as presented, Commissioner Dabbs seconded and the motion carried unanimously. Attorney Rosenthal reported that he had been reviewing 5 development agreements along with the annexations they would be discussing and he also would get a copy of a standard development agreement to them for their review. Commissioner Dabbs questioned why they were being reviewed and City Manager Ryan stated that he had Just received the copies today. The Commission requested they review the standard development agreement prior to reviewing the other development agreements. Report on Continuing ProJects Attorney Rosenthal went over the list of proJects and gave a status report on each item. The Performance Review Contract for the City Manager was discussed and a meeting was scheduled for Saturday, May 21. 1988 at 1:00 p.m. in order to meet with the City Manager and review goals management. The procedures that the City were using regarding annexations were being done correctly. Attorney Woodson stated that he 4It had spoken with the water management district and discussed 12 . P.g. 13 City COMMission M.eting ....y 17, 1988 an interlocal agreement with them along with changing or modifying our ordinances to ensure stricter requirements for lake quality. He stated that he would bring a proposed agreement with the water Management district to the special meeting on Saturday for their review. Mayor Ison asked that a schedule of the special meetings and workshops that had been called be provided to the Commission. COMMENTS FROM COMMISSIONERS Commission.r H.g.r asked that the cemetery be checked in order to keep the children from playing there. Commissioner S.tem.n asked that scheduled so they could discuss the Commission said that could be part Saturday when they had scheduled the Ci ty Manager. one more workshop state of the City. of the discussion special meeting with be The .::.n the Commission.r D.bbs had YIO comMents. - Commission.r Johnson explained that the Cemetery Board had met and asked that the moratorium on the selling of the lots be lifted. They had discovered land and could add approximately 100 to 150 lots. He asked that City Staff check into the ditch by the cemetery. The Commission agreed to lift the moratorium on selling cemetery lots. He also asked that Community Resource Officers be utilized to help with the traffic flow along Kissimmee at McKey and Story. M.yor Ison expressed his regret with the resignation of Russ Wagner, Planning Director. He stated that he had been top quality as well as a real asset to the City and that the City would miss him. Mr. Wagner thanked the Commission and stated that it had been a real learning experience for him. The meeting adJourned at 12:50 a. m. . :L () , --~-- --~-~-- MAYOR ATTEST: . CITY CLERK 13