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HomeMy WebLinkAbout06-07-88 - MINUTES OF THE CITY COMMISSION MEETING HELD JUNE 07, 1988 The meeting was called to order at 7:30 p.m. who led in prayer and pledge to the flag. by Mayor I SC'l"1 PRESENT. Mayor Ison, COMmissioners Johnson, Dabbs, Bateman and Hager, Attorneys Rosenthal and Woodson, Consulting Engineers Kelley and Merkel, City Manager Ryan, City Engineer Finch, and City Clerk Catron. ABSENT: None PRESENTATIONS AND PROCLAMATIONS The minutes of the Charter Revision Committee Meetings of 5- 12-88 and 5-26-88 were presented for their information. e Bruce Beatty, Chairman of the Charter Revision Committee, presented a brief overview of the progress the committee had made. He asked to schedule a workshop with the City Commission sometime in July. He explained the ballot schedule and stated that they were trying to complete the revision in time for the November 1988 ballot. They also want to schedule public hearings. The COMmission scheduled workshops for the Charter Revision Committee beginning at 6:30 p.m. prior to their July 5th and 19th meetings. Mr. Beatty complimented the attorneys for the tremendous help they were giving to the committee and asked the Commission to approve the interiM attorney as the attorney for the committee. Commissioner Bateman moved to continue the firm of Foley, Lardner, van den Berg, Gay, Burke, Wilson & Arkin as the attorney for the Charter Revisiol"1 Commi ttee through the year 1988, Commissioner Hager seconded and the motion carried unanimously. The City Commission thanked the Charter Revision Committee for their efforts and explained that they had deliberately not attended their meetings so it would not appear that they were interfering with the committee. Commissioners Bateman and Dabbs expressed concern with the target of the November ballot because of the "heavy ballc.tt ". ComMissioner Bateman said he saw no reason the City could not hold a special election for the Charter revisions. Chairman Beatty said they would see how they progressed. APPROVALS CONSENT AGENDA -- Attorney Woodson asked that Item III J be pulled frOM the Consent Agenda. Commissioner Bateman moved to approve Items III A through I on the Consent Agenda, Commissioner Johnson seconded and the motion carried unanimously. The items approved were as follows: A - Regular COMmission Meeting Minutes of 5-17-88; B - Workshop Commission Meeting Minutes of 5-17-88; C - Special Session Commission Meeting Minutes of 1 e Page 2 City ComMi..ion Meeting June 07, 1988 5-19-88; D - Special Session Commission Meeting Minutes of 5- 21-S8; E - Workshop Commission Meeting Minutes of 5-21-88; F - Reappointment of F. Carlsson to Code Enforcement Board for a .three year term (to June 1991); G - Request Approval for Change Order *3, Lake Moxie Drainage Improvements, D. Finch; H - Request Approval to Hire Two Assistants for Summer Recreation Program, J. Beech; and I - Approval of Signal Maintenance Agreement with Orange County. e Ite. III J - Proposed Ordinance Interim Transportation Impact Fee - First Reading Attorney Woodson explained that this was to be the first reading for the proposed ordinance and the only change was the addition of the review fee for appeals on page 4. He stated that they had asked about speeding up the process and he had spoken with Bob Campbell, of P.E.C.. Mr. Campbell would present some of the results of the study to them in August, they would begin prioritizing improvements, etc. in October or November to adopt the study and then adopt the final ordinance in December. He stated that at Saturday's meeting they had discussed bonding of road impact fees and that was not a very predictable source of income and not done very often. Since the monies had to be spent in the area collected, the quadrant approach had been approved in the courts. He explained that the most controversial element of the proposed ordinance was the level of the fee set at 100~. He reported that a study had Just been completed on the Orange County Impact Fee and he was concerned because the study was highly critical of the Orange County methodology. The study was done by Foxworth, Swift & Associates for the Homebuilders Association (HBA). He further stated that he was still comfortable with the Orange County approach and they had the rest of the year to study the figures and if the figures did not substantiate the 100~ fee, then the monies could be returned at the end of the year. He asked if thet~e were any questions. Mayor Ison noted on page 3 that the DRC did not give approval without Commission approval. Attorney Rosenthal stated they could make a motion with an addendum if they chose to approve on first reading. There were several typos corrected and there were no other changes made to the ordinance. Mayor Ison opened the floor for comments from the public. e Cheryl Lynch, Director of Governmental Affairs for HBA, stated that the HBA of Mid-Florida agreed with all of the proposed ordinance with the exception of the level of the fee. She said it was the highest in Central Florida and gave a presentation on what that level of fee would do to the individual home buyer. They estimated it would cost the consumer approximately an additional $22.83 per month for a total of $8,218.00 over a period of 30 years. The HBA asked 2 e Page 3 City Commission Meeting June 07, 1988 the Commission to wait for their study or adopt a much more reasonable fee in the interim. She stated that affordable housing was a maJor issue and if a builder or developer felt it was not economically feasible then they would not build in Ocoee. Miranda Fitzgerald, representing ZOM Properties and Lake Bennett Ltd., wanted to go on record for her clients asking them to not adopt the 100~ fee, but go with the 52~ fee or wait until the study was completed. She also asked that the typos on page 8 and page 4 be corrected. Mayor Ison placed the proposed ordinance back on the table for Commission action. Commissioner Bateman moved to approve the Proposed Ordinance, Interim Transportation Impact Fee, First Reading as revised tonight, Commissioner Dabbs seconded and upon a roll call vote with all Commissioners voting in the affirmative the motion carried unanimously. City Clerk Catron read the proposed ordinance by title only. The Second Reading and Public Hearing will be held on 7-5-88. OLD BUSINESS PUBLIC HEARINGS REZONINGS e Petition of DeRae Builders to Rezone to pun Engineer Finch pointed the property out on the map and explained that Alton Julian had petitioned for rezoning to PUD for Lots 1 -14 in his subdivision Harbour Highlands II located south of White Road. He wanted to be able to replat his subdivison to permit individually owned parcels for each side of a duplex structure since the present zoning only permitted two attached dwelling units on one lot under a single ownership. Mr. Finch reported that the Planning & Zoning Board had reJected his proposal by a 5 to 2 vote. City Manager Ryan stated that staff had a concern with the PUD zoning and if the Commission wished to consider it then both sides should be considered simultaneously. Mr. Julian explained that he had only petitioned for those lots acting on the advice of the City Planner who told him not to petition for the other lots since they had already been built. Bill Breeze, an adJoining land owner, stated that he was in favor of Mr. Julian's petition and would like to see the units sold in order to get away from renting. Mr. Breeze also stated that Mr. Julian could have gone to a larger density under his zoning but used his Judgment in going with the duplexes. Bruce Beatty, Board of AdJustment, explained that the board had supported granting Mr. Julian a Variance some time ago in order that he might sell the indivdual units. Mayot~ Ison asked Attorney Rosenthal what procedure needed to be followed. Attorney Rosenthal asked if proper . 3 . Page 4 City Commission Meeting June 07, 1988 notification and advertising had been done and City Clerk Catron stated that it had. Commissioner Bateman stated that Mr. Julian was one of the better builders in the City of Ocoee but he had a problem with the request as it involved Lots 15 through 20 if they approved the request for the change on Lots 8 to 14. He felt those property owners should sign a Hold Harmless and wanted the staff and City Attorney to review the situation. Commissioner Dabbs stated that he also had a problem because of the precedent they would be setting and wondered if the Board of AdJustment Variance might be the win/win situation. Mayor Ison asked what type of action they wanted to take. Commissioner Bateman moved to table until the legal matters raised by Commissioner Dabbs and himself concerning the owners of those 6 lots could be handled and set the hearing for a date certain of July 5, 1988 to be brought back on the agenda, Commissioner Johnson seconded and the motion carried unanimously. PUBLIC HEARINGS PRELIMINARY SUBDIVISION PLANS e Olympia Cove PUD This property was located south of Silver Star Rd. on Lake Olympia. Mayor Ison explained that, for purposes of discussion with the developer and the pUblic, this was only preliminary approval and the final approval was still to be presented to the board. Mayor Ison opened the PubJic Hearing. e Miranda Fitzgerald, representing Hawthorne Properties, Ltd., presented a brief overview of the history of the proposed plan to this point. A Preliminary Master Plan had been approved by the City Commission on 12-15-87 with PUD Zoning, this included 200 multifamily (100 zero lot line 60 x 110> and 100 single family (75 x 110>, subject to the Montgomery Road issue being decided. On January 19, 1988, the Commission, by consensus, approved including the extension of Montgomery Road as part of the PUD. After this, Pulte HOMe Corp. entered the picture and proposed to develop the property. Pulte wanted to delete the extension of Montgomery Road from the PUD and was presenting an alternative to the Hawthorne Plan. There was the approved Hawthorne Plan with single family and multifamily or the Pulte Plan with single family and the request to delete the requirement for Montgomery road. Tom Trainer, Bowyer-Singleton & Associates, explained the Pulte Plan to the Commission. He stated there were 175 single family lots (75 x110) proposed with homes in the price range of $100,000.00 or over with a 1400 square foot mirdmum. Attorney Rosenthal stated that procedurally he was not clear on where they stood since he had not reviewed 4 . Page 5 City Commission Meeting June 07, 1988 all of the previous minutes. Mayor Ison stated that PUD Zoning had been approved and they were of the understanding that the preliminary site plan approval was being asked for tonight. Mr. Charles Hawthorne questioned the City's procedural policy and not being told he was doing anything wrong. Commissioner Dabbs expressed his concern with the legal aspect of the two alternatives. Jim Swickerath, Chairman of the Planning & Zoning Board, stated that conceptual plans only had been approved by the Planning & Zoning Board and they also recommended that Montgomery Road stay in the plans. Ms. Fitzgerald read from the minutes of the 12-15-87 and 1-19-88 Meeting and asked which plan the City wanted. Attorney Rosenthal recoMmended the Commission defer action to the next meeting so they could study the matter. Mayot~ Ison asked if any citizens were present to speak on the matter. e Bruce Beatty, 311 Hormigas, supplied copies of the minutes of the meetings, both City Commission and DRC, to Attorney Rosenthal. He stated that he was opposed to the Montgomery Road extension because of the impact on White Road, the impact on the school zone and traffic hazards for homeowners, the impact on the fragile wetlands around the road and he felt Ocoee r.eeded more "quality" development. R. P. Mohnacky, 1820 Prairie Lake Blvd., Leann Lowry, W. Harbour Court, Tom West, White Road, Stanley Hoskins, 819 E. Harbour Court, Sherry Wolski, 607 E. Lakshore Dr., Bill Barrett, Buford Blizzard, Lakeshore Dr., and Glen Gettings, Starke Lake Studios, all spoke in favor of the Pulte plan and against the extension of Montgomery Road through the proJect. Jim Swickerath, Ridgefield Avenue, stated that he also wanted to protect the lakes and when Planning & Zoning voted to keep Montgomery Road, they did so to solve traffic woes and he still felt Montgomery Road was needed. Mr. Hawthorne stated that he would like to defend their coming tonight. He said he had been to everyone personally and they had discussed the possibility of Clark Road being able to handle the traffic and asked the Commission to vote on the Montgomery Road iSsue tonight. Attorney Rosenthal asked for a 5 minute recess so they could talk to the parties involved. RECESS: 10 : 00 CALL TO ORDER: p. m. 10: 19 p. ro. e Attorney Rosenthal explained that the Preliminary Master Plan had been approved on 12-15-87 subJect to the Montgomery Road issue being resolved - one of the conditions of approval listed in the DRC comments of 10-29-87 was (e) - that the City should have the option whether or not Montgomery Road would be extended subJect to the transportation plan. On 5 . Page 6 City Commission Meeting June 07, 1988 January 19, 1988, they had attempted to resolve the issue by approving the recommendation of Engineer Kelley but they did not vote or take any final action on the matter. He stated that they could act on the Montgomery Road issue separate from the Preliminary Master Plan or they could defer to a later date. He recommended that they not take any action on the drawing that had been submitted by Pulte. Commissioner Bateman stated that he shared the concern that it not be a collector street and felt it should be cul-de- saced, but felt the 60 ft. right-of-way should be maintained throughout the wetlands. He stated that more people had talked to him regarding this piece of property than any other item and he also had a problem with being given alternatives by this builder. Ms. Fitzgerald stated that they would have a problem with the 60 ft. right-of-way as they would not want to face homes on that wide of a roadway. Commissioner Bateman stated that he wanted right-of-way to the lake. Mr. Hawthorne and Ms. Fitzgerald stated that they did not have a problem with granting the right-of-way for the lake but did not want to include enough so that a connector road could be placed through. e Commissioner Johnson moved to table any action on Olympia Cove PUD until June 21, 1988 Meeting, Commissioner Bateman seconded. City Manager Ryan asked for direction from the Commission. Three items were to be considered: Montgomery road, Olympia Cove PUD (Hawthorne> and Pulte Home Plan. Commissioner Dabbs stated that at this time he was not willing to give up the right-of-way. Call for the question, the motion carried unanimously. Sawmill Engineer Finch presented an overview of this proJect and stated that it was located on Hackney-Prairie Rd. approximately 2000 ft. west of Apopka-Vineland Road. He explained that it contained 410 single family dwelling units, would be served by City water and would have septic tanks. They already had a Development Agreement that addressed various issues relating to the proposed development including the cost-sharing arrangement for the construction of Hackney- Prairie Road. They were also governed by terms and conditions of the Stipulation and Settlement Agreement between Orange County and Ocoee. He suggested they discuss the items the developer did not agree with. e John Webb, Webb & Associates, asked for discussion regarding the oversizing of the waterline and the improvements to Hackney-Prairie Road. He said that the improvements recommended by staff were more stringent than the Development Agreement. 6 . Page 7 City Commission Meeting June 07, 1988 e Mayor Ison asked if the neighbors had been given a copy of the plans to review because they previously had been told they would have access to the plans. City Manager Ryan reported that the President of Clarcona Homeowner's Association had a copy of the plans and had discussed them with City Staff, but he was not aware if any of the other property owners had seen the plans. He stated that the plans conformed to the stipulation agreement and to the concerns of most all of the adJacent landowners to the best of his knowledge. Mayor Ison expressed his concern with the list of 45 items and asked Engineer Finch what items were in dispute with the developer. Mr. Webb stated that the plan had been changed twice due to recommended changes by staff and they were trying to work with staff. Their concerns were the oversizing and Hackney-Prairie Road improvements. City Manager Ryan stated that Orange County did not want Hackney- Prairie paved and questioned how the developer could conform to the City's recommendations if they could not get Orange County to cooperate. Mayor Ison stated that he was not comfortable with making any decisions tonight until the adJacent landowners had a set of plans and could get back to staff. Mayor Ison asked what kind of visibility he would see at the intersection on Apopka-Vineland Road at the curve. Sands Lassiter, Traffic Engineer, stated that they had gone with strict requirements based on the characteristics of the road. Orange County had required one street light but would not allow them to light the subdivision sign. Mayor Ison wanted to ensure that the proposed turn lanes were large enough. Gary Russell explained that they also would not allow them to put sidewalks on the north side of Apopka- Vineland when asked by Mayor Ison about the sidewalks. Mayor Ison asked them to pursue extra lighting. e Dennis Phipps, P. O. Box 560, Clarcona, asked to speak to the Commission regarding his concerns with the proposed development. He asked the developer what plans went to Orange County for the right-of-way utilization permit and said he understood that Ocoee had no control over this matter. Mr. Phipps addressed the following items of concern: Apopka-Vineland Road Improvements (Sidewalks, Turnlanes and Right-of-Way Utilization Permit> - these had been addressed by Mayor Ison. Lot 364 - Mr. Phipps stated that it was an encroachment on the protected area within the settlement agreement. Lot 230 - Mr. Phipps questioned the 50 ft. right- of-way since that lot had been eliminated. He stated that all streets to the east had 60 ft. right-of-ways. City Manager Ryan stated that the former planner proposed the t~ight-of-way in order to connect the two developments. Mr. Phipps stated if that was the case, then all right-of-way should be 60 feet. Lot 185 - Mr. Phipps questioned the 25 7 e Page 8 City Commission Meeting June 07, 1988 e ft. setback and it was explained that was access to Mr. Kelley's property. Lots 17 & 18 - Mr. Phipps questioned the proposed road and water line extension to the north. City Manager Ryan stated that the City had no intention of going any further as it was a future water line for Orange County and they could possibly cul-de-sac the road. Lots per phase - Mr. Phipps stated that the lots per phase did not add up to the total lots mentioned and the developer stated that they were aware of the discrepancy, it was Just an error of addition, and there were 409 lots. General Note #5 Homeowners vs. Ocoee responsibility - Mr. Phipps was concerned with the retention ponds and who would be responsible. Mayor Ison asked that all future developments had a taxing district set up for maintaining retention ponds and taking care of stormwater drainage. Another concern was that the plan revisions had not been marked. Legal Descriptions - Mr. Phipps said that there were inconsistencies in the legal descriptions. He was assured those inconsistencies would be corrected. Fencing - 6 ft. Stockade fence was shown on the plans and previous discussion on the fencing had been for fences, walls or landscape buffering of some type. City Manager Ryan recalled that none of the property owners had agreed on the type of fencing or screening. Mayor Ison stated that it was the responsibility of the developer to get with the property owners in order to get a consensus on the type of screening that was preferred. Mr. Phipps mentioned the item 6 in the General Notes and reminded the developer and Commission that, according to the stipulation agreement, the property across the railroad tracks was to remain in its natural state. Mrs. Jonas asked if Orange County would see the updated plans for the right-of-way utilization permit and the developer responded that they would. Mr. Jonas asked that the speed limit on Apopka-Vineland also be taken into consideration. The Developer asked the Commission to reconsider delaying the vote and that they would have supplied the plans to the adJacent property owners if they had known. Commissionet~ Bateman stated that his concerns in addition to the access to Apopka-Vineland were Tract B & C and the access to the park lands. Commissioner Dabbs asked if anyone ahd anything more substantial to change than had been recommended and there was no response. e COMmissioner Dabbs moved Subdivision Plan for Sawmill revisions and concerns made Report dated 6-3-88 from to approve the Preliminary Subdivision subJect to the noted tonight, subJect to the Staff Dennis Finch, City Engineer, 8 e Page 9 City Commission Meeting June 07, 1988 seconded by Commissioner Bateman and approved unanimously. e Lake Olympia Estates Engineer Finch stated that this property was located south of Silver Star Road approximately 1,350 feet west of the proposed Clark Road. The subdivision would consist of 72 Single-family residential lots with central water and sewer systems connected to the City of Ocoee. Mr. Finch explained that there were two main issues: storm water drainage and the drainage easement to convey runoff from Clark Road to Lake Olympia. The developer had problems with items 2, 4 & 10 on the Staff Report. Engineer Finch asked the Commission to make a correction on Item 14 of the Staff Report - instead of "grade" it should read "grourld water table". Orle elf the problems was whether the lake was landlocked or not. A report had been done by Mike Sims, and Jammal & Associates regarding this issue and there was some information supporting a connection to the underground water system. Mr. Firlch stated that, in light of that irlfot~mation, staff recommended the more conservative approach of the 25 year 24 hour storm event be required for the development instead of the St. Johns Water Management District requirements. Commissioner Bateman questioned the reports and felt more stringent criteria should be utilized. In reponse to Mayor Ison's question regarding the retention areas, Engineer Finch stated that they were all above the flood plain as presently designed. The consensus of the Commission, with the exception of Mayor Ison and Commissioner Bateman who wanted to require the 100 year storm event, was to require the 25 year - 24 hour storm event. e Dave Outlaw, developer for this proJect, asked the Commissiorl to consider an alternative to the fencing requirement for retention ponds. He wanted more aesthetic instead of the chain link fencing. The Commission questioned the liability involved and Mayor Ison stated that the requirement as outlined in the subdivision ordinance would have to be complied with or changed. The Commissioners wanted to comply with the current subdivion ordinance which required the fencing but were willing to look at different alternatives. Mayor Ison asked staff to look at the requirement for fencing retention ponds in the subdivision ordinance and consider modifying it to allow for different methods to handle the retention ponds. Commissioner Johnson questioned item #5 which stated that if the 12" line was riot ready by the time the developer needed water, the subdivision would be connected to the Jamela plant. Since we were having problems with this plant, he asked if there was a problem with running the water line down Johio Shores Road and City Manager Ryan stated that there was not a problem with doing that. Mayor 9 e Page 10 City Commission Meeting June 07, 1988 Ison stated that he supported Commissioner Johnson on this matter and asked the Commissioners for their input. The general consensus of the COMmission was to not allow the developer to connect to the Jamela Plant. There was a disagreement on the placement of the drainage easement and Mayor Ison asked staff to work out the problem with the developer. COMmissioner Johnson Moved to approve the Preliminary Subdivision Plan for Lake Olympia Estates subJect to the items in the Staff Report dated June 3, 1988 as revised this evening, Commissioner Dabbs seconded and the motion carried unanimously. OTHER BUSINESS e Discussion/Rction Regarding Florida Community Services Proposal J. Tanck The proposal by Florida Community Services for a Central Water and Wastewater System for the Muncipal Service Area I~f the City of Ocoee had been presented at the Workshop prior to this meeting. The ComMission asked Mr. Tanck, President of Florida Community Services, to fine tune his proposal, get the information needed from City Staff and come back with proposal. Mr. Tanck asked for approval of the concept and they would come back with a proposal within 30 days. Commissioner Hager Moved to approve the concept of the proposal with Florida Community Services and for staff to work with them on getting the information they needed, Commissioner Dabbs seconded and the Motion carried unanimously. . Proposal for Engineering Services Bowness Road Improvements 12 Inch Sanitary Force Main - D. Finch Arthur R. Austin, Manager Environmental Department of P.E.C., had submitted a written proposal to the Commission for the design of a 12-inch Sanitary Force Main within the limits of work for the improvements to Bowness Road. The force main would be constructed in the westerly right-of-way of Bowness Road between Enterprise and Franklin. They proposed to provide these services for a lump SUM of $3,500.00 or if they were unable to include the work in the addendum for Bowness Road improvements then the cost would be $5,000.00. Mayor Ison asked if we should do an RFP for this scope of work and City Manager Ryan and Engineer Finch explained that P.E.C. had already done the work for the Bowness Road ProJect and it would be more cost effective for them to do the work. Mr. Finch stated that bids were supposed to be taken on the Bowness Road proJect on June 14, 1988 but they were backing it up 30 days until the acquisition of the right-of-way was confirmed. Commissioner Bateman moved to approve the proposal for engineering services for the 12-inch sanitary force main as submitted by P.E.C. for $3,500.00, 10 . Page 11 City Commission Meeting Jurle 07, 1988 Cc.mm i ss i c.r,er lJnarl imousl y. Hager secc.nded and the mot i C'Y"I cat~t~ied Special Staff Reports - City Engin.er - D. Finch Summary of Continuing ProJects Bowness Road ProJect was to be bid within 30 days. South Central Drainage ProJect had been discussed on June 4, 1988 at the Special Session and Workshop. As had been requested, a cost estimate for another alternative (#5> had been prepared for their review. Alternative 5 consisted of a storm sewer system within the railroad right-of-way north of Geneva and a detention pond and piped outfall within the railroad right-of-way south of Geneva at an approximate cost of $1,535,050.60. There was discussion on using impact fees as a funding source and the lawsuit by Mr. Stucki. Attorney Rosenthal cautioned the Commission to use the quadrant method when determining the use for the impact fees. Engineer Finch asked for direction from the Commission, conceptually, on the alternative they wanted to use regarding the South Central Drainage System. Commissioner Bateman moved to conceptually approve alternative #5, Commissioner Dabbs seconded and the motion carried unanimously. e Forest Oaks Water Well tests had been received and a report would be presented at the next meeting. Special Staff Reports - City Planner Summary of Continuing ProJects - Nothing to report at this time. COMMENTS FROM CITIZENS - None NEW BUSINESS e Request for Discussion and Clarification of Building Regulations - Deacon Jones Mr. Jones asked the Commission to clarify a section in the City of Ocoee Code that required a developer to submit a site plan and comply with the drainage requirements. He owned three lots, buildings were on the two outside lots and the middle lot had been paved. He had submitted site plans previously and they had been approved or stamped on the back by the clerk as approved. He did not do anything for a few months and when he came back in to apply for a building permit, he was told that he had to comply with the code and provide for retention/detention on his property. City Manager Ryan stated that part of the question was whether it wc.uld be cc,nsidered "grandfathered" since it was only paved. 11 e Page 12 City Commission Meeting June 07, 1988 City Staff's position was that it was not grandfathered and Mr. Jones would have to provide for drainage on his property. City Manager Ryan stated that there would be no increase to the imperviness to the area, but read strictly, the ordinance would not permit the building. Commissioner Dabbs stated that if there were approved plans, the City had some complicity in the matter. Attorney Rosenthal said if the permit had not been issued, then they could not go against the code. Commissioner Bateman said he did not see the Commission taking any action except to support the staff's position. Mr. Jones asked for the copy of his site plan and the Commission explained that they would have to remain part of the files of the City, but he could be provided with a copy. Mayor Ison stated that we had caught the issue in time arid we r,eeded to "fix it" arid if Mr. Jones had a legal problem, then he could pursue it. REPORTS AND INFORMATION - CITY MANAGER Discussion/Direction City Manager Ryan t c'l'"1i ght. Regarding expl ai r.ed Employees Disability that this was not Po li cy topical e Direction Regarding an Assistant City Manager Position As directed at their meeting of May 21, 1988, this item was placed on the agenda for their direction. City Manager Ryan had submitted copies of the Job descriptions for a City Manager, Assistant City Manager and Administrative Assistant to the City Manager for their review. He recommended a pay grade of 38 or 41, preferably grade 41 which had a pay range of $30,696 to $37,300. Commissioner Johnson questioned the salary range. Mayor Ison asked what the market was and Mr. Ryan stated that the salary was in range of a Building Official, Finance Director, etc. and was in the market. The COMmission asked Mr. Ryan to advertise the position with "salat~y negc.tiable" arid see what kind of t~esponse he received. Attorney Rosenthal stated that they might want to finalize the Job description. The Commission suggested combining the Job descriptions of the City Manager and Assistant City Manager to come up with a complete Job description. City Manager stated that the hiring of an Assistant City Manager would mean doing away with the Administrative Assistant to the City Manager position as he understood it. This meant the realignment of personnel and he would take care of it. Commissioner Bateman stated that he did not understand the last comment. Attorney Rosenthal reported that he had discussed the matter with the City Manager and had advised that in doing away with the position, you would normally move the person back to the original positic.rl arid "bump" the probatic.rlary employee. Engineer e 12 . Page 13 City Commission Meeting June 07, 1988 Finch asked the Commission's consideration on keeping the receptionist currently holding that position as he would need staff support. The Commission asked them to submit the request during the budget process. City Manager Ryan said that they had sufficient direction and there would be no displacement of staff until the budgetary process was done. CITY ATTORNEY Wastewater Capacity Reservation Sale Attorney Rosenthal asked the CommiSSion, in light of their proposal from Florida Community Services, if they wanted them to continue to pursue the wastewater capacity reservation sale. He was concerned with the amount of dollars being spent on the matter and then if they decided to go with a pt"'ivate firm it cc.I..lld be mc,ney "dowrl the tubes". The Commission agreed that they would need the information either way and asked them to pursue the matter. e Report on Review of Annexation Ordinances As requested last month, Attorney Woodson had reviewed the proposed annexation ordinances and approved the following ordinances for second reading: Moremen/Sheppard/Murray/Davis (Case 03A-88), E. H. Crow, Jr. and Ann B. Crow (Case 04A-88 > , C. Roger Freeman, Trustee (Case 05A-88> , C. Roger Freeman (Case 06A-88), G. Steve Stanley (Case 08A-88), Geraldine L. Scott <Case 09A-88>, Lake Lotta LTD (as amended) (Case 10A-88), Jeffrey Yeager, Trustee (as amended0 (Case 11A-88) and City of Ocoee Road right-of-way <Case 14A-88). The following ordinances approved for first reading were recommended for approval with the following amendments: W. C. Davis, R.V. Oglivie and James Pitchford (Case 12A-88) Section 7 should be deleted and the following new Section added "Section 7 - This ordinance shall not become effective until the adoption by the City of Ordinance 88-17, Case l1A- 88 annexing property to the north so that this parcel is contiguous to the City boundary. II Reformed Presbyterian Church (Case 13A-88) should delete existing section 7 and amend as fc.llows: "Sectic.rl 7 - This ordirlarlce shall rIot become effective until the adoption by the City of Ordinance 88-15, Case 10A-88 annexing property to the south so that this parcel is cc.r,tiguc,us to the City bOllndary. ". PhoeY'ti)( Development Group, Parcels 1 and 2 (Case 07A-88) should have a separate petition for parcel 2 and that the ordinance for parcel 2 be amended to delete section 7 and add the fc.llowirlg: "Section 7 - This Ordinarlce shall rIot becc,me effective until the adoption by the city of an amendment to the City of Ocoee Comprehensive Plan modifying the Joint plar,rliY'lg area boundary line with Orange County. ". . 13 e Page 14 City Commission Meeting June 07, 1988 Discussion/Approval of Standard Development Agreement Attorney Woodson stated that they had received a copy of the proposed standard develoment agreement and asked for the concurrence that it covered the necessary points. Mayor Ison asked that a provision be added to cover taxing districts for drainage, etc. and there were no other comments for changes clr add i t i ClrlS. Direction Regarding South Central Drainag. Basin Attorney Rosenthal stated that this matter had been handled. Requ.st Authorization of Selected Contractor for Lease/Purchase of Sanitation Trucks and Authorization for the Mayor and City Clerk to Sign the Contract Attorney Rosenthal explained that he had been asked for a legal opinion regarding the lease/purchase contract for the sarlitat iOYI trucks. In reviewing the memorandum from staff, the Commission had only approved the bidding process and now they needed to approve the Contractor and authorize the Mayor and City Clerk to sign the contract. Commissioner Dabbs moved to approve the selected contractor, authorize proceeding with the lease/purchase and authorize the Mayor and City Clerk to execute the documents, Commissioner Johnson seconded and the motion carried unanimously. e Resolution 88-12, Designating a L..../Purch... Agreement as a Qualifi.d Tax Ex.mpt Obligation Attorney Rosenthal explained that the Lease/Purchase Agreement required the adoption of a resolution designating the agreement as a qualified tax exempt obligation. Commissioner Bateman moved to approve Resolution 88-12, Designating a Lease/Purchase Agreement as a Qualified Tax Exempt Obligation, COMmissioner Hager seconded and the motiorl carried unanimously. Attorney Rosenthal read the proposed_ resolution by title only. At t ot"'ney remai r.i rig hout~. Rosenthal said he would defer discussion continuing projects due to the lateness OYI of the the COMMENTS FROM COMMISSIONERS Commissioner Dabbs reported that he was working on the evaluation form for the City Manager. . Commissioner Johnson asked the ComMission to consider passing a resolution that would allow the City to get rid of two structures that needed to be destroyed. The properties were located at 613 Melva and 131 N. Cumberland. City Manager Ryan stated that the Code Enforcement Board had tried to get the people to comply with no success. According to 14 . Page 15 City Commission Meeting June 07, 1988 Clut~ code, it wCluld take a "Reseolutiorl clf Nuisarlce" iYI clt~det~ for us to proceed. Commissioner Johnson distributed pictures of the two residences for the Commission to review. Commisioner Johnson moved to approve the proposed Resolution of Nuisance 88-13, Commissioner Bateman seconded and the motion carried unanimously. Commissioner Hager had no comments. Commissioner Bateman had no comments. Mayor Ison reported that he had received a letter citizen regarding Cable TV and he would have distributed to them. from a copies The meeting adJourned at 2: 40 ad.,.. I () () (J __~Lf::-__~___ MAYOR ISON ATTEST: It CITY CLERK . 15