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HomeMy WebLinkAbout07-05-88 MINUTES OF THE CITY COMMISSION MEETING HELD JULY ~, 1988 - The Meeting was called to order by Mayor Ison at 7:44 p.m. and Comaissioner Dabbs led in prayer and pledge to the %lag. PRESENT: Mayor Ison, Commissioners Johnson, Dabbs, Bateman and Hager, Attorneys Rosenthal and Woodson, Consulting Engineer Kelley, City Manager Ryan, City Engineer Finch, Assistant Planner Myers and City Clerk Catron. ABSENT: None PRESENTATIONS AND PROCLAMATIONS The Charter Revision Committee Meeting Minutes 0% June 2, 16 and 23, 1988 were subMitted %or their in%ormation. Tom Locker, Orange County Comptroller, addressed the Co..ission and stated that he, or his o%%ice, would be willing to help them in any way that they could. He explained that he was the Treasurer, Clerk 0% the Board and the Internal Auditor %or Orange County. APPROVALS - CONSENT AGENDA e Item Band Itea D were requested to be pulled %rom the Consent Agenda. Coaaissioner Bateman aoved to approve Items A, C, E, F, and G on the Consent Agenda, Commissioner Johnson seconded and the Motion carried unaniaously. Commissioner Dabbs questioned Item D - Approval 0% Wastewater Master Plan Summary. He stated that i% this was %or planning purposes, it was all right, but i% not, then he had a problem. City Manager Ryan stated that the %igures in the report were %or planning purposes only. Attorney Rosenthal stated that there was no problem since the record would re%lect that the report was %or planning purposes only. Commissioner Dabbs moved to approve Item D, Com.issioner Bateman seconded and the motion carried unanimously. Items approved on the Consent Agenda were as %ollows: A - Regular Coaaission Meeting Minutes 0% June 21, 1988, C - Approval 0% Water System Master Plan, D - Approval 0% Wastewater Master Plan Summary, E - Approval %or Mayor and City Clerk to execute Sign Easement - Maguire Road Corporation, F - Approval 0% Bowness Road Maintenance Plat - D. Finch, G - Approval 0% Appraisal Services %or Bowness Road. OLD BUSINESS e Cablevia10n Coaplainea Ray Wood, 1504 Ison Lane, Ocoee, spoke to the Commission regarding some problems that he and others were having with the current Cable TV Company. He asked the Commission to reconsider the request %ro. Telesat Cablevision to be granted a %ranchise %or the City. Commissioner Bateman explained 1 . Pog_ 2 City COMMiaaion Meeting July S, 1988 that, even if they looked at another franchise, it would be approximately 24 months before the service would be available. Mayor Ison explained that the matter had been tabled until brought back by one of the COMmissioners. Commissioner Johnson stated that he felt we needed another cable company. Terry SetJe, 1615 Ison Lane, Ocoee, also asked the Commission to put the request by Telesat back on the agenda. Mayor Ison explained that State Law spelled out what had to be done and asked City Manager Ryan to check with Ike Cool, the City's attorney for Cable TV, in regards to what needed to be done. Com.issioner Bateman moved to remove the request by Telesat fro. the table and place on the earliest agenda that was legally possible, Commissioner Johnson seconded and the ~otion carried unanimously. PUBLIC HEARINGS AND SECOND READINGS e Ordinance 88-21, InteriM Tranaportation IMpact Fe. Mayor Ison asked if the ordinance before them addressed what they had discussed. City Manager Ryan stated that they had two alternatives<fee schedules) before them, one at 52% and one at 100~. Commissioner Dabbs asked if that was the only item changed from the previous ordinance they were given. Attorney Woodson explained that Section 5 on page 3 had been changed as was recommended at the First Reading of the ordinance and the ordinance would need to be amended. Commissioner Dabbs moved to approve the Second Reading of Ordinance 88-21, Commissioner Hager seconded and the ~otion carried unanimously. Mayor Ison then opened the Public Hearing. Cheryl Lynch, 544 Mayo Ave., Maitland, representing the Homebuilders Association (HBA), expressed her concern with the 100~ fee and asked them to consider the lower 52% fee. R. P. Mohnacky, 1820 Prairie Lake Blvd., Ocoee, questioned what other funding sources that Orlando and Orange County had that Ocoee currently did not have. Mayor Ison explained that the counties could get some funding that cities couldn't and that the cities were creative enough to get the funding that they could. There were no other comments so the Public Hearing was closed. Commissioner Dabbs expressed his support of leaving the impact fee schedule as adopted on First Reading (100%) since the excess in fees would be refunded if the fee was proven to be too high but if the fee was too low, they would not be able to go back and collect the fees. Commissioner Bateman moved to approve the Interim Transportation Impact Fee Ordinance 88-21 as amended for Section 5, page 3, as shown on the document in the packet and the amended fee schedule to show the alternative fee schedule of 52 %, Exhibit A, and Commissioner Hager seconded. Commissioner Bateman stated that he agreed that a Transportation Impact Fee needed to be in place thus the reason he emphasized the "Interim" and hoped, as was e 2 e Pege 3 City Coaaiaaion Meeting July S. 1988 discussed previously, that fee would be determined by the end of 1988. Mayor Ison expreased his support of the Impact Fee and the motion on the floor. City Manager Ryan referred them to a chart that he had given theft regarding propoaed transportation impact fees based on selected existing businesses at the 52~ and 100~ fee. He stated that the problem was on what the impact would be and they could not determine the level of improvements. Call for the question on the motion to amend - upon a roll call vote the motion carried 3 to 2 with the vote as follows: Johnson - No, Dabbs - No, Bateman - Yes, Hager - yes, and Mayor Ison voted yes to break the tie. Commissioner Hager moved to approve a~ended Ordinance 88-21, Commissioner Bateman seconded and upon a roll call vote, the Motion carried 3 to 2 with the vote as follows: Johnson - No, Dabbs - No, Bateman - Yes, Hager - Yes, and Mayor Ison voted Yes to break the tie. SPECIAL STAFF REPORTS City Engineer - Denni. Finch e Change Order for Maguire Road/SO Utility Relocation City Engineer Finch referred the Commission to the Staff Report that had been included in their packet regarding this item. He explained that the Florida Department of Transportation (DOT) had scheduled i~provements to the Maguire Road/Highway 50 intersection with work to begin around July 15, 1988. This work necessitated the relocation of an existing 8" water main on the west side of Maguire Road south of State Road 50. Engineer Finch suggested the City also take advantage of the opportunity to get the sewer service out of what would be new pavement and save costs down the road. Because of the time factor involved, an estimate of the cost for the proposed utility relocation had been requested. Mr. Finch stated that Staff recommended the City Manager be authorized to pick the lowest quote not to exceed 935,000.00. The funds were available in the water main and sewer funds. Commissioner Dabbs asked how long we had known about this proJect and asked that they get to a point where they don't "get caught" like this. Mayor ISOl'l asl<:ed that Staff put on the follow up agenda the intersections of Bluford/Silver Star and Apopka-Ocoee Road/Silver Star since we knew those would be coming up for utility relocations. Com.issioner Dabbs moved to approve the recommendation by staff and requested that the actual agreement come back to them for ratification, Commissioner Hager seconded and the motion carried unanimously with three votes (Commissioner Johnson had left the room). e Suaaery of Continuing ProJect. - City Engineer 3 e Pege 4 City Co..iaaion Keeting July S. 1988 e City Engineer Finch stated that the largest proJect was Bowness Road. He stated that in reviewing the improvements for Bowness Road, they had discovered that the retention area planned for the portion of Bowness Road north of the railroad tracks was designed to be constructed in an unimproved and unopened right-af-way platted as Oakland Avenue. It was decided, after consultation with the City Attorney, that a right-of-way cc)uld not be utilized totally for a retention area since this would block the potential access of adJoning property owners. To address this problem, Mr. Finch asked the Commission to approve the following course of action: to obtain a preliminary opinion of the value of the affected parcel from the appraisal firm of Pinel & Carpenter, use the value to approach the property owner with an offer to purchase the necessary interest in the land and if a mutually acceptable figure cannot be successfully negotiated within a short period of time then obtain a full survey and appraisal for the purpose of initiating condemnation proceedings. Mayor Ison asked for an estimated cost and Attorney Rosenthal stated that it was premature at this time to have any figures. Commissioner Hager moved to approve the request by Engineer Finch as outlined in his memo dated July 5, 1988, Commissioner Dabbs seconded and the motion carried unanimously. Consulting Engineer Kelley stated that now they had started the preconstruction process for Bowness Road, they would be looking at the rest of the corridor - Kissimmee and a portion of Mr. Smith's property (1100~). They had met with appropriate agencies and determined the rehabilitation needed in the future. He stated that it was impossible to look at costs at this time but it would not cost as much to add now. If they decided to do so, then 30 to 150 days would need to be added to the process. Mr. Kelley said he had discussed this with City Staff and felt it was worthy of their consideration. Commissioner Dabbs questioned why this was being brought up now and not included previously. Mr. Kelley stated that this had been discussed conceptually but there had been no authorization for this scope of work. Mayor Ison stated that we were going to have to get to the bottom line of this Job. As an addendum to the proJect, Commissioner Bateman moved for the approval of requesting bids on the basis of the request of City Manager, City Engineer and Consulting Engineer Kelley, Com~issioner Dabbs seconded and the motion carried unanimously. Water Superintendent - John Cockrell e Statu. Report on the Fore.t Oak. Water Well John Cockrell, Water Superintendent, explained that the testing of the pumping rate of the well had been completed 4 . Pege 5 City COMMiaaion Meeting July 5, 1988 e and referred them to the Staff Report dated 6-30-88. Staff recommended that the COMmission approve the following action: that the City of Ocoee provide formal notice to the Developer, the surety for the bond, the well's design engineer, the City's consulting engineer that provided services to the City for this particular proJect, and the contractor that this well is defective and that a demand be made, prior to the 8-5-88 expiration date of the bond, on all of these parties for actions necessary to correct these defects and that the developer be allowed to undertake the restorative effort recommended by Hr. Sims entirely at the Developer's cost, with stipulations that the City approve the work, that the work be done within a certain time frame and that such approval would not preJudice the City's recovery rights under the terms of the bond and the Developer's Agreement. City Manager Ryan stated that staff felt the developer should be allowed to attempt the fix and that the bonding agency should be put on notice. Commissioner Dabbs asked if we would be compromised if we put them on notice. Attorney Woodson stated that he did not hold out a lot of hope for the bonding company since it was a maintenance bond and not a construction bond. Commissioner Dabbs moved to approve the recommendation as presented in the Staff Report dated June 30, 1988, Commissioner Johnson seconded and the motion carried unanimously. City Plenner - Holly Myera, Aaaiatent Plenner SUMMery of Continuing ProJ.ct. Holly Myers stated that Hr. Julian, DeRae Builders, was out of town and the proJect was ongoing. Letters were included in their packet regarding the request for postal delivery changes within the Joint Planning Area. The Postmaster for the Orlando Postal Service has written that they were unable to honor our request since there were obJections from some of the property owners in the affected area. RECESS: 9:10 p.m. CALL TO ORDER: 9:15 p.m. COMMENTS FROM CITIZENS/PUBLIC e Darrell Clay, 101 W. Bay St., Ocoee - representing Sauer Septic Tank, asked the Com.ission why they had to upgrade existing facilities when trying to build on the same property. City Manager Ryan explained that Mr. Sauer had applied for a building permit in order to remove one structure and rebuild another one of similar size and got caught in the new review and planning process. Current planning staff felt the whole site had to be addressed. Mr. Clay stated that this had not been made clear to him by 5 e Pege 6 City Co..i..ion Keeting July ~. 1988 previous planning staff. Mr. Ryan stated that staff could not make the determination at what time the actual review process would occur. Mayor Ison stated that they had already dealt with two other siMilar situations and they could not grandfather those in. Commissioner Dabbs stated that he understood Mr. Clay's position and had mixed feelings. Attorney Rosenthal suggested that the Commission give them an opportunity to look at the facts and the code in order to make an interpretation and to determine if they could handle administratively or bring back to the Commission. Mayor Ison asked if the current staff was familiar with the City Code and Mr. Ryan stated that they were. Commissioner Dabbs stated that was the reason he wanted the City Manager to attend the DevelopMent Review Committee Meetings. The Commission agreed to let the City Attorney review the matter. R. P. Kohnacky, 1820 Prairie Lake Blvd., Ocoee, asked the Commission how wastewater rates were established, what the proposed taxing districts were for and why there was no access from the roadways to sidewalks. e Cathie Pollack, 613 Spring Lake Circle, Ocoee, asked for sidewalks in her area and asked that the trucks from Plantation Sysco be allowed to go in the gate and not have to wait outside. Buddy Elmore, Supervisor of the Street Dept., was to prepare a list of the proposed sidewalks to be constructed. REPORTS AND INFORKATION - CITY KANAGER e Approvel of Agr....nt with Orang. County R.garding Wa.tewater City Manager Ryan referred the Commission to the proposed Letter Agreement in their packets. He explained that the City Attorney had recommended several changes and pointed out those changes. Those changes were as follows: Section 1- the volume is 120,000; Section 3 - In the heading it should say Wastewater Revenue ~nd Connection Fees and in line 3 delete "pursuant to Ordinance"; Section 4 - On line 4 delete ..to be determined by the City along Maguire Road" and insert "Except as otherwise required by the Sewer Territorial Contract.., the County...... and Section 6 - on line 4 delete "by Ordinance" and insert "by the City from time to time". From a legal standpoint, with those recommended changes, the City Attorney said that the agreement was all right. COMmissioner Dabbs stated that he was opposed to the agreement. Commissioner Bateman moved to approve the agreement as modified, Commissioner Hager seconded and the motion carried 3 to 2 with the vote as follows: Johnson No, Dabbs - No, Bateman - Yes, Hager - Ves and Mayor Ison voted Ves to break the tie. 6 . Page 7 City Co..iaaion Meeting July ~, 1988 CITY ATTORNEY Su..ary of Continuing ProJecta Attorney Rosenthal reported that they had closed on the acquisition of the Tiger Paw and Ludwig/Mossey properties. He recommended that the first 4 items on this report be deleted as they had been completed. He then gave a brief summary of the remaining proJects and explained they were being worked on. He had been asked about a possible conflict with the West Orange Girls's Club since Commissioner Bateman was president of the organization and he would get back to them with an answer. COM"ENTS FROM THE COMMISSIONERS e COMMiaaioner Dabba expressed his appreciation of support even though he had disagreed with the decision on Montgomery Road. He also asked that the evaluation of the City Manager be moved along. Commissioner Bateman asked to have a chance to look at the forms first. It was to be put on the 7-19-88 agenda under Old Business for discussion. Commissioner Dabbs also asked about the City Attorney position and if all the indivdual meetings had been held. The meetings had been held and the matter would be placed on the agenda of the 7- 19-88 Meeting. The problem with the Harper property on Ocoee Hills Road was being handled and the process was moving along. Commissioner Dabbs said he had promised the Ocoee Historic Commission that he would recruit capable people to sit in the dunk tank and for pie throwing for an upcoming function. Co..i.aioner Johnaon reported that the Ocoee had played in the District and placed second. go on to play in the All Star games. Baseball Team They would now Co..i.aioner Hager had no comments. e Co..ia.ioner Bate.an reported that he had Just accomplished seven months at the West Orange Girls Club and hoped that a decision would be made on the future of the club. He saw two alternatives - either get the City of Ocoee out of the operation or enforce the provisions of the By-Laws and turn the operation over to the City of Ocoee. He asked the Commission for their input and opinions regarding the City assuming operation and ownership of the club. Commissioner Dabbs stated that he would agree with Commissioner Bateman that it would be an asset to the community if the legal aspects could be worked out. He aaked Recreation Director, Jim Beech, how many additional employees would be needed and Mr. Beech stated that at least one full time person would be necessary. Mayor lson and Commissioner Hager spoke in favor 7 . Page 8 City Coaaiaaion M..ting July S. 1988 of the City taking over the property and operation of the club. Mayor Iaon reported that the Orlando Chamber of Commerce Reception was to be held 7-20-88; the Florida League of Cities Convention was to be begin on October 13, 1988 and would be held at the Hyatt at 1-4 and 192; he had been invited to participate in the 5K run at the City of Winter Garden and "he finished"; and asked the City's cooperation with the efforts of Supervisor o~ Elections Betty Carter to get everyone registered to vote during the aonth of July. City Manager Ryan stated that there would be budget workshops held in August and September. The Meeting adJourned at 10:20 p.m.. _~2__L_-__-- MAYOR ATTEST: e CITY CLERK e 8