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HomeMy WebLinkAbout09-06-88 AGENDA 9-20-88 ITEM III A . MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 6, 1988 CALL TO ORDER: Mayor Ison called the meeting to order 7:30 p.m. Commissioner Hager led in prayer and Mayor led in the pledge of allegiance to the flag. at Ison PRESENT: Mayor Ison, Commissioners Johnson, Dabbs, Bateman, and Hager, City Attorney Rosenthal, Assistant City Attorney Woodson, City Manager Ryan, Assistant City Manager Finch, Associate Planner Myers, City Clerk Grafton, and Deputy Clerk Resnik. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Charter Reviaion COMmitte. Minute. of 8-11, 8-18, and 8-22 Mayor Ison said there were three sets of Charter Revision Committee meeting minutes presented for informational purposes for the City Commission. The Mayor told the Commissioners that Charter Revision Committee Chairman Bruce Beatty would address the Commission later on in the meeting for the first readings of the Charter ordinances. - Mayor Ison also said even though public comments were usually only taken at second readings when public hearings were held, they would take comments from citizens during the first readings since the topics had generated ~uch public interest. Mark Blinderman, Sy.co Food. and Ted Ryan - Holiday Donation Mayor Ison said this presentation would be postponed until a future Commission meeting when Mr. Blinderman would be able to attend. APPROVALS - CONSENT AGENDA Items A, B, C, E, F, and G were pulled from the agenda until the next meeting. Item H was pulled for discussion. Commissioner Dabbs moved to approve the remaining items on the Consent Agenda, Items D and I, and Commissioner Hager seconded. Commissioner Bateman asked whether the Wayne Atwood Rezoning Petition should read 85 feet rather than 80 feet. Mr. Atwood agreed that 85 feet was the correct distance. The vote to approve the motion carried unanimously. . Item H, the first reading of the proposed Sewer-Water Capacity Ordinance had been pulled for discussion. Assistant City Attorney Woodson said he had arranged a meeting for the following day, Wednesday, September 7, for interested parties to discuss the ordinance and have any questions answered. Commissioner Dabbs said he had several concerns and wanted to let Mr. Woodson know what he thought was all right to negotiate and what he did not want negotiated. Commissioner 1 e Page 2 City Commission Meeting September 6, 1988 Dabbs said he would agree to allowing a seven-year connection reservation but that the City should not guarantee a buy back. There was also a suggestion to add a section to address intergovernmental relations. Mr. Woodson said he had noted the comments and would make appropriate changes. He also reviewed some changes that he had made in the ordinance. Mr. Woodson said he would add the section on intergovernmental relations on page eight o~ the ordinance. On page 17, he said he would delete part o~ Section 22-112 that was repeated again in Section 22.113 and there~ore not necessary. Mr. Woodson said there were two references to certificate of occupancy, one in Section 22.113 and the other in Section 22.117, which should have been changed to re~lect the decision to change that to building permit. Mr. Woodson said he would take care of those two changes in time for the second reading. He said he would mail a revised copy to the Commissioners early next week. - City Manager Ryan asked about the sewer permit application addressed on page 17 o~ the ordinance. He said some flexibility concerning the issue o~ capital charges or letters of credit had been suggested. Mayor Ison asked Assistant City Attorney Woodson how other governments handled this. Mr. Woodson said some governments required 100% cash money and others allowed letters o~ credit or payment plans. Mayor Ison asked Mr. Woodson to find out what requirements Orange County and Orlando have and report back to the Commission when he mails the information to them. Commissioner Dabbs moved to approve the Sewer-Water Capacity Ordinance with the amendments for ~irst reading, Commissioner Johnson seconded, and approval was unanimous. City Manager Ryan read the ordinance by title only. OLD BUSINESS - OTHER BUSINESS Charter Revision Board Report - Chairman Bruce Beatty Ordinance 88-27, Firat Reading Charter Revision Committee Chairman Bruce Beatty said the Committee held two public hearings, on August 22 and August 30, and had received several public comments. Chairman Beatty said there was a suggestion to have the City Manager do the State o~ the City Address rather than the Mayor. A~ter consideration by the Charter Committee, Chairman Beatty said the decision was made to continue to have the Mayor present the Address. 2 e Page 3 City Commission Meeting September 6, 1988 Chairman Beatty said it was also suggested to make a separate item on the ballot for the issue of the Mayor having a vote. He said the Committee decided to keep this within the context of the revised Charter that would be voted on in its entirety. He said the decision was based on the fact that they felt it was a duty and an important responsibility of the office and not a privilege. There was also discussion on public notice of meetings and agendas. Chairman Beatty said the Charter Committee felt the issue of public notice was adequately stated in the Charter and wanted to stress the importance of such notice. e In the area of agendas, Chairman Beatty referred to Article III, Section 5, where the Committee had made some changes. The Committee wanted to stress the importance of making the agenda available to the public at least 24 hours prior to the meeting, unless an emergency takes place in which case waiting 24 hours would be detrimental to the state of the City and then only 12 hours need be given. Chairman Beatty asked Attorney Rosenthal if he would formulate appropriate language for such special meetings. It was agreed that this language would be done in time for the second reading. Chairman Beatty said the question had been raised about what would happen in the event that no one qualified to be a candidate for a particular seat. He said the Charter declared a seat "vacant" (Article VII) in the event no candidate qualified for the office of Mayor or a specific seat on the City Commission. Chairman Beatty then said that Article III, Section 9, dealt with the filling of such vacancies outlining specific procedures. The process of recall was also discussed in relation to either elections at large or single-member districts. Chairman Beatty said that 10% of the voters were needed to initiate a recall. If elections were held with single-member districts, then 10% of the voters in that district would be needed to initiate a recall. If elections in the City remain at large (or with the Mayoral election), 10% of the voters in the City at large would be necessary. Chairman Beatty said the base Charter would need to be voted on favorably by the electorate in order for any of the separate amendment items on the ballot to have any affect. - Commissioner Dabbs questioned Chairman Beatty as to the 24 hour notice for Special Meetings. He wanted to know what the intent was. Chairman Beatty said the Committee's intent was 3 e Page 4 City Commission Meeting September 6, 1988 for the City to provide the public with an agenda so that people may know in advance what would be discussed. Only in the event of an emergency would the Commission discuss items not on the agenda. Mayor Ison said this was important so as not to violate State laws. City Manager Ryan said that the intent was probably more to satisfy the public "spirit" in the event someone was interested in whether or not something was to be discussed at a particular meeting. He said agendas are posted at City Hall and that the public could also call City Hall to get this information over the telephone. City Manager Ryan said the City followed State law otherwise. Chairman Beatty said personally there had been a few occasions where things were discussed at Commission meetings that were not on a particular agenda and that he would have attended these meetings had he known they would be discussed. He said it did not happen often but that the intent was to make every attempt to keep to the matters listed on the agenda. e Commissioner Dabbs wanted to clarify the composition of the Personnel Board referred to in Article V, Section 6. He said the Charter stated the Board would consist of five members with the breakdown of at least one City employee, one City Commissioner, one management-level City employee and one citizen. Commissioner Dabbs said he was making the clarification that the fifth person could be anyone of the above. Chairman Beatty said that was correct. Commissioner Bateman wanted to clarify what "emergency" for a special meeting that would hours notice rather than the usual 24 hours. that these emergency cases be spelled out in that there would not be any question. Rosenthal was directed to incorporate this that particular section. constituted an only require 12 He suggested the Charter so City Attorney when rewriting Commissioner Johnson moved to amendments for first reading, and approval was unanimous. ordinance by title only. approve Ordinance 88-27 with Com~issioner Bateman seconded, City Manager Ryan read the e Ordinance 88-28, Firat Reading Chairman Beatty explained that this issue of single-member districts would be listed as a separate item on the November ballot. He said concern had been expressed at one of the public hearings about the district boundaries. Chairman Beatty said this could not be addressed at this time because the districts would be drawn from information from the 1990 4 e Page 5 City Commission Meeting September 6, 1988 census. Chairman Beatty said i~ the base Charter and this amendment were voted upon %8vorebly, e District Commission would need to be %ormed. e Mayor Ison asked i~ there were any public comments. Ben Gri%~in, 12 E. McKey St., Ocoee, said he was interested in %inding out what the ~eelings 0% the present Commission were toward single-member districts. The Commissioners all said they were in %avor 0% the districts. Mr. Gri~fin said he was against the single-member districts because it cut a voter's power in 1/4. He said the districts had been established in other municipalities because minorities were not being %airly represented. He said he did not feel Ocoee had a problem 0% this sort and therefore did not need these districts. In certain cities Mr. Gri%%in felt these districts may help some voters but in Ocoee he said it would only serve to limit their voting power. R. P. Mohnacky, 1820 Prairie Lake Boulevard, said he was against these districts because he wanted to %eel he could call on anyone of the Commissioners i% he %elt the need. He %elt that certain Commissioners were appropriate to go to on certain issues and did not want to %eel as i% he had to go to the same Commissioner regardless of the issue. Mr. Mohnacky was also concerned with the possibility of a citizen not being com%ortable or compatible with the Commissioner %rom his or her district and there%ore %eeling as i% he or she was not really represented. Mayor Ison stressed that districts came into being, one 0% the Commissioners. regardless 0% whether or not citizens could always call on any Chairman Beatty said he personally favored single-member districts. He said he saw it as a positive %or citizens not a negative because citizens would more than likely know the Commissioner who represented them and be able to have a closer relationship. He said citizens would %eel better represented as the community grew. Commissioner Bateman moved to approve Ordinance 88-28, Commissioner Hager seconded, and approval was unanimous. City Manager Ryan read the ordinance by title only. . Ordinonce 88-29, Firat Reoding Chairman Beatty said there were no the Charter Revision Committee. supported a %our-year term. additional comments %rom He said he personally Commissioner Bateman also said he personally supported a 5 e Page 6 City Commission Meeting September 6, 1988 four-year term. He said it took him two years to acquire the basics and feel comfortable with issues, procedures, and legal concepts. He felt there was ample processes to remove Commissioners from office if need be. Chairman Beatty explained that the Mayor's office and two Commission seats would be elected on even-numbered, Presidential election years. Election of the other two Commission seats would take place on odd-numbered, Gubernatorial election years. Chairman Beatty said there would be some transitional terms involved (three-year terms) to get the new system in alignment if the amendment was approved by the voters. He said the specific process and guidelines were outlined in the ordinance. R. P. Mohnacky said he did not approve of four year terms. He said he preferred two year terms and that two years was sufficient time to evaluate a candidate. He said having to remove someone from office was a negative way of looking at the situation and that he saw it as positive to go for reelection rather than face being removed by the citizens. e Ben Griffin asked for the other Commissioners to comment with their thoughts on the four-year terms. Commissioner Dabbs said he was in favor of the longer terms as did Commissioners Johnson and Hager. Commissioner Johnson said he originally favored three-year terms but said he approved of the four- year terms that the Charter Committee had proposed. Mayor Ison said he had served in his office for two and one- half terms and was in favor of the four-year term. He commented that the public would become more involved in the process of electing local officials if the terms were longer. He said civic organizations would probably hold more forums to hear what different Commissioners felt about different issues and that this process would help to elect the best people for the Job. Mayor Ison also thought that the four- year term would bring about the necessary stability of thought in the City since they had experienced a great deal of turnover in the recent past. Chairman Beatty agreed and said he felt that the four-year term would promote an atmosphere of candidates who were there to do the Job and not Just to run for office. - Debbie Bracknell, 408 Hager Drive, Ocoee, said she felt nothing was more important than a citizen's right to review the candidate. She disagreed with the Mayor's statement that the Commission had experienced too much turnover in the recent past. She said Chairman Beatty had remarked at one of 6 e Page 7 City Commission Meeting September 6, 1988 the Charter Revision Committee meetings that the terms should be extended to four years since most Commissioners got reelected anyway. Commissioner Bateman moved to approve Ordinance 88-29, Commissioner Dabbs seconded~ and approval was unanimous. City Manager Ryan read the ordinance by title only. Chairman Beatty had one last question be%ore the Commission moved on with the agenda. He asked about the possibility 0% advertising the Charter revision and amendments in the newspaper. He said the intent was to inform the voters so they would not be surprised to see it on the ballot, or vote against it for the simple reason that they would not know what had been changed or revised. Chairman Beatty said the intent was not to endorse the revisions in any way. He suggested a direct mail piece or publication in the print media. It was decided that Chairman Beatty would construct a mailer to be sent to all registered voters in the City. e Ordinance 88-30~ Firat Reading Mayor Ison said the Commission would hear first from City Manager Ryan and then make any comments before they asked for public comments. City Manager Ryan said for the record that the budget cash flow was based on a S200~000 inJection of cash flow from the expected refinancing of Bowness Road. He said the cash carry %orward was anticipated to be lower than staff estimated. City Manager Ryan also said that whatever millage amount the Commission voted to set this evening, could be changed at the second reading and public hearing only to a lesser rate than what was set at the first reading. He said staff believed the revenues were on target and that staff urged the Commission to set a rate of somewhere between 3.0 and 4.0. Commissioner Dabbs wanted to clarify what would be considered a substantial change and therefore not be able to take place at the second reading. City Manager Ryan said the substantial change rule in this case said that to lower the millage rate would not be considered a substantial change, but to raise it higher than what was advertised would. City Attorney Rosenthal said the City was prohibited from raising the millage higher than the rate established for first reading. -- City Attorney Rosenthal said he felt it necessary to comment on the refinancing of Bowness Road that the City Manager mentioned when talking about the budget and millage. He said he wanted to make it clear that he had not yet given his 7 . Page 8 City Commission Meeting September 6, 1988 legal opinion on this and was waiting for the results of the Transportation Study. Commissioner Hager said several weeks ago he made a motion to establish a millage rate of 3.5. He said he stated at the previous meeting that the budget worried him and he wondered if the City would be able to live within the budget they had tentatively set. He said he did not think that a 3.0 levy would be sufficient, especially in light of what the City Attorney Just mentioned about perhaps not being able to count on monies that we had already worked into that budget. Commissioner Hager said for those reasons he favored a 3.5 millage rate and said he felt it would be best for the community. e Commissioner Bateman said he supported the proposal for a rate of 3.5. It was pointed out that an increase of one mill would add an extra 5197,200 to the budget for revenue. With a rate of 3.5, this would account for seven-tenths of a mill. He asked the City Manager if this increase would accommodate the worst case scenerio that the City could possibly face. City Manager Ryan said without buying any equipment that was presently budgeted for, and with the seven-tenths of a mill increase, he felt confident that staff could manage sufficiently within the means. City Manager Ryan stressed that he would manage to run the City on whatever monies the Commission approved. He recommended though that the Commission approve a rate of at least 3.5. Commissioner Dabbs said he shared the concerns of a shortfall. He said he had made the motion to go from 2.8 to 3.0 but felt that the City needed to be austere and to get a handle on what was happening. He said it was time to get out of the process and into the product. Com~issioner Dabbs said an austere budget would force the City to speed up the review process and get things out of the ground. He said he favored leaving the millage rate as previously set at 3.0. Commissioner Johnson said he had spoken with all department heads and they told him they could manage with the present proposed budget, therefore he also recommended leaving the rate at 3.0. He said he was tired of bouncing back and forth and thought the staff could work within the budget by tightening the belt. e Mayor Ison reminded the Commissioners that they could not raise the rate above the figure they set this evening. He said ad valorem taxes would not raise sufficient monies to accomplish all that the City needed. He said he was also 8 . Page 9 City Commission Meeting September 6, 1988 concerned but that no one could possibly forecast the potential things that could arise. He said the City needed to develop a ~inancial plan to bring in more revenues but that ad valorem taxes were not the answer. Commissioner Bateman said the ~ederal revenue sharing dollars the City used to receive had dwindled down to zero. He said he did not ~avor raising taxes Just to put the money in the bank. He said he was talking about being able to meet the day-to-day expenses. Commissioner Hager agreed and said that with the 3.5 they would have a small "sa~ety net". He said the millage rate was 10.0 when he ~irst started on the Commission and that he had voted to decrease the rate every year since. He said the City must now ~ace the reality that a tax increase was not only necessary but a rate o~ 3.5 would only be su~~icient to keep the City operating at the status quo. He said he believed this would be the case ~or this year and probably next year until the City started to see the growth it was headed ~or. e Mayor lson asked i~ any citizens wanted to comment on the millage rate. Daniel Methieux, a representative o~ the Meals on Wheels organization, said his group provided meals and other services to homebound and poverty stricken people. He said the maJority o~ the ~unding used to come ~rom the ~ederal government but now they were having to go to more local sources. Mr. Methieux explained that the average cost o~ providing one meal was $2.39 and that the organization expected to deliver more than 400,000 meals next year. Mayor Ison asked Mr. Methieux what his specific purpose was in addressing the City Commission. Mr. Methieux said his organization was requesting $3,800 from the City o~ Ocoee to help cover the cost o~ providing meals to residents o~ the City. Mayor lson said although he was in ~avor o~ such programs, un~ortunately Mr. Methieux had approached the Commission at a time when the 1988-89 budget had already been established ~or the most part. The Mayor also said that this year the Commission would have to turn down most o~ the requests for ~unds from the community in order to keep within the tight budget they had set. City Manager Ryan suggested that Mr. return next year be~ore the 1989-90 budget was established. He said the budget process would start in Mayor June o~ 1989. -- Ben Grif~in commented that the Commission had cut ~rom the budget that had been targeted for the Maguire House. He understood that the City was $100,000 Withers- in the 9 . Page 10 City Commission Meeting September 6, 1988 process o~ submitting a proposal ~or a State grant to get money %or the restoration. He wanted to know what the Commission's plans were %or the house once it was restored, and what the Commission planned to do in the event the City was not success%ul in obtaining the grant. Mr. Gri~%in also asked i~ any 0% the present Commissioners were on the Commission when the City bought the house back in 1984. Commissioner Hager said he was the only one of the present Commission who was a Commissioner at the time 0% the purchase. Mr. Gri%%in said the City was not maintaining the Maguire House with a maintenance program like it did with other City buildings. He said the City had a duty to take care 0% the building. He mentioned that it had not been painted and the windows were in need 0% replacement or repair. Mr. Gri%%in again asked the Commission what the City planned to do with the building and said on behal~ 0% the Ocoee Historical Commission that the group was looking %or some guidance. e Mayor Ison said the cost o~ ~ixing the windows at $7,000-$8,000 and that the work needed to City building was not comparable with other since it was so much more extensive. was estimated be done on this City buildings Betty Ervine, 402 Orlando Avenue, Ocoee , said the Historical Commission had worked to get the house listed on the National Register and wanted to use the building %or a library. Mayor Ison said as a citizen, when the City was in the process 0% purchasing the house, he had promoted the restoration as a citizen-driven proJect.. He said the grant work was being done by the City since it was a very involved process and needed the expertise 0% someone in that particular ~ield. Mayor Ison said that he did not want the house to become a tax burden to the citizens. He said he agreed with having a maintenance program and that the City should be cleaning it. e City Manager Ryan said the City had used the money set aside in the current budget. He said the goal ~or the next %iscal year would be to use the money in the maintenance account to seal the house so it would not deteriorate until such time when either the City received the grant money or it could raise the necessary %unds itsel% to do the complete restoration. Mr. Ryan said the money this year went to putting on a new roo%. He said there would be S7,000 available in the maintenance account %or the 1988-89 %iscal year. 10 e Page 11 City Commission Meeting September 6, 1988 Commissioner Dabbs said the City might need to wait to see if the grant was approved before doing any further restoration other than temporary measures to keep out the weather because all proJects needed to be completed to minimum State standards. He said the City needed to have an overall plan for the house to incorporate both grant money and taxpayer funds. Mr. Griffin said the City had owned the house for four years and that no one had yet co~e up with any specifics about money or a use for the house. Mayor leon said he was working on a "top-notch" fundraiser and was looking to raise $50,000 in a single event. - Mr. Griffin asked if the usage of the house had been discussed. He wanted to know if the Historical Commission should plan on moving out or if the City was going to use the house as a library. Mayor Ison said he did not want to see Cit.y offices in t.he house. Mr. Griffin said the City may have bought a "white elephant" but something should be done with it nevertheless. Commissioner Dabbs said the reason office space was put in the grant was because the State was concerned that the building have the highest and best use. He also said that if the City put the usage down as a library in the grant, it would have to provide information on staffing, funding, etc. Mayor Ison said there was a time and place for everything and that this was not on the agenda for the meeting. He suggested it be brought back up at a future meeting. Ms. Ervine said she thought it was pertinent to discuss it tonight since the City was addressing the issue of the budget. Mayor 150n said that citizens could specifically address budget items but not such topics as usage for the house. Commissioner Bateman said the City Commission and Ocoee Historical Commission needed to get together to discuss the issue but not tonight. Ms. Ervine said the house was the City's responsibility and she personally wanted to see it used for a library. She said the quality of life needed some improvement in Ocoee and that she felt that the house was a direct reflection of the City's image. She said the City was not rising above the reputation given to it by others such as the residents of neighboring Windermere and she thought this was sad. She said she felt such a negative feeling about calling Ocoee her home that she was thinking of changing her address to a post office box in Windermere. - Commissioner Johnson said the Historical Commission had asked 11 -l . Page 12 City Commission Meeting September 6, 1988 for money for the Maguire House for the past two years and he could not remember a time when the City Commission had turned down a request. He said rather than putting in a specific request, the group sent a spokesman to represent them instead of speaking for themselves because they were upset for some reason. Mr. Griffin said on behalf of the Historical Commission if the City would bring the building up to code, then Historical Commission would take the responsibility putting in a library. that the of Elizabeth Maguire, 2 N. Bluford Avenue, said she would at least like to see the City do something to stablize the building until it got the money to complete the restoration. City Manager Ryan said the $7,000 in the budget for next year could go towards fixing the windows and putting paint on the exposed wood. e Commissioner Johnson moved to approve Ordinance 88-30 for first reading with a 3.0 millage rate and Commissioner Dabbs seconded. City Manager Ryan said as one last point of discussion that the staff would worl< within the budget set by the Commission but was concerned that proJected revenues from refinancing of the bond and the implementation of administrative fees would not solve all the problems the City may face. The Commission unanimously approved the above motion. City Manager Ryan read the proposed ordinance by title only. Ordinance 88-31, First Reading Commissioner Bateman moved to approve Ordinance 88-31 for the first reading, Commissioner Hager seconded, and approval was unanimous. City Manager Ryan read the ordinance by title only. He also explained that due to legalities in regards to advertising, the Commission would need to hold a Special Session on Monday, September 19, for the second readings and public hearings on Ordinance 88-30 and Ordinance 88-31. It was decided that the meeting would be held at 7:30 p.m. in the Community Center. . The Hammocks - Consideration for Approval of Subdivision Plans - Assistant City Manager Finch City Manager Ryan asked the Commission to refer to the staff report they were given and reviewed items 1-4. He said the subdivision would not be required to have sanitary sewers and that the intersection improvements on White Road would be handled during final construction plans. Mayor Ison asked 12 . Page 13 City Commission Meeting September 6, 1988 whether the City wanted to treat the sinkhole and retention pond alike. Assistant City Manager Finch said the developer would like to either take care o~ both the sinkhole and the retention pond or neither. It was decided that the City would own both these areas and would create special taxing districts as a maintenance ~und source. Commissioner Bateman said he was con~used about B.C. Terry Road since he had never heard of any provision ~or vacating the road and wondered what this would do to the property west o~ the site. He said he wanted to keep with what was already platted. e Lou Roeder o~ Phoenix Development Corporation said only one- hal~ o~ the road was platted, not the part the developer owns. Dr. Ferdinand, the owner, said the City needed an east-west connector road since Montgomery and Clark Roads ran north-south. City Manager Ryan said the issue of vacating the road could be postponed until ~uture planning. Commissioner Bateman said he wanted to address the matter now. He said otherwise it would be Forest Oaks allover again where there was only one road presently that took tra~~ic both in and out o~ the subdivision. Lou Roeder said they had annexed 60 feet o~ the road at the request o~ the City to vacate it. He said that was when they were working with ~ormer City Planner Russ Wagner. Mayor Ison and Commissioner Bateman said they were never asked for an opinion on that and never gave one. Scott Wilt, legal representative for the landowner, said he did not think that Terry Road was part of the City~s transportation plan. Commissioner Dabbs said he did not think that Terry Road was platted all the way to S.R. 50 and as a result, thought Assistant City Manager Finch~s suggestion was a good one, that the road not be vacated unless other developers agreed. e Mayor Ison said if there were no other comments, the matter would be tabled until staff met with the developer and presented a better recommendation. Dr. Ferdinand said that the developer was also requesting a waiver not to have to pave Terry Road. He said the two homes presently served by the road were in the County not the City. He said it would cost $21,000 to pave and that he was willing to place half that amount in an account in the event the road needed to be paved in the future. He said in order to solve the developer~s problem and the City's problem, the developer would give $11,000 to the City. He said the developer was 13 e Page 14 City Commission Meeting September 6, 1988 making a good faith effort to work with the City and had waited five months for a decision. Dr. Ferdinand said they had given up an additional lot and paid engineering costs which would have to be incurred allover again if the City was to make a decision contrary to what former City Planner Wagner had worked out with the developer. City Attorney Rosenthal said the present City Commission could not take action this evening that would inhibit a future Commission and therefore could not partake in the issue addressed in the first ite~ #2 on page 2 of the staff report. City Manager Ryan said plans could be approved without the vacation of Terry Road and that could be dealt with in the future if the intent of the Commission was to get proJects underway or, if the Commission so desired. the matter could be deferred until the Master Transportation Plan was completed. e Scott Wilt asked if the Commission would at least give the developer some direction on the lots abutting Terry Road and how these lots would be affected. Assistant City Manager Finch said the City. by ordinance, requires abutting, unimproved roadways to be paved at the developer~s expense. Mayor Ison polled the Commission on whether or not to vacate Terry Road. Commissioner Hager said he would not be opposed to partially vacating the road. Commissioner Bateman said he was not in favor of waiving anything in the ordinance and therefore would oppose any vacating. Commissioner Dabbs and Commissioner Johnson said they supported the agreement made between the developer and staff. It was explained that in reference to the staff report, the first item #1 would be subJect to the vacating of any right- of-way; the first item #2 was deleted in its entirety; the second item #1 was further discussed to provide for $11,000 to go into a trust account as an estimate of the cost for paving half of the road (the money would be returned if not utilized within a seven-year time period); the second item #2 was dropped in its entirety~ and item #3 was explained further to say that it was the consensus of the Commission (only exception was Commissioner Bateman who opposed any reduction) to approve the reduction of the setbacks. e Mayor Ison said there would be a 60 day timeframe for staff to formulate another recommendation on the vacating of Terry Road and the Commission would vote on the issue within that 14 . Page 15 City Commission Meeting September 6, 1988 time to assure the existing Commission would be in place. Commissioner Dabbs moved to approve the preliminary subdivision plan subJect to the amended conditions in the sta%% report and Commissioner Johnson seconded. The motion carried with Commissioners Dabbs, Johnson, and Hager voting in favor and Commissioner Bateman opposing. e DeRae Builders - Case No. OSR-SS. Propo.ed Rezoning to PUD City Manager Ryan said the staff would de%er to City Attorney Rosenthal. Attorney Rosenthal said the developer had applied for a rezoning for a PUD. He said the Planning & Zoning Board had recommended that the City deny the request. There were no obJections from adJoining property owners. Attorney Rosenthal said as a matter of law, the City could legally grant the PUD zoning. The developer, Alton Julian, would have to develop the property under PUD zoning. City Manager Ryan said this would not be an easy process for the developer to do as it was presently planned but that there was no other zoning category to fit it into. City Manager Ryan said the City could either revise the Zoning Code to allow for smaller lots or zero lot lines or deal with the property as condominiums. City Attorney Rosenthal agreed that there was no ideal place to put this request. Both he and Associate Planner Myers said the sta%f had no obJection to the Commission amending the Code. Commissioner Bateman reiterated that the owners on Cumberland Road would possibly want to split their lots as well. City Attorney Rosenthal said he did not consider this a legal problem from the standpoint of liability. Commissioner Bateman said he %elt it would set a dangerous precedent. City Manager Ryan said a change in the R-3 Ordinance would be needed. He said Mr. Julian could opt to go through this process at his own expense to dra%t a proposed revision of the ordinance to go before the Commission. Until such a revision was drafted and the Commission voted on it, Commissioner Dabbs moved to deny the PUD rezoning request, Commissioner Johnson seconded, and approval was unanimous. City Manager Ryan asked Mr. Julian to meet with him to discuss the necessary steps he would need to go through. e Kissimmee Water Plant - Oiacus.ion and Action Regarding Possible Property Acquisition The property was outlined as being east 0% Kissimmee, west 0% Cumberland Avenue, north of the existing well site, and south of Ohio Street. City Attorney Rosenthal said he would meet with the owner's representative to find out what they were 15 e Page 16 City Commission Meeting September 6, 1988 looking to get for the property and then put the item on the next Commission agenda for action. Commissioner Bateman asked if there was sufficient acreage. City Manager Ryan said the City's engineering consultants had reviewed the property and that it was large enough to accommodate what the City wanted there. City Attorney Rosenthal said that would be a condition of closing, whether permitting could be obtained. Attorney Rosenthal said one appraisal should be sufficient. Mayor Ison asked if more than one would be necessary if the asking price was much higher than the first appraisal. Attorney Rosenthal said if that was the case, he would recommend that the City not negotiate with the owner on the asking price. City Manager Ryan said this was the most workable site available. He said staff needed approval to get the appraisal work done and authorization to talk to the owner and formulate a contract if possible. Commissioner Bateman moved to approve the request, Commissioner Dabbs seconded, and approval was unanimous. e PUBLIC HEARINGS Ordinance 88-25, Sign Regulation., Second Reading City Manager Ryan read the ordinance by title only. Mayor Ison opened the hearing to public comments. There being no public comments, Mayor Ison closed the public hearing. Commissioner Dabbs wanted to point out a typographical error on page 5 of the ordinance, Section G, where it read "unattached" but should read "attached". Commissioner Dabbs also had a question for Assistant City Attorney Woodson on the meaning of the word "eleemosynary" located at the bottom of page 5. Attorney Woodson said the term was a synonym for philanthropic, altruistic, etc. Commissioner Bateman moved to approve the amending of Ordinance 88-25 as adopted, Commissioner Johnson seconded, and approval was unanimous. Commissioner Dabbs moved to approve the adoption of Ordinance 88-25 as amended, Commissioner Bateman seconded, and approval was unanimous. A roll call vote was taken with Commissioners Johnson, Dabbs, Bateman, and Hager all voting in favor. e Ordinance 88-26, RCE Zoning Ordinance, Second Reading Mayor Ison read the ordinance by title only. The Mayor then opened the public hearing for citizen comments. There being no public comments, Mayor Ison closed the hearing. Commissioner Bateman moved to approve Ordinance 88-26, Commissioner Hager seconded, and approval was unanimous. 16 . Page 17 City Commission Meeting September 6, 1988 Upon a roll call vote, Commissioners Johnson, Dabbs, Bateman, and Hager all voted in ~avor. Ordinance 88-23, Barnette Annexation, Second Reading Mayor Ison read the ordinance by title only. Mayor Ison opened the hearing ~or public comment. There being no comments, Mayor Ison closed the public hearing. Commissioner Johnson moved to approve Ordinance 88-23, Commissioner Dabbs seconded, and approval was unanimous. A roll call vote was taken with Commissioners Johnson, Dabbs, Bateman, and Hager all voting in favor. Ordinance 88-24, Buchan Annexation, Second Reading City Manager Ryan read the ordinance by title only. He said the property was located south of Silver Star Road Just west of First Street. Mayor Ison opened the public hearing and there being no public comments, closed the hearing. Commissioner Hager moved to approve Ordinance 88-24, Commissioner Bateman seconded, and approval was unanimous. Upon a roll call vote, Commissioners Johnson, Dabbs, Bateman, and Hager all voted in favor. e SPECIA~ STAFF REPORTS PEC Proposal - Franklin St./Ocoee-Apopka Road - Asaistant City Hanager Finch Assistant City Manager Finch said the proposal contained ~ee schedule ~or the bidding and permitting and engineering work for the utility relocation at this intersection. Mr. Finch recommended on behalf of the staff that the staff do the necessary work for the bidding of the proJect and that PEC be compensated for S3,700 to do the permitting and engineering work. Commissioner Bateman moved to approve staff~s request, Commissioner Hager seconded, and approval was unanimous. Commissioner Bateman asked about turn lights at two other intersections that were going through improvements, Silver Star and Bluford and Bluford and S.R. 50. Mayor Ison said signalization wae scheduled to be handled for all intersections (Maguire/S.R. 50, Bluford/S.R. 50, and Silver Star and Bluford) at the same time when all other improvements were completed. Assistant City Manager Finch said he would consult with the Florida Department of Transportation to find out the proposed scheduled time for work to begin. . Assistant City Manager Finch said that was the only item he had at the present time. 17 . Page 18 City Commission Meeting September 6, 1988 Small Scale Comprehensive Plan Amendment Policy - Associate Planner Hyers Associate Planner Myers said staff had received a request from a developer to change land use on a small piece of property (5 acres or less). Planner Myers said the State allows local governments to change their Comprehensive Land Use Plans at any time during the year to accommodate these small scale land use changes but that it does not allow these changes to be made without the public hearing process required for all changes to the Plan. Commissioner Bateman said he was concerned with pulling out acreage on Silver Star Road that would create having commerical interchanged with residential land use. He said the City should make a conscious effort to keep an eye on all property of this nature along Silver Star Road. Commissioner Dabbs supports keeping the policy as it is with the Comprehensive Plan regardless of the size of the land to be changed. Planner Myers said that it wae property owned by Barry Goodman. City Manager Ryan said he would communicate to the petitioner that the change would not be granted. e R-3 Ordinance Amendment - Aaaociate Planner Hyers Planner Myers reminded the Commission that this topic had already been addressed previously under the DeRae Builders petition. Planner Myers said she had no further items to discuss. Mayor lson said he had spoken with people in Tallahassee on the Comprehensive Land Use Plan. He said they were very helpful. He said the Land Use element of the Plan was due on October 30 and that they suggested we file a progress report on what we have done to date. Mayor Ison also said we would need to file a population estimate, both seasonal and year round and that information would need to be obtained through the University of Florida. The Mayor said quite a bit of work on the Land Use map was done when Russ Wagner was with the City. He said the verbage was the only thing left to be done on that section. He said he would meet with Planner Myers in a week to work on this. COMMENTS FROM CITIZENS/PUB~IC There were no comments at this time. e 18 - ----------' . Page 19 City Commission Meeting September 6, 1988 NEW BUSINESS Monitoring Wells for Underground Fuel Tanks - Public Works Director Brenner City Manager Ryan said Public Works Director Brenner was out of town. Mayor lson asked if this ite~ could be deferred until March. City Manager Ryan said he would consult with Mr. Brenner and report back to the Commission at the next meeting. Code Enforcement Board Hember Replacement This item was tabled until the next meeting in order for the Commission to ~ind a candidate ~or replacement. Oly.pia Cove - Associate City Planner Hyers Planner Myers said the developer had requested two waivers to the Zoning Ordinance. The developer wanted to reduce the setback on Silver Star Road from 50 feet to 40 xeet. The developer also wanted a waiver for the five xoot sidewalk. e Mayor Ison said the Department of Transportation considering xour-laning Silver Star Road at some date in future and for this reason, there could not be a waiving the setback requireMent. He said the sidewalk was necessity and it was a moot point to discuss the waiving this requirment as many developers had found. Both waivers were denied. was the of a of the Planner Myers explained that the developer had also submitted a revised Developerls Agree~ent for the Commission's approval. The developer was requesting a temporary water line agreement to eatis1Y legal and financial constraints with the property owners. She explained that a temporary water line connection had been approved by PEe to the Kissimmee Plant. The developer also wanted the "backbone" or 12" water line to be run through their property rather than along Silver Star Road. Planner Myers said staff did not feel that granting this request would adversely a~fect water service. The developer would not be reimbursed or credited for the oversizing of the water line. . Planner Myers read from her staff report to the Commission that the red-lined Developer's Agreement stated that "the Owner shall not be assessed or otherwise required to participate in the construction of any off-site Water System improvements, except for payment of normal rates, fees and charges (including capital charges) for water service as may from time to time be established by the City". Staff recommended that final engineering plans could be approved 19 e Page 20 City Commission Meeting September 6, 1988 subJect to participation in capacity sales. Planner Myers also told the Commission that the Developer~s Agreement ox January 19, 1988 differs from the Developer~s Agreement of September 6, 1988 in respect to the width of the right-of-way to be dedicated to the City along the eastern boundary. She said "urban sect.ion" was to be defined by the planning needs of the City. Miranda Fitzgerald, representing Hawthorne Properties, said this was the first time she was hearing about the changes to the language and the amending of the Developer~s Agreement. She said the City had approved the 24 foot right-of-way for multi-family dwellings which would create more traffic than the single-xa~ily residents BO she did not understand why the width had been enlarged. Ms. Fitzgerald thought the 24 feet should suffice. City Manager Ryan asked the Commission to table the matter. The Commission tabled the issue until the next meeting. Commissioner Bateman suggested that it be put earlier in the agenda for the convenience of the developer since they had waited so long this evening. e Sawmill - Approval Final Subdiviaion Plana, Phase I Mayor lson said this matter would be pulled from this agenda. Assistant City Manager Finch commented that although the Commissioners~ information on this item contained 54 comments from PEC, there were really only eight of maJor significance to be worked out. School ~iai8on Officer - Chief Boyd Commissioner Dabbs moved to approve the contract for the liaison officer, Commissioner Johnson seconded, and approval was unanimous. Sgt. Seaver/CO Minnick - Requ.st Waiver of Nepotism Rule City Manager Ryan said Sgt. Seaver and Communications Officer Minnick were requeeting a waiver of the City~s nepotism rule because they were getting married at the end of this month. City Manager Ryan said it would take an unanimous vote by the Commission to waive this rule. - Commissioner Dabbs said they needed to look at the personnel policy. City Manager Ryan said since there was no policy at this time, the policy of the City was to go on past practice. Past practice, Mr. Ryan said, was that two relatives could work for the City, but not in the same department and not when one was the supervisor of the other. Commissioner Dabbs said he did not agree with a married couple working together as supervisor and employee. He said he would support the 20 e Page 20 City Commission Meeting September 6, 1988 subJect to participation in capacity sales. Planner Myers also told the Commission that the Developer~s Agreement of January 19, 1988 differs from the Oeveloper~s Agreement of September 6, 1988 in respect to the width of the right-of-way to be dedicated to the City along the eastern boundary. She said "urban sect.ion" was to be defined by the planning needs of the City. Miranda Fitzgerald, representing Hawthorne Properties, said this was the first time she was hearing about the changes to the language and the amending of the Oeveloper~s Agreement. She said the City had approved the 24 foot right-of-way for multi-family dwellings which would create more traffic than the single-faRily residents so she did not understand why the width had been enlarged. Ms. Fitzgerald thought the 24 feet should suffice. City Manager Ryan asked the Commission to table the matter. The Commission tabled the issue until the next meeting. Commissioner Bateman suggested that it be put earlier in the agenda for the convenience of the developer since they had waited so long this evening. - Sawmill - Approval Final Subdivision Plena, Phase I Mayor Ison said this matter would be pulled from this ~genda. Assistant City Manager Finch commented that although the Commissioners~ information on this item contained 54 comments from PEC, there were really only eight of maJor significance to be worked out. School Liaison Officer - Chief Boyd Commissioner Dabbs moved to approve the contract for the liaison officer, Commissioner Johnson seconded, and approval was unanimous. Sgt. Seaver/CO Hinnick - Request Waiver of Nepotism Rule City Manager Ryan said Sgt. Seaver and Communications Officer Minnick were requesting a waiver of the City~s nepotism rule because they were getting married at the end of this month. City Manager Ryan said it would ta~~e an unanimous vote by the Commission to waive this rule. II Commissioner Dabbs said they needed to look at the personnel policy. City Manager Ryan said since there was no policy at this time, the policy of the City was to go on past practice. Past practice, Mr. Ryan said, was that two relatives could work for the City, but not in the same department and not when one was the supervisor of the other. Commissioner Dabbs said he did not agree with a married couple working together as supervisor and employee. He said he would support the 20 e Page 21 City Commission Meeting September 6, 1988 waiver but would like to look at the policy. Commissioner Johnson said he also supported the waiver and that he considered both individuals to be good employees. Commissioner Bateman said he would like to take a look at the policy. He said he had 45 years of experience dealing with issues such as this. He said he thinks the nepotism rule was totally wrong and needed to be looked at. He said he supported the waiver. Com~issioner Hager said he had no problem with the request. City Manager Ryan said he would report back with the policy. REPORTS AND INFORMATION - CITY HANAGER e Report on Telesat Cablevision, Inc. City Manager Ryan said he had spoken with representatives of St. John's County about the cable problems they were experiencing there with Teleaat. He also said Special Legal Counsel Ike Cool said it was his opinion that Telesat was entitled to due process and recom~ended that the Commission grant the cable company the right to a first reading of its franchise ordinance along with a public hearing. Telesat representative Tom Cloud said that his client was only asking for a public hearing. Rick D'Loughy of Cablevision Industries, Inc., asked the Commission why they would grant Telesat due process when there are known inaccuracies in its application. Commissioner Bateman asked Mr. D~Loughy if he was an attorney and Mr. D~Loughy said no. Commissioner Bateman said he questioned why Mr. D'Loughy would think he could advise the City Commission as to what direction to take when it really should be the Job of the City Attorney. Commissioner Bateman suggested that Mr. D~Loughy spend more of his time bettering his own company instead of trying to handle the Job of the City Attorney. City Manager Ryan said staff felt that if they were making an error, the error $hould be on the side of due process. Staff recommended Telesat be given due process on that reasoning. Mayor Isan asked Mr. D'Loughy how far east on S.R. 50 his company served. Mr. D~Loughy was unsure on a specific area but said that his company did have an Orange County franchise and had had it for some time. . Commissioner Telesat on Johnson moved to approve the motion the September 20 agenda for first to place reading, 21 e Page 22 City Commission Meeting September 6, 1988 Commissioner Hager seconded, and approval was unanimous. Mayor Ison directed City Manager Ryan to meet with Special Counsel Cool to go over the process and what the perimeters were that the Commission would have to deal with. Commissioner Dabbs said he agreed with Commissioner Bateman that the two companies should do their business and put a stop to all the pettiness. Authorization to Issue Building Permit with Conditions for Florida Auto Auction City Manager Ryan said there were two maJor issues still to deal with. He said they were still awaiting the results of the traffic impact study for the exit into Marshall Farms Road and the overall drainage was under review. City Manager Ryan said staff would like to issue the building permit with the condi t.ions t.hat. t.he. transport.ation issue be resolved and the drainage be reviewed. e Glen Storch representing Florida Auto Action said the traffic study and stormwater calculations for the northwest quadrant would take quite some time. He requested that they be allowed to proceed with the ataff~s conditions. Staff also recommended approval. City Attorney Rosenthal suggested that the building permits be grante.d in stages to allow the City to have some control over the process. The Commission concurred with the etaff~s recommendations. Follow-up Agenda Report - City Hanager Ryan City Manager Ryan said staff had met with Orange recycling and solid waste matters. He said staff the Commission updated on pertinent information. County on would keep City Manager Ryan asked the Commission if the personal leave buyout was to be anticipated by City employees at the end of this month. He Baid the money had been budgeted for but he still needed direction from the Commission on whether or not to expend the funde. The $60,000 allocated was thought to be sufficient to handle the buyout. Commissioners Johnson and Bateman said if the employees were told that was the policy, then the City should live up to its commitments. CITY ATTORNEY - Summary of Continuing ProJects Miranda Fitzgerald asked to approach the Commission for clarification. She was concerned with the language that Planner Myers read earlier. She said Wescar, Inc. had agreed and if the City was comfortable with a three-lane road, then Pulte was willing to split the coat 50-50. Assistant City 22 " e - Page 23 City Commission Meeting September 6, 1988 Manager Finch said at xirst glance it would appear that three lanes would be satisfactory. Ms. Fitzgerald repeated for clarification then that the two waivers they had requested had been denied and that the Developer~s Agreement would be rewritten to denote the consensus of the Commission to allow a three lane road. Commissioner Dabbs moved to approve the amended Developer's Agreement of Case 09R-87 subJect to the City Attorney~s review, Commissioner Johnson seconded, and approval was unanimous. COMHENTS FROH COMMISSIONERS Commissioners Hager, Bateman, and Dabbs had no further comments. Commissioner Johnson asked if the Commission would like to consider going to requests for proposals for engineering help i~ PEe was not doing the Job. Commissioner Johnson moved to approve the RFP process for proJects under S5,OOO, Commissioner Dabbs seconded, and approval was unanimous. City Manager Ryan said that in PEC~s dexense, many of their reviews see.med lengthy because they added many "generic", minor comments simply xor the protection of the City. There were no other Commission comments. ADJOURNMENT: 12:50 A.M. #LR-~ MAYOR ATTEST: &t#-~~------- 23