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HomeMy WebLinkAbout08-06-85 . . . '~ MINUTES OF THE REGULARLY SCHEDULED CITY COMMISSION MEETING HELD AUGUST 6, 1985 PRESENT: Mayor Ison, Commissioners Cox, Rodgers, Hager, and Bateman, City Attorney Kruppenbacker, City Manager Griffin, and Deputy Clerk Louloudis. ABSENT: None. CALL TO ORDER Mayor Ison called the regularly scheduled City meeting to order at 7:31 p.m.. Mayor Ison then present in prayer and to the Pledge of Allegiance. Commission led those APPROVALS Mayor Ison informed that Item D, Resolution 85-11, Ocoee Postal Addresses, is no longer required per the letter received from Ray E. Lundquist, Postmaster. None of the Commissioners wished to pull anything else from the consent Agenda. Comm. Ba teman moved to approve items 'A', 'B', 'C', and 'E' , Comm. Cox seconded, and the vote carried unanimously. City Manager Griffin read the proposed Ordinance confirming zoning - P. Pachiratana property, by title only. Mr. Griffin then pointed the property out on the map, and informed the Board the second reading would be held on September 3, 1985. Mr. Griffin then read Resolution 85- 10, Clarifying the legal description of Ordinance 832, by title only. Mr. Griffin stated this Resolution was recommended by the City Attorney. PRESENTATIONS AND PROCLAMATIONS Mayor Ison announced the Merit System Board Meeting Minutes of July 15, 85, and the Public Hearing Minutes of July 18, 1985 were for information only. OLD BUSINESS SPECIAL STAFF REPORTS - CITY ENGINEER Mr. Kelley pointed out the drawings which depicted the proposed outfall drainage. Mr. Kelley reported at the Public Hearing held 7/18/85, there was unanimous support for the project proposed, and the citizens who live along the proposed outfall are willing to grant the easements necessary. Mr. Kelley stated the bids were opened on 7/18/85 for this project, and the low bidder was DeWitt Excavating, Inc. in Winter Garden, there bid was $136,678.90. The high bid came in at $257,580.00. In addition we will have other costs which are not included in this bid, which includes replanting of grassing, cypress trees, restoration and rehabilitation of the retention ponds, and possibly some additional retention ponds, in order to comply with the 1 - . . . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 2 conditions of the permits. Mr. Kelley recommended awarding the bid to DeWitt Excavating, as they have worked with them previously, and have checked their references. Mr. Kelley informed that they need to obtain the remaining easements necessary, the cemetery will be time consuming, and the contractor must obtain a County permit for right-of-way. Mr. Kelley reiterated what his report to the Commission stated, that the stormwater storage volume we are creating in those lakes is the maximum we could achieve because the agency would not allow the lake levels to be any lower than those levels approved in the permit. The permit conditions are such that the agencies can require the system to be shut down temporarily or permanently in the future, particularly if long term water quality problems were to develop in these two lakes. Mr. Kelley stated that PEC can not make any guarantees regarding long term water quality predictions on the lakes. Drainage improvements may be necessary in these two lake basins even with the approximate 6.5 to 7.5 feet lower lake levels resulting from installation of the proposed outfall system. The City will also be assuming the liability for any potentil claims by third parties regarding the lowered lake levels or alleged downstream impacts. Mr. Kelley also informed the Board that there will probably have to be other drainage improvements attempted by the City or Orange County in the Lakewood Avenue area, and westward in the main ditch section running toward Lake Apopka to restore and or improve the drainage capability in the area. If the City is prepared to accept all of the conditions and related issues for the project, and has the available funds, and desires to proceed with the project, Mr. Kelley recommended the City conditionally award the contract for the work in the amount of $136,678.50 to DeWitt Excavating, Inc. Comm. Bateman asked if the City has any alternatives. Mr. Kelley stated only one, to pump into Starke Lake if we do not start this project. Comm. Bateman moved to approve this project via the City Engineer's recommendations, awarding this project to DeWitt Excavating Inc. for $136,678.90, subject to the City obtaining the additional easements, and the contractor obtaining the right-of-way utilization permit from Orange County, with the understanding there will be additional costs, Comm. Cox seconded, and the vote carried unanimously after some discussion. Comm. Rodgers asked how the project would be funded. Comm. Cox felt the Commission had already discussed this funding previously, it would be taken from idle funds and then paid back by a taxing district over a period of time. Mr. Griffin explained that Drainage falls under the Street Dept. but there are no reserve funds in any department except General Government. Mr. Griffin explained that there were $269,000.00 appropriated and $240,000.00 are already spent. Mayor Ison asked about the two million dollars invested, and if the City could draw from . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 3 those funds. Mr. Griffin explained that those funds are controlled by the Commission and there is $136,000.00 in the account, and it can be spent, if the Commission desires. Comm. Bateman, amending his motion, moved to fund the project from the idle funds, Comm. Cox seconded the amendment. The consensus of the Commission was that they were in favor of those people this project affects to reimburse the City over a period of time. Mayor Ison stated they had discussed a ten year period of time, taxing district. Comm. Cox suggested waiting until we found out the total cost, including the cypress trees, any additional retention ponds, etc., and then discussing a method of pay back. Mr. Kelley estimated a 90 day completion period. Comm. Rodgers discussed a way of rolling the costs over until the next budget year. Mr. Kelley stated the contractor may not go for it. Comm. Rodgers stated he did not want to pull the idle funds if the City could avoid that. The City Engineer was instructed to get a ball park figure of the cost for rebuilding the retention ponds, the possible new retension ponds, cypress trees, and replacing the grass. . ROBERTS RISE - FINAL PLANS APPROVAL . Mr. Kelley asked the Commission for some direction, the adopted Subdivision Regulations do not speak to situations regarding completed construction plans. The builder submits a preliminary plan, after its approved by the Commission it goes through a review process, which takes 2 to 8 weeks, to the satisfaction of both the developers engineer and the City's side. Then you arrive at a final plan, approved by both sides. There is a separate matter of the final plat, which must be signed, and has to come back before the City Commission. The builder usually goes ahead before the final plat is approved or has been recorded. The developer will make the changes to get it approved. Typically, final construction plans do not go before elected Boards. The question is whether the Commission wants to see them again. Mr. Kelley stated PEC was ready to approve the final construction plans, and not bring them back before the Commission. Of course, the problems have been brought back to the Commission. Mr. Kelley informed there were other problems with projects which were not subdivisions, Commercial Site Plans, such as building one business on a platted piece of property. The City does not have an Ordinance governing those Site Plans, but PEC is working on one. Those Commercial Site Plans do not have to go through the Subdivision regulations, but they require basically the same questions concerning drainage. Even if the Commission wants to go through a Preliminary Plan Review, do they want the Final Construction Plans brought back before them. Mr. Kelley recommended it was not an essential step, in both cases, the ~ . . . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 4 Subdivisions and the Commercial Site Plans. Comm. Rodgers asked if it holds construction up by having to bring the plans back. Mr. Kelley stated that it could if a set of plans just got approved to their satisfaction but could not get agendaed that quickly and had to wait until the next meeting, two weeks away. Mr. Kelley was asking for guidance on the plans tonight and any others in the future. Mr. Kelley asked for comments from the City Manager and the City Planner. Mr. Wagner thought that it would work as long as the staff comments were combined with the City Engineer's comments. The different departments make comments which are generated into staff comments. If something was not resolved with the parties involved then the plan would come back before the Commission. Mr. Rick Merkel, PEC, stated the Preliminary Review is an excercise we go through in order to resolve all the issues the staff and the development has agreed upon. When all those issues are resolved the plan is in its final form, and doesn't need to come back before the Board to go through all those problems again. Then the final Plat comes back before the Board. Based on the history of Ocoee's subdivisions, Mayor Ison stated, he did not mind seeing the plans another time. Mayor Ison did not mind streamlining the Commercial Site Plans. Comm. Cox felt the staff was capable of handling this but he also felt he would like to see the plans again. Mayor Ison stated he was elected by the citizens and he must consider what is best for the City of Ocoee. Comm. Bateman and Comm. Hager agreed with Mayor Ison, that they would like to see the Final Plans again. Comm. Cox felt he had faith in the staff and would go ahead with Mr. Kelley's recommendations. Comm. ROdgers agreed with Comm. Cox, and stated that the Commission reviews the preliminary plans, tear them up, make recommendations on all kinds of things for Mr. Kelley to work on. When the final plan comes back, everything is worked out, and the plan looks fine. Comm. Rodgers stated he wasn't an engineer and he had full confidence in the Engineering staff and the City Staff, Planning and Mr. Griffin to look these things over. If the Commission looks over the Preliminary Plan, and gives the staff direction then that should be the end of it. Comm. Rodgers stated if there are any problems then they should be brought back before the Commission. City Atty. Kruppenbacher suggested putting these things on the Consent Agenda, then if a Commissioner had a question or a problem with it, it could be pulled and discussed. Mr. Kelley recommended the Commission try this, then change back if they decide to. Mayor Ison asked for a motion either to change the present procedures or leave them as is. Comm. Rodgers asked Mr. Kelley if the time table would change as a result. Mr. Kelley stated it would not. Mayor Ison wanted to see them come back before the Commission, with their approval or objections recorded. Comm. Bateman suggested the consensus lL~ . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 5 speak for itself, and leave the procedures as they presently are handled. Mr. Rick Merkel, PEC, stated there were a few minor changes in the actual final plan and the plan the Commissioners received. Comm. Cox moved to approve the final plans for Roberts Rise Subdivision, Comm. Bateman seconded. Mr. Frank Courtney, the developer, asked if the Commission wanted the sidewalks or not. Mayor Ison stated they are on the final plan. Comm. Rodgers objected to the plans because of the roadway, the stub out may not be big enough for the Fire Trucks to turn around. Comm. Rodgers realized that nothing could be done now as the Preliminary Plans were already approved. The vote was taken, the motion carried with Comm. Bateman, Cox, and Hager voting yeh, and Comm. Rodgers voting ney. MOSELY ESTATES, FINAL PLANS - PULLED FROM AGENDA BY DEVELOPER HARBOUR HIGHLANDS, FINAL PLANS APPROVAL . Mayor Ison asked if all the Commissions conditions to the Preliminary Plan were incorporated in the final Mr. Merkel, PEC, was recommending approval. Comm. moved to approve the final plans as presented, Comm. seconded, and the vote carried unanimously. approve plans. Rodgers Bateman HEARINGS - SECOND READINGS PROPOSED ORDINANCE 837 BOLIN ANNEXATION - STAFF COMMENTS . Comm. Cox moved to enact the second reading of Ordinance 837, Comm. Bateman seconded, and the vote carried unanimously. City Manager Griffin read the Ordinance by title only, aloud, and pointed out the property on the map. Mayor Ison reminded that the Ordinance was tabled to this meeting as the charter requires an affirmative vote of three to pass an Ordinance. Mayor Ison asked for public comments. Ms. Sally Crow, owns property which is on the east side of Bolin's property. Ms. Crow opposed the annexation, she feels Mr. Bolin is going to develop the property in a manner not consistent with the present standard of housing. Ms. Crow asked Mr. Bolin why he wanted the annexation. Mr. Bolin responded that he wanted the City services, he intended to petition for R-1A zoning, and septic tanks were not a problem for him. Mayor Ison reminded those present that this is a public hearing for annexation and zoning is to be discussed at another time. Mr. Gary Ilgenfritz, 4030 Dorwood Dr, Orlando, who owns the property adjacent to the north four acres, stated he bought the property from the Creech's and got zoning from Orange County which is consistent with the area. Mr. Spicer, 3918 ~ . . . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 6 Dorwood Dr, asked Mr. Bolin if he was planning to build three homes per acre. Mr. Bolin stated he would build 28 to 32 homes on the 10 acre parcel. Mr. Spicer was also opposed to the annexation. Mrs. Donald Joynt, 8668 A. D. Mims Rd, stated there would be four cars per family, which meant there would be 120 additional vehicles in that area. Mrs. Joynt did not think Mr. Bolin was telling the truth of why he wants the annexation. Comm. Cox explained to those present that there comments did count, but growth was inevitable, Orange County was planning and growing. Comm. Cox stated their comments did weigh upon their decision. Then Comm. Cox moved to approve Ordinance 837, and Comm. Bateman seconded. Comm. Rodgers asked if they could legally deny the annexation. Mr. Kruppenbacher stated they could not, legally, the enclave issue would not deny the annexation as Orange County is in agreement with the City that this annexation does not create an enclave, and Orange County is putting that in writing. Mr. Kruppenbacher stated he has no problem with the annexation, but the Commission could deny it anyway. Comm. Bateman thought that the people were entitled to an explanation. Comm. Bateman stated if the City denied the annexation, the developer would go to the County, get zoning and build some kind of housing anyway. Comm. Hager expressed the same thoughts. Comm. ROdgers stated the City of Ocoee will do everything they can to be sure the subdivisions are nice. Comm. Rodgers stated he is not necessarily opposed to the annexation, he did not want the people to think that he was because he did not vote for the annexation at the last meeting. Comm. Rodgers stated he just wanted to make sure everything was covered legally. And in dealing with the zoning, Comm. Rodgers was sure that Mr. Bolin understands the sentiments of the Commission, and as one member he would be sure the devlopment was comparable to the housing in that area. Mayor Ison stated that R-3 zoning was just down the road from them, and single family dwellings were better than R-3. The vote was taken, and the motion carried unanimously. Mr. Griffin explained that the next step was to petition the County for a waive of the moratorium, if waived, the developer will initiate the rezoning process. All property owners within 300 feet of the property will be notified at least 12 days in advance. Mr. Griffin informed effective 10/1/85 we will not need a moratorium waiver. ORDINANCE 839 - ABANDON CHICAGO AVE. ROAD RIGHT-OF-WAY Comm. Rodgers moved to approve Ordinance 839 for second reading, Comm. Hager seconded, and the vote carried unanimously. Mr. Griffin read the Ordinance by title only, and pointed out the property on the map. There were no comments from the citizens or the Commissioners. Comm. Rodgers moved to approve Ordinance 839, Comm. Cox seconded, ~ . . . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 7 and the vote carried unanimously. ORDINANCE 840 - SANITATION RATE INCREASE Comm. Hager moved to enact the second reading, Comm. Rodgers seconded, and the vote carried unanimously. Mr. Griffin read the Ordinance by title only. Mr. Griffin explained that the Rate Increase was initiated by Orange County's dump rate increase. All of the neighboring cities have increased their rates, and Ocoee's rate are under those. Mr Bruce Beatty, 311 Hormigas, asked if the proposed rate increase would equal the expenditures of the Sanitation Department. Mr. Griffin said they would. Mr. Griffin stated our intention is to go to monthly billing. Mr. Griffin stated we have proposed a 60% rate hike, from $5.00 per month to $8.00 per month for single family. The proposed rate will raise the cost of a dumpster, twice a week pick up to $40.00 or $9.00 per can per month. There is an additional rate of $30.00 per month for more than one dumpster. Three times a week pickup will cost $76.00 per month, four times - $88.00, and five times - $100.00 per month. Comm. Rodgers asked if we could start billing the Sanitation fees monthly. Mr. Griffin stated that would not be feasible. Comm. Hager moved to approve Ordinance 840, Comm. Rodgers seconded, and the vote carried unanimously. The new rates will take effect on 9-1-85. OTHER BUSINESS - FOREST OAKS UPDATE Mr. Steve Miller, Engineer for the City on this project, stated he has a list of nine items, and none of them are major or significant. The one main cost is the paving, asphalt. Mr. Miller recommended that the water plant "has been substantially completed, in his opinion", and it can be placed in a limited service, which means someone should be there while the plant is in operation. By 8/16/85 the nine items on the punch list should be completed, with the exception the .plaque. Mr. Miller stated that we should be looking at the decertification costs. Comm. Rodgers asked how long it would take to get the decertification costs together. Mr. Wayne Rich stated they were in the process of getting them together. Mr. Miller stated the plant is designed to run all the time, with a variable speed unit, the problem is that this plant is the bottom of our water system and when one of the pumps shuts off, and a valve closes, we are getting a surge, some 100 p.s.i., which is not an exceptional condition for a public water system. This must be resolved before this plant can be totally operational on its own. Mr. Miller's recommendation to the Commission was for them to direct the developer and his engineer to examine this problem, and provide a recommendation as far as alternatives and costs. Mr. Miller also recommended the 7 . . . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 8 Commission have Mr. Kelley check the integration from this system into the current City system. Mr. Miller stated the water plant may not be cost effective to operate, therefore Mr. Miller suggested the City might want to shut down the Forest Oaks Plant during the night hours, and let the Jamela Plant supply. Mr. Griffin asked if Mr. Miller was going to take care of the water hammer problem. Mr. Miller stated it was not a hammer, just a surge, and he is recommending the Commission direct the design engineer to come up with a solution. Mr. Griffin asked about the dialing system. Mr. Miller stated he did not understand that he was supposed to check into that plus it was not on the plans. Mr. Griffin stated we needed to find out about it before the City starts operating the plant. Mayor Ison asked what the Commission needed to do. Mr.Miller explained that this was to report that the plant was substantially completed, and the City could operate it at this time, with someone to watch over it, as it has some "glitches". Mayor Ison asked if we were going to operate it at our expense before excepting it. Mr. Miller explained, "Traditionally, with public water systems, a developer builds it, and prior to all the dollars and cents being exchanged, that because there is a liability when you hook into a water system, the developer would ask the City forces to operate the plant as they are not licensed to operate the plant. It does not mean that you accept it and own it." Mr. Kuhrt had a different opinion, he thought the City ought to shut the Jamela Plant down, and take advantage of the variable speed pumps, getting a constant pressure on the system. Mr. Kuhrt stated, "If you're going to shut something down, I suggest you shut down Jamela, which has all kinds of deficiencies, and let Forest Oaks run, and then you would not have the surge from the start and stop." Mr. Kruppenbacher asked Mr. Miller if the Forest Oaks plant was at the level a public utilities plant should be at, and if there were "glitches" in it. Mr. Kruppenbacher asked why the City would start running a plant knowing those problems exist. Mr. Miller stated he thought the City could use the system on a limited basis, only to supplement the Jemela plant, if the City needs it. Mr. Kruppenbacher asked if we waited, will the "glitches" be worked out, so that we can operate the plant without problems or having to man it 24 hours per day. Mr. Kruppenbacher asked if the City mans the plant, and that man happens to step away from the plant, and while he's away there is surge, is there potential problems for the people down the road. Mr. Miller said, "Absolutely." Mr. Kruppenbacher asked if Mr. Miller had a problem with the City not operating the plant until the problems are resolved. Mr. Miller stated it all depended on how bad the City needs water. Mr. John Cockrell stated the City does not need water at the moment. Comm. Rodgers asked how the surge problem was going to be resolved. Mr. Kuhrt responded that they would A . . . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 9 put an anti-surge valve on the plant. Comm. Rodgers asked how long that would take. Mr. Kuhrt thought it would take 30 days or less. Mr. Kuhrt stated that Mr. Ned DeMars was attacking the surge problem. Comm. Rodgers stated that all known problems should be taken care of first, then we will put a man out there, and operate the plant to look for unknown problems. Mayor Ison would like to see the anti- surge devices installed to Mr. Miller's approval, and the punch list items completed. Mayor Ison asked the Commissioners if they would like to have the surge problem added to the punch list as item 10. Comm. Bateman suggested that Mr. Miller put in writing what needs to be done, to Mr. Rich, Mr. Kuhrt, and the City Commissioners, in reference to the water surge problem. Mr. Kuhrt stated they were installing pressure reducing valves at each and every service out there. Mr. Kuhrt stated the valves are 200 lb. valves, and the flanges are 250 Ibs., we are experiencing 120 to 130 psi surges, so everything we have can actually withstand the swing of those pressures. Mr. Kuhrt stated that they do have a surge in the main line, and the lines running from the main have special valves installed, which can be adjusted for the pressure. Mr. Kuhrt stated the surge in the main can be rectified. Mr. Miller stated he would rather Mr. Kuhrt come up with a solution for the surge, and he would comment on the solution, since Mr. Kuhrt designed the plant. The consensus of the Commission was to correct the problem with the water surge. Mayor Ison asked Mr. Kuhrt was deficiencies Jamela Plant had. Mr. Kuhrt stated that he made a broad statement. Mr. Kuhrt stated for years they tried to update the Jamela Plant, run tests on the high service pumps, and test different things. It is Mr. Kuhrt's recommendation to shut the Jamela plant down instead of the Forest Oaks plant. Mayor Ison stated he wanted to make a point because we are coming up on budget time, and if we need to make some improvements we need to budget monies for that. Mayor Ison asked Mr. Kuhrt if he had any ideas on the plant. Mr. Kuhrt recommended the City direct Mr. Kelley to explore it and come up with some recommendations, a few years ago he stated we came up with all kinds of recommendations to improve that plant and none of them were implemented. Mayor Ison commented that Mr. Kuhrt designed the Jamela Plant. Mr. Kuhrt stated he designed it, but it was not built the way he designed it. Mr. Kuhrt stated he had a whole file full of things that were suggested years ago for the plant. Mayor Ison asked Mr. Griffin to get with Mr. Kuhrt for whatever information he could let us have in reference to the Jamela Plant. NEW BUSINESS CITIZEN COMPLAINT - RUSTY JOHNSON o . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 10 Mayor Ison explained that Mr. Johnson was not present but had talked to him about the particular problem he had. Mayor Ison stated he was very upset about a situation within the City. Mayor Ison wanted to point out to the City Manager and to the employees present or listening in that it is not so much what we are going out there to do, it's how we're going about it. Mr. Johnson was concerned with the attitude and the way some City employees were talking with him, and discussing things with him. Mayor Ison wanted to point out, while we are going through the budget process, that this money is coming from the citizens, and the citizens are our customers. The substance of his complaint has been solved. Mayor Ison stated that we only have a few employees working for the Water Dept. and they may have a sink hole and a water break. When they come out to respond, they're trying to fix it as soon as possible. In this case the citizen felt the employee wasn't taking the time he should have, but yet the employee was trying to solve one and get to another. RELOCATE AUTO BUSINESS SALES - D. TYNDALL . City Atty. Kruppenbacher recommended no action be taken. REPORTS AND INFORMATION - CITY MANAGER GRIFFIN Mr. Griffin pointed out the map which shows a green line representing the City's initial reserve area, the orange line represents the County's thoughts for the reserve area, and the blue line represents the staff adjustments for compromising with the County. Mr. Griffin stated if this satisfied the Commission then the staff would make plans to go back to Orange County. Comm. Bateman thought we should not leave the bottle neck to the north east, we should take in the property to the west of the bottle neck also. Mr. Griffin will research the north-east corner more and come back with it next Commission meeting. STAFF/ATTORNEY PROPOSED ORDINANCE FROM HBA ON DRAINAGE IMPACT FEES . Mr. Kruppebacher stated the HBA did not give what they represented. Mr. Kruppenbacher recommended the Commission go forward with the impact fee Ordinance based upon Mr. Kelley's recommended amount of fee. Mr. Kruppenbacher stated that the language is simple, the fee amount has to be substantiated. Mr. Griffin stated the drainage impact depends on what is built on the ground. Mayor Ison suggested having a work session on the impact fees, and maybe we should start with fire impact or something other than drainage. Mr. Griffin stated that we might want to do like we did with the Solomon project, collect monies from each developer depending on the 1 n . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 11 impact of drainage. Mayor Ison stated the Subdivision Regulations will work out any drainage on-site problems, figure out what they are and how much they will cost and then collect those monies. The Commissioners need to decide if they are in favor of an impact fee, and which way to handle it. REPORT ON MERIT BOARD MEETING - REF: T. VICK . Mr. Griffin referred to the Memorandum supplied to the Commissioners. Mayor Ison asked the City Atty. if the Commission had to act on anything. Mr. Kruppenbacher stated under Ordinance 821, the report from the meeting along with a recommendation from the City Manager be forwarded to the Commission for a final decision and final action to take place. Mr. Kruppenbacher recommended the Commission by a motion confirm the findings of the Board and the recommendation of the City Manager, or to confirm the findings of the Board and impose a different penalty. Comm. Bateman moved to confirm the findings of the Merit System Board, and approve the recommendations of the City Manager, Comm. Hager seconded, and the vote carried unanimously. Mr. Griffin informed the Commission that the staff was keeping a close eye on Lake Moxie, it is up, although it is lower today than yesterday. It is to the point where pumping may be necessary depending on the rain. Mr. Griffin informed the Commission that Mr. Leroy Lahde, P & Z Board Member, has had his work schedule changed such that he will not be able to attend the meetings. Mr. Griffin was approached by Mrs. Pat Bond, who would like to serve. Mrs. Liz Cook is the present alternate member, and there is no set procedure that the alternate must be moved into the full position. Comm. Hager would like to see Mr. John Linebarier serve on the Planning and Zoning Board. Mr. Griffin reminded the Commission that there is still an opening on the Code Enforcement Board. Mr. Griffin stated equipment at Vignetti similar at Peach Lake keep the cars out of the jogging excercise are not up yet. . FOLLOW UP AGENDA We have addressed the Railroad right-of-way and possibility of an enclave in reference to Ordinance 837 tonight. We addressed the drainage impact fee and the Merit System Board. we have installed some new playground Park, and we will be getting something Park to include a restraining device to the park area. We have also installed course along Starke Lake, but the signs 1 1 . . . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 12 The City Atty. did not have any problem with the existing Ordinance on unsafe structures. The Drainage Impact Fee Ordinance was addressed tonight. Mr. Griffin supplied a Memo on the paving of the alley way off of Cumberland. The letter from Cablevision has not come in yet, in reference to them not charging a rental fee on the remote control devices that were already purchased. And finally the developers have not sent a letter of agreement regarding the Blanchard Properties request to have a road connecting Maine Street and Maguire. COMMENTS FROM CITIZENS Ms. Rene Rusk, 1011 Caballero Ct., stated the water level is past her chain link fence, she has a handicapped child who can not play outside because of the flooding. Ms. Rusk stated she appreciated any push the Commission could give as far as the flooding. Also, Ms. Rusk stated several children were playing near the lake and built a raft out of some plywood and foam, which they left floating in the lake. Ms. Rusk also complained about children throwing rocks at her dog, she has called the Police Station and asked that someone come out, but no one has stopped, and she has given up on calling now. The children run back towards the football field. Mayor Ison stated he knew what Ms. Rusk was talking about and instructed Mr. Griffin to check into it and get two officers to check it out next time she calls. Mayor Ison stated they would begin locking the fence after hours to keep the children out. Mr. Bruce Beatty, 311 Hormigas, stated the original set amount from Prima Vista for sewerage was $27.21, and it was cut back to $24.20, and now with the public counsel's help and dedication it has been cut to $21.98. Mr. Wilbur Smith, 50 Pioneer Key Park, stated the flooding situation is terrible. Every time it rains the park gets flooded, and he asked what could be done. Mayor Ison stated there are a lot of factors involved with the flooding. The Commission directed the staff to research this problem along with Mr. Kelley and get back with the Commission on what can be done. CITY ATTORNEY Mr. Kruppenbacker stated he had an amendment to the junk vehicle Ordinance, which will provide an appeal process for someone who is cited under the existing Ordinance, and will render our existing Ordinance legal, so that we can start the procedures for taking care of the junk vehicles. It will be on the next agenda. Mr. Kruppenbacher should have a full report on the Lassiter matter by the next meeting. 1 ~ . . . CITY COMMISSION MEETING AUGUST 6, 1985 PAGE 13 COMMENTS FROM COMMISSIONERS Comm. Cox, Rodgers and Bateman did not have any comments. Comm. Hager stated Ms. Johnson called him and said she had mounds of dirt in her driveway, and her driveway was torn up. Former Comm. Hamdby called and informed him that the corner across from the Post Office needs cleaned up. Palm Drive and Pine was dug up and left. Mayor Ison stated the City Manager and he drove around the City and made a laundry list of things the contractors need to fix, also the City Manager has suspended payments to them until these things are taken care of. Mr. Vern Combs stated the paving at Banderas and Sabinal was not any better than it was before it was fixed. Comm. Rodgers asked if Mr. Sterns followed up on the complaint he mentioned on Center St., the pavement was uneven and it has ridges in it. Mr. Griffin stated he would look into it. Mayor Ison has received several complaints on the workers of Orlando Paving throwing cans in people's yards. Mayor Ison informed that the rezoning hearing for property off of White Road and east of Sleepy Harbor scheduled for August 15, 1985, at 2:00 p.m.. the is Mayor Ison reported on the negotiations with Prima Vista, the last meeting was Monday and lasted two and a half hours. At that meeting, it was determined the Commissioners would receive a whole packet of information on Prima Vista by Tuesday of next week. Comm. Cox moved to adjourn the meOC3r?~ MAYOR ISON ATTEST: ~2~~~prL 1 ~