HomeMy WebLinkAbout01-03-85
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MINUTES OF 'mE RFnlLARLY SCHEDULED CITY CCMITSSICN ~ HErD JANUARY 3, 85.
PRFSmT: Mayor lson, Carrmissioners Cox; Rodgers; Bateman; and Hager, City
Attorney Kruppenbacher, City Manager Griffin, and Deputy Clerk
Louloudis.
ABSENl': None
CALL 'ID ORDER
Mayor lson called the regularly scheduled meeting to order at 7:32 p.m..
Mayor lson then led those present in prayer and to the Pledge of Allegiance
to the Flag.
APPROVALS
Camn. Bateman rroved to dispense with the reading of the regular Carrmission
Meeting Minutes of December 18, 84, and the Carmission Workshop Minutes
of December 18, also. Camn. Hager seconded, and the vote carried unaninously.
Mayor lson corrected the first paragraph, under Hearings, in the Regular
minutes of December 18th, to read, "The Board concurred to have the pet-
itioner sign a staterrent saying he acknowledged that the City, by re-zoning
this property, has not ccmni tted or :impl.;~eC~ that the sewer service 'WOuld
be supplied. Corrm. Bateman corrected the last page of the regular minutes
under Corrments from the Camlissioners to say, "Gene Dickerson cartlll'eIlded the
Carrmissioners, . . ." Corrm. Rodgers corrected the Carrmission Workshop -
minutes, under the topic of Hidden Oaks Subdivision, Nmnber 3, to read, "Pave
Washington from intersection with CUmberland to KissinttEe. Coom. Rodgers
corrected the regular minutes, under the topic of Hidden Oaks Subdivision,
the second sentence, to read, "Mr. Snyder's attorney will draft an agreerrent
between Mr. Snyder and Mr. Stuckey to split the cost of paving Washington
Street. II Canrn. Rodgers rroved to approve the regular Il'eeting minutes as
corrected, Ccmn. Bateman seconded, and the vote was unaninous. CarIn.
Rodgers then rroved to approve the workshop minutes as corrected, CarIn. Hager
seconded, and the vote was unaninous.
OLD BUSINESS
HEARINGS
City Manager Griffin reminded the Board of the first item being the illegal
annexation, and items b through e are legal descriptions which are not
satisfactory to Orange County. Corrm. Rodgers rroved to read items 'a' through
Ie' by title only, CarIn. Hager seconded and the vote was unaninous. City
Manager Griffin read them aloud. Ccmn. Rodgers rroved to read Ordinance 803
by title only, Canrn. Bateman seconded, and the vote was unaninous. City
Manager read the Ordinance title aloud, and then stated the second reading
will be January 15, 85. Camm. Hager rroved to read Ordinance 800 by title
only, Ccmn. Bateman seconded, and the vote was unaninous. City Manager
read Ord. 800 by title only, aloud. Since this is the second reading for
Ord. 800, Mayor lson asked for ccmrents from the public, there were none.
Ccmn. Rodgers rroved to approve Ordinance #800, Ccmn. Bateman seconded, and
the vote was unaninous.
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City Omnissian ~
January 3, 1985
Page 2
CJl'HER BUSINESS
~Cfi Cfi STATE FL<XJRIDATICfi GRAN!' FOR WATER SYS'l'EM: MS. SUE ALLEN
Ms. Allen stated the funds are distributed through the State. The purpose
of the grant is to assist ccmnuni ties to praoote, iroplerrent, and maintain
flouridation in the water. They provide funding for the consulting engineers
fee, the purchase and installation of all flouridation equipnent, plus two
year flouridation chemical costs. To qualify a City must have on staff a
Class 'c' water operator, the City must pass a flouridation Ordinance, and
sul::mi t to the State of Florida for the grant. The grant does not allow
labor by City employees, land costs, building costs, contingency costs,
and self-contained breathing Il'echanisrns. After the qualifications are Il'et,
the State will cut a check to pay for the things stated above. The estimated
cost for the flouridation chemicals is $1,500.00 to $2,300.00 per year. Carrm. Ibdgers
rroved to get an Ordinance drafted, have a public hearing, to qualify for
the state flouridation grant, Catrn. Bateman seconded, and the vote was
unaninous.
FINAL PlAT APPROVAL: FOREST OAKS, PHASE II.
Mr. Steve Miller, acting City Engineer, from Miller and Miller Engineers,
stated his reccmrendations. They were as follows:
1. Finished floor elevations rrodified to elevation 91.5+.
2. Mar.y of the streets in the subdivision are proposed for cuts of 2 to 5
feet. Should extrerre wet weather conditions be encountered during
construction, sore minor underdrain installation may be required in order
to achieve acceptable subgrade rroisture contents and related densities.
3. The 20 foot benn to be constructed along the western property line will
require solid sodding to prevent erosion.
4. All construction shall be perforrred in accordance with plans and specifi-
cations provided to Miller and Miller, which require confonnance with
existing standards established by the City of Ocoee, Orange Co., and Florida
001'.
5. A pre-construction conference is to be held between the City of Ocoee
inspection personnel, the contractor, and the developer prior to initiation
of field activities.
Mr. Miller stated he recorrmended final approval for the plans and specifications.
Mr. Miller stated the developer had no problem with any of his recorrmendations.
Mr. Miller also reccmrended that pressure reducing valves be installed in the
water distribution system per the revised plans dated Nov. 2, 84.
Mayor lson asked what legal responsibility Miller and Miller Engineers have
if it floods on the subdivision and Mr. Miller reccmrends the Board accept
the plan and design. Mr. Miller responded by saying all engineers carry
liability insurance, and all engineers are subject to their peers, and any
other consultant the City 'WOuld want to hire. Mr. Miller stated it is his
understanding the City could not find fault with him as a professional as
he is doing a job the City hired him to do using the best available infonnation.
Mr. Miller stated he has found nothing in Phase I, or the Water Plant, that
he has a problem with, that either is being or has been rectified. Mr. Miller
stated the City once having approved plans must came to the point where we
can effectively inspect 'WOrk being done, and you have not came to that point
yet.
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City Camlission Meeting
January 3, 1985
Page 3
Mr. Miller stated the City has had problems with projects because the City
has not had effective inspections. Mayor Ison asked if after we get our
Subdivision Regulations into effect if we could make them retroactive to
include Forest Oaks. City Atty. stated without researching it, he would say
it 'WOuld be difficult to have them retroactively applied to an applicant.
City Manager Griffin pointed out that Mr. Miller did not receive sane of the
infonnation to generate his report until mid-afternoon of Jan. 4, 85.
Consequently, Mr. Griffin stated, he had concerns on the availability of the
report to the staff for review before the meeting. Mr. Griffin stated he
had sate concerns with Phase I and the Water Plant. Mr. Griffin also stated
the problems pointed out have been rectified or are being rectified by Amick.
Mr. Griffin is concerned with the problems which have not been founded. He
continued, saying he realized there 'WOuld be a problem with tabling or denial
of a final plat approval based on problems or concerns with another Phase.
Mr. Cockrell, Water Supervisor, stated he was ordered off the job site, at
one time. Mr. Fuqua gave apologies, and stated it 'WOuld not happen again.
Mr. Cockrell stated if Twin Lakes Manor and Twin Lakes Forest is an exarrple
of Forest Oaks, we are in trouble. Mr. Cockrell stated he has dug up 6"
and 14" mains which are 6 to 8 feet under ground. Mr. Miller stated the
pipe should be laid 3 to 4 feet under ground, and laid on a rough grade.
Mr. Cockrell stated he could not find any "as built" plans in house, for
ei ther subdivision. Mr. Cockrell stated he took a metal detector to locate
the valves, which he found rrost of them under the sidewalks. Sare valves
they were not able to locate. Mr. Cockrell stated on two driveways on
Jessica Lea Ln. there is no base under the driveway. Mr. Cockrell stated
nOW' that the City has signed off on those subdivisions they Imlst be fixed
by the City, at City expense. City Atty. stated he spoke to other lawyers
who stated they have in fact held up one phase because of concerns with
another phase, but he did not know exactly how to go about doing that.
Corrm. Rodgers stated it looks like Amick has corrected the problems. City
Manager Griffin stated they corrected the problems which were pointed out,
but what about the problems the staff has not found. Corrm. Rodgers stated
that was our problem, if we don't have the staff, or the engineers are on site
enough to find these things. Carro. Rodgers stated it is not up to the developer
to point out his mistakes, it is up to the City to find them. Ccmn. Rodgers
continued, its up to us to get an engineering finn that's broad based enough,
to have engineers who knOW' about roads, and engineers who know about water,
John is not an engineer. It requires an engineering expertise, that's why
we have Kelly and Miller hired. Corrm. Rodgers recc:::mrended to utilize the
professional people we have available to us. City Manager stated he would
argue it is incumbent upon a professional developer to do a quality job and
not do sub-standard operations and cover it up before the staff can get out
there to inspect. It is also imcumbent upon a developer not to sit in a
Il'eeting, a pre-construction meeting, saying that the staff can care Ol1t there
anytime, staff went out the next MJnday, after being told by the developer
they \\Duld start laying water lines on Monday, to find the pipes were already
in the ground. City Manager asked if this type of action was reputable, or
professional. CorrIn. Rodgers asked if the water lines have been rectified
to the satisfaction to the City of Ocoee. City Manager stated he did not
knOW' as the staff dug up one line, found a problem, and they said they have
corrected it. City Manager asked how many rrore problems are yet to be found.
Carm. Rodgers stated he didn't have any idea. Ccmn. Rodgers stated the
developer and his attorney is in the roan, and he understood that the staff
had given them a list of grievances, and he has corrplied or is going to with
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City Camtissian Meeting
January 3, 1985
Page 4
everything on that list. So, Corrm. Rodgers continued, where is the problem
or hang up with approving Phase II, sounds like we better get our professional
engineering crew together on a tiIrel y basis, and set up periodic inspection
}:X)ints, whatever they are, on the crucial }:X)ints. Mr. Miller stated the only
information he was missing was density tests over all the rest of the water
lines in the subdivision, he has the density infomation for the main transmission
line for the subdivision. Mr. Miller stated after he received that information
he would have a carplete file on Forest Oaks Phase I, and they would have I1'Et
with all his criteria. Mr. Miller stated the problems generally appear in the
first two years of the subdivision. Mayor Ison asked if the subdivision could
be bonded for three years. City Atty. stated it 'WOuld be his }:X)sition, that
when the City accepted the subdivision, the City 'WOuld accept it less the pipes
that went in without the City inspecting them, so if there is a subsequent
problem the City will not get caught with the developer saying, "You accepted
it.". City Atty. continued, if we did not get to see it then his }:X)sition is
going to be the City was not offered the tiIre, unless they want to dig it all
back up and let us look at it, we will accept it less those things. City Atty.
advised the Board if they approve the plat tonite, and the City locates
subsequent problems, and the developer is given notice and does not correct them,
the staff will cone back to the Carrmission and ask to pull all the penni ts and
stop construction. City Atty. stated staff will have to identify the pipes
they did and did not inspect, so acceptance will state only those pipes inspected.
Camn. Hager asked Mr. Cockrell if he was ever notified when the developer was
going to lay lines. Mr. Cockrell stated he has never been notified by Amick
when they were going to do anything. Cartn. Hager stated he was tired of this
I1'ESS, when the developer was going to lay lines, the City should be notified,
and the developer should be sure the inspector is present, when they start.
If the developer doesn't carply to this then the City will not approve it.
CarIn. Hager stated if the developer covers the lines, before they are inspected,
then they should be made to dig them up and let the City see them.
Mayor lson agreed with Comn. Hager. Mayor loon stated the engineers have
stated as they look around the City of Ocoee, it shows inferior type developing.
The City should take the tiIre to hire professionals, to inspect, and according
to the City's Ordinances, the fees are to be in turn charged to the developer.
Mayor loon stated if Mr. Miller says Phase I and Phase II and the Water Plant
are O.K. then he will take that reccmrendation. Wayne Rich, 401 Ferguson Dr.
Orlando, stated they have corrected any discrepancies }:X)inted out by staff.
Mr. Rich stated they have nothing to hide, and he thought it was pro}:X)sed
that if there were any problems after Mr. Miller had carpleted his 'WOrk,
that they would be addressed, and the proper tests 'WOuld be undertaken. Mr.
Rich stated Mr. Miller has done a detailed analysis, as has Mr. Kurht, and
this subdivision has been reviewed a number of tiIres, by a number of people,
and now the City should take a step they should have taken in the past of
approving the subdivision. Mr. Rich stated the City should adopt rules for
subdivisions that every developer should adhere to. Mr. Rich stated he
did not want to get painted with past history, he wanted final plat approval
for Phase II of Forest Oaks, which didn't have anything to do with Twin
Lakes. Mr. Rich reconrnended approval subject to Mr. Miller's re}:X)rt.
Conm. Rodgers asked Mr. Rich if he 'WOuld agree to the pre-construction meeting,
reccmrended by Mr. Miller, with City staff, City engineer, and developer,
prior to field activities. Mr. Rich stated he did not have any problems with
that Ireeting. Corrm. Rodgers stated, "With that, I make a rrotion to approve
final plat approval. No second was made, therefore the IIDtion died for lack
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City Carmission Meeting
January 3, 85
Page 5
of same. Carnn. Cox stated since the developer agreed to a two year bond,
previously, that shows him, as one Ccmnissioner, that they want final
approval to get things going, and they are showing a willingness to cooperate.
Although, CarIn. Cox stated he did not want to accept any lines the City did
not inspect, but that was with Phase I, and we're dealing with Phase II now.
Corrm. Cox stated he thought it has been discussed enough of the concern of
the City Carrmission to be sure everything is done correctly. Mayor loon
asked Mr. Rich if he 'WOuld agree to a three year bond. Mr. Rich stated he
was not familiar with a three year bond, typically he dealt with the two
year bond, to cover maintenance expenses. Mayor loon stated Mr. Rich 'WOuld
not be singled out for the bond, it would be a standard policy with all
developers. Ccmn. Bateman asked Mr. Rich about the 6-4-84 Ireeting with
staff, Mr. Fuqua, and Mr. Rich, at which tiIre they told Mr. Cockrell the
water lines would start to be put in on 6-11-84, and when Mr. Cockrell went
out to the site on June 12, 84, the lines were abrost all canpletely in the
ground and covered up. Mr. Rich stated he did not recall the rreeting, and
could not respond to the question. City Manager Griffin stated the developer
argued the fact, saying they tried to get ahold of Mr. Cockrell but he was
not available. Mr. Rich stated, "A point of reassurance to the City is that
Phase II is supported by Phase I water supply, therefore if Phase I is not
accepted by the City, we will not b8 lable to get C. o. 's for Phase II." Mr .
Rich suggested getting an in-house inspector, to cut costs of consultants.
Mayor lson responded by saying, according to our codes those costs are to be
passed along to the developer. At the present tiIre, the engineer bills the
City, the City pays the engineer, and in-turn bills the developer. Mr. Miller
stated if the water system survives the pressure tests, and the first two
years, then he 'WOuld say that system will be sound for a long tiIre. Conm.
Rodgers reiterated his previously stated rrotion, to approve final plat
approval subject to Mr. Miller's report. Coom. Bateman seconded. City Atty.
asked that the following be added to the rrotion, "that the approval is based
upon this Carrmission' s reliance upon the engineer's opinion, holding the
engineer to the standard of care applied to certified engineers in the State
of Florida." City Atty. stated his reason for adding this being, the engineer
tonite represented that he holds himself out to the best information available
and the City Atty. believes that there is a higher standard of care that
engineers have held to them, and he wants the Ccmnission to explictly state
on the record, that that's the standard of care they are holding him to and
they are not iropliably agreeing to sorre other standard of care that got stated
toni te. Mr. Kruppenbacher stated if the City has a problem with this sub-
division he is going to look back to everybody who reccmnended sarething.
Ccmn. Rodgers approved those rrodifications stated, as did Corrm. Bateman with
his second. The vote was taken. Ccnm. Rodgers, and Cox voted yeh, Camn.
Hager and Bateman cast a no vote. The Mayor in turn votes, and he cast a no
vote also. CarIn. Rodgers stated he 'WOuld like to know why the Carrmission
cast a no vote. He stated, he has only seen one set of plans to Phase I
and he does not know of a single thing they have not canplied with. Corrm.
Rodgers stated the Ccmnission is doing an injustice to the developer, as
he has gone out of his way to correct whatever was wrong, and do whatever we
requested, and if there is sarething buried in the ground, then that is our
fault as the City wasn It up there to inspect it. City Atty. stated Corrrn.
Rodgers raised a valid concern, if we were to deny approval toni te, upon
what grounds are we denying it. City Atty. stated the Carrmission now must
deny approval upon sare grounds, and/or table approval based upon sare grounds.
Mr. Kruppenbacher did not reccmnend denial, he rec()f('('!eIlded tabling it, if
the Ccmnission had concerns, and articulate those concerns so that they may be
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City ():Jmlission Meeting
.T(mI:ATy 3, 85
Page 6
resolved by the developer, and the staff, then brought back to the next Ireeting.
Carro. Rodgers stated the developer has a right to know why the Carrmission
has denied his approval. Camn. Hager stated his concern was with the water
lines inspection. Comn. Bateman stated he shared Carrm. Hage:Qconcern with
water lines in Phase I, and if he understood City Manager correctly, Mr. Miller
did not receive inforrration until this afternoon, with which he used to make
his report. Ccmn. Bateman stated that was not long enough for anyone to study
data and give a thorough report, Mr. Miller did a great job of getting it
completed, but its not enough tiIre for him or our staff to review the inforrration.
Mayor lson stated he cast a no vote because of the time taken to discuss this,
two Conmissioners cast a no vote, the fact that Mr. Miller received his
inforrration only today, and the City Manager's recatm2I1dation for tabling.
City Atty. recoomended to make a rrotion of approval subject to a 30 day
tiIre period where staff could inspect and check every concern they have, and
direct Mr. Rich to rectify anything they find wrong. If Mr. Rich doesn't correct
it the Carrmission will pull his final approval, this way Mr. Rich could continue
construction at a risk, and the staff could check out any of its concerns, and
get them fixed. City Atty. stated the alternative is to make a rrotion to
table and articulate the reasoning for tabling, which apparently can not be
stated. And at sane point the City is liable to the developer. Therefore,
Mr. Kruppenbacher stated, "I am trying to reach a carpranise whereby both
the City and the developer are protected." City Manager Griffin inforrred
the Carrmission that at any given time, if the City finds a problem which the
developer does not correct, the City can go out and what is camonl y called
"Red Tag the Subdivision", which Ireans they must stop work and correct whatever
may be wrong. City Atty. stated he has been dealing with this subdivision
for approximately two rronths, where legally the City is getting into an
exposure area where the developer is going to say, you are denying Ire due
process, because every tiIre I carre to a Ireeting I hear of new concerns, I have
never heard of before. Mr. Kruppenbacher continued, "And all I hear tonite,
is there are problems out there which the developer has corrected, however we
think there are other concerns, which we have not inspected as yet." Ccmn.
Rodgers asked who we have on staff that's qualified to inspect an engineering
job. City Manager stated we don't have anyone. Carm. Rodgers argued, "We
do, Mr. Kelley. City Manager confronted Ccmn. Rodgers saying, "He is not
in house staff, and that's what your question implied. City Manager asked
Camn. Rodgers, since when has he becarre so pro-developrrent, we're supposed
to protect the City, we're not supposed to protect the developer. Camn.
Rodgers responded by saying he was trying to protect the City. CarIn. Rodgers
stated he was surprised we do not have law suits against us now by the developer.
Camn. Rodgers continued, "All he is asking has been reasonable requests, and
we are denying him reasonable requests." Coom. Rodgers stated if we don't
have the staff qualified to inspect, then hire them. He continued, "If Mr.
Cockrell is not a qualified engineer to inspect drainage, then do not put
him out there to inspect drainage." Mayor Ison stated we are trying to
resolve final plat approval for Forest Oaks Phase II. Mayor Ison asked Mr.
Kruppenbacher to 'WOrd a rrotion fitting for all concerns to be Iret. City Atty.
'WOrded a notion for approval of final plat approval for Forest Oaks Phase II
subject to the following conditions agreed to by the developer: 1. At the
tiIre of acceptance of Phase I, Phase II there will be a two year bond imposed
in the arrount determined by the engineer to be appropriate to protect the City.
2. Wi thin the next sixty days, the developer is directed to correct any and
all conditions identified by the staff, staff including the engineers, which
are incorrect, and to cooperate with the staff in such inspections, and if
that Ireans digging up all the water lines, to do same. 3. With the under-
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City Ccmni.ssion Meeting
January 3, 85
Page 7
standing agreed upon by the developer that if he does not correct those
conditions identified, that this Coornission will revoke Phase II, for failing
to canpl y with the conditions. 4. Staff to bring back a status report to
the Carmission at the end of the sixty days, that all concerns as of that date
have been solved, and if additional tirre is needed staff should cone back
and report to the Coornission, with the developer that both sides need additional
tirre. 5. Subject to I-1r. Miller's reccmrendations, staff and City engineers
approval. 6. The developer then has 30 days from the time of notice to correct
any problems identified, or such extended tirre he needs based upon approval
of this Coornission. Mr. Rich agrees to all conditions stated by the City
Atty. Canm. Cox rroved to give final plat approval subject to the six
conditions stated by the City Atty. Cann. Hager seconded, and the vote was
unaninous. City Atty stated for the record, "If the City Manager calls Ire,
and tells Ire the developer is not cooperating, or has not complied; I will be back at
the next Ccmnission Il'eeting, and a reccmrendation will be made to pull approval. II
City Atty. recorrm:mded that all correspondence between staff and developer
be in writing. Mr. Rich presented a check to the City for $5,000.00, for the
maintenance escrow account, for the Seaboard Coastal R. R. crossing.
REPORT BY BILL BREEZE AND CITY ~ rn HFAL'DI ~ :ooARD.
City Manager stated Resolution 82-8, which enacted the Health Facilities Board.
Mr. Breeze stated on Dec. 7, 82 the resolution was enacted. And on Dec. 21, 82
the members were appointed, there are five members. The resoJution and inducerrent
letter was issued by the authority on 1-11-83. Also, in January of 83 the
authority signed an agreerrent with an attorney, Mr. Yates, agreeing to pay him
$25,000.00 for representing the authority in negotiations leading to the
issuance of the bonds, and construction of the facilities . Fortunately, Mr.
Breeze stated there was an escape clause saying if the bonds were not issued,
the rroney was not to be paid. On July 29, 83 the bond validation Ireeting
occurred, and the bonds were validated by the circuit court, and a certificate
of authority was issued by the State of Florida, on Sept. 29, 83. On Jan. 7, 84
the Bucannon Co. issued their preliminary official staterrent. Mr. Breeze read
the document. It stated the j ssuance of the bonds did in no way obligate the
City. Mr. Sims has no claim nOVlon t.."'1e twenty-two acres which Ocoee Towers was
going to be built. Mr. Breeze reccmrended the Health Facility Authority
be abolished. Health Facility Board was not established only for Ocoee Towers,
but Ocoee Towers is the only health facility the City has considered. Mr .
Breeze reccmrended the City Attorney obtain a release fran Willicun Yates
even though the docurent is going to be cancelled. Mr. Breeze's third
reccmrendation is that an official thank you be sent to
for his dedication. Mr. Breeze's forth recarrrendation is that all the paperwork
involved in this, from the official resolution to everything else involved
be assembled SOIrewhere and closed out, so that there is no lingering liability
to the City. Camn. Bateman rroved to approve Mr. Breeze's four recOITlreIldations
Camn. Cox seconded. City Manager added to give a certificate to the five
rrembers as a thank you for their tirre. Mr. Breeze stated he sees nothing
wrong with a Health Care facility as long as they finance their own, without
the City's invol verrent. The vote was unaninous.
. ENGINEERING REPORl'S: 'l{M KELLY P.E.C., ~.
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Mr . Kelly presented a draft of the pro!X>sed Subdivision Regulations. He
stated these were done by taking the Orange County Subdivision Regulations,
and getting together with the City Atty. and City Manager.
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City Carmission Meeting
January ~, 85
Page 8
Mr. KelJey introduced the dOC1.llreI1t by saying he would like to get a general
recaTltEI1dation from the Ccmnission to the staff. First, Mr. KelJay stated
he wanted to inform the Carrmissioners on what is supposed to happen in order
to have a structured subdivision review process by the City.
1. The developer 'WOuld Ireet with the DRC, who is the City Manager, Building
official and the Director of Planning. Although the Fire Chief, Water
Superintendent may advise_the DRC. DRC is Developrrent Review Corrmittee.
2. Then the Planning and Zoning Board would be advised, and give a reccmrendation.
Mr . Kelly is recOI'l'flEIlding that P & Z remain an advisory board.
3. Advertise for zoning change, if necesSCO;y.
4. The Planning Director would make sure the developer Ireets the sufficiency
list.
5. Then agenda the item, and review proposed project.
6. Schedule public hearing.
7. Review final plat approval.
Mr. Kelley stated the whole process will take between seven to nine weeks.
Mr. Kelley recaTllrended the Carrmissioners take this under adviserrent. And
to prepare it into Ordinance form within the next weeks. ConIn. Rodgers
rroved to accept Mr. Kelley's reccmrendations. CarIn. Bateman seconded, and
the vote was unaninous.
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City Manager Griffin introduced Mr. Russ Wagner, the new City Planner, who
started employment with the City of Ocoee on January 2, 85.
Mayor Ison then announced that City Attorney Kruppenbacher and
his wife have a 9 pound 3 oz. baby girl. They named her Amy Nowell.
The Mayor called a short break at 10:02 p.m.. The Ireeting reconvened at
10:18 p.m..
REPORl'S AND INFO~ON - CITY MANAGER GRIFFIN.
Mayor lson asked when the Fire-Q-Matics 'WOuld be announced. Lt. Wayne
Vaughn said there would be Fire Depart::Irents from Orange, Lake, Seminole,
Turnbull and Osceola Counties participating on February 16, 1985. It
will be held in the shopping center in Ocoee on Hwy. 50. All the stores
have been notified, the competition will begin at 1: 00 p.m.. And there will
be a dance following at the Carmnmity Center for all. The awards will be
presented at the dance. City Manager Griffin infonred that there will be
a Valentines Party/Dance on February 15, 1985, at the Ocoee Cormnmity Center.
Mr. Ricky Waldrop of the Water Dept. is going to be hosting the party.
The decorations will be concentrated' as the Fire Dept. will be holding
their party the following nite.
REPORl' Cfi BULK FUEL SUPPLIER BIDS.
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City Manager Griffin reported that the bids were requested for 90 octane.
Mr. Griffin received another bid from Texaco, which was late therefore
unopened. There were two bids received, one from Chevron, who were non-
responsive as they bid on 87 octane. Gulf Oil was the second bidder,
who has 92 octane, with no ethenol or gasahol, for 86.15<:: per gal., and
Diesel Fuel #2 for 80.04 <:: per gal.. CarIn. Bateman rroved, upon City
Manager's recamrendation, to accept the Gulf Oil bid, ConIn. Hager seconded,
and the vote was unanirrous. The bid is for one year.
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City Carmission Meeting
January 3, 1985
Page 9
REPORT Cfi FIRE TRU::K BIDS.
City Manager Griffin stated the bid from Aero Products and Co. is nonresponsive
according to Chief Strosnider, such that we asked for a 15 year unconditional
warranty on the tank, and their specifications call for a 5 year warranty.
The low bid is from MUnicipal Equipment, and it is responsive, for $94,022.00
The other bid is from Errergency I, $111,449.00, which according to Chief
Strosnider is too high. Chief Strosnider is recorrnending accepting the bid
from MUnicipal Equipment, the truck has a dipped galvanized steel tank, with
a 15 year unconditional warranty. Mr. Dayton Capps, President of MUnicipal
Equipment, was present to answer the Comnissioners questions. After SClITe
discussion, Carro. Rodgers rroved to approve the bid from MUnicipal Equipment
of $94,022.00, Ccmn. Bateman seconded, and the vote was unaninous. Mr. Capps
stated it will take approximately 120 days to be coopleted.
REPORT CN FUW MEl'ER INSTALLATICN PROl?Q3AL.
City Manager Griffin stated staff did not have any problem with the flow
Ireter installation. Mr. Griffin stated the Comnission needed to authorize
Mr. Kelley to start installation as one of his hour I y tasks. Mr. Kelley
has not given an estimate of the cost. Mayor Ison suggested to table the
installation until the Ccmnission gets an estimate on the cost.
STAFF REXXHmNDATICN Cfi FUNDING FOR PEACH AND M:>XIE DRAINAGE SOLUl'ICNS.
Mr. Griffin addressed the $25,000.00 initial outlay for Peach and Moxie
drainage problem. Mr. Griffin suggested to withdraw it from idle reserve
funds. Ccmn. Rodgers asked the City Atty. if the City was in any litigation
which might render sate funds back for the drainage problems with Peach and
Moxie. City Atty. stated the developers of that subdivision will be notified
wi thin the next few days of the suit against them for the drainage problems.
City Atty. stated the biggest problem Me w~ll face is a rrotion to dismiss on
statute of limitations grounds, and waiver grounds. The City's position
is to inmediately file and try to resolve it in an economical way. Canm.
Bateman rroved to block $200,000.00 for Peach & Moxie drainage solutions,
to be taken from idle funds when needed, with authorization to spend the
first $25,000.00 to start the solution, per Mr. Kelley. CarIn. Cox seconded,
Camn. Cox, and Bateman voted yeh, Cornn. Rodgers and Hager voted ney, the Mayor
cast a yes vote, and the rrotion carried.
~ FOR GUI:IWCE CN cnIDFHV\TICN PRCX:.:EIDINGS.
City Manager Griffin inforrred the Board of Carmissioners of the two properties
which the Building Departrrent has condemned. One of the properties is
Mrs. Reeves' property on Franklin St., the filling station, and the second
is one belonging to a Mr. Frank Griffis located at 109 E. Silver Star Rd.
The staff has brought the properties before the Code Enforcerrent Board,
giving the persons stated a second chance to campI y, without result.
The Code Enforcement Board directed Mr. Griffin to take the problem
up with the City Atty, who in turn pointed out that the condemnation process
to gain canpliance through the legal system is canplex and expensive. He
advised to auestion the Comnission whether to proceed through the court process
to obtain rerroval or renovation of the structures. On the Reeves' property
a forty-five day grace period was given to take care of the junk vehicles.
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City Ccmnissicn ~
January 3, 85
Page 10
Mr. Griffin infonned the Board that Mrs. Reeves' has three problems pending:
1. The junk vehicles, which she was given a grace period. 2. Gas tanks
in the ground, which DER and the State Fire Ma1::shall has instructed must
be filled with sand, or concrete, or dug up and rerroved. 3. The condenmed
service station. They are three separate issues. Mayor loon suggests to
confront her and tell her what could happen through the legal system, as one
last chance. The Board concurred to have Mr. Griffin try to negotiate with
Mrs. Reeves', recap what was said in letter form, give her two weeks, until
the next regular Ireeting to canpl y, and send the same letter to her attorney.
Mr. Griffin explained that according to Mr. Griffis' neighbor, he purchased
the property frcrn sareone in Orlando, but the tax rolls show Mr. Griffis as
the owner. Mr. Griffis' family lives in West Palm Beach, and he is approx-
in1ately thirty years of age. On November 26, 84 he was incarcerated in
the Orange County Jail for violation of parole. He is serving a 52 week
sentence beginning on November 26, 84, and he will not be released during
that period on parole, as this is his second tilre around. This house is
a disaster just waiting to happen, Mr. Griffin stated. The house is vacant,
and is not secured. Mr. Kruppenbacher stated to initiate legal proceedings.
The board concurred to start legal proceedings on the condenmation of the
house.
MAGUIRE ROAD: FIVE BUSINESSES CN CNE WATER METER
Mr. Griffin stated it is at the Keene Hauling property, there are five businesses
on one water Ireter. Four of the five have a water deposit paid, and one
business has a water tap fee paid. Previously, manual bills were sent, and
presently that can not be done, since we have gone on line computer. The
owner is l>1rs. Irwin. Mr. Griffin recaIIlreIlds that the Board waive the $750.00
tap fee and put the Ireters in place, which in the long run will be made up
with minimum bills. Mr. Griffin explained that we could bill the real estate
owner, Mrs. Irwin, or Keene Hauling and let them 'WOrry about collecting the
rroney from the others . With this I the City would be earning less rronies, as
none of the businesses use rrore water than a minimum bill. Mr. Griffin
states if the City waives the tap fee, then each owner should run the water
line in to his business. The concensus of the Board was to bill the owner
of the property, Mrs. Irwin, and let her worry about her tenants, if she
does not pay the bill, then thirty days later we will cut off her water.
PROPCSED ANNIVERSARY CELEBRATICN
Quality Vaults, of Ocoee, has stated they 'WOuld like to present the City with
a marble plaque and want to know what the City would like on it. City Manager
presented the proIX>sed design for the plaque..:
The concensus of the Board was to accept the placque as proposed.
FIRFHlRKS FOR 60TH ANNIVERSARY CELEERATICN
There has been an idea of having fire'WOrks to climax the celebration. Mr .
Griffin reIX>rted for about $2,500.00 to $3,000.00, we can have a real nice
fire'WOrks show. The concensus of the Board is not to spend that much rroney
for shooting off fire'WOrks. Ccmn. Cox stated perhaps serre local businesses
may contribute.
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City Camri.ssion Meeting
January 3, 1985
Page 11
CITY ATIDRNEY KRUPPE2mACHER
Mr. Kruppenbacher handed each of the Carmissioners a packet on impact fees.
He stated the Cormtissioners should review this, and he would like to have
a 'WOrkshop set up, about one hour before a regular Ireeting as soon as possible.
Mayor lson called a 'WOrkshop to begin at 6:30 p.m., before the next regular
Corrmission Meeting, on January 15, 1985.
At the last Ireeting, the City Carrmission directed Mr. Thanas to study and
analyze the validity of the 1981 sewer agreerrent between the City of Ocoee
and ReA, and to take such legal action as necessary to declare them invalid.
Mr. Kruppenbacher reccmrended to Mr. Thanas~ to use the affi:r:mative
defenses in those law suits as the opportunity to declare then'. invalid.
Mr. Kruppenbacher stated the Carmission should be aware that they are
exploring at this tiIre the feasibility of reaching SOlIe sort of mutual grounds
where we can all put this behind us.
PEA Union has told the Sentinel Star that Mr. Kruppenbacher was inaccessible,
and Mr. Kruppenbacher stated, for last six years he has been speaking to
Mr. Patterson about twice a week on other business. Therefore, Mr. Kruppenbacher
sent him a very stern letter, saying whenever he was ready to sit dawn, he
'WOuld be available.
aH!ENl'S FRCM CITIZms/PUBLIC
There were no Cartlll'eIlts.
~ FRCM CCMITSSlrnERS
No ccmrents were made by the Ccmnissioners.
ADJ<X.Jm'MENI'
The regular Ireeting adjourned at 11:30 p.m..
:!il~ e /LvJ
MAYOR ISCfi
ATl'EST:
00.nu~c.tD
DEPUl'Y CLERK . IS