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HomeMy WebLinkAbout05-15-84 MINUTES OF THE REGULAR SCHEDULED COMMISSION MEETING HELD MAY 15, 1984. e Present: Mayor Ison, Commissioners Hager; Lyle; Cook; & Rodgers; City Manager Burgess, City Attorney Rhodes, and Deputy Clerk Louloudis. Absent: None I CALL TO ORDER Mayor Ison called the regular scheduled City Commission Meeting to order at 7:32 p.m.. Mayor Ison then led those present in prayer, and the Pledge of Allegiance to the Flag. APPROVALS Mayor Ison stated that the minutes of the Joint Commission/Planning & Zoning Board Meeting Minutes of April 24, 1984, and the Minutes of the Planning & Zoning Board Meeting of May 8, 1984 were only for the Commissioners infor- mation, in other words they didn't need to be approved by a motion. MINUTES OF THE COMMISSION MEETING HELD MAY 1, 1984. Comm. Rodgers moved to dispense with the reading of the minutes, Comm. Cook seconded, and the vote was unanimous. Comm. Rodgers then moved to approve the minutes as written, Comm. Hager seconded, and the vote was unanimous. MINUTES OF THE SPECIAL COMMISSION SESSION HELD MAY 9, 1984. e Comm. Rodgers moved to dispense with the reading of the minutes, Comm. Cook seconded, and the vote was unanimous. Comm. Cook moved to approve the minutes as corrected by Mayor Ison, Comm. Hager seconded, and the vote was unanimous. OLD BUSINESS SEWER NEGOTIATIONS - PRIMA VISTA UTILITIES Mayor Ison stated he heard rumors that some citizens were upset about not being informed about the public meeting held discussing the sewer problems. Mayor Ison stated those people must not have read the newspapers, and there was a one week notice given. I City Attorney Rhodes stated there was a meeting scheduled on May 16, 1984 at Mr. Kantor's office, at 3:00 p.m.. Mayor Ison stated he could not attend the sewer negotiating meetings any longer as he thought he would be an obstacle. Mr. Bruce Beatty stated he was dismayed to see the flip flop of the Commission. The citizens overwhelmingly wanted to see City owned sewer plants, and now the Commission is negotiating a franchise agreement. Mr. Beatty stated the City ought to fight against Prima Vista, with condemnation proceedings. He reminded the Commissioners they were elected officials chosen to represent the citizens of Ocoee. e Mayor Ison stated he would like to address the Commissioners as a citizen, therefore he stepped down, and asked Comm. Lyle to sit in, as he is Vice- Chairman. Mayor Ison stated Mr. Rossman was a good developer, he was a professional, and ethical. Mr. Ison told of a phone call he received CITY COMMISSION MEETING MAY 15, 1984 PAGE 2 '--- from a developer~ interest. Mr. Ison went on to explain how the conversation developed. The person stated he needed sewer service, he had a time frame, he had to get financing, Prima Vista was willing to give him sewer service, but couldn't. He stated maybe he could help the City of Ocoee, Mr. Ison asked him how he thought he could help. He stated with a "Class Action Law Suit". Mr. Ison told of another phone call he received. The person stated Mr. Ison was new as a Mayor, and he liked Mr. Ison's political philosophy, he stated he thought Mayor Ison would do well in Tallahassee, as a State Senator. The person continued to say that he and about eight people could get together around $100,000.00 for Mr. Ison's campaign. Then the person stated for the City to go with Prima Vista as they could service, and do what is needed. Mr. Ison stated he would like to hear two motions on the floor, first, to commence with condemnation proceedings against Prima Vista, and secondly, to file a preliminary conceptual plan with PSC to serve Highway 50 corridor. Mr. Ison asked the Commissioners to consider a change at this time. Then Mr. Ison stepped back to his chair as Mayor on the Board of Commissioners. '------ Comm. Rodgers stated he would like to clarify something. He stated one of his reasons for making the motion to grant Prima Vista the Highway 50 corridor, therefore eliminating the chance for the City of Ocoee to build their own sewer plant out there, was that the City's legal counsel had stated our bargaining- position ,-1e.,gally, has been weakened. City Atty. Rhodes stated he could only state his theories of the outcome of a litigation. Comm. Rodgers continued, on that legal opinion, the present condition of the plant, and the monies involved, he regretfully made a complete change by making the motion. To purchase the plant would cost the City a lot of money, perhaps, even put the City into a debt service. What the citizen's must remember is that we have something in the City right now that is going to require the City to spend a great deal of money, and that is the poor state of many of the water lines in the City, and the water system in general. Comm. Rodgers stated that he did not feel the City had the financial resources to correct the water problems and buy a sewer system, also. Comm. Rodgers stated he felt the City ought to take care of the people already in the City first, before worrying about anyone who isn't within the City limits at the present time. Comm. Lyle stated he's remained consistent thoughout the dealings with Prima Vista. '- Gene Dickerson, stated RCA is directly responsible for the problem the City is having with the water system up on the hill. Comm. Lyle stated that RCA was not responsible, they paid their hook up charges, the City gave the building permits. Mr. Gene Dickerson continued, stating he couldn't understand why Prima Vista was going to build the plant to service the Highway 50 corridor on the North end of town, which is a tremendous expense for the extra pipe. Comm. Hager stated the plant was no longer for sale, it would cost the City a great deal of money, the City would have to get a loan for the money, and then pay it back with interest, and condemnation could take years to settle. Comm. Hager then stated that the City Attorney would agree with him that the Judge in Court would consider which party is ready to develop, and serve the people concerned. \:iuuu.n. -1-1-Cl5e-..-- lI.....TV.:;;.U.- --";"'-J"'__~" . _..-..---- ..~_-.--~----J- ~,.- ------------- . Comm. Lyle asked why the Commission is doing anything the vote was unanlmous. ': i CITY COMMISSION MEETING MAY 15. 1984 PAGE 3 -~,,,," "'k~'."_ . Gene Dickerson stated Prima Vista now had the City backed into a corner. Mr. Dickerson continued that with Prima Vista having control over City sewer the developers had control over the City. Comm. Rodgers stated he wanted the citizens to realize it wasn't an easy decision. Comm. Lyle stated he will not put the City into debt, by his vote, to benefit someone who is not in the City now. ORDINANCE # 783 - REZONING FROM ORANGE COUN1~ C-3 ZONING DISTRICT TO CITY OF :)COEE R-3 ZONING DISTRICT - OWNER - D. MILLER MCCARTHY . SECOND READING AND PUBLIC HEARING. Comm. Hager moved to read the Ordinance by title only, Comm. Lyle seconded and the vote was unanimous. Robert Shear, 1984 Blackwood Ave., Winter Garden, FL stated he had a petition, signed by one hundred twenty people, who are against the Ordinance. Other residents of the area stated their negative feelings toward the Ordinance. Judy Lewis, 3467 Seminole St., stated her feelings of being against the R-3 change, she would like to see a residential - single family zoning on the property. Mr. Bill Eagan, Atty. representing the owner, stated not to lose site of the fact that presently the land is zoned C-3. heavy industrial or commercial, therefore we are upgrading the property to a residential area. Mr. Eagan stated the Site Plans are not complete, and there would be no package treatment plants. Carom. Rodgers stated he was against annexation without knowing what the use of the property will be. Carom. Lyle stated they could turn the plans down. Comm. Rodgers moved to deny the request. to annex into the City and change the zoning from Orange Co. C-3 to City of Ocoee R-3. Comm. Rodgers' motion died for lack of a second. Comm. Hager moved to approve the request, Comm. Lyle seconded, and the vote carried 3-1 with Comm. Hager; Lyle; and Cook voting yeh, and Comm. Rodgers voting ney. -- PROPOSED INTERLOCAL AGREEMENT FOR MUTUAL AID - FIRE AND RESCUE SERVICES ORANGE COUNTY - CITY OF OCOEE Chief Strosnider stated that the City needs help in emergency situations. Comm. Lyle asked if the agreement would have any bearing on our insurance. City Manager Burgess stated he didn't peleive that it would. Comm. Hager moved to approve the proposed agreement. Comm. Cook seconded, and the vote was unanimous. 1 REQUEST BY MR. NATHAN DYKGRAAF FOR PERNISSION TO SELL AND SERVE \..lINE AND BEER TO BE CONSUMED ON THE PREMISES - GANE TOWNE PIZZA - 1575 MAGUIRE ROAD. Comm. Lyle moved to approve the request, Comm. Rodgers seconded and the vote was unanimous. THE SCOUT FAMILY BOOSTERS. REQUEST TO USE THE MAGUIRE HOUSE BY BOY SCOUTS. . Mrs. Frank Doran, Scout Family Boosters, asked the Commission for the three adjoining rooms on the second floor of the Maguire Home. Mayor Ison stated the home needed to be repaired and renovated before anyone could use the home. Mayor Ison added the back stairs are usually roped off, and the power is turned off. Mayor Ison suggested the little building behind the Maguire home, for a Scouts'Meeting Place; presently the Fire Dept. is using the building for drilling. Chief Stosnider stated the building is not safe. the building needs to be completely rewired. Mrs. Doran stated they had plenty of willing helpers. Mayor Ison stated for them to come on May 31,'84 at 7:15 and look at the building. ANNEXATION PETITION #84-2 (1.4 ACRES) LOCATION: SOUTH SIDE OF WURST ROAD IN 1500 BLOCK APPROVAL FIRST READING. j i -~'. ~, Comm. Hager moved to read the petition by title only, Comm. Cook seconded. and the vote was unanimous. Comm. Lyle asked why the Commission is doing anything CITY COMMISSION MEETING MAY 15, 1984 PAGE 4 e concerning the property with the moritorium. Mr. Ken Griffin, Assistant City Manager, stated the Planning & Zoning Board pointed out that no water would be available until after the moritorium. City Attorney Rhodes stated by reading the annexation petition the first time the published announcement has to be made. Comm. Hager withdrew his motion. Comm. Lyle moved to table the annexation petition until after the moritorium was lifted, Comm. Rodgers seconded and the vote was unanimous. ANNEXATION PETITION #84-4 (25 ACRES +-) LOCATION: NW CORNER OF MAGUIRE RD. AND SR 50 APPROVAL AND FIRST READING. Mr. Ken Griffin, Assistant City Manager, stated the Planning & Zoning Board was not in favor of partial zoning to R-3 of the North acreage for apartments. Comm. Rodgers moved to read by title only, Comm. Hager seconded, and the vote was unanimous. Mayor Ison stated the second reading will be June 19, 84. MRS. DIANE LAURIDSEN, 1011 ARIZONA CT. - REQUEST FOR AN EXCEPTION TO CHAPTER VI, SECTION I, APPENDIX A (ZONING) HOME OCCUPATIONAL REQUIREMENT. Comm. Lyle moved to deny Mrs. Diane Lauridsen's request for exemption from the Home Occupational Requirement, Comm. Rodgers seconded and the vote was unanimously in favor. REPORTS/INFOR}~TION - CITY MANAGER BUILDING OFFICIAL APPOINTMENT e City Manager Burgess stated the man he had picked for the position was presently working as an inspector, was willing to work for the salary offered, has worked for two other cities in the past, and he has been an independent contractor. City Manager Burgess stated the beginning salary is $19,026.00. City Manager Burgess stated he now holds Plumber, Pool, Electrical, and a Contractor's License. Comm. Rodgers stated if City Manager Burgess thought that he was the right man for the job to hire him, and get on with it. City Manager stated he tho~ght this man was right. PROPOSED RECOGNITION DAY FOR MR. WOOD AND MR. HURST - JUNE 9, 1984. Comm. Rodgers stated he will be out of town for that week. Comm. Hager stated Mr. Hurst worked for the City for eight years, and he ought to get severance pay. Comm. Hager moved to give Mr. llurst severance pay, one week for each year served, Comm. Lyle seconded and the vote was unanimous. City Attorney Rhodes stated Mr. Hurst was exceptionally good at interpreting the zoning Ordinances. APPOINTMENT OF CITY ENGINEER I . City Manager Burgess stated the City ought to appoint a City Engineer, since Mr. Kurht resigned as of 5-9-84. Comm. Rodgers stated the Engineering Firm ought to declare who their clients are so the City doesn't have conflict of interests. City Manager stated that would be one of the requiremen~set. Comm. Hager stated the City should find a firm within Orange County as they charged for traveling time also. City Manager stated there is about $5,000.00 in the budget this year for a City Engineer. FUNDING GUIDANCE - DAMAGE REWARD PROGRAM - ORDINANCE # 784. CITY COMMISSION MEETING MAY 15, 1984 PAGE 5 e City Manager Burgess asked the Commission for guidance on which budget account to take the money out of. He stated there was a $1,000.00 cap. The consensus of the Board of Commissioners was if and when there was ever a need for the money that City Manager Burgess should take it before the Board at that time. BIDS TO RESURFACE STREETS AND SIDEWALKS. City Manager Burgess read the bids aloud. 1. Edwards Concrete Co., Starke Lake Cir. For 7,279 feet of removal and completion -- $72,000.00 2. C & L Concrete Co. Apopka, For 7,279 feet of 4' wide sidewalk, removal & completion, no landscaping $38,500.00 3. Adams Bros., Apopka, For 7,279 feet of sidewalk, removal & completion, three months to start. $54,515.50 Paving: 1. West Asphalt Paving Inc. Leveling Courses; $2.45/yard Overlay 1" type 1 $2.70 Priced per street -- no total. e 2. Orlando Paving Co. Leveling $39.30 per ton -- Overlay $2.25 per sq. yd. 3. JMJ Paving Co., Winter Garden, Leveling $43.00 per ton -- Overlay $2.30 per sq. yd. Comm. Hager moved to table, the bids would be called back by City Commission, Comm. Cook seconded and the vote was unanimous. Comm. Rodgers asked about getting water improvements first. City Manager Burgess stated the 4 cent Orange County optional and the 8th cent Gasoline Tax, must be used for streets by law. CO-SPONSOR ORLANDO TWINS BASEBALL TEAM Mr. Ken Griffin, Assistant City Manager, explained that a Margaret Bailey had called City Hall and asked The City of Ocoee if we would be interested in co-sponsoring the Orlando Twins for $50.00. In return for our money the City would receive 100 tickets to the game on June 27 or June 28th, and have our name in the program. Comm. Lyle moved to co-sponsor the team for $50.00 and receive 100 tickets, Carom. Hager seconded and the vote was unanimous. Comm. Hager stated to take the money out of the Mayor/Commissioner fund. CITY ATTORNEY e City Attorney Rhodes received proposed franchise agreement from the Cable Co. He stated they would like to proceed by June 1st. Comm. Lyle stated the franchise fee will apply to any revenues generated. The consensus of the Commission was to have a workshop scheduled on June 5, 84 at 7:00 p.m. before the regular City Commission Meeting, which is at 7:30 p.m.. COMMENTS FROM CITIZENS/PUBLIC e e . CITY COMMISSION MEETING MAY 15, 1984 PAGE 6 No comments were made. COMMENTS FROM CITY COMMISSIONERS Comm. Lyle asked about the water line on A. D. Mims Rd.. City Manager Burgess stated the line is in part of the way. Comm.Lyle said he would like to put it before the Board to send a letter to Wayne Rich and tell him that the Board entertains the idea of getting those water lines in as soon as possible. City Manager Burgess stated the City received a letter from Department of Environmental Regulation, DER, St. Johns River District, stating that they were concerned as to whether our water had been contaminated, when Well #3 had run into critical condition with the water supply. Mr. Burgess assured the Commissioners that the only way the water would have been contaminated is if the water pressure dropped, which it did not. The water lines, however, maintained 35 lbs. of pressure all the while. Mayor Ison informed the Commissioners that the West Orange Mature Citizens have purchased a piano and have it set in the Community Center, also they invited the Mayor and the Commissioners to come and have desert with them at the Community Center on Thursday the 17th, at 7:00 p.m.. Comm. Hager stated the carpet needs to be cleaned badly, in the entrance of the Community Center, also the walls need to be repainted. Mr. Griffin, Assistant City Manager stated the City has attempted to match the paint to clean up the walls, but have not been successful. Also, the City has had two professional cleaners in there to clean the carpet but it is just stained beyond cleaning. Comm. Lyle stated to get prices for carpet after it gets painted. Comm. Lyle moved to adjourn the meeting at and the vote was unanimously in favor. ~C072 HLnded. Mayor ATTEST: ,,:J0JrJYUi ~ Deputy Clerk