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HomeMy WebLinkAbout06-05-84 . . . MINUTES OF THE REGULAR SCHEDULED COMMISSION MEETING HELD JUNE 5, 1984. Present: Mayor Ison, Commissioners Hager; Lyle; Cook; and Rodgers, City Manager Burgess, City Attorney Rhodes, and Deputy Clerk Louloudis. Absent: None CALL TO ORDER Mayor Ison called the regular scheduled Commission Meeting to order at 7:31 p.m.. Mayor Ison then led those present in prayer, and in the Pledge of Allegiance to the Flag. APPROVALS OF THE MINUTES Mayor Ison stated he would like to take the time to share two letters that were sent to the City of Ocoee. One was from Mr. & Mrs. Roy Mathiasen, who stated they were surprised to receive a check for $25.00 as a refund of their water deposit. The letter stated they appreciated everything the City of Ocoee has done for the Mature Citizens and they wanted to return the $25.00 check as a symbol of their appreciation. The second letter was from Andrea A. Ruff, Attorney at Law, who stated she personally wanted to thank Detective Collison, and Detective Simmons for their outstanding efforts in the bankruptcy cases of Jackson Metal Products, Inc., and Jackson Metal Works, Inc. MINUTES OF THE REGULAR CITY COMMISSION MEETING OF MAY 15, 1984. Comm. Cook moved to dispense with the reading of the minutes, Comm. Rodgers seconded, and the vote was unanimous. Comm. Hager moved to approve the May 15, 1984 minutes as written, Comm. Cook seconded and the vote was unanimous. CODE ENFORCEMENT BOARD MINUTES OF MAY 14, 1984. BOARD OF ADJUSTMENTS MEETING OF MAY 22, 1984. Mayor Ison stated that both the these minutes were for information only. MINUTES OF THE JOINT WORKSHOP MEETING OF MAY 22, 1984. Comm. Cook moved to dispense with the reading of the minutes, Comm. Hager seconded, and the vote was unanimous. Comm. Cook moved to approve the minutes of May 22, 1984, Comm. Hager seconded and the vote was unanimous. Mayor Ison stated there would be no Joint Workshop with Planning & Zoning & the Board of Commissioners this month\ (June). OLD BUSINESS GROUP "w" - CABLEVISION - FRANCHISE RENEWAL AND SALE OF CABLE TELEYISION. Mr. Jay Doud, 413 N. Lakeview, Winter Garden, District Mauager of Group "w" Cable, stated he would make the corrections ~o t!he agreement as dis-. cussed in the workshop, and he didn't feel there would be a problem with the changes. Comm. Hager moved to instruct City Attorney Rhodes to III '1\ V llll mill! III u l~ ~-\lillll 'I' II'W JUNH 5.1904 PAGE 2 . make the corrections discussed and get the Ordinance in final form by the next meeting. Comm. Cook seconded and the vote was uanimous. LAKES PEACH AND MOXIE DRAINAGE - PHASE II, A AND B, DON GRAHAM. . Mr. Don Graham, Engineer from Gee & Jensen Engineers, Inc., stated at the last meeting he attended, the Commission agreed to submit to DER and see if they would agree on the criteria for the permitting and installation of the flood control plan. Mr. Graham stated DER is concerned about the water: quality problems existing prior to discharge of runoff to Lakes Peach & Moxie. The retension system installed there is not functioning at this time, and DER is aware of that. DER has requested that a plan be submitted to correct the problem, prior to permitting for the discharge of runoff of Lakes Peach & Moxie. Mr. Graham stated DER will not issue a permit to connec t Peach, Max ie, S ta rke Lakes un t il we submi tap Ian tto c lean up the water quality before it gets to the other lakes. The storm water drainage systems would store the first half inch of run off and allow, ~ t to b leed~in to the l~aW.e-s.'wi thin seven ty-two hours. Mr. Graham stated the way the drainage is set up now we will never have a functioning system. Mr. Graham stated he would recommend if we get into this plan, he would prepare a plan that would reduce erosive velocities from the pipe discharges prior to getting into the retension areas, and rebuilding the retension areas. Mr. Graham stated to prepare the plan, submit to DER for permit~ will cost $4,900.00. Hp. rlid not have an estimate as yet for the cost to correct tne problem. Comm. Rodgers asked Mr. Graham if he has checked into pumping Lakes Peach & Moxie into the open ditches directly west, which eventually dump into Lake Apopka. The ditches are a natural filtration system. Mr. Graham stated if there is enough capacity in those ditches to handle the pump discharge without too much modification, :It may be a viable solution. Mr. Graham stated you must con- sider pumping the discharge when it is raining, & find ou t if the di tches have I that capacity. Comm. Rodgers & Comm.Lyle agreed they wanted tne idea explored further. Mr. Graham stated the $4,900.00 is to prepare ~ preliminary plans for Lakes Peach, Moxie, & Starke, to prepare and submit applications to DER, and correspond with DER on the permit. Mr. Graham stated he will do a feasibility study, and keep the cost down on the research of the idea. Carom. Rodgers moved to appropriate $4,900.00 to go with Phase II Part B, Comm. Lyle seconded, and the vote was unanimous. The funds will be taken out of Federal Revenue Sharing - paving & drainage. PETITION 84-2 MR. NORMAN DAULT 1.4 + ACRES ON WURST ROAD. . Mr. Dault requested the Commission reconsider the annexation and submit to the County to have the zoning moritorium lifted on the property. The buyer will not need City services for at least one year, Mr. Dault assured. Mr. Dault stated the property is now zoned A-l in the County. Comm. Lyle moved to lift the City's annexation moritorium on this one piece of property, as a I one time shot, based on long -range development which would not require any immediate services. Mr. Rhodes stated the motion is legal, Mr. Rhodes stated we need a motion to take the property out from the moritorium, and start the annexation proceedings, but the proceedings I --------=..4 CITY COMMISSION MEETING JUNE 5, 1984 PAGE 3 . should not start until we have something in writing indicating they understand the limitations on water service. Comm. Lyle asked to have his motion reworded to read: Comm. Lyle moved to remove this piece of property from the moritorium, the legal description on the Ordinance, and accept the recommendations of the Planning & Zoning Board that we annex this property into the City of Ocoee with a C-2 zoning, and execute a separate agreement with the buyers of the property, that water services will not be available until the moritorium is lifted on this property. City Mgr. Burgess pointed out that this is contract zoning and it is against the law. Comm. Cook seconded. Comm. Lyle stated he realized by wording his motion, we annex this property into the City with a C-2, did not change the zoning of the property. Comm. Rodgers reminded the council that C-2 is heavy commercial, and there is residential property around the area. Comm. Rodgers and Comm. Hager voted nay, Comm. Lyle and Comm. Cook voted yeh, with the Mayor voting in a tie, Mayor Ison cast an affirmative vote, therefore, the motion carried. RESOLUTION PLANNING & ZONING RE: TIME PLANNER. RECOMMENDATION TO HAVE A FULL- . Mr. Burton Smith, a member of the Planning & Zoning Board stated that the Board decided the City needs a Planner to revise Compre- hensive Plan. City Manager Burgess stated to get a full-time Planner on staff would cost about $20,000.00 - $22,000.00 salary, with four or five years experience.& to hire a consultant just to do the CLUP would cost about $60,000.00. The Planner could consult the Commission and attend all the P & Z Board meetings. Mr. Burgess stated he agreed with P & Z Board, that we would be better off to hire a full-time Planner. Mr. Bur~ess also stated that in the future he would hire a secretary to be shared by the Planner, Building Official, and himself. Comm. Rodgers moved to hire a full-time Planner, Comm. Cook seconded, and the motion was unanimous. The Commission directed Mr. Burgess to find the funds for salary to be able to hire the Planner in mid-J~ly. They instructed Mr. Burgess to prepare a job description and advertisement for the position. LAKE OLYMPIC TOWN HOMES - FINAL APPROVAL - MR. WALTER KUHRT. . Mr. Kuhrt stated he was requesting final approval of the revised plans, which are basically the same plans that were approved in 1980. City Manager Burgess asked about the water line extension. Mr. Kuhrt stated they would complete the looping back to Sleepy Harbor, & stub out with a valve at the "T". The "T" would be on the west side bringing the line east from present stub out to the opposite side of the driveway. Mr. John Cockrells Water Super- intendent, recommended the stub out extend approximately 400 feet out t3 the end of the property which would leave a key for water if we annexed the next property. Chief Strosnider stated we could put a fire hydrant at the end of the 400 feet stub out as there are two homes out there presently with no fire protections that are in City limits. Comm. Lyle stated he felt the user pays theory was best, not to make this developer put 400 feet of line in the ground for really no purpose. City Manager Burgess stated the City desperately needed to get a check list of requirements set for every developer, so each will know what we ~ ~ -- C 1 '1' Y COM M \ H H H) N M II: we 1 N d JUNK 5, 19B4 PAGE 4 e~pect from them, in the beginning. Mr. Kuhrt stated they have adhered to all set backs, p~ve sufficient methods to handle the drainage and run off. He agreed that a satisfactory description of water mains, sanitary sewer, etc. be provided to the City based on plans. Comm. Hager stated the City does not maintain water lines on private property. Comm. RQdgers stated he felt since those primary lines running through the subdivision were going to be part of a master loop, the City should have control over them, and therefore maintain them. Mr. Kuhrt stated he would not approve the subdivision until the City had 'as built" plans. Comm. Rodgers stated the easements should be dedicated to the City, it can be set up in writing, five feet on either side ofl/as built" plans for lines. Comm. Rodgers stated the City should have 100% control over the water system of Ocoee. The consensus of the Board of Commissioners was as follows: Final approval is subject to the following: 1. An easement.af five feet oneither _side of the line, at all points of the water line, up. to & incll;1ding the meter(s). 2. The line being stubbed out at the east side of the driveway, with the valve at liT". 3. We are responsible for primary lines or lines 6"or larger. Comm. Lyle moved to accept the engineering plans subject to a developers agreement, between the City and the developer which addresses the utilities, easements, maintenance, streets, and subject to Michael Sims letter of May 25, 1984. Comm. Rodgers seconded and the vote was unanimously in favor. Comm. Lyle pointed out that no building permits would be issued until the developers agreement was in and signed. AGREEMENT - RAILROAD CROSSING - SEABOARD RAILROAD SYSTEM. Comm.' Lyle moved to accept the agreement and instruc ted Mayor Ison to execute the agreement, Comm. Hager seconded and the vote was unanimous. Mr. Kuhrt gave an update on the Forest Oaks Water Plant. Mr. Kuhrt stated they have increased the flow from the 10" Well from 800 g.p.m. to 1200 g.p.m., and they are awaiting water quality reports from DER. Mr. Kuhrt stated it will take about 150 days. Mr. Kuhrt then stated if there was anytning he could do to assist the City in hiring another Engineer, just call. Mayor Ison stated we may want Mr. Kuhrt to interview the final candidates. APPOINTMENT - MERIT SYSTEM BOARD. City Manager Burgess stated the Board needed to nominate five members and one alternate for the Merit System Board. Comm. Lyle nominated Marvin Sanders, Comm. Cook nominated Jim Swickerath, Comm. Rodgers nominated M. E. Vrame, Comm. Hager nominated John Bateman, Mayor Ison nominated Newjy Breland, and Comm. Cook nominated Pat Bond as an alternate. Comm. . --- . . CITY COMMIYYIUN MKKTINU JUNE 5, 1984 PAGE 5 Rodgers moved to appoint each of the above nominated persons to the Merit System Board, Comm. Cook seconded and the vote was unanimously in favor. PLAT APPROVAL - THE PINES - R-1-A, 11 LOT SiD City Manager Burgess informed the Board that the engineer has not completed the plat as yet. Comm. Lyle moved to table the subject until it is all together and in final form. Comm. Hager seconded and the vote was unanimous. PETITION 84-3, BOARD OF ADJUSTMENT RECOMMENDATION FOR A VARIANCE TO SUBDIVISION QRDINANCE FOR THIRTY FOOT ROADWAY AT NORTH END OF KISSIMMEE AVE., MR. SAM HODGE. After much discussion, Comm. Hager moved to table the subject to allow the City Attorney to do research, Comm. Cook seconded and the vote was unanimous. REPORTS/INFORMATION CITY MANAGER BURGESS BID COMPUTATION - SIDEWALKS AND STREET RESURFACING. City Manager Burgess read off the three ;bids received for the sidewalks. 1. C & L Concrete 4' wide; 7,279 feet, $38,500.00, also known as Quality Concrete, Inc. 2. Edwards Concrete; 4' wide; 7,279 feet; $72,000.00. 3. Adams Bros.; 4' wide; 7,279 feet; $54,515.50. Comm. Lyle moved to accept the low bid from C & L Concrete of $38,500.00, Comm. Cook seconded and the vote was unanimous. City Manager Burgess read off the three bids received for the resurfa.cing. 1. Orlando Paving; Leveling $57,629.54; Overlay $133,445.25. 2. Jackson; Leveling $62,911.15; Overlay $136,410.70 3. West Asphalt Co.; Leveling $71,681.45; Overlay $160,134.30. Comm. Rodgers moved to accept the low bid from Orlando Paving Co., Comm. Lyle seconded and the vote was unanimous. Comm. Rodgers suggested to have a sign following the paving crew stating the gas tax money is being used to do the paving. RESIGNATION OF MR. ROY L MATHIASEN - FIRE AND BUILDING TRADES BD. City Manager Burgess explained to the Commission that he received a letter from Mr. Mathiasen regretfully resigning from the Fire and Building Trades Board. Comm. Rodgers moved to nominate Mr. Burton Smith, who accepted the nomination, Comm. Cook seconded and the vote was unanimous. " . FOREST OAKS WATER PLANT. City Manager Burgess stated as Mr. Walter Kuhrt had stated earlier, we were awaiting the water quality reports from DER, and 16" Well completion, which will take about 120 to 150 days. CITY COMMTSSTON MF.F.TTNG JUNt: .), 1984 PAGE 6 . WORKSHOP - WATER SYSTEM EXTENSION POLICY. Mayor Ison set the workshop for June 21, 1984 at 7:30 p.m.. TEE PEE LUMBER CO. - DRAINAGE, FENCE AND OCCUPATIONAL LICENSE. City Manager Burgess stated that he had a meeting to attend on June 6, 1984 at 2:00 p.m., with TeePee and their attorney. Comm. Hager stated they knew they had to fence their retension pond. City ~anager Burgess informed the Board of Commissioners that we had discovered that Tee Pee Lumber did not have a current Occupational License. BOARD OF ADJUSTMENT RECOMMENDATIONS. Comm. Rodgers took the recommendations of the Board of Adjustment and moved to approve Mr. Dickerson, and Mr. Goff to the Board of Adjustment, Comm. Hager seconded and the vote was unanimous. Comm. Rodgers moved to appoint Jim Kempher as an alternate for the Board, subject to his acceptance, Comm. Hager seconded, and the vote was unanimous. COMPUTER - REQUEST FOR PROPOSALS. . City Manager Burgess requested permission from the Board to send out "Requests for Proposals" to Companies for a computer. Mr. Burgess told the Board that he. Mr. Poston, and Mr. Griffin. have been looking and seeing a-lot of demonstrations, and had a good idea of what was available and what they were looking fo~. Mr. Burgess stated the cost would be approximately455 t~56 thousand. Mr. Burgess stated he was looking to put utility billing, payroll, personnel, budget, ledgers and expenditures, and accounts payable. and receivable on the computer. Comm. Rodgers moved to get the proposals, Comm. Cook seconded and the vote was unanimous. Comm. 'Lyle recommended we get a system large enough to add on to. and asked for a proposal request to ATTIS. City Manager stated he would comply. CITY ENGINEER - REQUEST FOR PROPOSALS. City Manager Burgess stated he has an ad coming out in the Sentinel on June 10, 1984, and an ad in the Times. He stated he has also sent the letter to local firms. City Manager suggested the Board appoint a committee to screen the applicants down to three or four to come before the Board for a final decision. The Committee appointed is Mr. Mike Sims, Mr. Walter Kuhrt, Comm. Rodgers, and City Manager Burgess. City Manager stated the screening will take ~U~ approximately ten to twelve days. PRIMA VISTA UTILITIES FRANCHISE AGREEMENT. i. ~ . .. M~yor Ison stated Prima Vista did not give the City of Ocoee anything in the agreement proposed. Mayor 1son clearly stated he was disappointed in the agreement. The .engineering plan will be deemed approved by the City unless we object within thirty days from the day they submit to us for approval. Comm. Hager stated we will give a response before the thirty days are up. CITY COMMISSION MEETING JUNE 5. 1984 PAGE 7 . Mayor Ison stated after one year of negotiating there is nothing in the agreement that is good for the City of Oeoee. Comm. Rodgers asked if the City of Ocoee really needs an agreement. He asked what would happen if we refused to negotiate or sign any agreement? City Attorney Rhodes stated Prima Vista would seek to enforce the 1981 agreement, they would be sucessful in plans with the Hwy. 50 corridor. Mayor Ison asked about the future use clause in the 1981 agreement. City Arty. Rhodes stated they would have to be certificated. Comm. Rodgers asked if the City of Ocoee declared the 1981 agreement null and void, and do not sign any other agreement, what would happen? City Attorney Rhodes stated we might win the litigation. Comm. Rodgers stated that if were going to go with a private system, stop now wich Prima Vista, use the power the City has, and let this situation get competitive with other private sewer companies. Mayor Ison stated he totally agreed to make it competitive. Comm. Rodgers moved to dispose relations with P~ima Vista totally, and refuse to honor the 1981 agreement trom this day forward, and cease any negotiations with P. V. in reference'~o an agreement. Comm. Cook seconded, Comm. Rodgers; Cook; and Hager voted yeh, Comm. Lyle abstained. The motion carried. City Attorney Rhodes informed the Board of Commissioners that he was directed to file a pleading with P.S.C. to withdraw our objection. Atty. Rhodes stated he did file it, but it seems that there is a mix up as the same objection got filed in two applications, the area they are now serving, and the Hwy. .50 corridor. City Atty. Rhodes stated he must refile the pleading, unless the Commissioners direct him to do otherwise. Comm. Hager stated Prima Vista gets what they are now servicing plus the Highway 50 corridor. City Atty. Rhodes was directed to re-file the pleading with the P.S.C.. '. ~. CODE ENFORCEMENT BOARD - APPOINTMENT OF MEMBERS - EXPIRED TERMS. City Manager Burgess informed the Board of Commissioners that Mr. R'ichard Garlington's 'term, and Mr. Bob Coleburn's term had expired. Mr. Garlington has not been reached, and all we could find out is that he has moved out of the City. Comm. Lyle moved to nominate Mr. Frank Carlson to replace Richard Garlington, tilt-e_ to his moving outside the City limits, and reappoint Mr. Bob Co1eburn, Comm. Rodgers seconded, and the vote was unanimous. CROWN POINT APARTMENTS - WATER SYSTEM EXTENSION. i. ~ City Manager Burgess stated he had the agreement in front of each Commissioner, and Mr. Bill Holland wants to get things going. Mr. Burgess also stated there would be a problem with financing the $37,500.00 over a period of three years. City Atty. Rhodes stated the only way he could see it was the City was borrowing money, and the government dictates weoan n~t have any financial obligations over a period of twelve months. C~lY Atty. Rhodes stated he would like to see the right-of-ways obtained before the agreement is signed. Comm. Rodgers stated he would like to have written in the agreement that they will furnish lias built" plans as to where the easements, water lines, and etc~ are instead of proposed. City Attorney Rhodes stated he will add that in to the agreement. Mayor Ison stated we would just change the financing to 12 months, the Commissioners agreed. J CITY COMMISSION MEETING JUNE 5. 1984 PAGE 8 BACKUP WELL #3B ON JAMELA - REPAIRS. . City Manager Burgess informed the Commissioners that the City had about a $3,200.00 repair job to do on the backup well #3B. We need to repair the motor and do some electrical work. We will take the money out of Capital Outlay Budget, $51,972.00 budgeted. Meredith has agreed to do the work for $3,200.00, Mr. Burgess stated; this will increase the Well's capability to 500 g.p.m.. FIRE STATION #2 Chief Strosnider stated he was completely satisfied with the plans, and he had room for expansion. City Manager stated we have $93,300.00 budgeted. Chief explained that the proposed fire station has two bays, no flat roof. Comm. Rodgers asked if we can contract it out in phases, to stay away from the Davis/Bacon Act, get bids in, and get going on this thing. Comm. Rodgers then stated to reallocate the $93,000.00, of Federal Revenue Sharing money. Mayor Ison asked about the site plan, where the bays should be faced. After some discussion, Mayor Ison asked to see a site plan. CITY ATTORNEY City Attorney did not have any comments. . COMMENTS FROM THE PUBLIC/CITIZ~NS Mr. Gene Dickerson stated he was glad to see that Prima Vista were going to dance to our tune, it was about time. COMMENTS FROM CITY COMMISSIONERS. Comm. Rodgers stated the ~ecreation Dept. needs three boys to work from 6-18-84 through 8-20-84, for summer help. The boys will be paid minimum wages, which will 'be approximately $4,000.00 in total. Comm. Rodgers moved to approve the hiring of these boys for summer h~lp, Comm. Cook seconded, and the vote was ananimous. Comm. Hager stated he received a complaint about the Cross Country Motors sign on Story Road. City Manager stated that the intersec- tion had a problem with the traffic light itself, as the light won't trip unless you pull up right under the light. ~- Comm. Hager stated the ditch across from his home had weeds grown up in it and it was creating a mosquito problem. Mayor Ison stated there would be a meeting Thursday, June 7, 84 about the Maguire House. He also stated all the Commissioners were invited to attend. . Assistant City Manager Griffin stated the City Party was Saturday June 9, 1984. . . . CITY COMMISSION MEETING JUNE 5, 1984 PAGE 9 Mayor Ison stated on Friday. June 8, 1984, all 7th, 8th, and 9th grade kids were invited to attend a celebration at the Community Center which would be chaperoned, and refreshments would be supplied. Comm. Cook moved to adjourn the meeting at 12:17 a.m., Comm. Hager seconded, and the vote was unanimous. :1L ~ ~ Mayor ATTEST: . ~ ' ~vuJ: ~ Deputy Clerk - ... .-.!