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HomeMy WebLinkAbout10-16-84 MINUTES OF THE REGULARLY SCHEDULED COMMISSION MEETING, OCTOBER 16, 1984 e PRESENT: Mayor Ison, Commissioners Rodgers, Cook, Lyle, Hager and City Manager Griffin, Deputy Clerk Jones CALL TO ORDER: Mayor Ison called the meeting to order at 7:31 pm. Mayor Ison then led those present in the prayer and the Pledge of Alleg- iance to the Flag. APPROVALS: The Commission acknowledged the receipt of the Planning & Zoning Board and Board of Adjustment's minutes. Commissioner Rodgers made a motion to dispense with the reading of the October 2, 1984 Commis- sion meeting minutes. The motion was seconded by Commissioner Cook and the vote was carried unanimously. Commissioner Hager motioned to approve the minutes as typed and distributed, the motion was seconded by Commis- sioner Cook and the vote was carried unanimously. PRESENTATIONS: Trick or Treat will be celebrated on Wednesday, October 31st, 1984. . Daniel Webster from the House of Representatives dropped by to discuss some of the City's concerns about the highways. He stated that the De- partment of Transportation will be resurfacing Highway 50 from Highway 545 to Hiawassee, east to Highway 435, starting next month. Resurfacing from 435 to Lake County will be coming up next year. Resurfacing from Silver Star Road to Hiawassee is also on the department's schedule. New signalization at Highway 50 and Maguire Road is not in the plans right now. Mr. Webster said he too was concerned with this intersection and he wants to get the District Engineer to come in and go over that and several other proposed signalizations. Commissioner Rodgers com- mented on the new concept in resurfacing which is recycling to resurface. He said that this was worse than doing nothing at all. The roads are rough, ridgy and have many potholes. Mr. Webster said he had also questioned this procedure. He has set up a policy to hold the decision makers responsible and accountable for these decisions. A citizen from the audience commented abouth the D.O.T. crews. He said that it concerns him to see 8 to 10 workers on a job, 2 working, 8 watching. He said if these men were not needed on this job, why weren't they sent to another job. Mr. Webster agreed that this does happen and too often. He has proposed a Bill to allow the Secretary of D.O.T. to make decisions about dismissals and delegating of authority. He stated that it is not the problem with the worker holding the shovel, but the person who sent 10 workers to do a 2 man job and this is the person that needs to be held accountable. OLD BUSINESS: ~ Ordinance - Amend 710; re: placement of Security Trailers, Second Reading, Public Hearing. The amendment was for annual renewals of these licenses. The licenses will run from December 15 of current year to December 14 of the next year. Commissioner Hager motioned to read by title only, Commis- sioner Cook seconded the motion and the vote was carried unanimously. The City Manager read the Ordinance aloud, by title only. Commissioner Lyle motioned to approve the Ordinance, Commissioner Hager seconded the motion and the vote was carried unanimously. PAGE 1 MINUTES OF THE REGULARLY SCHEDULED COMMISSION MEETING, OCTOBER 16, 1984 . OLD BUSINESS: cont. Proposed Ordinance for Animal Control, First Reading: Commissioner Hager asked who was going to be responsible fon picking up dog!", when needed. City Manager responded by saying that the Ordinance would permit Orange County to come in and pick up dogs, but that the City and Police Officers would also be permitted, when needed to pick up dogs. Commissioner Hager also wanted to know if a Police Officer could be held liable for disabling a mad dog. The City Manager stated that the Ordinance gives a Police Of- ficer the authority to disable a mad dog if needed. Commissioner Lyle wanted to know how these rules were going to be enforced. The City Manager stated that the County will be able to come in and enforce these rules when we have an Ordinance permitting them to come in to the City. Citizen, John Linebarrier commented on dogs barking all night, when the Police are called they respond by saying that there is nothing they can do, he wants to know if this Ordinance will allow the Police to handle these type situa- tions. The City Manager confirmed that yes. this Ordinance will allow Police Officers to handle barking dogs. wild dogs and stray dogs. Commis- sioner Cook motioned to read the Ordinance. First Reading by title only. Commissioner Rodgers seconded the motion and the vote was carried unani- mously. The City Manager read the Ordinance aloud by title only. . Proposed Oridinance for Occupational Licenses; First Reading: After much discussion the Board decided to make a few amendments to the Ordinance before approval. The Auctioneer fee will be amended to $100.00, Tax prepa- ration will be amended to $50.00. Section 19. page 6 will be amended to read that when a business sells wholesale and retail that only one license need be purchased. The business may make separate or combined inventory reports for wholesale and retail business. Commissioner Rodgers motioned to read the Ordinance by title only. Commissioner Cook seconded the motion and the vote was carried unanimously. The City Manager read the Ordinance aloud by title only. Proposed Ordinance for re-zoning to C-l of property at Bluford and Lafay- ette, belonging to Mr. Colvin: Mr. Colvin's father was present at the meeting. After discussion Commissioner Hager moved to table the ordinance until the staff can find out if the building can be used for the proposed business. There were questions about parking and restroom facilities, these questions must be answered before the Commission can take any stand on this. Commissioner Rodgers seconded the motion and the vote was carried unanimously. Resolution authorizing conditional use/special exception for day care center in C-2 zoning; Jim Sills, owner: Commissioner Lyle motioned to read the Resolution in its entirety. Commissioner Cook seconded the motion and the vote was carried unanimously. The City Manager read the Resolution aloud in its entirety. Commissioner Lyle motioned to approve the Resolution, Commissioner Cook seconded the motion and the vote was carried unanimously. . Ordinance - Annexing road right-of-way on Maguire Road from North of Hwy 50 to Southeast of Kissimmee Ave. Second Reading, Public Hearing: Commissioner Hager motioned to read the Ordinance by title only, Commissioner Rodgers seconded the motion and the vote was carried unanimously. The City Manager read the Ordinance aloud by title only. Commissioner Rodgers motioned to approve the Ordinance, Commissioner Lyle seconded the motion and the vote was carried unanimously. PAGE 2 MINUTES OF THE REGULARLY SCHEDULED COMMISSION MEETING, OCTOBER 16, 1984. . OLD BUSINESS: cont. Proposed Ordinance for annexing properties on Bluford from Maine Street South to Highway 50, First Reading: After much discussion in regards to Railroad right-of-way, Commissioner Lyle motioned to read the Ordinance by title only, Commissioner Rodgers seconded the motion and the vote was carried unanimously. Ulay Thompson spoke to the Board and expressed Stuckey's willingness to work with the City. All parties involved have expressed willingness to work with the City. The City Manager read the proposed Ordinance aloud by title only. Proposed Ordinances for annexing the following parcels owned by Emmett Harper: Parcel 79, First Reading; Parcel 85. First Reading; Parcel 48. First Reading: The attorney suggested that the Commissioners pull the Ordinances from the agenda because the City Planner was not present and there are questions on zoning. Mayor Ison stated that he had several concerns, one being that these lots are undersized and two being a house located on the corner of Ocoee Hills road. the house is run down and he doesn't feel the City needs an eyesore. the house should be leveled be- fore the Commissioners even consider annexing. Commissioner Rodgers stated that those are the very reasons that he wants to deal with each of these parcels separately. Commissioner Rodgers moved to table the proposed Ordinance. Commissioner Hager seconded the motion and the vote was carried unanimously. e RECESS: The Mayor called for a recess at 9:15. The meeting reconvened at 9:30. OTHER BUSINESS: Report on Lyle Street - The City Manager told the Commission that it will take some time before they can take any action on this matter. Legal counsel has advised surveying. plats. aerials, etc... be done so that the Commission will have an accurate picture of the status of Lyle Street. 500 acres zoned PUD. The City Manager stated to the Commissioners that they had received a proposed Ordinance in their packets. not on the agenda regarding rezoning the 500 acres in the North part of the City currently zoned PUD. All Commissioners were in agreement to get the property out of PUD zoning. Commissioner Lyle motioned to direct the City Attorney and Staff to work on getting this 500 acres out of PUD zoning and bring before the Board step by step instructions on how to proceed legally. Commissioner Hager seconded the motion and the vote was carried unanimously. . Royal American Developers - Crown Point Apartments; Bill Holland and City Engineer T. Kelley: Bill Holland was present but asked that the City Engineer explain the situation. A 12" line will be needed in this area rather that the 8" line originally anticipated. This will result in a $23.000.00 increase over the original $75,000.00. The Developer will put $7,500.00 towards satisfying the $23,000.00 increase. The City's additional contribution would be $15.000.00. These new figures will still work out approximately 50/50 between the City and the Deve- loper because the Developer will pay for engineering fees and interest. The 12" lines will not only benefit those in the immediate area. but all that are presently on the system. The fire protection will be improved. PAGE 3 MINUTES OF THE REGULARLY SCHEDULED COMMISSION MEETING, OCTOBER 16, 1984 ~ OTHER BUSINESS: cont. Commissioner Lyle motioned to approve the 12" lines on this project as per the City Engineer~s recommendation. The City will obligated for a maximum amount of $53,000.00, no more. The total price for the project is $98,000. The Developer will pay the full price with the city refunding $53,000.00 on a year's contract, interest free. The Developers cost will be $45,000.00 + $7,000.00 (engineering cost) + any additional cost not anticipated at this time + interest. Commissioner Rodgers seconded the motion and the vote was carried unanimously. NEW BUSINESS: Preliminary commercial subdivision approval for Hardee's Inc. and an un- known bank building; State Road 50. After discussion a motion was made by Commissioner Hager for preliminary approval subject to exceptions: subject to approval os drainage plans, easement for drainage site and retention pond, easement flow from drainage pond to pop off to elevator building site, MSTU set up for maintenance of retention pond, satisfying ingress and egress on and off of the property and ingress and egress to and out of the retention pond. Commissioner Lyle seconded the motion and the vote was carried unanimously. Question was brought up about sign height, and Hardee's will have to comply with the sign ordinance. e Request to dissolve Fire & Building Trades Board: Lyle motioned to have staff draft Ordinance to dissolve the Fire & Building Trades Board, Commissioner Rodgers seconded the motion and the vote was carried unani- mously. Mayor Ison said that he had received a phone call from property owner on the North side of the City, bordering Forrest Oaks, interested if further development in that area. One quarter acre lots with $70,000.00 to $90,000.00 homes. CITY MANAGER: Deputy Clerk Tammy Louloudis gave birth to a baby boy on October 15, 1984. Baby's name is Nicholas A. Louloudis, 8 lbs and 13 oz. Christmas Party, December 22, 1984 at 8:00 pm. There will be a country- western band. Commissioner Lyle motioned to approve the party, Commis- sioner Rodgers seconded the motion and the vote was carried unanimously. Request for approval 60th Anniversary Celebration on May 11 or 12. Commissioner Lyle motioned to approve the Celebration and directed the City Manager to make the plans. Commissioner Cook seconded the motion and the vote was carried unanimously. Reminder, Invitation to City Masquerade Halloween Party, October 27, 8:00 pm., Saturday, Ocoee Community Center. Costumes are not a must. e Run-Off Election will be scheduled for November 20, 1984 from 7:00 am to 7:00 pm. Commissioner Lyle motioned to approve the date for Run-Off Election, Commissioner Rodgers seconded the motion and the vote was carried unanimously. PAGE 4 . e e MINUTES OF THE REGULARLY SCHEDULED COMMISSION MEETING, OCTOBER 16, 1984 CITY MANAGER: cont. The City Manager asked the Commission's preference in the selection of trees that the city is purchasing for distribution through out the city. Types of trees selected were Dogwood, Laurel Oaks and Live Oaks. City Manager will find out if the city can get the trees 200 or so at a time rather than the full 1000 at once. Request for purchase of Recreation Department vehicle, FRS funds, approved in budget: All were in agreement to put off the purchase of the vehicle until the new State Contract was in force, the old one has expired. Request for purchase of Building Department vehicle, FRS funds, approved in budget: 1985 four wheel drive Toyota Turce11, $9,400.00. This is $900.00 over budget, but best price out of twelve bids. Commissioner Lyle was against the idea of buying a foriegn made vehicle. Commissioner Hager disagreed saying that most cars are made in bits and pieces in for- eign countries. Commissioner motioned to buy the vehicle and take the $900.00 needed from the continguency fund. Commissioner Hager seconded the motion. Mayor Ison called for the vote. Commissioners Hager and Cook voted in favor of the motion. Commissioners Lyle and Rodgers voted against the motion. Mayor Ison declared the vote a tie, buy the car. COMMENTS FROM CITIZENS/PUBLIC: Ed Nelson, President of W. Orange Girls Club. Mr. Nelson stated that they have been saving money for a long time to build a building for the Girls Club. He is asking for the City to wave building permits. He also asked to hook into the sewer system behind Cookin' Good. This is an unlicensed treatment plant. The City can not promise him this request because it does not know if the treatment plant has the capacity to handle it. Commissioner Cook motioned to wave all building permit fees and hook up fees, subject to the plant having capacity. Commissioner Lyle seconded the motion and the vote was carried unanimously. The Mayor cautioned Mr. Nelson to proceed at his own risk, that we can not guarantee sewer hook-up, he may have to go to above ground septic tanks. CO}lliENTS FROM COMMISSIONERS: Commissioner Cook announced that she will not be running for re-election. She said she has enjoyed her time on the board and feels proud to have been a part of the City Government. Commissioner Rodgers said he is very concerned about the Forrest Oaks Water Plant. Mr. Tom Kelley, Consulting Engineer said that we need to get an independent well expert out at the plant and have him investigate. City Manager, Ken Griffin said that it appears they drilled a well and left a bit in, when they tried to remove it a few days later, it was frozen in the ground. They then poured concrete into the well, eventually the concrete will deteriorate and the situation will be just as it was before. The second well is also not as deep as the City's other wells. There is a third well being drilled to replace the first one that froze in the ground. There is also concern that the ground storage tank is not going to be big enough. The City Manager assured the Commission that he is in daily contact with Mr. Kelley and they are staying on top of this situation. Mayor Ison wants the Owner, Developer and Engineer PAGE 5 . - e MINUTES OF THE REGULARLY SCHEDULED COMMISSION MEETING, OCTOBER 16, 1984 COMMENTS FROM COMMISSIONERS: cont. for this project to appear before the beard to answer some of these questions. Commissioner Rodgers wants a full fledged investigation into this situation for the reasons already mentioned and also a concern about EDB contamination if the depth of the wells is not handled properly. The City Attorney said that he received a letter from the City Manager asking what we could do in the case of breech of contract. The City Attorney said he would research the situation and get back with the board at the next meeting. ADJOURNMENT: Commissioner Hager motioned to adjourn the meeting at 11:00 pm. The motion was seconded by Commissioner Rodgers and the vote was carried unanimously. ~one ~