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HomeMy WebLinkAbout02-05-85 . . . MIRJ'.IES CF 'DIE CITY aHnSSIaNI 1'4ElE'l'DG HEID ~ 5, 1985. ~: Mayor lson, Camnissioners Cox; Rodgers; and Bateman, City Attorney Kruppenbacher, City Manager Griffin, and Deputy Clerk Louloudis. .ABSI!lRr: Camnissioner Hager. awr. m (RJBR Mayor lson called the regularly scheduled Ireeting to order at 7:36 p.m.. Mayor Ison then led those present in prayer and to the Pledge of Allegiance to the Flag. APPJI.D7AI.S Mayor lson pointed out that item "c" on the agenda was for information only. Comn. Rodgers IIDved to dispense with the reading of the minutes frcm the regular Ireeting of January 15, 1985, Corrrn. Cox seconded, and the vote was unaninous. Corrrn. Rodgers rroved to approve these minutes as typed, Comn. Cox seconded, and the vote was unaninous. Corrm. Rodgers IIDved to dispense with the reading of the workshop minutes of January 15, 1985, CarIn. Bateman seconded, and the vote was unaninous. Ccmn. Bateman rroved to approve these minutes as typed, and the vote carried unaninously. Carro. Cox rroved to dispense with the reading of the Special Session Meeting Minutes, Carnm. Bateman seconded, and the vote was unaninous. Corrm. Cox rroved to approve these minutes as typed, Comn. Bateman seconded, and the vote was unaninous. ~ONS MIl ~ONS Mayor Ison read Proclamation 85-2, which proclaiIred February 3 through the 9th, National Boy Scout Week. Mr. Jim Schwartz, Scout Master for Troop 198, was present and introduced same of his boy scouts. The Corrmission awarded Chief L. Turner with a National CriIre Prevention Award. Chief Turner accepted it and thanked the Carrmission. Mr. Joe Stinnett asked the Coomission to donate funds to the YMCA. The City was not asked last year, nor did they donate rronies, but previous years the City donated $250.00. Mr. Stinnett stated the rronies were used to let children part- icipate whose parents could not afford to pay for their participation in the pro- gram. Ccmn. Rodgers IIDved to approve $250.00 for the YMCA, Carnm. Bateman seconded, and the vote was unaninous. om BlSIlNIESS Atty. Kruppenbacher gave an update on the meeting with Prima Vista, Mr. Goodman agreed to drop the individual lawsuits on the officials. Judge Edwards signed the dismissal of the law suits. City Atty. stated he contacted the law clerk and it was also dismissed by a Federal Judge. CorrIn. Rodgers thanked Atty. Kruppenbacher. PKlP(EAL FOR U1Kl<tX.:.L'.lDl OF ~ F2\IL'l'S; SP.RIH; lAKE CIRCIE. Mr. Kelley asked permission to get predesign and cost estimates to rectify the sto:rm drain system in the Spring Lake Circle area. Mr. Kelley stated this was constructed about twelve years ago, and was not done correctly. At present . . . CITY aH<<SSICfi MEEl'll<<.i FEBRllARY 5, 1985 PAGE 2 there are leaks in the stonn drains, these leaks are sucking in the land surrounding, and then washing away down the drainage system. Mr. Kelley stated the City has previously tried grouting out these drains and it did not 'WOrk. Canrn. Bateman rroved to authorize the City Engineer and the City Manager to make the analysis and get the cost estimates to do what is necessary to rectify this situation, CarIn. Cox seconded. Comm. Rodgers asked the City Manager if the City had rronies for this problem. City Manager stated the paving and drainage rronies were for this type of problem. Comm. Rodgers asked if the City has priorities established yet. Mr. Griffin acknowledged that ';lsually the Canmission waits until the third quarter to do its major spending. Camn. Bateman stated twelve years was enough time to have to suffer through this problem for those haneowners. The vote was taken, Carro. Cox, and Bateman voted yeh, and Comm. Rodgers voted ney, the rrotion carried. BllRNT TREE stmIVISICfi, FINAL PU\N API.'RO\1AL Mr. Kelley advised the Comnission that all issues except for the retension pond extension have been resolved. Mr. Kelley recarnnended approval subject to the following: 1. The retension pond configuration is acceptable to the City Engineer. 2. The final plat is revised to reflect the changes. 3. The City has a 15 foot easement, and in addition reserves an additional 15 foot terrporary construction easement for nine rronths. 4 . The water line to the South is extended eight 8 inches, imposing this condition on the developer off site will connect with the other developer to loop the water lines. Mr. Kelley advised that the developer is aware of all these conditions. Ccmn. Rodgers rroved to approve subject I.to 1!:.he City Engineer's' set conditions. Comm. Bateman seconded, and the vote was unaninous. Camm. Rodgers rroved to table the final plat approval, ConIn. Cox seconded, and t.l1e vote was unanirrous. J , SOJ:.l!D' SUBDlVISICti, FINAL PLAN APPlVVAL Mr. Kelley advised that Mr. Solaron decided to get t'WO additional lots from his property, therefore it was a different plan than was approved in the preliminary stages. Mr. Kelley stated if the Ccmnission desired they could have Hr. Solaron start over with the preliminary approval. The developer, Mr. Kuhrt, the engineer, came forward and talked with the Canmission on the changes made. Mr. Kelley recorrnended the retension pond be made larger, and the developer contribute $5,000.00 for the major outfall improvements which will be made on Bluford Avenue. Mr. Kelley stated a haneowners association would be developed to maintain t...l1e retension pond, which does not have to be fenced. Mr. Dermis Solcm:m, 179 Water St. Winter Garden, stated he was not opposed to increase the size of the retension pond, but he was opposed to the $5,000.00 impact fee. Mr. Solorron stated he has contractual aqreements that he must Ireet and wanted final approval, to be able to get started. Mr. Kelley recommended the following conditions. .1 . City Engineer has final engineering approval of the plat. 2. A MSTU (Municipal Services Taxing Unit) be established. 3. A sidewalk be built around the entire developm:mt. 4. A $5,000.00 impact fee be paid at the time permits are pulled. 5. The retension pond be built larger and plans reflect same. Caml. Rodgers stated he wanted the impact fee to be consistent. ~1r. Bruce Beatty asked about the usual 5% recreation contribution. The 5% is based on the purchase price of the land, which in this case was $125,000.00, therefore the contribution will be $6,250.00. . . . CITY aHfiSSICfi MEE'l'lH; FEBRUARY 5, 1985 PHE 3 The recreational contribution is paid at the time of final plat approval. Coorn. Rodgers rroved to approve subject to the stated conditions. Camn. Cox seconded, and the vote carried unaninously. At this time Mayor loon called for a break, the rreeting reconvened at 8:50p.m.. APPlU7AL FOR PRIMA VISTA PIAR), EXCAVATICfi PEHfiT Mr. Hull, partner fran PEe, has been 'WOrking on the Prima Vista permitting process. Mr. Hull recorrmended approval subject to Prima Vista installing two plug valves, at the stub outs on Hwy. 50, to allow easy extension of the lines. Mr. Goodman acknowledged that he 'WOuld not disturb the brick streets. The City Atty. and the City Engineer have no opposition to Prima Vista's permit, although the City Atty asked that if a rrotion is made that it contain the following. The permit may be granted, subject to the Engineer's recornrend- ations and conditions, the rrotion clearly states that it is granted solely and exclusively to minimize any damage Prima Vista may suffer if it is later determined, by a court of canpetent jurisdiction, or the Public Service Camni ss ion , that the City was obligated to cooperate with Prima Vista in the matter of permitting seVtBr expansion, and that the granting of the permit should not be construed as approval of Prima Vista's expansion; and that if the pro- posed force main is later determined to violate DER rules or state law, or the Public Service Comnission it must be renoved. Mr. Bruce Beatty, 311 Hormigas St., asked the size of the right-of-way on White Road. The Corrrnission asked Mr. Hull if there were any regulations on the distance between water and sewer lines. Mr. Griffin stated there is a 30 ft. right-of-way fran the center of the road. Mr. Hull stated the line proposed is in the maintained portion of the road. Mr. Beatty stated that Prima Vista could find a better route to Hwy 50, previously the plan was to go through the cerretery, Mr. Beatty stated those people can not vote, and citizens do therefore he asked the Carmission to act for the citizens. Carro. Batem:m asked if there was an alternate route Prima Vista could take. Mr. Hull stated there was always alternatives, but this route had advantages for the City also. CarnI. Bateman stated he did not approve now, and advised Mr. Goodman to find another route. Mr. Goodman stated that Mr. Vignetti and his father chose this route, and presently they have the oar, DER, and Orange County permits for this route. Mr. Goodman continued, if this route was denied, Prima Vista will go the straight route and service no one. Ccmn. Cox rroved to give permission subject to the conditions set forth by CE Mr. Hull. The rrotion died for lack of a second. Conm. Bateman stated he would not make a rrotion to approve. Mr. Bruce Beatty, the City Engineer, and Hr. Goodman went into another office to discuss the possiblility of an alternate route. Later in the Ireeting Mr. Goodman asked that this be tabled until the following Ireeting. HFARDG; .t" .llcSl' READ~ CarIn. Bateman rroved to approve the first readings of items "a" through "f", with the exception of item lie", Canm. Cox seconded, and the vote carried unanlirously. City Manager read each of them by title only aloud, and stated the second readings would be on 3-5-85. CarIn. Rodgers had concern with upgrading developrrents in the City. Carro. Rodgers stated he thought they were going to ask for R-lA not R-1. City Manager stated they applied for R-l. City Atty. advised to read the Ordiance with R-lA, and if the developer had a problem with it he could care before the Coomission. Corrm. Rodgers rroved to change the title to R-IA and have the first reading, Ccmn. Bateman seconded, and the vote was unanirrous. CITY CXH<<SSICfi MEE'l'IKi FEBRUARY 5, 1985 PNiE 4 . SEIDl) READIRiS Camn. Cox rroved to approve Ordinance #807, continuing capital outlay carry-over, Camn. Bateman seconded, and the vote carried unaninousl y. There were no caments. CarIn. Bateman rroved to approve Ordinance #808, one tiIre carry-over of paving and drainage rronies from FY 83-84, CarIn. Cox seconded, and the vote carried unanilrously. There were no carrnents. Camn. Cox Iroved to approve Ordinance #809, John's annexation on Adair St., CarIn. Bateman seconded, and the vote was unaninous. City Manager read the title aloud, and pointed the property out on the map. Calm. Rodgers Iroved to approve Ordinance #810, the Julian/Reid annexation on White Road, CarIn. Bateman seconded, and the vote was unaninous. City Engineer Kelley stated at this tiIre and stated he would be back with the proposed water distribution final plans at the next meeting. CarIn. Rodgers rroved to approve Ordinance #811, anEIlding Ordinance #608, Camn. Bateman seconded, and the vote carried unaninously. City Manager read the title aloud. There were no carrnents made. . Com. Cox rroved to approve Ordinance #812, repealing Ordinances # 658, 660, Camn. Bateman seconded, and the vote carried unanilrously. There were no carrnents from the public or carmissioners. Mr. Griffin read the title aloud. Calm. Rodgers moved to approve Ordinance #813, anEIlding Ordinance #532, Coorn. Bateman seconded, and the vote carried unaninously. Mr. Griffin read the title aloud. There were no corrments made. Cann. Cox rroved to approve ordinance #814, anEIlding Ordinance 695, Carrm. Bateman seconded, and the vote carried unaniIrously. Mr. Griffin read the title aloud. ConIn. Bateman rroved to approve Ordinance # 815, anEIlding Ordinance 697, Camm. Cox seconded, and the vote carried unaninously. Mr. Griffin read the title aloud. There were no carments made. ODIER lJEINESS Resolution 85-3 Traffic Citations; State Mandate was pulled from the agenda. Calm. Bateman rroved to approve Resolution 85-3 (which on the agenda was listed as Resolution 85-4, but was changed to keep the resolutions in numerical order) "Intent to Armex"; Carrm. Cox seconded, and the vote carried unanilrously. . Mr. Griffin stated this was the public hearing for the re-allocation of $49,000.00 of FRS Ironies. The rronies were being re-allocated to purchase a truck rrounted street sweeper. Currently, the City has a tricycle sweeper, which is hydraulic, and is costing the City approxi1na.tel y $2,000.00 to $ 3,000.00 for parts to keep it running. This figure does not include labor costs. The rronies were allocated for a grade-all which the City Manager does not beliEVe is needed now. Mr. Griffin stated there is another business which is offering to purchase the City's tricycle sweeper for $12,000.00. Camn. Rodgers stated that this might be the City's last FRS rronies, and is this the best way to spend it. Mr. Griffin responded by saying it is necessary and he feels ,-- . . . CITY CCM<<SSICfi MEEr.IRi FmlU\RY 5, 1985 PAGE 5 last rronies or not this is what the City needs. Catm. Cox IrDved to re- appropriate funds, and make the purchase, Comn. Bateman seconded. The rrotions were withdrawn until the City Attorney researched the issue. Later in the Ireeting, the City Atty. stated to go ahead with the rrotion. Camn. Cox again rroved to re-appropriate the $49,000.00 and purchase the truck"'1tOunted street sweeper, Catm. Bateman seconded, and the vote carried unaninously. NEIi' BlEINESS Camn. Bateman rroved to give conceptual approval for the Creech Annexation, Ccmn. Cox seconded, and the vote carried unaninously. Ccmn. Rodgers recarrmended the Creech Annexation go before the P & Z Board, to get their recarrmendation. kt:I?OldS 1\R) INE"<H'1ATICfi - CITY MANl\GER Mr. Griffin stated the City is in the process of purchasing the Fire Truck from Dowling Errergency I. Mr. Griffin stated the CriIre Report was in, and a copy was supplied to the press. Mr. Griffin stated the Police Dept. responded to 8954 calls in the calendar year. Chief Turner stated the Police Dept. found 226 doors open. Mr. Griffin stated the report was better than last year's. Mr. Griffin petitioned the Carmission to give him permission to tear down the small building behind the Maguire House. It is condemable, and is not salvagable. Also, Mr. Griffin wanted permission to pull up the front brick driveway, which is not canplete, and make a brick meandering pathway back to the Comnuni ty Center, and put in shrubs, and benches. Mr. Griffin inforIl'ed the Carrmission that the Historic Commission is against tearing down the small building. The Ccmnission thought the best idea is to schedule a workshop for the Coomission and the Historic Corrmission to get together and make sarre decisions concerning the Maguire House. The workshop was scheduled for Thursday, February 14, 85, at 7:30 p.m., at the Maguire House. Mr. Griffin inforIl'ed the Board that currently there is a $15.00 building permit fee required for the construction of a satellite dish, although "satellite dish" is not specifically Irentioned. Ccmn. Rodgers stated this will suffice at the present but inre-writing the code we should specify satellite dishes. Mr. Griffin requested permission to renovate the City Ccmnission Chambers, to lower the ceiling, install indirect lighting, and so on. Mr. Griffin stated he has $4,000.00 to do the renovations. Carrn. Rodgers rroved to do the renovations in the third quarter budget, CarIn. Bateman seconded, and the vote carried unaninously. Mr. Griffin showed the Cammission the 60th anniversary license plate, and stated these were also selling for $1. 50 each, and after this year the old styled license plates 'WOuld be put out for sale. Mr. Griffin inforrred the Carrmission of the Fire-0-Matics competition on February 16, 1985, starting at 1:00 p.m. at the Hwy 50 shopping center. A dance will be following with the awards presentation at: the Carnrrunity Center for $5.00 per person. Mr. Griffin inforIl'ed the Board of the Valentines Day Dance at the Ccmnunity Center on February 8, 1985, at 8:00p.m., sponsored by the Water Dept. . . . CITY <DMISSICfi ~ :F"mRI.lARY 5, 1985 P1\GE 6 Mr. Griffin inforIred the Board that last year the City collected $246,894.00 in revenues in excess of our expenditures. The carry-overs are not a part of these rronies. Mr. Griffin inforIred the Board that the Sanitation Dept. is operating at a loss, the City is not charging enough for Sanitation Collection. Mr. Griffin inforIl'ed the Carrmission that Russ Wagner and he 'WOuld be going to Fort Lauderdale on Friday for a seminar for the American Society for Public Administration. Mr. Griffin inforIl'ed the Comnission that he and James Creech were going to Washington D. C. on February 11 through the 13th, for disaster training, and it was funded by the Federal goverI1lrel1t. CITY ATIDRNEY Mr. Kruppenbacher told of an administrative error made on Ordinance 796, in the legal description, where east and west 'WOrding was turned around. Mr. Griffin stated he proofed the legal descriptions, but missed this error. Mr. Kruppenbacher stated he received a signed release from Attorney Yates, in reference to Ocoee Health Facilities. Mr. Kruppenbacher advised the Board that the City needs to look into adopting SClf(E type of Ordinance on bidding for making purchases of equipnent, or bidding for 'WOrk to be done. Mr. Kruppenbacher stated in reference to the City of Ocoee vs. Dassdorf case, Orange County stated they 'WOuld hold the funds allocated under Road and Bridge pending a resolution. The am:>unt of funds is $32,050.07. Mr. Nonnan Burke advised Mr. Kruppenbacher that the City has less than 50% chance or less of winning the case upon appeal. The County stated they 'WOuld hold those funds if the City were going to appeal in case the City looses the case. Mr. Kruppenbacher stated we are accruing daily at the rate of 12.8%. Ccmn. Cox rroved to settle the case, CarIn. Bateman seconded. At this point, Ccmn. Rodgers asked the two Carrmissioners if they knew the history of the case. He urged the Ccmnissioners to check into the case before making the rrotion, as there is a principal involved. CarIn. Bateman withdrew his second, and CarIn. Cox withdrew his notion until Ccmnissioner Hager could be present. <XMHf.l'S FHM CXHfiSSICImRS Ccmn. Rodgers stated the Fire Dept. responded to 1,122 calls, and 72% of them were rescue calls. Ccmn. Rodgers stated that shows the need for ambulances and fire equipnent, and additional manpower. CarIn. Bateman stated the City needed to limit R-3 density, and it should go before the P & Z Board. Camn. Cox thanked the Police and Fire Dept. for their fine jobs. Mayor lson inforIred of a contestant in the beauty contest, who will be going to another contest, the Miss America Preteen Beauty Contest. This person is Susan West, the grand-daughter of Tan West. Mayor Ison suggested donatinq support 01 one hundred dollars and sending the City seal with her. Corrrn. Rodgers rroved to approve $100.00 for Susan West, CarIn. Bateman seconded, and the . . . CITY CXH<<SSICfi MEE'l'll<<i ~~ 5, 1985 PAGE 7 vote carried unaninously. CarIn. Rodgers rroved to adjourn the Ireeting at 11 :40 p.m., CarIn. Cox seconded, and the vote carried unaninously. AT'lES'l": ~~Jnuc!o ~~ (Z~;J