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HomeMy WebLinkAbout06-04-85 . . . MINUTES OF THE REGULARLY SCHEDULED MEETING HELD JUNE 4, 85 PRESENT: Mayor Ison, Commissioners Cox, Rodgers, Bateman and Hager, City Manager Griffin, City Attorney Kruppenbacher and Deputy Clerk Louloudis. ABSENT: None. CALL TO ORDER Mayor Ison called the regularly scheduled meeting to order at 7:32 p.m.. Mayor Ison then led those present in prayer and to the Pledge of Allegiance to the Flag. APPROVALS Mayor Ison explained the concept of the consent agenda, then asked the Commissioners if they wanted any of the items under Consent Agenda to be pulled for discussion. Comm. Rodgers asked that items la', 'c', and ld' be pulled. The following items were approved via a motion by Comm. Bateman and a second by Comm. Hager. The Commission Workshop Minutes of 5- 21-85; Nomination for Code Enforcement Board - Mr. John Linebarier; Nomination for Planning and Zoning Board - Mr. Burton Smith; and Nomination for Code Enforcement Board - Mr. Bob Sorenson. The vote carried unanimously. REGULAR COMMISSION MEETING MINUTES OF 5-21-85 Comm. Rodgers corrected page 3, under "Ordinance 1830 Rezoning John's property", middle of the paragraph; the sentence was changed to read the following: "Mr. Bekemeyer stated the P & Z Bd. felt there was a natural buffer provided to go from low density to R-3 zoning." Comm. Bateman moved to approve the minutes as corrected, Comm. Cox seconded, and the vote was unanimous. RESOLUTION 85-7 RE-INVESTING FUNDS Comm. Rodgers felt every re-investment or transfer of invested monies should come before the Board of Commissioners as they are responsible. Comm. Hager concurred. Comm. Hager moved to approve Resolution 85-7, Comm. Bateman seconded, and the vote was unanimous. STREET RESURFACING Comm. Rodgers asked that the Commission review the projects before we put them out for bidding. Mr. Griffin informed the Commission that the bids are sent out for the square footage of the streets to be resurfaced, and in past years we have added streets after the bidding to utilize the majority of the monies. Comm. Rodgers felt the City should pave some new streets. Comm. Bateman moved to approve the request to start the advertising for the bidding process on the Street . City Commission Meeting June 4, 1985 Page 2 Resurfacing Program, Comm.Cox seonded, and the vote carried unanimouly. PRESENTATIONS AND PROCLAMATIONS Mayor Ison complimented the students of Ocoee Jr. High for receiving recognition at their Banquet and different functions. He stated that 25% of the students are involved in the athletic program. Mayor Ison thanked the Lions Club for the Barbeque on Sunday. Mayor Ison told of a letter he received from Ben Nyquist, praising the Sanitation Department. OLD BUSINESS . Mr. Kelley could not attend the meeting as his son is sick. Mr. Steve Miller, Miller & Miller Engineering, was present to answer any questions the Commission may have on the Forest Oaks Subdivision. Mr. Miller presented the Commission with a check list of things which need to be accomplished before the plant will be ready for the last walk through by the City Staff. Mr. Miller explained there may be some adjustments of the water pressure valves. The water lines in the development will range from 75 to 90 pounds of pressure per square inch. Mr. Miller explained that additional hydraulic check valves may be necessary to circumvent any surges of water through the lines. The Commission clearly expressed the developer would be responsible for those costs if necessary, and asked Mr. Miller to pass the information to the developer. Mr. Kruppenbacher asked about a maintenance bond to cover any costs that may arise after the City has accepted the water plant. Mr. Miller stated the City has agreed on a two year maintenance bond. Mr. Kruppenbacher asked the amount of the bond. Mr. Miller stated 110% of the value of improvements is sufficient and customary, and he was sure this would be sufficient with the quality of work done. Mr. Miller advised there was virtually no trace of EDB in the water. The water tests are done in the City once a month. The Commission requested that the test results be written such that any person would be able to understand them. The Commission requested Mr. Miller attend the June 18, 85 meeting, to give the Commissioners time to study the report given, then ask any questions they may have. HEARINGS ~. PROPOSED ORDINANCE BOLIN/OLIVE ANNEXATION The property is currently zoned agricultural in the County. Comm. Rodgers asked if this annexation would be creating an enclave. Mr. Griffin stated the property would be surrounded ? . City Commission Meeting June 4, 1985 Page 3 by three sides whereas; an enclave is property completely surrounded by a municipality. Notices will be mailed to property owners who are within 300 feet of the property to be annexed. Comm. Cox moved to read the proposed Ordinance by title only, and have the first reading, Comm.Bateman seconded, and the vote carried unanimously. City Atty. Kruppenbacher advised the Board to let the petitioners have their public hearing, therfore you have allowed for due process. Mr. Kruppenbacher explained that particularly with petitions for re-zoning; lawyers will challenge whether the people were allowed due process if the Board kills it on the first reading. Mr. Bolin is the partial owner of both parcels, but there are other owners involved. Ted Bolin is the agent for both parcels. Comm. Cox reiterated and amended his motion to approve the first reading of the proposed Ordinance subject to all the property owners execution of the annexation petition. Comm. Bateman seconded, and the vote carried unanimously. Mr. Griffin read the proposed Ordinance by title only, and pointed out the property on the map. The second reading will be held 7-16-85. . SECOND READING - ORDINANCE 832 BRUCE STRICKER ANNEXATION Comm. Bateman moved to have the second reading on Ordinance 832, Comm. Cox seconded, and the vote carried unanimously. Mr. Griffin read Ordinance 832 by title only, and pointed out the property on the map. The property is located on the east side of Johio Shores Road. Mr. Jeff Mesca addressed the Commission regarding the surrounding homeowners in their objection to the annexation. They object strongly to the idea of duplexes. Ms. Sharon Mott addressed the fact that the City map shows her property inside City limits when actually she is in the County. Mr. Griffin has sent a letter to the County to get this error corrected. Mr. Griffin assured the Commission there is sufficient water to supply this annexation in a reasonable period of time; and that the property is contiguous to the present boundaries. Although no motion was made, the Mayor called for a vote to approve Ordinance 832. The vote carried unanimously. ORDINANCE 833 SECOND READING SUBDIVISION REGULATIONS . Comm. Cox moved to have the second reading on Ordinance 833, and read it by title only, Comm. Hager seconded, and the vote carried unanimously. Mr. Griffin read the Ordinance by title only. Comm. Rodgers questioned whether these Regulations would be retroactive to include the developments which are in process currently. Mr. Griffin explained that these Subdivision Regulations would not be retroactive for the current developers, but would apply to someone who comes to the City tommorrow. Comm. Bateman moved to approve Ordinance 3 . City Commission Meeting June 4, 1985 Page 3 833, Comm. Cox seconded, and the vote carried unanimously. Mr. Kruppenbacher explained that everything the Commission previously agreed to and requested the City will adhere to, as far as the Subdivision Regulations are concerned. The effective date of adoption of the new Subdivision Regulations will be the date utilized and everything that is a parcel of record, as of that date, is a parcel of record; and anything lot-split after that date will fall under these Subdivision Regulations. Harbour Highlands and Burnt Tree are pending final plat approval and will fall under the Old Subdivision Regulations. John Howell, Home Builders, Association, contacted Mayor Ison and stated he will not be able to have the sample draft of an impact fee Ordinance until June 18, 1985. NEW BUSINESS DISCUSSION OF TWO PROPOSED ORANGE COUNTY ORDINANCES COMM. COX . Comm. Cox made four points: 1. This is just the beginning of the County's expansions. 2. The County is putting walls around the cities to keep them from growing and prospering. 3. The County must grow to pay their debts. 4. The County is taking a big brother attitude, not cooperating and talking with the cities just going ahead with their plans. Comm. Cox urged the Commission to instruct the City staff to research the two proposed Ordinances to see if there are any legal matters that can be dealt with in court, such as stopping these Ordinances. If legal means are in our favor, per Attorney and Staff,then have the City Manager, Mayor and City Attorney sit down with the other cities to see if they will help support us in taking these legal means and share legal costs proportionately. Mr. Kruppenbacher informed the Board that the City has 30 days after the Ordinances are adopted to fight them; and the City needs to articulate to the County that we object to the Ordinances. Comm. ROdgers suggested going to Florida League of Cities, and asking them to challenge the county on behalf of all the cities. Mr. Kruppenbacher previously spoke to the General Counsel and asked for their support; they will not represent one municipality. Comm. Rodgers requested we fight the County on the rate increase for land fill. The effective date of the new rate is 7-1-85. The consensus was the County has no concern for the cities, and the Commissioners need to set the urban service area boundaries. The General Counsel, Florida League of Cities, will fight against the County on behalf of all cities. Comm. Rodgers stated he would represent the City and fight for the City, as long as he is an elected official, until there is no longer a municipality. Mayor Ison suggested the following: 1. The City Attorney send a letter . 4 . . City Commission Meeting June 4, 1985 Page 5 to the County objecting to the Ordinances. 2. The City Attorney research any possible exemption the cities, and soon to be proposed urban service areas, have from the Ordinances. Mayor Ison asked Comm. Rodgers if he would represent the City at the hearings for the Garbage Rates, as Comm. Rodgers previously volunteered. Comm. Rodgers commented the Mayor was the official representative of the City. Mayor Ison suggested a new face might have a greater impact. Comm. Rodgers stated he did not want to represent the City. Mayor Ison suggested the City Attorney send a letter requesting the City of Ocoee be put on the agenda at the Garbage Rate hearing. Mr. Kruppenbacher felt there would be a greater impact upon the County if the Cities jOined together in the fight. Comm. Cox moved directing City Attorney and staff to research the legal ramifications of the two Ordinances from the County, and report back to the Commission with a proposed recommended course of action, and simultaneously, the Mayor, City Attorney, with City staff at their disposal, to correspond with other cities, to discover their thoughts, plan of any action, and see if they would be interested in joining Ocoee in the battle against the County legally and financially. The Commission thought it would be best for Mr. Griffin not to be involved in the political aspect of corresponding with the other cities. Comm. Bateman seconded, with the statement that he would not second the motion if it was relieving an employee of his duties. The vote carried unanimously. NOMINATION FOR BOARD OF ADJUSTMENT Mr. Griffin explained that Mr. Colburn elected to resign his position as an alternate member on the Code Enforcement Board to enable him to accept the full time position on the Board of Adjustment. Comm. Bateman moved to nominate Mr. Colburn to the opening in the Board of Adjustment, Comm. Hager seconded, and the vote carried unanimously. REPORTS AND INFORMATION Mr. Griffin asked the Mayor to call a workshop on June 20, 85, Thursday, for the Budget of fiscal year 85-86. Mr. Griffin asked the consensus of the Commission on whether to draft an Ordinance or ask the public to alternately water their lawns, after 9:00 p.m.. Mayor Ison felt asking the public to voluntarily comply would be sufficient. . Mr. Griffin stated the Sanitation Dept. is already being underwritten by General Government Funds, therefore if the Garbage Rate increase is adopted the City will be forced to raise the rates. Mr. Griffin estimated the City would lose $300,000.00 by fiscal year 85-86 if the rates increase. Mr. ~ . City Commission Meeting June 4, 1985 Page 6 Griffin proposed the residential garbage rate should be $9.00 to $10.00 a month range, and commercial should be on a percentage basis. Comm. Bateman asked about the growth of used car lots within the City. Mr. Griffin stated the car lot on Oakland and Bluford is not properly zoned, not licensed, and not on an asphalt pad. They have been asked to move the cars, and told they can not operate. Mr. Griffin was advised by the City Attorney not to have the vehicles towed away. Mr. Kruppenbacher asked the Commission for some time to take care of this problem. Mayor Ison suggested the staff draft an Ordinance to enable the City authorization to remove cars which are in the City right-of-way. CITY ATTORNEY Mr. Kruppenbacher had no comments. COMMENTS FROM CITIZENS . Mr. John Lott, Johio Shores Rd., asked who would respond to a fire. Mayor Ison suggested he call 911 and ask them who would be responding if he had a fire. The County would respond and the City would not until the County asked us to. COMMENTS FROM THE COMMISSIONERS Comm. Cox suggested the Commission draw up a quick resolution on their objection to the Sanitation Rate increase. . Comm. Rodgers concurred and stated we should define what our presentation will include. First, the City of Ocoee objects to the rate increase; there is an impact on our bUdget; as well as a total impact on the City. Comm. Rodgers would like to see the supporting documents related to the County Ordinances; then, we can see how the County comes up with the 150% rate increase. Comm. Rodgers also suggested the City Clerk pass a paper around to get the name and address of persons in attendance at the Commission Meetings for the minutes and later use. Comm. Rodgers suggested having the advisory boards meet for the sole purpose of approving their minutes, as the boards do not meet frequently, and consequently the Commissioners do not receive their minutes in a timely manner. Comm. Bateman suggested they run this idea by the other Boards, and see how they feel. Comm. Rodgers suggested another alternative; give the members of the Boards a rough draft of the minutes, then allow each member 24 hours to correct them. The Clerk could then compile all the corrections and come up with a set of corrected minutes. 6 . City Commission Meeting June 4, 1985 Page 7 Comm. Hager thanked the Lions Club for their hospitality, and meal. Comm. Hager commented that Mr. Breeze would not send in his minutes before they are approved. Mayor Ison asked the Commission for a straw vote to change the mailing addresses of homes within the City boundaries to Ocoee addresses instead of Orlando addresses. The Commissioners agreed. Mayor Ison stated the City needs to be prepared for emergencies, get our own buildings ready, and plywood set up for the windows in the event of a hurricane, etc.. Comm. Rodgers moved to adjourn at ~.: . WJ.". MAYOR ISON 9J1a.1~ . .