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HomeMy WebLinkAbout07-02-85 e MINUTES OF THE REGULARLY SCHEDULED CITY COMMISSION MEETING HELD JULY 2, 1985 PRESENT: Mayor Ison, Commissioners Cox, Rodgers, Bateman, Hager, City Manager Griffin, City Attorney Kruppenbacher, and City Clerk Catron. ABSENT: None. CALL TO ORDER Mayor Ison called the meeting to order at 7:35 p.m. and led those present in prayer and Pledge of Allegiance to the Flag. APPROVALS e Consent Agenda Items A through F were submitted for approval. Commissioner Cox moved to approve Items A through F, Commissioner Hager seconded. Comm. Rodgers proposed that ordinances not be included on the Consent Agenda, he felt they should be an item by themself. The majority of the commissioners felt that the Ordinances under consideration for First Reading would be read anyway and were in favor of leaving them on the Consent Agenda. Comm. Cox, Hager and Bateman voted to approve the motion and Commissioner Rodgers voted no. Motion carried 3 to 1. City Manager Griffin read the Ordinances by title only. PRESENTATIONS AND PROCLAMATIONS The minutes of the Town Meeting of June 25, 1985, Merit System Board Meetings of June 13 and 19, 1985 were submitted for information only. Mayor Ison presented a plaque to the Commission from the West Orange Girls Club. The Girls Club expressed their appreciation to the City for the support given to them. Mayor Ison also presented a plaque to the Commission from the West Orange YMCA. The YMCA also thanked them for their support. OLD BUSINESS CITY ENGINEER - STAFF REPORTS ON SR. 50 WATER LINE PROJECT e City Engineer Kelley reported that the project is out for bids and the city can reject or except. Estimated cost for base project is $125,000.00. An alternate proposal for crossing Highway 50 at Marshall Farms Road is under consideration as it will end up with service on both sides of Highway 50 at the Turnpike. This additional extension will add approximately $25,000.00 to the project. Comm. Hager asked if the 12" line proposed for the project would be sufficient for anything in that area. Engineer Kelley stated that right now, with what is known, it should be sufficient. 4 e e e CITY COMMISSION MEETING JULY 2, 1985 PAGE 2 CITY ENGINEER STATUS REPORT ON PEACH/MOXIE DRAINAGE PROJECT The drainage project for Peach/Moxie will be on the agenda for the Department of Environmental Regulation in Pal atka on Monday, July 8, 1985, at 1:00 p.m. and Engineer Kelley asked for representatives from the City to attend in addition to the City Manager. He also stated we had to get a permit from the County on Lakewood easement. The current cost estimate for this project, without the special plantings, is $225,000.00. This does not include the work that DER wants done on the old retention ponds in that area. This project is also out for bids. Mr. Kelley stated that before a recommendation is made at a public meeting or workshop, all plus and minuses should be evaluated by the City before moving forward with the project. He also stated that he appreciated the support of the City Attorney's staff as he has had a rough time with the DER permitting. Comm. Rodgers questioned whether we would have to have a public hearing and Kelley said that according to the information he has received they will have to hold a public hearing. The commissioners did not have a copy of the regulations, only a copy of the cover letter. The City Clerk will make copies and distribute. Comm. Hager asked Mr. Kelley if he was satisfied with the 139 feet water level and he said that he was. Mayor Ison asked that we try to get the letters out and hold the public hearing as soon as possible. Jack O'Conner of 1017 Caballero Court is one of the residents affected by the flooding and he stated that he was the only one that had not filled in his swale, and he feels the berms and swales are in the wrong place. Mayor Ison asked Mr. O'Conner if he would like to go to Palatka with them and Mr. O'Conner said he would go. Mr. O'Conner also had concerns about snakes in the area. PRIMA VISTA NEGOTIATIONS Comm. Rodgers asked for a status report on the negotiations with Prima Vista. Engineer Kelley stated that the ball was in their court and he felt that part of their problem was their permitting. Mayor Ison said that something had been done weekly but nothing finished and not all of the "ifs" answered. They don't have a list of the written assets or what the capacity is, he hopes to have something to the Commission as soon as possible. Comm. Rodgers stated that he understood they had permit to Hwy. 50 and wanted to make sure we were doing everything we could. Mayor Ison and Engineer Kelley assured the Commission they were doing everything they could. HEARINGS - CITY COMMISSION MEETING JULY 2, 1985 PAGE 3 ORDINANCE #835 - ANNEXATION CHINESE GARDEN RESTAURANT Comm. Hager moved to read Ordinance 1835 by title only, Comm. Bateman seconded. Approved unanimously. City Manager Griffin read the Ordinance by title only and pointed the property out on the map. Mayor Ison asked for comments from the public and opened the meeting up for the Public hearing. There were no comments from the public. The Mayor then asked for comments from the Commissioners and they had none. Comm. Rodgers moved to approve Ordinance #835, Comm. Bateman seconded, and it was approve unanimously. ORDINANCE #836 - METZ/PECK ANNEXATION e Comm. Cox moved to read by title only, Comm. Bateman seconded. Approved unanimously. City Manager Griffin read by title only and pointed the property out on the map. Mayor Ison then opened the meeting up for the Public Hearing. There being no response from the public, Mayor Ison asked for comments from the Commissioners. There being no comments from the Commissioners, Comm. Cox moved to approve Ordinance 1836, Comm. Bateman seconded. Approved unanimously. OTHER BUSINESS FOREST OAKS UPDATE e Mr. Miller sent his regrets that he could not attend the meeting, but he had nothing to report as the items on the "punch list" that had been submitted to Forest Oaks had not been satisfied. Comm. Rodgers asked if anyone had talked with Forest Oaks. City Manager Griffin stated they had spoken with the site superintendent. Rodgers requested that we contact Jeff Fuqua or Wayne Rich and get them involved, it would be to our benefit. Mr. Griffin stated that there has been serious problems with the second well. Atty. Kruppenbacher said he had followed this matter closely and there always seems to be the allegations that we never contact them; therefore, he advises it would be appropriate to send a letter to Mr. Fuqua and Mr. Rich and request they be at the next meeting. Mayor Ison expressed disappointment with Engineer Miller as did Comm. Rodgers. After discussion, Rodgers moved to dismiss Miller and get another engineer. Motion died for lack of a second. The attorney again recommended the City Manager send a letter to Miller and to Forest Oaks. Comm. Bateman moved that the City Manager send the appropriate letters to Fuqua and Rich, the Site Superintendent and Steve Miller and instruct them to be at the July 16, 1985 Commission Meeting with a full report, Comm. Cox seconded. Comm. Bateman stated that whether Miller worked or not, Forest Oaks is still a problem and we should ~ e e . CITY COMMISSION MEETING JULY 2, 1985 PAGE 4 go ahead and send the letters and then let everyone "get a swing at it". Motion carried upon a unanimous vote. OPENING OF STREET RE-SURFACING BIDS The following bids were received for the re-surfacing projects: WNJ Paving - $55.00/ton for Type 3 Asphalt and $2.45/sq. yd. for S1 - 1" compacted; Orlando Paving $39.90/ton for Type 3 Asphalt and $2.25/sq. yd. for S 1 compacted 1". Comm. Rodgers moved to approve the bid submitted by Orlando Paving, Comm. Cox seconded. Approved unanimously. NEW BUSINESS SPONSORSHIP OF PHYSICALLY IMPAIRED STUDENT TO NATIONAL GAMES - JIM BEECH Jim Beech in a letter to the commission requested a donation of $368.00 in order to sponsor one student to the National Games for the Physically Impaired. Since the fund was out of monies, City Manager Griffin suggested taking the monies from the contingency fund. Comm. Rodgers stated that Mr. Beech was extremely active with these groups and recognized nationally and he was proud of him and of Ocoee. He further stated that he would not mind sponsoring two students instead of one. Comm. Rodgers then moved to sponsor two students to the National Games through Mr. Beech, Comm. Hager seconded. All of the Commissioners spoke very highly of Mr. Beech and his dedication to these students and informed everyone that Mr. Beech is serving on the National Committee at his own expense. Motion carried unanimously. APPROVAL FOR COURTESY BENCHES - DEANNIE ALLEN Deannie Allen owns Beauty Works, a local business, and instead of signs she would like permission to place approximately 3 benches at the possible locations of: Silver Star and Bluford, Wurst/Clarcona-Ocoee, Highway 50 & Bluford, Kissimmee Ave and McKey and Story/Bluford. The commissioners told her that Hwy 50 was DOT - State right-of-way and Wurst/Clarcona-Ocoee was not in the City. City Manager Griffin questioned the liability and also the franchise we already have with Bellows Advertising for Bus Bench Advertising, although it is not an exclusive franchise he feels the attorney should review the agreement and give us direction. Mayor Ison stated he would like to give written notice to Bellows about nine billboards as he has only seen a few. He stated if he could vote, he did not like the idea of the benches and then asked for the commission's pleasure. Comm. Hager moved to have the staff look at and make a H e e . CITY COMMISSION MEETING JULY 2, 1985 PAGE 5 recommendation, Comm. Bateman seconded. Approved unanimously. It will be under Old Business for the July 16, 1985 meeting. DISCUSSION OF RESERVE AREA OF ANNEXATION AND/OR POSSIBLE URBAN SERVICE Mayor Ison stated that at the workshop they could not take any formal action and he requested this be put on the agenda in case any of the Commissioners had any recommendations. There was quite a bit of discussion about sitting down with the County and expressing what our plans are and finding out what their plans are in relation to an Urban Service Area. Atty. Kruppenbacher stated that since some of the complaints expressed is the willingness of the County to talk on issues, then have staff touch base with each of the commissioners and come up with ideas and get with county staff and see what their ideas are and bring back a full package for the commission - then make a decision. Comm. Rodgers expressed concern over letting the County know what we want, he feels it is time for Orange County to talk to us and we should not let them know all of our plans. Mayor Ison also expressed some of the same concern. Comm. Cox, Bateman and Hager all agreed that we need to sit down with them and let them know what we have in mind and get their ideas on what they are planning. They feel we have to define an area and communicate geographical area in order to get their feelings. Atty. Kruppenbacher stated that we don't want to give away our game plan but get with the County and find out where they are going and define what has been made public as far as the City's goals. Comm. Bateman asked if he wasn't drawing back from his orginal statement. The attorney stated that he wasn't backing up and City Manager Griffin stated that the County already had our "Intent to Annex" Resolution and we would not have to discuss anything further than that. Comm. Cox then moved to direct staff to arrange a meeting with the County, not discuss nay more than already made a matter of Public Record, and find out what their directions are toward us, Comm. Rodgers seconded. Approved unanimously. Comm. Rodgers requested a joint workshop prior to the first regular meeting in August so they can have a few days to digest before a decision is made. REPORTS AND INFORMATION - CITY MANAGER IMPACT FEE ORDINANCE PROPOSAL John Howell, attorney for the Homebuilders Association, reported to Mr. Griffin that it was their fault the proposed Ordinance had not been submitted yet, and not the Homebuilders Association. e e e CITY COMMISSION MEETING JULY 2, 1985 PAGE 6 CITY ATTORNEY LASSITER - The attorney reported that he had just received Friday a breakdown on the costs on the Lassiter case. He and Mr. Griffin will meet and make a recommendation on each item. ORANGE COUNTY ORDINANCES - The City of Ocoee voiced their objection to the two Ordinances proposed by Orange County. The County went through with the First Reading and came up with a Resolution in which they stated they did not want to hurt the cities. The attorney stated there is no reason to act at this time. PROPOSED CHANGE TO c-2 ZONING - The change has been made to the proposed Ordinance per Commission direction and the Public Hearing and Second Reading will be held on July 16, 1985. DASSDORF CASE - The County Attorney and Department of Labor Attorney seem to be waiting for some reason. ORANGE COUNTY SANITATION RATE INCREASE - Comm. Rodgers asked if the County had passed the rate increase and had the final reading. The increase was passed June 10, 1985 and went into effect July 1, 1985. Atty. Kruppenbacher stated that he had no opinion on whether legal action should be taken, as it is tough to challenge an Ordinance setting fees when a body has authority to set fees. Comm. Rodgers stated that the point is that if we have 30 days to challenge the time is very short for the deadline. If we can challenge, he stated he would feel remiss if we don't pursue. There was some discussion on getting some of the other cities to join us in challenging this increase. The attorney was directed to review the Orange County Landfill Increase Ordinance and if we can legally challenge, he will contact the Mayor so a special meeting can be called. COMMENTS FROM CITIZENS - PUBLIC Mrs. John Skiffington, Pioneer Key Park II, 59 Periwinkle Key Drive, asked to speak to the Commission regarding the flooding problem they are having. As the rainy season continues, the problem is getting worse. City Manager Griffin explained that they are aware of the problem and the Fire Department has been sent down to pump out the overflow. Part of the problem is that there are only two drain pipes located on the East of Palm Drive and supposed to flow from west to east, but they are not working properly and not sufficient to solve the problem. Another problem is that the roads in the park are vee-ed to the middle and not crowned, they abut the sidewalks and the water has no place to go. ~ e . . CITY COMMISSION MEETING JULY 2, 1985 PAGE 7 Mayor Ison asked what the fair thing is to do, who is responsible - the previous owners - also should a special taxing district be set up - who pays for the improvements that need to be made. Comm. Rodgers asked if the City had accepted the drainage, etc. when we took over the park and he was told we did. Comm. Bateman stated that there was some discussion that the shopping center contributed somewhat to the problem. City Manager Griffin stated that the drainage ditch on the North side was also a problem, it supposedly belongs to the county, it does not hold the water as it should. Mary Rozota, 56 Periwinkle Key Drive, also asked for help with the drainage and the cars that park on the street. Mayor Ison summarized that this Commission had inherited several problems and they are trying to solve as many as they can. It will take time and they will have to find some way to fund these projects, the drainage problems are very costly. The area the park is built in was swamp and it will be difficult to solve the problems. Comm. Rodgers also stated that there are now tougher restrictions and this will help to alleviate problems in the future. Vern Combs, 310 Sabinal, representing the Homeowner's Association of Prima Vista, had several items for the Commission. He was glad to see the work being done on Geneva Park and asked them not to stop now. He was glad to see the City Commission standing up to the County reference the sanitation rate increase. He thanked the Commission for having the archway taken down leading into the cemetery. They are not happy with the used car lot and the old paper company property is a problem. They are upset with the new Cable company and request to be put on the agenda for the July 16, 1985 meeting. Mary Ellen Frame, 312 Sabinal, also complained about the Cable Company, she stated they were not honoring former agreements made with Group W. Mayor Ison stated that the FCC has stepped in and reviewing franchise fees. COMMISSIONERS COMMENTS Comm. Rodgers stated that the property that was rezoned on the North end is an eyesore. Comm. Bateman - no comments. Comm. Hager - no comments. Comm. Cox - no comments. Mayor Ison suggested the City Commission send a Resolution to the Postmaster requesting that residents that live within the City of Ocoee City Limits have an Ocoee mailing address. The - It e e CITY COMMISSION MEETING JULY 2, 1985 PAGE 8 Postmaster sent a letter requesting the Commission give them direction. Mayor Ison also stated that there were other areas of concern with the "special exceptions" section of the zoning. Meeting adjourned at 10:35 AT~~ CITY CLERK HELEN CATRON pomoo:!/L K ~ MAYOR THOMAS R. ISON 8