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HomeMy WebLinkAbout08-20-85 e e e MINUTES OF THE REGULARLY SCHEDULED CITY COMMISSION MEETING HELD AUGUST 20, 1985 PRESENT: Mayor Ison, Commissioners Cox, Rodgers, Bateman and Hager, City Attorney Kruppenbacher, City Manager Griffin, and Deputy Clerk Louloudis. ABSENT: None. CALL TO ORDER Mayor Ison called the regularly scheduled meeting to order at 7:31 p.m.. Mayor Ison then led those present in prayer and the Pledge of Allegiance to the Flag. ATTORNEY SPECIAL - LASSITER AGREEMENT - MR. PAGE, ATTORNEY Mr. Kruppenbacher informed the Board that he called Mr. Page and told him not to come to the meeting. Mr. Kruppenbacher and Mr. Griffin are having trouble proving or disproving the entries made of Mr. Lassiter's time and work done for the City. There are six entries, totalling about 20 hours, which has an explanation of "Ocoee" beside it and no other explanation. Mayor Ison reminded the Board of the work Mr. Lassiter was doing with GMD, which was a proposal Mr. Lassiter was presenting to the Commission for consideration. The time Mr. Lassiter spent on this subject, is not to be paid by the City. No acceptance or denial was made in reference to the GMD proposal. Comm. ROdgers asked what the monetary difference is. Mr. Griffin stated they say the City owes $37,000.00, but the City does not show they owe anything. Mr. Kruppenbacher thought it more adviseable to let the judge decide what the City is to pay. Mr. Kruppenbacher will report back to the Commission after the hearing. APPROVALS - CONSENT AGENDA Comm. Rodgers asked that items 'B' and 'F' be pulled from the Consent Agenda. Comm. Bateman moved to approve items 'A', 'C', 'D' and 'E', Comm. Hager seconded, and the vote carried unanimously. Comm. Rodgers questioned the following statement in the minutes of 8-8-85, on the first page, last paragraph; "The Commissioners did not have a problem with the Purchasing Agent position." Comm. Rodgers thought he voted no on the Purchasing Agent. Mr. Griffin informed the Board that on 8-8-85, all the Commissioners were in favor of the Purchasing Agent, although Comm. Cox had thought the City Engineer was more important to the City. Mr. Griffin stated at the meeting of 8-15-85, Comm. ROdgers opposed the Purchasing Agent position. Approval or corrections to the minutes will be made after Comm. Rodgers can listen to the tape recordings of the meeting. Comm. Rodgers pulled item 'F' as he thought the Commission ought to have a workshop on 1 e - CITY COMMISSION MEETING AUGUST 20, 1985 PAGE 2 the Water Rate Increase Ordinance, before its first reading. Comm. Rodgers moved to put the Ordinance in a workshop session, Comm. Hager seconded. Mayor Ison realized no motion was needed, as any Commissioner can put an item to a workshop session. Comm. Cox and Comm. Bateman thought the Ordinance should continue with its first reading tonight, in order to get the Ordinance passed, so the rates can go into effect on 10-1-85. Mr. Kruppenbacher stated if the Commission decided to change the rate increase, the Ordinance would have to go back to the first reading. The motion died with Comm. Rodgers and Comm. Hager voting yeh, and Comm. Cox and Comm. Bateman voting ney. The Mayor cast a ney vote. Comm. Bateman then moved to approve the Ordinance for its first reading, and to schedule a workshop for it sometime between now and the next regular meeting on 9-3-85. Comm. Cox seconded.. The vote carried with Comm. Cox, Bateman, and Hager vot~ng yeh, and Comm. Rodgers voting yeh. The workshop was scheduled for Monday, August 26th, at 7:00 p.m.. PRESENTATIONS AND PROCLAMATIONS REQUEST FOR DONATION ADULT WOMEN'S SOFTBALL - RICK KEMPHER Mr. Rick Kempher informed the Board that the majority of the girls were from Ocoee and Winter Garden, and they are tied for first place. They have been invited to the National Games, over Labor Day weekend. Mr. Kempher figured the cost will be $1,765.00, and has received $1,080.00 so far. The girls work and do not have much time to try to get donations. Mr. Kempher asked for the balance or whatever the Commission could give him. Comm. Rodgers moved to approve $250.00 for the Women's Softball Funding, Comm. Hager seconded, and the motion carried with Comm. Cox, ROdgers, and Hager voting yeh, and Comm. Bateman voting ney. Mr. Alton Julian, developer of Harbour Highlands, told Mr. Kempher to see him at 4:00 p.m. on Wednesday, in his office and he would donate $100.00. The Commission overlooked the first reading of the Water Rate Increase Ordinance, therefore Mr. Griffin was instructed to read the Ordinance by title only. Mr. Griffin informed that the present rate per month is $4.00 for 5,000 gallons of water. The increased rate is $5.00 per 5,000 gallons of water. Mr. Griffin stated the Over 65 program would stay the same, 15,000 gallons of water per month is provided to the senior citizens, without charge. 4' OLD BUSINESS SPECIAL STAFF REPORTS - CITY ENGINEER - REPORT ON PKP II Mr. Kelley stated they have done a preliminary evaluation of e e e CITY COMMISSION MEETING AUGUST 20, 1985 PAGE 3 Pioneer Key Park II, and the problem is more substantial than they originally anticipated. Mr. Kelley stated the project should not have been built there and it will take a substantial amount of money to fix the problems. The ditches need to be cleaned out first to get the maximum conveyance capacity of the ditch drainage system. Mr. Kelley informed that Orange County feels the City should play the key role in cleaning out the ditches as our drainage is going into their ditches. Mr. Griffin informed the Board that the State has been cleaning out the ditches on SR 437. Mr. Kruppenbacher stated who ever changes the natural flow of water is liable. Mr. Kelley has a meeting set with Water Management System for the permitting to clean the ditches. Mr. Kelley will report back to the Commission on the alternatives at the next meeting. GENEVA MANOR PRELIMINARY PLANS/PLAT APPROVAL Mr. Kelley recommended approval subject to six conditions. The conditions were as follows: 1. Water Distribution System: Install 12" water main along South side of Geneva St. from the existing water main at the intersection of Lakewood Ave. and Geneva to the east property line of Lot 4. The City will pay for the material cost of oversizing this pipe from 8" to 12". 2. Sewer system: Approval of site for septic tank use by Orange County Health Dept. must be submitted prior to approval of construction plans. 3. MSTU or other means of providing perpetual maintenance for storm water management ponds shall be established by the owner. 4. In lieu of the dedication of park land the owner shall provide a cash fee to the City for recreational assessment. 5. The Water System shall meet the approval of the City Water Dept. 6. The Storm Water Management System shall meet the approval of the City Engineer. Mayor Ison asked Mr. Kelley if he was comfortable with the structure elevation, and the on-site or off-site drainage, as this area is wetland. Mr. Kelley stated they used Orange County's study of the 100 year storm level. Comm. Bateman commented that he had been at the location of the property at about 9:00 a.m., and the water was running like a stream, from yesterday's rain. Comm. Bateman did not want another problem like PKP II. Mr. Kelley again stated they based the elevations on Orange County's study. Mr. Kelley thought of Mr. Merkel as a conservative engineer, and did not think there would be a problem. Mr. Kelley stated the ponds are sized to accommodate the water flow, and the peak grade run off is equivalent to the 25 year storm mark. Comm. Rodgers stated he was concerned also with the drainage. The plans show the drainage ditch running between the buildings, where children will be, and this could be a problem in the future. Mayor Ison asked who would be maintaining the ditches, and ~ e e . CITY COMMISSION MEETING AUGUST 20, 1985 PAGE 4 suggested a culvert be put in instead of open ditches. Mayor Ison said the retention ponds need to be relocated or the size of the structures need to be reduced. Comm. Rodgers asked what else the 12" line will feed besides this subdivision. Mr. Kelley did not know, but there is a possibility of use in the future. Comm. Rodgers asked if the line was looped, and Mr. Kelley said it was not. Comm. Rodgers felt flushing a 12" line was not economical for the City of Ocoee, and somehow should be looped. The line is approximately 300 feet long. Mr. Kelley stated it would take another 300 feet to loop the line. Mr. Ivan Dorey, Engineer, stated, there would be no problem as the water will perk within 24 hours. Mayor Ison stated he wanted to have someone he could "nail to the wall when this subdivision goes under water". Mr. Kelley stated, "It will be in the record that we have relied on the study by Orange County. If we are to take the liability for it, then we will have to do the study, and someone must pay us to do same. We can ask the developers' engineer to do this." Mayor Ison suggested setting up a taxing district and set an amount of dollars to pay for maintaining the ditch. Mr. Kruppenbacher stated they are running into problems, legally, with the taxing district. Mayor Ison asked about Mr. Kelley's suggestion, the unconditional thing how much would it cost. Mayor Ison stated he got zoning which the present Commissioners would probably not approve. Mr. Kelley stated he would have to get back with the Commission. Comm. Bateman moved to refer this back to the City Engineer, staff, and the developer's engineer to find solutions to the three concerns which the Commissioners stated; 1. looping the water line. 2. drainage ditches. 3. who will maintain the drainage ditches. Comm. Hager seconded, and the vote carried unanimously. Mr. Kelley stated that he was having a meeting with DeWitt Excavating on Wednesday. Also, Mr. Kelley reported that the people who agreed to sign easements to the City are reluctant to do so now. Mr. Kruppenbacher stated he has recommended that Mr. Griffin, Mr. Kelley and Ms. Hayman go to the homes and answer any questions those people may have and hopefully get them to understand we are not going to hurt them or take anything from them. Furthermore, Mr. Kruppenbacher stated they had title work done, by a title company and ran into two problems. 1. There is a minerals deed by the trustees of the Internal Trust Fund on Mr. Creech's property. The easement is State owned, and it will take a long time to get a construction easement from them. We do not think we should hold up because of this. 2. The title company is unable to find out who owns the cemetery. The City could go through a quiet title action, to have a court decide the City owns the property or give us an easement through there. If the h e CITY COMMISSION MEETING AUGUST 20, 1985 PAGE 5 e property had no graves, Mr. Kruppenbacker would say go ahead, since we could not find the owner. Mr. Griffin stated the graves are in the northeast corner and we will need an easement along the southern edge. Mr. Kruppenbacher stated we could take the position, since we can not find out who owns the property, that you are just going to move forward. Mr. Kelley said we could stake out the areas, and have a full time person on hand, and move forward. The City will just have to take the liability. Mr. Kelley is more concerned with the mineral easements, as they could say we did take minerals out. Mr. Griffin stated at the present time we are setting up appointments with the people we need construction easements from, to meet with them and discuss their concerns. Mayor Ison volunteered to go with the City Engineer, Mr. Griffin, and Ms. Hayman to meet with the people. Mayor Ison asked if the Commissioners would object to pay for the people to consult with an attorney. Mr. Kruppenbacher highly recommended the Commission not offer to pay for any attorney consulting persons on cemetery easements. Mr. Kruppenbacher stated if we do not get the easements from the people, and result in court action we will just include the cemetery; but if we do get the easements we will come back to the Commission for a recommendation of whether they want to proceed at a risk or wait and go through court action. Mr. Kelley stated time was of the essence as Burnt Tree has been very cooperative, but they are ready to build. Mr. Kelley stated they would be in the cemetery for about 90 days. Comm. Bateman suggested having a citizen from the Peach/Moxie area go with the representatives to talk to the people. BUDGET HEARING FISCAL YEAR 85/86 Mayor Ison explained this was the first public hearing on the Budget for 85/86. There were no comments from the public. Mr. Griffin informed that on 9-3-85 we would have the first reading of the Ordinance and the second public hearing, and on 9-17-85 we would have the second reading of the Ordinance. Mayor Ison stated that there were printouts available for the public to inspect. APPOINTMENT OF ALTERNATE TO PLANNING & ZONING BOARD . Mr. Griffin informed that he was approached by two persons wanting to serve as an alternate member for the Planning & Zoning Board; Mrs. Pat Bond, and John Linebarier. Comm. Cox moved to appoint Mr. John Linebarier to the alternate position, Comm. Rodgers seconded, and the vote carried unanimously. ~ e CITY COMMISSION MEETING AUGUST 20, 1985 PAGE 6 PRIMA VISTA UTILITY COMPANY e Mayor Ison informed the Commission that they received a packet of information containing four different reports. There has been no offers or acceptance of the plant. These reports stem from meetings held up to as late as 4:30 p.m. this afternoon. We have a report on negotiations to purchase Prima Vista. It is largely conceptual in nature, it does deal with time of closing, assets, pricing mechanism, with arriving at a value of the plant. There are two things the negotiating team still has to do. 1. There are more technical things that we must report back to you on. 2. PEC wants to submit another technical report. Mayor Ison requested the Commission read the reports and come back with any questions or comments prior to the next meeting. Also, prior to the next meeting, Mayor Ison wants to call a work session for this reason. Tom Lang is the Chairman of the negotiating team. A work session was set for Monday to discuss the Water Rate Increase Ordinance and the Prima Vista Negotiations, August 26th, at 7:00 p.m.. NEW BUSINESS There is no new business. REPORTS AND INFORMATION - CITY MANAGER e Mr. Griffin informed the Commission that they took the map of the Reserve Annex Area from the last meeting, and revised it in reference to the bottle neck on the north-east corner of the map. Mr. Griffin was asking for conceptual approval of the map, so we can proceed by taking the proposed area back to the County. Mr. Griffin also pointed out a small portion included to pick up the Hackney-Prairie road right-of-way. Because Forest Oaks is going to dump on Hackney-Prairie Road we feel it would behoove us, in planning for the City, to control the road all the way out to the Apopka Vineland intersection. These are the only changes on the map. Staff feels it is better if we control the intersection also, instead of just controlling about 2/3 of the road. Mr. Griffin informed the Commission that he has been visited by one person, on two occasions, interested in annexing three large parcels of land into the City as a unit. One of these parcels is located south of Robertson Road, and all three are located west of Maguire Road. Because the current planning boundary stops on the north side of Robertson Road, if the Commission is interested in considering a possible annexation of these parcels, the planning boundaries should be moved south to include this area. Mayor Ison reminded the Commission that the owner of this property came to the Commission about one year ago, and then did not come back. ~_. . CITY COMMISSION MEETING AUGUST 20, 1985 PAGE 7 Mr. Griffin said the Commission may be aware that there was going to be a subdivision in Lake Whitney, to include a golf course, and about $150,000.00 homes. For some reasons, Mr. Griffin was not aware of, that subdivision plan has fallen by the way side. Another developer is interested in trying to develop all this property as a unit, without the golf course, with about $80,000 to $100,000 homes instead. This is why he is interested in coming into the City, and why, if you are interested, we will need to discuss picking up this area with the County. Mayor Ison straw voted the Commissioners; Comm. Rodgers asked to remain neutral. Comm. Rodgers stated, he knew what the underlying intentions are for that piece of property and he would just rather not get involved. Comm. Cox, Hager, and Bateman voted to pick up the property. The map was acceptable to all the Commissioners to take to the County. FOLLOW-UP AGENDA e Mr. Griffin informed that Mr. John Cockrell is still working on the report on Forest Oaks Well and problems reported at the meeting of 8-6-85. Atty. Kruppenbacher is still working on the report/draft of a drainage impact fee Ordinance. Mr. Kelley reported on the drainage problems of PKP II. Mr. Griffin stated we are still waiting on a letter from the people representing Lake Blanchard Properties. CITY ATTORNEY Mr. Kruppenbacher reminded the Commission of the Tri-City League reception at the Citrus Club on Thursday night. COMMENTS FROM CITIZENS e Patricia Laing, 52 Periwinkle Key Drive, complained of the drainage problems in the trailer park, and stated that Mr. Freeman had told them there would be no flood problems, the park was well drained when they bought the property. Ms. Laing had pictures of the floods that they have had in the park. Mayor Ison explained that Mr. Kelley made a preliminary report on the drainage problems earlier in the meeting, he will determine how much it will cost to fix the problems and the best way to go about fixing it, then the Commission will make a decision and proceed. Ms. Laing stated that she understood there was supposed to be street lights all the way up the street. Mr. Freeman's daughter-in- law had told her this. Mayor Ison explained that the Commission could not do anything with her personal property but they were looking into correcting the drainage problems. Ms. Laing also complained of the mosquito problem, and was told to call the County Mosquito control. Ms. Laing was . e e CITY COMMISSION MEETING AUGUST 20, 1985 PAGE 8 instructed to follow up her complaint of mowing the easements with the Code Enforcement Board, by filing a complaint. Ms. Ruby Nichols, 49 Periwinkle Key Dr., asked who owned the easement in her back yard. Mr. Griffin stated the City owned part, along with the Shopping Center and the Sewer Co.. Ms. Shirley Spear, Coral Key Dr., also complained about the mosquitos and the drainage problem they are experiencing. Mr. Vern Combs, Sabinal St., asked the status of Geneva Manor, as the property is in back of his house. Mayor Ison explained that the property was zoned R-3, which means tri- plexes. Mr. Combs stated if that property is developed it will bring snakes out of the swamp into their subdivision. Mr. Combs was also concerned with the water run off, and stated others from his subdivision would object to the subdivision. Mr. Bruce Beatty, 311 Hormigas, Chairman of the Board of Adjustment, asked what the guidelines would be for the Board of Adjustment to either approve or disapprove a used car lot. Mr. Kruppenbacher stated he would get with Mr. Beatty and set an outline for rules and regulations the lots must comply with. These guidelines will be brought back at the 9-3-85 meeting. Mr. Beatty also wanted to know if Orlando Paving was going to come back and fix their poor quality work within his subdivision. Mr. Griffin stated Orlando Paving was planning to come back out. Mr. Beatty objected to the Geneva Manor Project, as the drainage and retention planned is hazardous. Mr. Beatty inquired about a clean up project on the entrance of Prima Vista. Mayor Ison stated they donated the paint for another entrance to a subdivision within the City so they would do the same for Prima Vista. Mr. Beatty asked for a copy of the Prima Vista report given to the Commission. COMMENTS FROM THE CITY COMMISSIONERS Comm. Hager stated the streets look a lot better after ARI has replaced sod where they put in new lines. Comm. Cox commented that he was concerned about the Police and Fire Dept. budget for next year. He also asked that the Police Dept. patrol Starke Lake more often and chase people who are swimming out of the lake. Comm. Cox asked that the Appendix C rewrite be brought up at the next meeting. Mr. Griffin reminded the Commission of his memo, where Comm. Rodgers responded the vacation weeks should be changed to give persons 2 weeks of vacation from 1-7 years of service; 3 weeks of vacation for 8-15 years of service; and 4 weeks of vacation for 16 years and over. The Commission did not have a problem with incorporating these changes. Comm. Cox then a . CITY COMMISSION MEETING AUGUST 20, 1985 PAGE 9 asked that a letter be sent to Vera Carter supporting the letter from Mr. A. D. Lowery Jr., of 800 W. Harbour Ct., to follow up the clean up of White Road. The West Orange Softball Team asked for a donation of $25.00, and Mr. Kruppenbacher donated the monies for the team. Comm. Cox would like to see the proposed impact fees Ordinance for the Fire and Police Dept. be set for a workshop. Mr. Kruppenbacher asked that the Commission hold off until after 9-3-85 meeting. e Comm. Rodgers asked if the paving projects were completed. Mr. Griffin stated that they were. Comm. Rodgers asked about the alley way paving, and how much monies were left. Mr. Griffin stated there are about $20,000.00 left. A straw vote was taken whether to pave the alley way off of Cumberland or not. Comm. Bateman voted no, and stated he is not concerned with paving a dead end road. Comm. Cox voted no, and Comm. Hager voted no as he was in favor of holding those monies for a while. Comm. Rodgers stated he was in favor of paving the alley as he would like to see all the streets paved in Ocoee, including Third St., and Lyle Street, if we could get into it. Comm. Bateman agreed with Comm. Cox, that the impact fees for the Police and Fire Dept. need to be initiated as soon as possible. Comm. Bateman complained of the poor service from Cablevision and asked that the City Attorney come back with a recommendation on 9-3-85, to get this corrected. Mayor Ison stated Cablevision is putting the Commission Meeting Agenda on the air now. Mayor Ison informed the Board that Newy Breland asked him if the City would pay for the 20' x 40' tent for the Fun Day. This will cost $666.00. Comm. Bateman moved to approve donating $666.00 to the Ocoee Lions club, to come from this year's budget. Comm. Cox seconded, and the vote carried unanimously. Mayor Ison stated Thursday, August 22, the Lions Club are having their Final Planning night for the Ocoee Fun Day at the Holiday Inn. The Commission meeting was adjOUr~~P?'. ~ MAYOR ISON . ::J~~ DEPUTY CLERK LOULOUDIS n