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HomeMy WebLinkAbout04-15-86 MINUTES OF THE CITY COMMISSION MEETING HELD APRIL 15. 1986 e PRESENT: Mayor lson. Commissioners Johnson: Rodgers: Bateman: and Hager. City Attorney Kruppenbacher, Interim City Manager Preston. City Clerk Helen Catron. Building Official Sam Gerace, City Planner Russ Wagner, Water Superintendent John Cockrell, and Deputy Clerk Louloudis. ABSENT: None. CA1.1. TO ORDER Mayor Ison called the regularly scheduled meeting to order at 7:32 p.m. then led in prayer and to the Pledge of Alleg iemce. PRESENTATIONS AND PROCLAMATIONS Mayor Ison announced the Planning and Zoning minutes were for the Commissioners information only. Mayor Ison presented a letter to Mr. Bill Breeze from the Commission recognizing and thanking him for his accomplishments and challenging him to continue his strive for excellence. Mayor Ison then read Proclamation 86-03 aloud proclaiming 5-3-86 "Jim Beech Day". Mayor lson announced that Proclamation 86-03 proclaims 4-24- 86 "Bicycle Safety Day". Proclamation 86-04 proclaims 5-1-86 "Law Day U.S.A.... and Proclamation 86-05 proclaims 10-8-86 as "National Firefighters Day". - APPROVA1.S - CONSENT AGENDA Comma Rodgers moved to approve the Consent Agenda, Comma Johnson seconded. and the vote carried unanimously. The following items were approved: A. Regular Commission Meeting minutes of April 1, 1986: B. Canvassing Board Meeting minutes of April 2. 1986: C. Special Session Commission meeting minutes of April 3. 1986: D. Special Session Commission meeting minutes of April 8, 1986: and E. Proposed Ordinance - Renaissance Rezoning, first reading. Interim City Manager Preston read the proposed Ordinance by title only. The second reading will be held 8-19-86. 01.0 BUSINESS Mr. Kelley reported of a problem with the repairs on the manhole at the Industrial Park Sewer plant. He feels some of the work is defective and stated they have a difference of opinion with the contractor. If they cannot resolve the problem they will be in touch with the City Attorney to see about what can be done. - Mr. Kelley also stated they should have feasibility study done by the next meeting. probably have to put out a general public Commission intends on building a plant, that the wastewater He said we will notice if the way the City can 1 . CITY COMMISSION MEETING APRIL is. 1986 PAGE 2 get an idea of how much interest there is from Mayor Ison requested a workshop be set for 6:45 the next regular meeting on 5-6-86, and also report on the subJect be given to the Commission meeting. the public. p.m. before requested a prior to the WHITAKER 011. SITE P1.AN REVIEW e Mayor Ison commented that the Commission did not receive a staff report on this item. Mr. Rick Merkel, PEC, and Mr. Sam Gerace, Building Official, stated they had no problems with the plans they submitted and the developer has agreed to all of their requests. Mr. Gerace stated this must come before the Board as the building size surpasses 25,000 square feet. Mr. Dick Mackey, Vice President and head of operations in Florida for Whitaker Chemical and Oil Co., was present to answer any questions. Mr. Mackey stated they distribute solvents to companies in this area, and the proposed site will be used to store and package these solvents. The tanks they propose to build on the site could be 20 to 30 feet high. Mr. Mackey stated Whitaker has been in business for 64 years, and they must insure that the tanks are secure and no leaks or spills occur. Additionally, Mr. Mackey assured there would be virtually no odor. Mr. Kelley stated they had not checked into any odors, spills, or leaks that may occur, these considerations were up to the Commission. The Commissioners were concerned with these items especially because Well #1 is next door. Mr. Kelley stated they could not guarantee there will not be a leak, odor, or spill, but they could look into it, if the Commission directs them to do so. Mayor Ison stated the cost of the report will be born by the developer. The Commission directed PEC to check into the possibility of infiltration through the ground, fire protection, and the odor which may occur. Mr. Mackey invited the Commission to inspect the other similiar businesses in the area, or their main plant in Panama City. Mr. Mackey stated they planned construction for six months ago and planned to do it in phases. The first phase would be the warehouse, the second would be the storage tanks. Comma Rodgers moved to approve Phase I, being the warehouse and office only, and Phase II would be acted upon at a later date, subsequent to the engineer reports. The motion died for lack of a second. Comma Bateman moved to table the subJect until the next regular Commission meeting on 5-6-86, when the City Engineer~s report will be presented. Comma Hager seconded, and the vote carried unanimously. The City Engineer and City Attorney are to check and see if any special type of public liability is needed for this type of business. -- 2 CITY COMMISSION MEETING APRIL 15, 1986 PAGE 3 . OTHER BUSINESS HARBOUR HIGHLANDS II DEVELOPERS AGREEMENT - CITY ATTORNEY Mr. Kruppenbacher informed the Commission that there were a number of items which must be complied with before Mr. Julian can start construction, and Mr. Julian is willing to comply. There was much discussion whether this proJect is under the old subdivision regulations or the new regulations. Mr. Kruppenbacher stated in either case these items still need to be complied with before construction begins. After much discussion, Comma Bateman moved to approve the Developers Agreement subJect to all the required items being accomplished, Comma Hager seconded, and the vote carried unanimously. Comma Rodgers recommended staff review this under the Old Subdivision Regulations, and that staff contact Mr. Julian directly to insure there are no communication gaps. Staff will submit, in writing: to Mr. Julian a list of what is needed. V01.UNTARY COOPERATION AGREEMENT WITH WINTER GARDEN - ATTORNEY e Mr. Kruppenbacher recommended approval of the agreement from a legal standpoint. Chief Brandt had recommended approval of the agreement. Comma Hager moved to approve the Voluntary Cooperation Agreement, authorizing Mayor Ison to execute the document on behalf of the City, Comma Bateman seconded, and the vote carried with Comma Johnson, and Comma Rodgers voted ney, and Comma Bateman and Comma Hager voted yeh: Mayor Ison voted yeh. SYLVESTRI INVESTMENTS - REPORT ON 1.EASE/BURNING Mr. Barnette, who thought he had a lease on the property, did not know the property had been sold. Comma Bateman questioned if the owners were liable according to the City~s Arbor Ordinance. Mr. Kruppenbacher stated the owners are liable for any damsge, and he would send a letter to Sylvestri Investments stating they have violated the Ordinance, snd the City is informing them if there is any other violstion the City will take action. COMMENTS FROM CITIZENS There were no comments from the citizens. NEW BUSINESS Mayor Ison called for a recess at 8:55 p.m. was reconvened at 9:10 p.m.. and the meeting e 3 CITY COMMISSION MEETING APRI1. is. 1986 PAGE 4 . OCOEE HISTORICAL COMMISSION - BETTY ERVINE Mrs. Betty Ervine was present to address the Commission. Mrs. Ervine reported that the Historical Commission has planned several money-making activities but were unable to hold them as they could not use the Maguire House. The non- profit status for taxes has not been done. The contractor who was awarded the Job of Jack and leveling the Maguire House keeps procrastinating. Mrs. Ervine is holding a Stanley party at her condominium on Orlando Avenue on Tuesday, April 22, 86, the profits will be used for the benefit of the Maguire House. Mrs. Ervine invited the Commission to attend. Mr. Kruppenbacher stated he spoke with the attorney who is working on the non-profit status about two months ago and was informed that he was waiting for some documents. Mr. Kruppenbacher stated he would check with him again in the morning. Mrs. Ervine stated members of the Historical Commission are questioning whether the House really needs to be Jack and leveled. Mayor Ison requested that Sam Gerace, Building Official, and Alton Julian, Contractor, check the House and determine if it needs done. Mayor Ison stated this item will be put on the next agenda to check on the progress. e FLORIDA POWER - STREET LIGHTS REQUESTED - M. LEE Mr. Mervin Lee, Florida Power, presented proposals for street lights on A. D. Mims Road, Hwy. 50, and Maguire Road. Mayor Ison stated the Commission did not request street lights on A. D. Mims Road, therefore these lights were not addressed. The proposal for Hwy 50 is for six street lights, which will cost S68.70 per month, and three lights for Maguire Road which will cost S34.35 per month. Comma Rodgers moved to approve the street lights for Hwy. 50 and Maguire Road, subJect to the appropriation amendment process of the budget, Comma Johnson seconded, and the vote carried unanimously. Mayor Ison asked Mr. Lee how the citizens could get street lights repaired. Mr. Lee stated they would need to call 629-1010. Mrs. Helen Catron, City Clerk, also stated if they call City Hall we report them to Florida Power. SAUER SEPTIC SYSTEMS: SECURITY TRAILER - ED HARRISON e Mr. Harrison is requesting authorization to place a security trailer on his property as he has had six burglaries. Mayor Ison informed Mr. Harrison that if this request is approved it is authorization only for one year, every first meeting in October he will need approval again. Comma Rodgers moved to allow Mr. Harrison to put a security trailer on his property to be reviewed every year for approval. Comma Bateman seconded. Mrs. Sims, who is his neighbor, complained of Mr. 4 CITY COMMISSION MEETING APRI1. 1S. 1986 PAGE S . Harrison having parties there at the trailer which is already in place, and people fixing their cars in the yard. Comma Bateman withdrew his second, and Comma Rodgers motion died for lack of a second. The Commission informed Mr. Harrison that a man and wife may watch at the trailer at night and weekends, but this trailer is not a permit for rental property. Comma Johnson moved to approve the security trailer subJect to Mr. Harrison erecting a six foot privacy fence up to the street and the renewal every October. Comma Rodgers seconded the motion. The motion carried with Comma Johnson, Rodgers, and Hager voting yeh, and Comma Bateman voting ney. REQUEST PERMISSION TO USE COMMUNITY CENTER - REV. GEORGE 30NES Rev. George Jones addressed the Commission requesting permission to rent the Community Center on a regular basis Sunday and one night during the week. Rev. Jones also asked the rental fees be waived for the time being. Comma Hager stated the Commission has had this request previously and they have never given any exceptions. All of the Commissioners agreed that they could not grant this waiver. e REPORTS AND INFORMATION - CITY MANAGER SECOND QUARTER BUDGET REVIEW Interim City Manager Preston submitted the budget review reports to the Commission, and stated that we are over-budget at the present time. He said that we should get estimates on the Engineering expenses, before authorizing the proJect. Mayor Ison stated the lease agreement for the four cars for the Police Dept. was an experiment, and obviously is not working therefore requested the program be terminated after the funds budgeted are depleted. Comma Johnson moved to scratch the lease expense from the Police Dept., Comma Rodgers seconded, and the vote carried unanimously. Comm. Bateman stated he did not want any Police Officer on the street without a car. Mayor Ison requested Mr. Preston spend time with the department heads before the next Commission meeting and overhaul the budget. The City has increased revenue this year compared to last year~s revenue. Mr. Preston suggested the Commission look into getting a City staff engineer in order to cut engineering fees expense. Mayor lson stated he wanted to spend some time on the budget and get to where we have a surplus at the end of the year, as in previous years. ~ I . Mr. Russ Wagner, City Planner, stated he received a call from Orange County, Alan Ispass, who informed us that Orange 5 CITY COMMISSION MEETING APRIL is, 1986 PAGE 6 e County has had a request from a developer to extend water lines from their plant on Clark Road. The proposed subdivision is on White Road across from Sleepy Harbor, known as Harbour Highlands III. This property is zoned R-1 in the County, which is lots of 6000 square feet, with 600 square foot homes. The Commission obJects to this zoning but instructed Mr. Wagner to contact the County and let them know that we will serve the proposed development with water. Mr. Kruppenbacher stated they would meet with the County before the next meeting, and talk to them about the City supplying the water, if the Commission so desires. Then we will have to adopt an Ordinance so we can extend our water lines past the City boundaries. The Commission agreed to try to serve the parcel with water, and to meet with the County before the next meeting to see i% they have any obJections. Mr. Preston stated Mr. Cockrell is having an electrician review the schematics at Forest Oaks Water Treatment Plant, and if it checks out the plant will be ready for acceptance. Mr. Cockrell stated he trusts this electrician, because he has re-wired and worked at the Kissimmee and Jamela plants. e Mr. Preston stated the Public O%ficial~s liability insurance has expired as of 4-1-86, which means no more claims will be covered no matter if it occurred during the policy timeframe or not. If anyone %iles suit against the City at this time, even if the claim occurred during the policy period, the company will not cover it. Mr. Kruppenbacher recommended the Commission extend this coverage. Comma Bateman moved to approve the 36 month extension, subJect to amending the budget process, Comma Hager seconded, and the vote carried unanimously. Mr. Gerace reported that a citizen called and complained about Prima Vista Utilities bringing in four 45,000 gallon storage tanks on their north west property line north east of Ocoee. Mr. Kruppenbacher recommended that we call Prima Vista and find out what they are doing, and what the tanks are to be used for. CITY ATTORNEY Mr. Kruppenbacher had no comments. COMMENTS FROM COMMISSIONERS e Comma Rodgers stated he wanted a spot audit done on our books to protect Mr. Preston, Comma Hager seconded, and the vote carried unanimously. Comma Johnson had no comments. Comma Hager said the south corner of Taylor and Lee Street has a bad hole, six to eight inches deep. Comma Bateman 6 CITY COMMISSION MEETING APRIL is, 1986 PAGE 7 . thanked Buddy Elmore and his crew for their efforts in the bed race. Comma Bateman referenced a memo from the City Manager dated 3-18-86, about the streets in Forest Oaks, and stated he went there two days later and noticed a lot 01 red or orange marks. Comma Bateman then requested a sta%f report on this on May 6, 1986 meeting. Comma Bateman also requested on May 6, 1986, to have an Ordinance to give a new name to the Old Winter Garden Road extension to Bill Breeze Blvd.. Mayor Ison reminded Comma Bateman that we had Just passed an Ordinance to change that to Professional Parkway. Comma Bateman stated there is a traffic hazard at the corner 0% White Road and Good Homes Road. He stated the developer has erected a brick wall, which forces anyone going east on White Road to get into the intersection to see any oncoming traffic. Comma Bateman spoke with the employees of the Circle K store, who said since the wall has been erected there has been an average of two accidents per week. Comma Bateman requested staff have Orange County traffic engineer look into this and submit a report to the Commission. Mayor Ison suggested we check into a previous request in which Orange County was asked to build a service entrance into the landfill. e Mayor Ison announced that the CD's with First Orange Bank expire this month, 4-15-86 respectively. The Commission approved Mr. these CD~s where we get the best return. Bankers and and 4-10-86, Poston investing e Mayor Ison suggested having a process set up to where anyone petitioning for annexations or rezonings will pay for all City Attorney and City Engineering %ees. Mr. Preston suggested that these costs be estimated and be paid in advance. Mr. Kruppenbacher will report on this at the next meeting. Mayor Ison also explained to Mr. Preston that the Commission has requested that only necessary expenditures be made during the first and second quarters of the budget. Mayor Ison stated according to the printout of revenues and expenditures this request did not have much impact. Mayor Ison stated the Police Dept. is enforcing some parking Ordinances which the citizens do not have knowledge of. Mayor Ison suggested we go through a public relations program first, making them aware of the Ordinances, possibly by running an advertisement in the newspaper. Mayor Ison stated he has had at least %ifteen citizens ask what happened to the Police Officers who used to walk through the parks, youth centers, and fields. This helps cut down on vandalism and also helps public relations. Mayor Ison then stated the privacy fence which was erected around the parking area of the Police Dept., was not approved by the Commission. He requested the fence by taken down and sold or put somewhere else within the City. 7 CITY COMMISSION MEETING APRIL 1S, 1986 PAGE 8 . The meeting was adJourned at 11:30 ATTEST: e . 8