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HomeMy WebLinkAbout06-03-86 MINUTES OF THE CITY COMMISSION MEETING HE1.D 3UNE 3, 1986 e PRESENT: Mayor Ison, Commissioners Johnson: Rodgers: Bateman; and Hager; City Manager Preston, City Attorney Kruppenbacher, City Engineer Kelley, City Clerk Helen Catron, Building Official Sam Gerace, Planner Russ Wagner, and Deputy Clerk Louloudis. AISINT: None. CAL1. TO ORDER - MAYOR ISON Mayor lson called the regularly scheduled meeting to order at 8:32 p.... The .eeting waa scheduled one hour later due to the Election held in the Community Center. Mayor lson led in prayer and to the Pledge 0% Allegiance. PRESENTATIONS AND PROC1.AMATIONS Mayor Iaon announced the reaults of the election for our precinct. There were 1147 votea cast: 115 votes for MTA and 1,036 votes cast againat it. CONSENT AGENDA - Mayor Iaon asked the Commission if they wanted any item pulled from the Conaent Agenda. None were pulled. Comma Rodgers Moved to approve the Consent Agenda, Co.m. Bateman seconded, and the vote carried unanimoualy. The following iteMS were approved: A. Regular ComMission Meeting Minutea of May 20, 1986. 8. Workshop Meeting Minutes of May 19, 1986. C. Reappointment 0% Frank Carlsson to the Code En%orcement Board. D. Reappointment of Albert Nettles to the Board of AdJustment. E. Proposed Ordinance, Establishing Development Review Fees, First Reading. F. Proposed Ordinance, Establishing Minimum Requirements on cul- de-sacs, First Reading. G. Proposed Ordinance, Correcting and amending Budget Ordinance 843, First Reading. H. Proposed Ordinance, Amending Budget Ordinance 843, Providing for General GovernMent Service Account, First Reading. Mr. Preston read the Proposed Ordinance establishing Development Review fees by title only. The second reading will be held 3uly 1, 86. Mr. Preston read the proposed Ordinance Establishing Minimum Requirements %or cul-de-sacs by title only. The second reading will be held 3uly 1, 1986. Mr. Preston read the Proposed Ordinance correcting and amending Budget Ordinance 843 by title only. The second reading will be held 3uly 1, 1986. Mr. Preston read the proposed Ordinance Amending Budget Ordinance 843, Providing for General Gov~t. Service Account by title only. The second reading will be held July 1, 1986. e 1 - CITY COMMISSION MEETING JUN3 3, 1986 PAGE 2 01.D BUSINESS REPORT ON FLOURIDATION PROJECT e Mr. Preston stated the Minutes, concerning the Flouridation Program and the presentation o~ the program to the Commission by Mrs. Allen, reflect that the Commission was in~ormed that they would have to pay a portion of the costs. They spell out exactly what is expected of the City and what the State will pay for. ComMa Rodgers expressed opposition to the prograM, stating it was not a top priority item. Comma Hager agreed with Comma Rodgers. Comma Bateman stated Comma Rodgers had made the motion to authorize the program an he had seconded. Comma Bateman stated he was in ~avor of it t en and still is now. Comma Johnson was also in favor o~ the ogram. Comma Rodgers then moved to abandon the flouridation prograa, Comma Hager seconded. This opened the ~loor ~or discussion. Mr. Preston stated the City has the money for this program. Mr. Kelley stated he hoped the Commission understands that this is specialty engineering therefore it is di~~icult to estimate the bids. Mr. Kelley had previously estimated $35,000.00. He stated the State will pay for the flouride for two years, then the City must pay ~or it. Comma Bateman asked i~ the Commission could void an Ordinance with a motion. Mr. Kruppenbacher stated the Commission must pass an Ordinance repealing the Ordinance. Secondly, Comma Bateman felt the citizens should have an oppportunity to voice their opinions for or against the ~louridation program. Mr. 30hn Linebarier, 1308 Center St., aSKed the cost of the maintenance after the State discontinues paying for the flouride. Mr. Preston stated it would cost approximately S2,300.00 per year. Mr. Kelley stated the proJect could be finished in 120 days ~rom now, at which time, the City would have to pay for the work done. Mr. Kruppenbacher stated if the motion carries, he would draft an Ordinance repealing the Ordinance passed authorizing the program. Mr. Burton Smith, 618 Aldama Ct., stated the City spends a lot 0% money on playgrounds for the children in Ocoee and ~elt monies spent on the flouridation program would also benefit the children to help fight cavities. At this time, the vote was taken, it was a tie with Comma Rodgers and Comma Hager voting yeh, and Comma Bateman and Comma Johnson voting ney. The Mayor votes in the case of a tie; Mayor leon cast a ney vote, which defeated the motion to abandon the program. WHITAKER OIL REPORT AND P1.AN APPROVAL Mr. Preston stated they asked to be tabled until the next regular meeting. e 2 CITY COMMISSION MEETING JUNE 3, 1986 PAGE 3 e REPORT ON PEACH/MOXIE Mr. Kelley stated the bids have been received %or the planting o~ the vegetation area around Lakes Peach and Moxie, as required by DER. Aurora submitted the low bid 0% S2,200.00. Mr. Buddy Elmore~ Street Supervisor, stated his department does not have the equipment to handle such a proJect and feels they could not do it for the bid amount. Comma Rodgers moved to approve the bid 0% S2,255.58 %rom Aurora~ Comma Bateman seconded, and the vote carried unanimously. e Mr. Kelley stated the Street Dept. is trying to clean out the ditches, although he feels they May have to put it out for bids as Mr. Kelley did not know if the Street Dept. can finish all o~ theM. The Palm Drive ditch needs to be cleaned out and the City does not have the equipMent to clean the ditch properly. Mr. Kelley requested the City submit for competitive quotations to clean the ditch from Palm Drive north past the City liaits to the wetlands, which are at least one mile away. Mr. Preston asked i~ the City has releases from all those property owners. Mr. Kelley stated we had the names and addresses but was not sure if the letters were mailed. Mr. Kelley stated he did not beleive the City had enough o~ this type of work to warrant purchasing equipment. Mr. Kelley stated the manhole was sealed at WOUT for S895.00. Mr. Kelley stated the original bid was for S19,750.00 by MVG although they did not fix the man hole therefore Mr. Kelley has negotiated a change order with MVG, and they have agreed, to change the amount to S12,500.00. The 12 month warranty is still in ef~ect. Mr. Kelley recommended the City hire a civil engineer to oversee the proJects and handle the inspections. Mayor Ison asked if he felt this would be cost effective for the City. Mr. Kelley stated it probably would if the growth rate stays the same, and the engineer could also do other work for the City Mr. Kelley stated he would reCOMmend the COMmission hire an engineer immediately. Mr. Preston stated he would try to put this item in next year~s budget, also the new City Manager should have input on this subJect. ORDINANCE 878. VACATING A PORTION OF CHICAGO AVENUE RIGHT-OF- WAY, SECOND READING . Mr. Wagner pointed this out Ordinance by title only. citizens. Comma Rodgers Comma Johnson seconded~ and on the map. Mr. Preston read the There were no comments from the moved to approve Ordinance 878~ the vote carried unanimously. 3 CITY COMMISSION MEETING JUNE 3, 1986 PAGE 4 e OTHER BUSINESS OCOEE HISTORIC COMMISSION - BETTY ERVINE Mayor Ison stated he was asked to relay their request. Mrs. Ervine wants authorization from the Commission to have combination Friday and Saturday Work Days through June at the Maguire House. Mayor Ison stated Friday they are asking for Ispare City employees~ to help out, maybe two from the Street and Recreation Department, and Saturday would be a citizen workday. The Commission approved the use of City employees on Friday. Their goal is to get the plumbing in working order and get the porch fixed up. Mayor Ison stated he was donating one month~s Mayor1s salary to benefit the Maguire House. Everything is filed in Washington for the tax status although it will probably take six months, but they make it retroactive. Mr. Burton Smith stated people can make donations payable to the City, then the City could make a check payable to the Historic Commission~ and then it is tax deductible as the City of Ocoee is a non-pro%it organization. e Mayor Ison announced the results county wide: Osceola County - there were 16% %or the MTA and 84% against it. Orange County - 20% for the MTA and 80% against it. Seminole County - 40% for the MTA and 60% against it. COMMENTS FROM CITIZENS/PUB1.IC C1.ARIFICATION OF PARKING ORDINANCE - C. HAYES, 1.UCE J. WEED, P. . Mrs. Cheri Hayes, 705 Ridgefield Ave., presented a petition with 119 signatures which opposed the parking Ordinance in effect. Mrs. Hayes stated it took her only three hours to obtain these signatures. She explained the Ocoee Police Dept. is issuing tickets to persons who park their cars over that portion 0% the sidewalk which is in the driveway. Mrs. Hayes contacted Apopka, Winter Garden~ Orlando Police Depts, and the Sheriff~s dept., and discovered they do not issue tickets for this. She showed pictures of parked cars along with a report. These citizens beleive the intent of the law is not to include that small portion of sidewalk which is in your driveway and they are asking that the Commission consider the spirit 0% the law instead of the letter of the law. Mr. Luce, 725 Vandergri%t Dr., stated they had three cars and complained that the o%%icer did not come to the door and ask that the car be moved be%ore writing a ticket. Ms. Debbie Sweat, Noelwood Ct.~ stated an o%ficer gave tickets out to her whole street then went across the street and gave out a warning. Chief Brandt stated they are enforcing an Ordinance which speci%ies no parking on sidewalks where 4 . CITY COMMISSION MEETING 3UNE 3, 1986 PAGE S e people walk. Chief Brandt also stated that case suits have been filed where walkers had to go around vehicles which were parked over the sidewalk because they were forced to walk around the vehicle and, consequently, sprained their ankle or hurt themselves in some way. Mr. Kruppenbacher asked that the item be tabled until the next regular meeting to give him time to research this matter. Chief Brandt stated our Ordinance is copied from the State Statutes almost word %or word. Mr. Kruppenbacher stated there is a phrase within the law that states, "unless or except there is a con%lict with traf%ic flow." The Commission can direct the Chief to say no parking on sidewalks and en%orce the law or direct the City Attorney to research %or case law and have the City Attorney make an interpretation. Mr. Kruppenbacher asked for a short break to discuss the matter with Chief Brandt. Mayor Ison called for a break at 10:15 p.m.. The meeting was reconvented at 10:20 p.m.. Chie% Brandt explained that the law states "an o%%icer ~ may~ issue a citation, . " and he %elt com%ortable not issuing any citations for vehicles which are parked in the driveway across the sidewalk, until the next regular meeting. when the City Attorney will have a report on the liability issue. Chief Brandt felt the City should have some sort 0% newsletter distributed to the citizens to inform them of new laws or Ordinances the City passes. NEW BUSINESS OB3ECTION OUE1.1.ETTE TO NAME CHANGE - PROFESSIONA1. PARKWAY - 8. Mr. Bud Ouellette, Vice-President of General Elevator, stated they are the second largest elevator company in Florida and employ 218 people. Mr. Ouellette stated they were not notified of the name change from Old Winter Garden Road to Professional Parkway. He did not have an obJection to the name, Just that they were not noti%ied. He felt the name change would cost General Elevator approximately S50,000.00 to replace their business cards, letter head, etc.. Mayor Ison suggested the City put both street names up until July 1988. Comma Johnson said the Post Of%ice would have no problem with this. The Commission had no obJection with this suggestion, although Comma Rodgers requested that all new businesses use the name Pro%essional Parkway. The Commission directed the City Clerk to send letters to General Elevator, the Post O%%ice. and the emergency number 911, to inform them 0% the change. . 5 . CITY COMMISSION MEETING JUNE 3, 1986 PAGE 6 HIDDEN OAKS DEVE1.0PERS AGREEMENT - CHAR1.ES SNIDER Mr. Charles Snider requested to be placed on the agenda to address the Developers Agreement between himself and the City of Ocoee, particularly paragraph 8. Mr. Snider would like this paragraph revised to include improvements made south o~ the subJect property along Delaware Street so that the City will require the landowners, whose real property abuts Delaware Street, to reiMburse the developer for 1/2 of the costs expended by the developer in constructing said improvements: excluding the cost of constructing the sidewalks along the north right-of-way of Washington and the south right-of-way of Delaware Street. The City will require said landowners to make such a reimbursement before any construction or development activity commences. Mr. Snider secondly stated they orginally agreed to a one year bond. Mayor Ison stated presently the Commission requires a two year bond. Paragraph 4 was changed to required a two (2) year Maintenance bond. The Commission had no problem with these changes. Mayor Ison thanked Mr. Snider for the consession stand he built for the City. DISCUSSION OF WATER SERVICE HARBOUR HIGHLANDS VI1.LAGE e Mr. Headley stated the subJect property is currently in the County. The County has no obJection to the City serving the proposed subdivision with water service. Mr. Headley stated they have already obtained a plat approval through Orange County, and it was his understanding that the City has the availability and capacity to serve them with water. Mr. Russ Wagner, City Planner, stated Orange County will do the in-depth Subdivision Review process and Ocoee will only do a brief review, as our subdivison regulations are basically the same. The City will grant approval of the plans subJect to the City of Ocoee reviewing the plans and the City of Ocoee will supply the water service. Once Mr. Hedley begins development of the property, they will annex into the City of Ocoee and all building permits will be obtained through the City of Ocoee. Mr. Kruppenbacher questioned whether Orange County would collect their impa~t fees. Mr. Wagner stated there would be no impact fees required of the developer. Mr. Hedley explained they have plans to develop the property to phase into Sleepy Harbor, by starting with 8000 sq. ft. lots and 1400 sq. ft. living space, on the property outlining Sleepy Harbor. The phase of the proJect that Joins Lake Olympic Townhomes would be designed with 6000 sq. ft. lots, and 1200 sq. ft. living space. Mr. Hedley assured the Commission that the homes will be quality homes. The COMmission strongly obJected to this zoning, and reCOMmended Mr. Hedley develop the property under R1AA zoning. R1AA zoning requires the lots to be 9000 sq. ft., and the living e 6 .' CITY COMMISSION MEETING JUNE 3, 1986 PAGE ? space to be 1400 sq. ft.. Mr. Headley will have the plan redone and reflect R1AA zoning. The Commission also discussed the Recreational Fee Assessment, and straw voted to receive 5% of the total sale versus the 5% land dedication. Comma Rodgers expressed concern with the 'goose-neck' shown on the corner lots, the design 0% the streets, and the retention pond location. Comma Rodgers would pre%er that the retention pond be located so that there would be minimum exposure to the lots. Comma Hager stated they would also be required to %ence the retention pond. NEGOTIATIONS WITH PRIMA VISTA UTI1.ITIES REF: WOUT P1.ANT - Mr. Kelley reported that Prima Vista Utilities felt something could be worked out with the City. Mr. Kelley stated he has sent a letter to DER describing our negotiations concerning the plant, and asked for an extension. He stated they will begin night time surveillance 0% the flows. He reviewed the water records today, and the flows appear to be in the 40,000 gpd range. Mr. Kelley stated the ground water leaking into the lines seems to be most noticeable at the wet well in the pumping station. Mr. Kelley requested the Commission authorize an expenditure of S800.00 to S2,000.00 to make improvements to the wet well, to insure the flows are at a minimum. Comma Rodgers moved to approve up to S2,OOO.00 to make wet well improvements, Comma Johnson seconded, and the vote carried unanimously. RENEWA1. OF TRAFFIC SIGNA1. SERVICE AGREEMENT WITH ORANGE COUNTY Comma Johnson moved to approve the traffic signal agreement with Orange County, Comma Rodgers seconded, and the vote carried unanimously. REPORTS AND INFORMATION - CITY MANAGER OVER1.AP OF CITY MANAGER AND INTERIM CITY MANAGER Comma Rodgers positions of days, Comma unanimously. moved to extend the overlap of City Manager and Interim City Manager Johnson seconded, and the vote the two for 90 carried . Mr. Preston informed the Commission of a sink hole located off of Russell Drive, which is on private property. Mr. A. Julian offered the City fill dirt for S3.50 per yard. Mr. Preston stated the City might want to try putting in fill dirt before it gets any larger and threatens the right-o%- way. Mr. Kruppenbacher advised the Commission not to go on private property. Mr. Kruppenbacher stated the City could 7 CITY COMMISSION MEETING JUNE 3, 1986 PAGE 8 . call Jammal and Associates in case 0% an emergency over the weekend. Mr. Preston will notizy the property owners of the offer of fill dirt by Mr. Julian. F01.L.OW-UP AGENDA Mr. Preston reminded the Commission of the Joint P & Z meeting on July 8~ 1986. CITY ATTORNEY Mr. Kruppenbacher stated he had received word from a Mr. Dann who has property within City limits and stated he never wanted to be in the City. Mr. Kruppenbacher will check with Mr. Russ Wagner and the City will begin de-annexation procedures if necessary. Mr. Kruppenbacher also informed the Commission that he would like to meet separately with each Commissioner some time in the near future. He stated the meeting would only take approximately one hour each. COMMENTS FROM COMMISSIONERS . None 0% the Commissioners made any comments. Mayor lson stated he had been contacted by the Grandmothers Club in Ocoee. They are asking the Commission zor authorization to utilize the Lounge area in the Community Center free 0% charge during the day~ for their approximate nine meetings per year. The Commission agreed to this use of the Community Center by the Grandmothers Club. The meeting was adJourned at 11:5~g A --------------~-------- MAYOR ISON ATTEST: . 8