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HomeMy WebLinkAbout01-20-87 e MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON JANUARY 20. 1987 Mayor Ison Commissioner the %lag. called the meeting to order at 7:34 p.m. and Dabbs led in prayer and pledge 0% allegiance to PRESENT: Mayor Ison, Commissioners Johnson, Dabbs, Bateman, and Hager, City Attorney Kruppenbacher, City Engineer Kelley, City Manager Ryan, City Planner Wagner, City Clerk Catron, Water Superintendent Cockrell, Building Oxfical Hurst and Deputy Clerk Green. PRESENTATIONS AND PROCLAMATIONS M~yor Ison passed out ~n ~gend~ to the Commissioners from the January 4, 1983, City Commission Meeting which contained only a few items of business, compared to the current agenda which contained two pages dealing with purchasing 0% equipment and review/approval 0% developers agreements and plans. ~ Mayor Ison submitted a letter and a proposed bill to Toni Jennings re%erence his suggestion that different ox elected officals meet before a law suit would be Representative Daniel Webster will sponsor the bill. Senator bodies %iled. Mayor Ison informed the Commission that the Lake Apopka Restoration Council would be meeting tonight at the Orange County Services Building downtown Orlando. Bill Turnbill, representative of the Restoration Council, will be holding a meeting in Ocoee next week with Senator George Stuart and 5 Mayors 0% the West Orange County area. APPROVALS - CONSENT AGENDA Commissioner Dabbs moved to approve items A, Band C on the Consent Agenda, Commissioner Bateman seconded and the motion carried unanimously. The items approved were as follows: A - Regular City Commission Meeting Minutes 0% January 6, 1987; B - Interlocal Agreement, Orange County, Joint Planning Area; and C - Purchase 0% a Hurst Tool, replacement Engine and Cutter Tool(Fire Department). OLD BUSINESS SPECIAL STAFF REPORTS - CITY ENGINEER - Geo-technical Report (Spring Lake/Prima Vista Utilities) Mike Sima Mike Sims stated that 31 test borings had been done at dif%erent locations at approximately 5 to 8 feet deep in order to get str~tegic points of groundwater level. The City Engineer did sur%ace elevations around the area of the ponds. 1 - Page 2 City Commiasion Me.ting JanuGry 20. 1987 e Mr. Sims asked them to remember that the water table is transient, the groundwater moves perpendicular and the water table is perched above the hard pan so it will sit in the pond before it percolates. He explained that with the design level of the ponds and the surface elevations in the area only a portion of the pond closest to the homes on Spring Lake Circle would spillover onto Spring Lake Circle. He then opened the floor for discussion. Cathie Pollack, 613 Spring Lake Circle, asked if the hard pan would prevent the pond %rom working properly at the design level. Mr. Sims stated that the design level shown by DER is 140' at the bottom 0% the pond and 142' at the top and i% the pond was loaded some reversal could occur. Jerry Sims, property owner on Spring Lake Circle, asked i~ the pond was not there would they have a problem and Mr. Sims said that they would. Dennis and Kay Gillard, 606 Spring Lake Circle, asked about the drainage and altering the natural xlow 0% groundwater. Mr. Sims stated that the water table had been low and the water %rom the pond xlows away from Spring Lake. Romeo Paquette, 1703 Leslie Ann Lane, asked what could be done short 0% stopping flow from the pond and Mr. Sims said they could put a membrane along 300' 0% the pond where it overflows and that would stop it. Mayor Ison asked City Engineer Kelley what he would do under these circumstances. Mr. Kelley said he did not think this pond was significant %or the overall site, and in view of the maintenance problems and the proposed expansion, he would either modify the pond or phase it out. Mayor Ison asked City Manager Ryan if we had received correspondence back from FHA. Mr. Ryan stated that a letter had been sent to them from one ox our employees as a citizen asking about their regulations. They responded to the request and we have sent a letter asking for a copy of the authority/rules establishing the setback requirements. FHA stated in their correspondence that they did not have any requirements on existing property as xar as setbacks from sewage treatment %acilities but would not insure the mortgage on any proposed construction that lies within 400' o~ an existing facility. Mayor Ison stated that those citizens that had been denied financing had the right to negotiate some action. -- MGster Water Line Extension Policy City Engineer Kelley presented a set of plans for the design and cost of the 16" water main along S. Blu%ord to Highway 50, including the Jack and bore under SR 50, with a 10" line to Scotty's. The cost is estimated to be S225,000 and the developers along the way will help pay the difference between the 16" and the 8" line. Mr. Kelley explained that he was 75% complete with the Master Water Study and should have a 2 e Peg. 3 City Commi..ion M..~ing January 20. 1987 draft report within 4 to 6 weeks. Commissioner Hager asked i:f the 12" system was more cost effective and Mr. Kelley responded that he felt it should be the backbone of the system. Commissioner Bateman questioned whether we had a problem with the payback system and, if so, had it been resolved. THe Commission has asked that guidelines be established so that developers know "up front" what costs are and stop the payback system. Engineer Kelley stated that when the study is complete, we will have a basis for proJection of costs and are now, and will be, requiring developers to be responsible. Mayor Ison and the Commissioners have all requested that a workshop be held on the Water Extension Policy so all of their concerns can be addressed and the new Commissioners can be informed. The City Manager will contact the Commissioners and schedule a time convenient for everyone. RECESS: 8:30 p.m. CALL TO ORDER: 8:50 p.m. SPECIAL STAFF REPORTS - CITY PLANNER e Approval of Final Plat and Developers Agreement Orange Tree Plaza - (Ne~han Dykgreaf) City Planner Wagner explained that the DRC had reviewed the Final Plat, Developers Agreement and supporting documentation for Orange Tree Plaza and found everything to be in order. The Developers Agreement covers the pertinent items discussed in the preliminary approval %or the proJect and it had been recommended that the proJect be approved and execution 0% the plat be authorized subJect to %inal review of all documents by the City Attorney. Discussion then followed reference paragraph 6 0% the Developers Agreement which states the City shall have the right to move or replace the existing drainage facilities, but at its own expense. The Commission %elt that they would have no reason to move or replace the drainage facililty since it is a State Road and did not want to be responsible for the cost if it had to be moved or replaced. City Attorney Kruppenbacher stated they could accomplish what they wanted by deleting that sentence from paragraph 6 of the agreement and then it would read: "Owner reserves an easement for the existing retention pond and for drainage of surface water onto and over the ten foot additional right-o%-way dedicated along Maguire Road". Commissioner Johnson moved to approve the Final Plat and Developers Agreement, subJect to the change in Item 6, Commissioner Dabbs seconded and the motion carried unanimously. tit Approval of Developers Agreement Hidden Glen - (Bruce Stricker) City Planner Wagner explained that %inal engineering plans 3 e Page 4 City Commi..ion Meeting January 20. 1987 had already been approved and in order for the owner to begin contruction on the site, a Developers Agreement is required as surety %or the proJect. The staf% has reviewed the Developers Agreement and recommends approval and execution of the document subJect to %inal review by the City Attorney. Mayor Ison complimented staff on paragraph 7 0% the agreement and Commissioner Dabbs asked how the %ormula was determined in paragraph 6. Mr. Wagner explained that there were previous agreements in determining the formula. Commissioner Bateman moved to approve the Developers Agreement subJect to review of all documents by the City Attorney, Commissioner Hager seconded and the motion carried unanimously. Mayor Ison requested that "Criteria for Developers Agreements" also be included in the workshop session that is to be scheduled for impact %ees and capital improvements. e Proposal Modification of Recreational Assessment/Facilitiea Agreement with Rob.rt'. Ri.e - (Frenk Courtney) City Manager Ryan explained that this was tabled %rom the last meeting as requested. The Commission has three options: 1- leave the same, 2- leave the same except the size of the dock and 3- relieve the dock requirement and increase the cash contribution. Sta%f recommends #2 and the only problem is the liability. Mr. Courtney has agreed with our recommendation. Commissioner Bateman said that he was not ready %or that liability, he was not in favor 0% the dock and he favored the action 0% the Commission taken on 4-16-85 as spelled out in the memorandum to them of 1-20-87. Commissioner Hager stated that he was in agreement with Commissioner Bateman. Commissioner Bateman questioned whether it was necessary to pass a motion to that effect since they already agreed on 4-16-85 and the concurrence of the Commission was that they would have to formally make a motion. Commissioner Bateman moved that Robert's Rise Frank Courtney - dedicate the lake%ront property and the remaining net value 0% the five percent park land dedication requirement to be provided through a credit %or the additional 20 %eet 0% right-of-way granted to the City by the developer with the remainder in cash, Commissioner Hager seconded and discussion followed. Mr. Courtney asked if he could have credit for the expenses he incurred in cleaning out the lakefront and engineering xees for the proposed dock. The question was called for and motion passed unanimously. Mr. Courtney again asked i% he could be given credit for some 0% his expenses. Mayor leon asked how much money he was talking about and Mr. Courtney stated that it was approximately $2,000,00. Commissioner Dabbs stated that his gut level reaction was that we have some responsibility to Mr. Courtney based on the memo 0% 4-6-86 %rom %ormer City Manager Grif%in. Upon a straw vote by the Commission, they e 4 I j e Pege 5 City Commission Meeting Jenuery 20. 1987 agreed to allow Mr. Courtney up to a S2,000.00 credit if he can provide the invoices/supporting documentation. COMMENTS FROM CITIZENS/PUBLIC - None NEW BUSINESS Approve $23,000.00 Expenditure to complete Wofford Road Water Looping - J. Cockrell City Manager Ryan stated that in their staff report they had requested S23,000.00 %or the looping of the water line around the Florida Auto Auction. Now, they have encountered several problems; such as, Wofford Rd. - being a prescriptive road and not dedicated right-of-way - and not being a paved road. Therefore, he asked that this item be withdrawn from the agenda and there be no change in the original plans for the looping on the Florida Auto Auction property. A hold harmless agreement and easement will be secured from the property owners. e Purchase two mid size trucks for Weter Department J. Cockrell City Manager Ryan explained that the 1986/87 budget allocated Sll,OOO.OO for one new vehicle, this was to replace the 1976 Chevrolet truck. They now find that they need two vehicles, one to replace the electric car that was purchased for the meter readers as it is out of service a great deal of the time and the other to replace the 1976 Chevrolet to be used for the service division. Mr. Cockrell stated that he would need approximately S7,500.00 in addition to the S11,000.00 that had been approved. If the Commission approves the expenditure, monies can be transferred among various accounts. Commissioner Johnson moved to approve the expenditure, Commissioner Bateman seconded if they were American made vehicles and motion carried unanimously. . Reroofing for 3 Buildings et Jamela Water Plent - J. Cockrell John Cockrell explained that the Water Department was going to try to repair the roofs again this year, but they had found that most of the wood is rotten. He requested the Commission approve an amount not to exceed S5,000.00 for the new roofs at the Jamela Water Plant and to be charged to the Water Capital Improvement Reserve Account. Mayor Ison asked if all 3 buildings were used for storage and whether they would need to do all three since they are in the process of purchasing the property adJacent to the plant. They want to make sure all of the buildings are used. Mr. Cockrell stated that all of the buildings were used with the exception of one end of one 0% the buildings. Commissioner Dabbs moved to approve the request, Commissioner Hager seconded and motion carried unanimously. 5 - . Page 6 City Commission M.eting January 20. 1987 Approve $4.500.00 Expenditure for Lyle St. Water Improvements - J. Cockrell John Cockrell explained that the water system and services on Lyle Street are in a totally deteriorated state. They would like to install a 6" water main about 360' inside Lyle St., install a hydrant and reduce a line to 3" PVC by 980' to tie in. Mayor Ison reminded the Commission that this was something they had promised the homeowners on Lyle Street some time ago. Commissioner Bateman expressed concern over the right-of-way in the area. Attorney Kruppenbacher suggested we contact the phone company %or the easements. City Manager Ryan suggested the request be approved subJect to City Staff, with the attorney, working out the easements. Commissioner Hager moved to approve per the City Manager's request, Commissioner Bateman seconded and the motion carried unanimously. The monies will come %rom the Water Improvement Trust Fund Account. e Approve $1,999.00 Expenditure for Recording System City Co..i..ion M.etings - H. Catron The existing recording system has not been working and there were no monies budgeted this year for a system. A bid of Sl,999.00 had been received to replace the current system. The monies would come from the General Government, Unspeci%ied Reserve. The proposed recorder had been used but has all new parts and according to the representative for Harris Lanier, Mr. Ross Lankenau, the unit would be guaranteed like a new unit. Commissioner Johnson moved to approve the request, Commissioner Dabbs seconded and the motion carried unanimously. APPOINTMENT TO BOARDS Code Enforcement Board Two xull time members are needed for the CEB Board, each to be three year terms. Commissioner Johnson moved to appoint Cathie Pollack, 613 Starke Lake Circle, (from the alternate position) and Robert Imes, 620 Ocoee Hills Road, to the CEB Board %or 3 year terms each, Commissioner Bateman seconded and the motion carried unanimously. Board of AdJustment - Tabled until 2/3/87 Planning & Zoning Board - Tabled until 2/3/87 DaMage Reward Board - Tabled until 2/3/87 REPORTS AND INFORMATION - City Manager , Report on Police & Fire Impact Fees - City Manager requested a workshop session be scheduled for this item the Homebuilders Association be invited to attend. Ryan and A 6 -- . Pag. 7 City Commi..ion M..ting Januery 20. 1987 workshop will be scheduled at a later date.. Report on Capital Improvements Assessment - City Manager Ryan stated that he had not had time to complete this report but would have it to them so they would have time to review before the workshop. A workshop will be held on this item the sa~e time as the Police & Fire Impact Fees. Follow-up Agenda Report City Manager reported that one of the items le%t on the follow-up agenda was the letter that was to be sent to East/West Expressway Authority with a recommendation %rom the Commission on their preference %or the proposed western beltway. He asked the Commission for their guidance. Commissioner Dabbs moved that we recommend the western alignment as our pre%erence, Commissioner Johnson seconded and the motion carried unanimously. CITY ATTORNEY City Attorney Kruppenbacher presented the agreement Orange County reference the use of their facilities for Mayor to sign. with the e The City of Melbourne has passed an adult entertainment ordinance and he has requested a copy. He will get an ordinance to us as soon as he reviews the one from Melbourne. The Bill that Mayor Ison asked him to draft, reference elected o%ficials 0% different bodies be mandated to sit down and meet before they would be able to sue, has been submitted and well received by the local legislative delegation. He complimented Mayor Ison %or his e%%orts. COMMENTS FROM COMMISSIONERS Commissioner Dabbs asked if the collection of fees was still moving along and City Manager Ryan stated that they were. He reported that he had attended a presentation that Florida Hospital had made to West Orange Memorial Hospital and he was encouraged by some of what he had heard. He was looking forward to the report on Capital Improvements Assessment. . , Commissioner Johnson also stated that he would like to see the proJects from the supervisors on the workshop agenda. City Manager Ryan stated that these proJects are part of the Capital Improvement Assessment Report. He asked the status of the highway improvements at the intersections 0% SR 50 and Bluford, SR 50 and Maguire and Silver Star and Bluford. Mayor Ison explained that these improvements had already been approved and were on the DOT schedule. Commissioner Johnson commented that the lights on A. D. Mims looked good. 7 -~ . e . Peg. 8 City Commission Meeting Jenuery 20. 1987 Commissioner Hager - No Comments Commissioner Bateman stated that he would be available any Saturday if they wanted to schedule the workshop then. Mayor Ison reported that the Little League had a sign up and would like for the Commissioners to in the parade scheduled %or 3-7-87. successfull participate LAND PURCHASE - Mayor lson As approved by the Commissioners, Mayor Ison had pursued the negotiations re%erence the purchase of the property owned by Glen Thomas that was located on 1104 Jamela next to our Jamela Water Plant. The legal description of the property given as follows: Lot 194, Peach Lake Manor, Section 8, Township 22, Range 28. Mr. Thomas was in the Veterans Hospital in Tampa, Florida and was willing to negotiate a contract with the City at a purchase price 0% S28,500.00 for land, improvements and closing costs. Mayor lson asked xor approval to negotiate the contract and stated that they had a clause in the contract that this would not be in his estate i% he should die during the negotiations. He explained that it was a standard contract for purchase and sale of land. Commissioner Johnson moved to approve the negotiations %or the purchase o~ the property at 1104 Jamela, subJect to all legal requirements, Commissioner Hager seconded and the motion carried unanimously. Mayor leon gave a vote of confidence to City Manager Ryan. He has now been with the City for 6 months. City Manager Ryan asked that they take note ot the Comment Card that the City will be using and are now distr~but~ng. Meeting adJourned at 10:50 p.m.. MAYUt( ATTEST: CITY CLERK 8 ~.-