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HomeMy WebLinkAbout06-02-87 MINUTES OF THE CITY COMMISSION MEETING HELD ON JUNE 2, 1987 . Mayor Ison called the meeting to order at 7:35 P.M. and led in prayer and in the pledge of allegiance to the %lag. PRESENT: Mayor lson, Commissioners 30hnson, Bateman, and Hager; City Manager Ryan, City Attorney Kruppenbacher, City Clerk Catron, City Planner Wagner, Public Works Director Occhiuzzo, City Engineer Kelley, and Deputy Clerk Green. ABSENT: Commissioner Dabbs' absence for an employment function was excused. PRESENTATIONS AND PROCLAIIATIONS Mayor Ison read a note of thanks expressing her gratitude to the Mayor their recognition and gifts in honor birthday. from Estelle Freeman and Commissioners for of her one-hundredth APPROVALS - CONSENT AGINDA ''- Commissioner 3ohnson moved to approve all items on the Consent Agenda, Commissioner Bateman seconded, and approval was unanimous. The items approved were as %ollows: A Regular Commission Meeting Minutes of 5-19-87; B - Special Session Commission Meeting Minutes of 5-20-87; C Reappointment to Code Enforcement Board of Bob Sorenson for a term to June, 1990; D - Reappointment to Board 0% AdJustment of Vern Combs and Bob Colburn; E - Reappointment to the Planning and Zoning Board of Burton Smith for a term to June, 1990; F - Fire Interlocal Agreement with Winter Garden; and G - Proposed Ordinance, Prohibiting Billboards. City Manager Ryan read the proposed ordinance by title only. Two individuals were present who wished to address the Commission about the proposed billboard ordinance. Bruce Thomas, 3014 Horatio, Tampa, represented the 3unior Poster Group, a national organization which opposed large billboards and supported smaller, unlighted "posters" of no more than fifty-five square feet. He appealed to the Commissioners to change the ordinance to allow the posters within the City. Cindy Polverino, of Eagle Outdoor Advertising in Orlando, explained that her firm had placed %our signs on Bluford, with City permits, and had plans for two more signs. She said that her %irm could not recoup its investment in three years and asked the Commission to consider a more lenient ordinance. OLD BUSINESS Special Sta~~ Report.. - City Engineer - To. Kelley 1 . Peg. 2 Cit.Y1Coaai..ion M..t.ing 3un. t, 1987 Coat. Eatimate for Silver Star/Highway _437 and Silver St.er/Franklin St.re.t. Iaprov..ent.a City Engineer Kelley stated that he initially did an estimate and design for a five year period. Then he was asked to consider Palm Drive, therefore he had done some additional design work with the realignment of Palm Drive. He estimated a cost of approximately $460,000.00 for the proJect that included the area from Palm Drive to Franklin, subJect to variables and location of retention ponds. He presented an estimate of $400,000.00 for the paving of Bowness Road. These figures were based on a rural, two-lane road sixty feet wide and three thousand feet long. Mr. Kelley stated that this was Just a preliminary estimate as other factors such as wetlands/drainage, right-of-way acquisitions, litigation, side-walks, etc. would have to be considered. Paul Staes, P.E.C. highway engineer, assisted Mr. Kelley with the presentation and suggested that D.O.T. be contacted reference utilizing Bowness Road. . Mayor Ison asked Tom Kelley where they should proceed from here reference Bowness Road. Mr. Kelley suggested they authorize a preliminary report with a geometric design at a cost of approximately $20,000.00. Mr. Kelley stated using a normal schedule it should take approxiaately 120 days. Mayor Ison asked the Commission to change their priority to the paving of Bowness Road and then phase in the other intersections. City Manager Ryan told the Mayor that he thought his proposal was excellent, and suggested they present it at the DOT meeting in Tallahassee on 3une 12th. Several of the Commissioners suggested that some of the property owners along Bowness Road might be willing to donate right-of-way. Mayor Ison requested that (1) they approach the Franklin Street signalization as soon as possible along with plans for turn lanes and right-of-way acquisitions, and that (2) they meet with DOT reference Bowness Road and schedule a report for the 3une 16th Comaission Meeting. He also asked for a different time schedule for the Bowness Road preliminary design somewhere between 10 and 120 days as he was not satisfied with a 120 day time-frame. The Mayor suggested that the City Manager call the owner of the Palm Drive Shopping Center reference the right-of-way along Palm Drive. Mr. Kelley presented a status report on the ditch cleaning proJect and stated that it should be completed within the next two weeks, and commented that Mr. Hendrix had done a very good Job. He suggested it would be in the City's interest to acquire right-of-way along the ditch systems for the purpose of continuous maintenance. e Mayor Ison directed Attorney Kruppenbacher to prepare an 2 . Peg. 3 C1t.y~o..is.ion 1I..ting 3un.-~~ 1987 annual maintenance program/financing plan for continued maintenance of the ditches, for example, special assessments by front footage or a special taxing district. Public Work. Dir.ct.or - Tony Occh1uzzo Tho.a. Ho.. .oving Director Occhiuzzo reported the receipt of two bids for the house moving contract. Modern Moving and Wrecking had submitted a bid of S12,818.75, and George Saunders Building Moving Company had submitted a proposal for S15,657.00. The only deviation was insurance coverage for S300,000.00 by Modern Moving and Wrecking instead of Sl,OOO,OOO.OO coverage as outlined in our specifications. Mr. Occhiuzzo commented that their existing coverage was sufficient for this work and recommended that the specified limits be waived and the proposal by Modern Moving accepted. He also recommended an additional S3,000.00 to S5000.00 be budgeted %or post move costs, for site completion, utility hook ups, a septic system, etc. to make the building habitable. - Commissioner 30hnson questioned the previous appraisal for S9000.00 for the moving of the house, and City Manager Ryan explained that the earlier quote was not a bid and that firm had decided not to bid the Job. Commissioner Hager said he was hesitant to accept only S300,000.00 liability insurance, and recommended the City require Sl,OOO,OOO.OO. Discussion ensued about the equitability of accepting a bid which did not meet contract speci%ications, and Attorney Kruppenbacher advised the Commissioners to throw out the bids and to re-bid the contract. Mayor Ison directed Staff to re-bid with a specification of Sl,OOO,OOO.OO insurance coverage and that the proJect be completed prior to July 1st. e Bluford R..urfacing Public Works Director Occhiuzzo reported that DOT Maintenance Engineer Downs had indicated that DOT would include areas along Bluford that needed resurfacing. He had met with Mr. Downs on 3une 1st to discuss specific areas that were of concern to the Commission. Mr. Downs stated that the State, at their cost, would complete the portion of paving from Mitchell's property to the bridge/culvert by the end of July. The Commission questioned whether DOT had approved the paving in front of Mitchell's property, as they were not satisfied with the quality of the work. Mayor Ison asked if a Certificate of Occupancy (CO) had been issued for Mr. Mitchell's building on Bluford, and he was told it had not been issued. The Mayor directed City Engineer Kelley and City Manager Ryan to meet with DOT Director and his supervisor to question their approval of the substandard 3 - Pag. 4 Cit.y Coaai..ion 1I..t.ing Jun. 2, 1987 paving, and to have it redone. He also asked that the CO be withheld from Mr. Mitchell until the paving is corrected, and that Mr. Mitchell be notified of the decision. - D.O.T. Schedule ~or Franklin St.r..t. Director Occhiuzzo reported some of the DOT street improvements scheduled for the Ocoee area as follows: 1. Intersection improveaents at Silver Star Road and Bluford Avenue - fiscal year 1988 at an estimated cost of $346,000.00. 2. Installation of a traffic signal at the intersection of Franklin Street (SR 439) and SR 437 with inclusion of turn lanes and necessary approaches. The work involves a distance of 0.706 miles along Franklin Street at an estimated cost of $50,000.00 and is scheduled for fiscal yar 1988. 3. A preliminary engineering study is scheduled for Silver Star Road (SR 438) from Bluford Avenue to Hiawasse Road, for a distance of 4.8 miles in fiscal year 1990 at an estimated cost of $450,000.00. A public hearing on DOT planned improvements had been scheduled in Tallahassee on 3une 12th, and any comments or suggestions to the proposed plan should be presented to DOT at that time. Mr. Occhiuzzo recommended sending representation to that meeting. In response to the Mayor's question about other road improvements planned for the area, City Planner Wagner responded that he had requested the intersection improvement scheduled for Good Homes Road/Silver Star in 1990 be moved ahead, but his request was denied. Ot.h.r Bu.in... Rat1~ication o~ Filing o~ Count.erclai. Againat Prima Vista Ut.ilit.i.., Sp.ciel Legel Coun..l City Manager Ryan reported that Special Counsel Drew Thomas had requested the item be pulled from the Agenda, and tabled until after the negotiations on June 4th and 5th. COIIIIENTS FRO" CITIZENS/PUBLIC e Diacuaaion o~ operational regulations on boat docks Commissioner Bateman commented that residents had experienced a number of thefts of boating equipment both on the lakes and in their yards (six cases were reported on May 23rd), with the highest incidence occurring around holidays. At their meeting on May 25th, Sleepy Harbour homeowners discussed closing the boat docks from 11:00 P.M. to 6:00 A.M. as 8 possible means of curbing the problem. He had asked for the item to be on the Agenda so that it might be discussed. He 4 - Page ~ Cit.y Coaai..ion Meeting 3un. 2~ 1987 noted for the record that he agreed with the laws of the State which provide that the waters belong to the residents of the State, and that he disagreed with the closing of the docks. Mr. Bateman asked for the help of the City Manager and Police Chief Boyd in dealing with the thefts, and added that the Homeowners Associations of Sleepy Harbor and Prima Vista would be willing to help. After discussion of Jurisdictional questions regarding law enforcement on Lakes Starke and Prima Vista, Attorney Kruppenbacher advised Chief Boyd to contact the Orange County Sherixf's Department and the Winter Park Police Department about the policies for regulating the chains of Lakes Butler and Winter Park respectively. Chief Boyd stated that Ocoee police officers were sworn deputies for Orange County, and he would notify Orange County Sherifx's Department that Ocoee officers will be patrolling the Lakes Starke and Prima Vista over the Fourth of 3uly Holiday week-end. e Harold Switzer, 609 East Lakeshore Drive, related experiences with receiving conflicting answers in the in response to questions of law enforcement Jurisdiction the lakes. Attorney Kruppenbacher assured him that officer can act as a deputy if the law is being violated. his past on any Tom Slimick, 408 East Lakeshore, reported that his neighbor had been charged with reckless boating and ticketed by an Ocoee officer. He also commented that the boat dock on Starke Lake needed repairs, and the Mayor asked City Staff to check on the dock and determine what kind ox repairs were needed. Mayor leon suggested that a parking/boat ramp xee might be a means of achieving more regulation of the lakes. R. P. Mohnacky, 1820 Prairie Lake Boulevard, questioned the alignment of Good Homes Road and Apopka-Vineland. Cebl. Televi.ion Servic. Coapleint.. Tim Sidell, 507 Withers Court, complained about continuing problems with interruptions in cablevision reception and unsuccessful atteMpts in contacting Cablevision, Inc.. e In light of the history of complaints from many citizens about similar difficulties, Mayor leon suggested that the Commission grant the City Attorney and City Manager authority to lay the predicate to revoke the franchise of Cablevision, Inc. due to a continuing level of poor service. Commissioner Bateman moved to approve granting the authority as suggested, Commissioner Johnson seconded, and approval was unanimous. 5 e Page 6 Cit.y Coaai..ion 1I..t.ing Jun. 2~ 1987 App.erance of Cit.y lot. in For..t. Oek. Commissioner 30hnson remarked that the lot in Forest Oaks owned by the City badly needed improvement. Mayor Ison suggested a meeting with the Forest Oaks Homeowners Association to determine their desires for the lot, and he directed Public Works Director Occhiuzzo to look into the matter. NEW BUSINESS None. REPORTS AND INFORIIATION - CITY IIANAGER Follow-up Ag.nde Mayor Ison inquired about the status 0% the City Engineer's analysis of drainage problems/retention pond-filter system feasibility for Starke Lake. He urged immediate start of the paperwork, contact with the County, and to "get-going" with the proJect. e A & E Entertainment had applied %or an occupational license for a carnival to be held beginning 3une 4, 1987. The function was sponsored by the Ocoee Lions Club, as it had been for the last few years. The Commission granted approval for the license by unanimous consent, but asked Staf% to contact the Lions Club to request that in the future they submit their request for the carnival in a timely manner. Transfer of Fund. for Polic. Vehicle City Manager Ryan explained that funds were not available in Police Department accounts to purchase needed police vehicles. He asked the Commission to grant permission to transfer funds from unappropriated reserve to the Police Department in the amount of $11,257.65 %or the vehicle purchases. He explained that auditors would need acknowledgement %rom the Commission. Commissioner 3ohnson moved to approve the fund transfer, Commissioner Hager seconded, and the motion was unanimously approved. Mr. Ryan noted that meetings for negotiations with Prima Vista Utilities had been scheduled %or 3une 4 and 5, 1987. Mayor Ison commented that he meant nothing derogatory, but that he did not want to see the follow-up agenda expanded to three pages. CITY ATTORNEY e Attorney Kruppenbacher reported that he and Mr. with the Wescar representatives, and they would Ryan had met petition to 6 e Peg- 7 Cit.y Co..i..ion lIeet.ing .June 2, 1987 intervene. He reported that the case was moving along, and that we would file a request to dismiss the lawsuits. COMMENTS FROII COIIIIISSIONERS Commissioner 30hnson suggested that the City buy a used bus to transport children who are participating in the summer recreation program to special activities/places of special interest. Commissioner Bateman stated his concern about possible law suits which might stem from a City owned bus, and suggested investigating a bus service on an "on call" basis through which a bus might be rented or chartered. The City Attorney advised that acquiring insurance for a city-owned bus might be difficult. Mayor Ison suggested the possiblity of the Bowling Alley providing transportation to their location for area children. e Commissioner 30hnson also reported that citizens from Carriage Oaks had asked him about the status of their street lights. The developer had referred the homeowners to the City to contact Florida Power about installation of the lights. City Staff will write to Florida Power Corporation and further check into the matter. Commissioner Hager had no comments. Commissioner Bateman suggested that problems with cemetery space might be alleviated if property south of the cemetery could be made available. He suggested that Mr. Breeze and Mr. Hawthorne be contacted about such a purchase. He commented that the Breeze family had been caring for the Floral Garden, and asked that city employees turn on the sprinkler system daily to protect the Garden. City Manager Ryan will ask the person responsible for the Cemetery to turn on the system. Mayor lson asked that a workshop be scheduled for 6:30 P.M. on 3une 16th in order to discuss the drainage around the lakes. Commissioner Bateman asked that they also discuss/establish a policy for the City Manager, his working hours, and availability of his staff. Mayor leon reported requests from "Meals on Wheels" for volunteers to help with serving, and to be remembered in the City's budget for the new fiscal year. He urged anyone who could help to go to the Ocoee Methodist Church week-days at 11:00 A.M.. e The Mayor commented that the current Legislative Session was 7 - Page 8 Cit.y Co..i..ion lIe.t.ing June 2, 1987 almost over, and that the Orange County delegation had served us well from the standpoint of accessibility. Commissioner Bateman asked about the status of the Mayor's bill requiring governmental entities to negotiate before resorting to lawsuits, and Attorney Kruppenbacher reported that it had been warmly received. Mayor Ison asked the Commission if they would be receptive to hosting a meeting with the Commissions of Winter Garden, Apopka, Oakland, and Winderemere to address areas of mutual concern - with each city to bring its own agenda. The Commissioners were in agreement. The meeting adJourned at 9:55 P.M.. ----~~-~----- Mayor Ison - ----!!t~f).dLLyf~__-- Deputy Clerk Green . 8