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HomeMy WebLinkAbout05-03-88 . MINUTES OF THE CITY COMMISSION MEETING HELD ON MAY 3, 1988 The meeting was called to order at 7:30 p.m. by Mayor Ison and City Clerk Catron led in prayer and pledge to the flag. PRESENT: Mayor Ison, Commissioners Johnson and Bateman, City Attorneys Rosenthal and Woodson, City Engineer Kelley, City Manager Ryan, City Planner Wagner and City Clerk Catron. ABSENT: Commissioners Dabbs and Hager were out of town. PRESENTATIONS AND PROCLAMATIONS The Charter Revision Committee Meeting Minutes of 4-7-88 were presented for their information. e Preaen~a~ion of Ci~izen Award Commissioner Rusty Johnson, a member of the committee that helped select outstanding citizens, introduced Newy Breland, 603 Cardinal Street, Ocoee, Florida, as the recipient of the Outstanding Citizen Award. Mr. Breland was presented with a citizenship medal, an Ocoee Watch and a framed letter which listed some of his many accomplishments. Mayor Ison and Commissioner Bateman also expressed their appreciation to Mr. Breland for his untiring efforts in support of civic and community activities. Mr. Breland thanked everyone for this recognition. Commissioner Johnson explained that the other members of the committee, Walt Cobb and Mary Ann Swickerath, were not able to attend tonight. Procla.a~ion 88-06, N.~ional Teacher Day Mayor Ison read Proclamation 88-06 and proclaimed 1988 as National Teacher Day. May 3, Requea~ froM Boy Scout Troup 198 for Work ProJec~a Mayor Ison had been asked by Boy Scout Troop 198 for some work proJects so they could earn money to go to summer camp. City Manager Ryan stated that the Commission had asked that the signs and entrances to the older subdivisions be improved and he felt this was a proJect the Boy Scouts could handle. City Staff would coordinate with the Boy Scouts. Pr.aiden~, Tri- Coun~y League of Ci~iea Commissioner Bateman announced that Mayor Ison had been elected President of the Tri-County League of Cities. The Tri-County League covers Orange, Osceola and Seminole Counties. . Pr..en~ation to Commiaaion - Rusty Jenkins Rusty Jenkins, coach of Girls Youth Softball, presented the City Commission with a trophy and acknowledged their financial support so his team could go to the national games. 1 Peg. 2 City Co..i..ion M.eting 4It Mey 3_ 1988 APPROVALS - CONSENT AGENDA Items III C_ 1-13 and III 0 were pulled from the agenda upon recommendation of the City Attorney due to the fact that there were only two commissioners present. Item III B was pulled as it was not included in the packet. Commissioner Bateman moved to approve Item III A, Regular Commission Meeting Minutes of 4-19-88, Commissioner Johnson seconded and the motion carried unanimously. OLD BUSINESS Speciel Steff Report. - City Engin..r K.ll.y Approvel of Bid Proc... for Bown... Roed ProJ.ct e Engineer Kelley asked for approval to advertise for bids on the Bowness Road ProJect. A copy of the advertisement had been provided for them in their packet. He had spoken with several contractors and he estimated a 5 month completion time on the proJect once it had begun. Attorney Rosenthal concurred with Mr. Kelley on this timeframe. Commissioner Bateman moved to approve the advertisement for bid for the Bowness Road ProJect, Commissioner Johnson seconded and the motion carried unanimously. Engineer Kelley explained, "at the worst", the road should be done by the beginning of 1989. R.port on Continuing ProJ.ct. e Ki..i.... Av.nu. Wat.r Plant I.prov.m.nt. Engineer Kelley asked Attorney Rosenthal to present the status on this item. Attorney Rosenthal reported that he had met with the property owners, Ludwig and Mossey, regarding the acquisition of their property and they were not interested. He explained that they had two options, they could continue looking at the previous site on Kissimmee or they could also identify additional sites. He recommended they look at alternative sites, then he would come back with a ball park figure on costs and put out for bid for appraisals. Engineer Kelley stated that, at a minimum, 4 to 5 acres would be needed for the water plant site. Mayor Ison questioned condemnation proceedings and if the monies would be at today's dollar. Attorney Rosenthal stated that if they did a quicktake, it would be at today's dollar, but if they did condemnation, it would be the going rate for the land at the time the condemnation was completed. Commissioner Bateman stated that the City needed to go south of the community center and south of 50 with a large enough well, even if it meant two wells. He also stated that circling of the wells should be done. Engineer Kelley stated that the 2 -- Page 3 City Co..i..ion Meeting May 3. 1988 south water plant would accomplish that and that building these wells and improvements were a straightforward process. the funding and timing were the critical issues. He stated that he would be giving an update on the Master Water Study at the next meeting. City Manager Ryan asked that this be deferred until the next meeting when Mr. Kelley had presented the Master Water Study and staff had had a chance to look at alternative sites. Water and Wa.tewater Capacity Sale Engineer Kelley stated that the meeting had been held and he was now waiting on the data from the developers. After he had compiled the data and reviewed it with the attorney and Mr. Cohen. he would proceed with the actual sale. Clark Road Engineer Kelley explained that most of his work would be ready by May 20. 1988 regarding the Clark Road alignment. e South Central Drainage Ba.in/Stucki Attorney Rosenthal reported that he had held several meetings with the property owner and there was a significant difference in what our appraisal indicated and what they were asking for the property. He also stated that several other issues had surfaced relating to past disputes and that Mr. Stucki might file a claim against the city. He recommended the city authorize a second appraisal on the Stucki property and then proceed. Mayor Ison asked Engineer Kelley to come up with a cost estimate for using our right-of-way as opposed to using the railroad right-of-way. Attorney Rosenthal stated that if our appraisal was correct. then the Stucki property would still be the most cost effective for the land needed for retention ponds. McKey Street Drainage Proble.. Engineer Kelley reported that he had met with Florida Department of Transportation personnel at the McKey/Bluford intersection and discussed our drainage problems in that area. DOT was not in a position to commit any funds at this time. Engineer Kelley stated that they were working on a solution to the problem and hoped to solve the ponding problem in the west bound lane of McKey by trying to regrade along with some other changes for a cost less than $25.000.00. e Hackney-Prairie Road Align.ent Engineer Kelley had submitted a proposal of $14.900.00 to provide engineering services for the preliminary alignment study for Hackney-Prairie Road. He stated that he had reviewed the scope of work with City Manager Ryan. Mr. Ryan 3 . Page 4 City COMMi..ion Meeting May 3, 1988 stated that the monies were in line. Commissioner Johnson moved to approve the proposal from Professional Engineering Consultants for the preliminary alignment study for Hackney- Prairie Road for the scope of work of up to $14,900.00 as outlined in his proposal, Commissioner Bateman seconded and the motion carried unanimously. Mayor lson asked that in the future we do a "RFP" for engineering work since our City Engineer would be starting employment with us on May 9, 1988. He also stated that our engineer could begin by presenting the reports. e Approval of Contract for Sale Re Tiger Paw and Re.olution Re EMinent DOMain Proceeding. Tiger Paw Attorney Rosenthal explained that Tiger Paw had reJected our offer of paying the appraised value of $91,700.00 plus fees and engineering costs and wanted approximately $27,000 to $35,000 more - this would amount to approximately 125% of the appraised value instead of the 115% that we had offered. Since there were only two commissioners present, they could not act on the resolution for eminent domain. Attorney Rosenthal asked for their direction so he would know how to proceed at the next meeting. The consensus of the Commission was to proceed with eminent domain and bring back at the next meeting. Mayor lson asked that they also present some time schedule for the acquisition by eminent domain. Special Staff Report. - A..i.tant Planner Rivera . Conceptual Review Candlewood Shore. Assistant Planner Rivera pointed the property out on the map and explained that Mr. Wayne Atwood, developer for this proJect, had already applied for the rezoning but wanted conceptual approval so he could begin construction on part of the proJect. This involved approximately 70 lots on the eastern section of the property. The property was zoned R-l- A in the County, but he would utilize the City of Ocoee R-l-A zoning. She stated that it had already gone before Planning and Zoning and they indicated they would favorably consider the R-1-A zoning when it came before them for the formal review process. Attorney Rosenthal told them they could authorize the developer to proceed under the present county zoning. Commissioner Bateman expressed his concern with the setback from the lake as he thought they had established a setback of 100 feet from the lake. Attorney Rosenthal stated that requirement was in the new proposed PUD Ordinance which was in the process of being adopted. Commissioner Bateman stated that he was against using the underlying county zoning and questioned why they were starting the proJect on Johio Shores instead of Clark Road. He also stated that R-1-AA zoning was designated for the area south of Silver Star. Commissioner Johnson stated that R-1-A zoning had been 4 j . e . Page 5 City Co..i..ion Meeting May 3" 1988 approved for that area previously" although they were not held to that zoning. After further discussion" the Commission agreed that they did not want to set a precedent by approving this conceptual plan and asked Mr. Atwood to proceed through the formal review process. Final Plat Review Approval Coventry at Ocoe. Assistant Planner Rivera explained that all the public improvements of the initial phase of Coventry had been completed in substantial accordance with the approved Final Engineering Plans. Two items remained to be resolved" the possible relocation of a water main loop and the reconstruction of a drainage outfall to Lake Stanley. The developer had provided the City with an $86,,686.15 bond to cover the cost of these two items. Staff recommended approval of the Final Plat and public improvements subJect to the following conditions: that the developer expeditiously pursue resolution of the two outstanding items covered by the cash bond; that the City Manager be authorized to restrict the number of building permits issued within the subdivision based upon the developer's satisfactory completion of the outstanding improvements; and that the Maintenance" Materials and Workmanship Warranty Bond be modified to extend for two years as specified by the subdivision regulations. Attorney Rosenthal asked that the approval be subJect to the bonds being revised. After questioning who owned the retention ponds" Commissioner Bateman was told that they were owned by the City" but are usually taken over by the City after the two year bond expired. Commissioner Bateman asked what the problems were with the water main looping and the drainage outfall to Lake Stanley. Ted Buckley" developer of the proJect" explained that they had to acquire land for the water main looping and at this time" there was a concrete swale that was not working effectively and it was basically a problem of erosion. There was some discussion regarding the time frame for the completion of these items and it was suggested that they be completed by the time 40 application for building permits were issued or 6 months. Commissioner Bateman moved to approve the Final Plat for Coventry at Ocoee subJect to the 3 items mentioned previously on the staff report of April 27" 1988 from Russ Wagner" with the addition of the 40 building permits/6months and with the review and approval of the bonds by the City Attorney" Commissioner Johnson seconded and the motion carried unanimously. Report on Continuing ProJect. Assistant Planner Rivera reported that staff had prepared the map and letter re the postal survey and hoped to start delivering them by the end of the week. City Manager Ryan stated that the letter would be redrafted before it was sent. 5 . Pag_ 6 City Commia.ion M.eting May 3" 1988 OTHER BUSINESS Authorization to Remove Surplua Waatewater Property - Robert Holland Robert Holland" Wastewater Superintendent, requested authorization to remove three used steel pressure zilter units located at Ocoee WWTP #2. The Commission questioned iz they were on the inventory list when we purchased Prima Vista Utilities and asked that a list be provided to them showing the items to be removed and the approximate cost. This item would be brought back at a later date. Orange County Requeat for Central Waatewater Service Capacity - City Manager Ryan This item was pulled. COMMENTS FROM CITIZENS/PUBLIC e Ben Grizzin, attorney and resident oz Ocoee, asked the Commission zor a status report on the various intersection improvements that he had asked about some time ago. Mayor lson explained that DOT was already in the process oz improving the intersections oz 50/Bluzord and Maguire/50, Silver Star and Bluzord was scheduled zor this year; Franklin and 437 was underway and Story and Kissimmee intersection was part oz the Bowness Road proJect. Bluzord/McKey was the only one not on line at this time zor improvements. They explained that this was a state road. Mr. Grizzin also asked that the next time they had to repair a sidewalk on Lakeshore Dr. that they use wire mesh so they would not have to repair it again. R. P. Mohnacky, the Commission to explained that the recycling program. 1820 Prairie Lake Blvd, Ocoee, again asked consider a recycling program. Mayor lson state would probably mandate some type oz NEW BUSINESS - NONE REPORTS AND INFORMATION - CITY MANAGER Follow-up Agenda City Manager Ryan explained that he had a meeting with Florida Community Services tomorrow and was awaiting data zrom them and was waiting on a contract they had with another governmental entity. Commissioner Johnson asked that we review the concept then look at a contract. The public hearing zor the Cable TV was scheduled and the request zrom Orange County zor wastewater capacity was tabled. e 6 e e e Page 7 City COMmiaaion Meeting May 3. 1988 CITY ATTORNEY Several of the items were addressed under the City Engineer's report. Attorney Rosenthal reported that the closing on the Youngblood property had taken place last week. and the Circuit Court had dismissed the lawsuit by Rev. Pylant. At the last meeting. they were asked to research the possibility of reserving right-of-way for drainage proJects and they could find no State Statute for municipalities regarding this issue and the Florida League of Cities knew of no city that had done it. He explained that under the "Home Rule". they could do an ordinance but there were some procedures they would have to follow. Mayor Ison suggested we look at it more at the time we needed the land. COMMENTS FROM COMMISSIONERS CO.Miaaioner Johnaon asked the status of the Sysco ditch and City Manager Ryan explained that it was being reworked. Commiaaioner Bate.an stated that several citizens wanted on the upcoming agenda regarding the name change on Broadway/Broadaway Street in Sleepy Harbour. He also asked that the interim transportation impact fee be set for a workshop since it was not held tonight. Mayor Iaon stated that he had given them a copy of a resolution that had been adopted by the City of Belle Isle regarding the support of a Constitutional Amendment prohibiting State Mandated Programs without full funding or a 3/4 vote of the entire legislature and asked them to pass one also. Commissioner Bateman moved to approve the Resolution - 88-08. Commissioner Johnson seconded and the motion carried unanimously. The meeting adJourned at 10:30 :~:j;LLQ__L___- MAYOR ATTEST: CITY CLERK 7