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HomeMy WebLinkAbout07-19-88 e MINUTES OF THE CITY COMMISSION MEETING HELD JULY 19, 1988 The meeting was called to order at 7:47 p.m. by Mayor Ison and Commissioner Hager led in prayer and pledge to the ~lag. PRESENT: Mayor Ison, Commissioners Johnson, Dabbs, Bateman and Hager, City Attorneys Rosenthal and Woodson, Consulting Engineer Kelley, City Manager Ryan, City Engineer Finch, Assistant Planner Myers and City Clerk Catron. ABSENT: None PRESENTATIONS AND PROCLAMATIONS The Charter Revision Committee Meeting Minutes o~ June 30, 1988 were presented %or their in~ormation. APPROVALS - CONSENT AGENDA e Commissioner Bateman asked that Item G and Attorney Woodson asked that Item H be pulled %rom the Consent Agenda. Commissioner Bateman moved to approve Items A through F on the Consent Agenda, Commissioner Dabbs seconded and the motion carried unanimously. Items approved were as ~ollows: A - Workshop Commission Meeting Minutes 0% 7-05-88~ B Regular Commission Meeting Minutes of 7-05-88~ C - Special Session Commission Meeting Minutes of 6-23-88; D Approval of Change Order 3, West Orange Transmission System - Ray Brenner; E - Proposed Ord., Barnette Annexation, First Reading; and F - Proposed Ord., Buchan Annexation, First Reading. City Manager Ryan read the proposed ordinances Barnette Annexation and Buchan Annexation - by title only for First Reading. e Commissioner Bateman asked that Item G be tabled because he understood there was a problem involving the Cable TV Company in St. Johns County and St. Augustine Beach and wanted the City Manager to contact the appropriate people in order to determine the situation. David Testa, a Vice President representing Cablevision Industries, spoke to the Commission regarding Section 1.4 of the proposed ordinance. He stated that they felt, in their opinion, that substantial evidence had not been presented by Telesat. Tom Wicks, attorney with Gray, Harris and Robinson, stated that Tom Cloud, attorney for Telesat, would address any questions they might have at the hearing and requested they proceed with the First Reading so they could have the Public Hearing. Attorney Rosenthal asked that a motion be made to put the matter on the table since a motion was made to take it off the table. Commissioner Johnson moved to table the First Reading of the proposed ordinance (Item G) until the 8-2-88 Meeting, Commissioner Bateman seconded and the motion carried unanimously. 1 e Page 2 City Commission Meeting July 19, 1988 Attorney Woodson explained that Item H - Proposed Ordinance, Amending Occupational License Ordinance, brought the City in compliance with Florida State Law guidelines and raised the fees. He had discovered quite a few typographical errors and had a clean copy of the ordinance that would be distributed to them before the Public Hearing and Second Reading. City Manager Ryan explained that in some of the areas the fees had been doubled. Commissioner Dabbs moved to approve Item H - Proposed Ordinance, Amending Occupational License Ord., for First Reading, Commissioner Johnson seconded and the motion carried unanimously. City Manager Ryan read the proposed ordinance by title only. OLD BUSINESS OTHER BUSINESS Discussion/Action Regarding City Attorney Position e Commissioner Bateman moved that the firm of Foley, Lardner, van den Berg, Gay, Burke, Wilson and Arkin, be hired as the permanent City Attorney and Commissioner Hager seconded. Mayor Ison and the Commission spoke about the good candidates they had to choose from. Commissioner Dabbs again expressed his concern with the Foley, Lardner firm due to their representation of the Heller family which was one of the largest land owners and developers in the City. Commissioner Hager also stated that all of the candidates were highly qualified. The other two firms that were being considered were: Leftkowitz, Miner and Cool and Fowler and Williams. The vote on the motion to hire Foley, Lardner firm was as follows: Johnson - No; Dabbs - No~ Bateman - Yes~ Hager - Yes~ Mayor Ison voted yes to break the tie. The motion carried 3 to 2. Commissioners Dabbs and Johnson both agreed to make it a unanimous ballot and cast a Yes vote for the firm of Foley and Lardner. Mayor Ison suggested that the other two firms be contacted if the City needed any other legal assistance outside of the current firm. Diacussion Regarding City Manager Evaluation Forma . Except for a few minor changes to the forms - change some of the examples - there was no opposition to the forms as submitted. Everyone commended Commissioner Dabbs for the good Job that he had done in preparing these forms. They decided to begin the evaluation process with the City's budget year and then review quarterly. Individual interviews would be conducted which would then be aggregated for the Commission as a whole. 2 e Poge 3 City Commission Meeting July 19, 1988 SPECIAL STAFF REPORTS Public Works Director - Roy Brenner Approval of Change Order for Downtown Areo Water Improvements Mr. Brenner explained that this was Change Order #4 and a final one that would place the Job at completion. He stated that the purpose and reason for the Change Order was that they rely on "as builts" and they were not always reliable. Commissioner Dabbs questioned how often a proJect of this scope had change orders that amounted to 1/6 th of the proJect. Mr. Brenner stated that through the proJect field changes had been directed by City Staff and P. E. C. in order to install additional asphalt and concrete for aesthetic reasons and to satisfy the complaints of the residents in the community directly involved with the proJect. He explained that the monies would come fro~ the Water Improvement Trust Fund. Commissioner Bateman moved to approve Change Order for Downtown Area Water Improvements as submitted for $25,077.65, Commissioner Dabbs seconded and the motion carried unanimously. Commissioner Bateman asked that the policy of bids be discussed at upcoming workshops. e Approval Change Order 2 for W.at Orange Transmission Syatem Mr. Brenner explained that this was basically the same situation as the one previously discussed. They had relied on others to furnish the information and the quantities had been more. There was increased asphalt roadway removal and replacement due to several proJects and the addition of several new items. He explained that Change Order 1 was for the lift station. Monies were available in the Wastewater Improvement Trust Fund. Mayor Ison stated that there was two problems in that area - Sysco Trucks and the Auto Auction. He felt that parking 1n the Industrial Park needed to be addressed and suggested that the 5 acres where the sewer plant was would be ideal and asked that a team be put together to come up with some suggestions. He felt a solution to the problem would be better than issuing the traffic tickets as was being done by our Police Department now. Commissioner Bateman moved to approve Change Order 2 for West Orange Transmission System for $22,628.90, Commissioner Hager seconded and the motion carried unanimously. e Summary of Continuing ProJects Mr. Brenner stated that the planning costs for utility relocations at the intersections of Bluford/Silver Star and Ocoee-Apopka/Silver Star had been advertised for bid. The intersection improvements for Silver Star/Ocoee-Apopka and Palm Dr./Ocoee-Apopka were in the planning stages for April 1990. 3 e Page 4 City Commission Meeting July 19, 1988 City Engineer - Dennis Finch Discussion on Policy Regarding Change Orders Mr. Finch asked the Commission to consider establising a policy regarding change orders in order to gain better control. In a Staff Report to the Commission he outlined several suggestions for- the policy. Since there was so much information to digest, a workshop was set for 6:45 p.m. prior to the August 2, 1988 Meeting in order to discuss this proposed policy. The City Clerk would check with the Charter Review Committee and have them begin their workshop at 6:00 p.m.. Summary of Continuing ProJects Bowne.. Rood - Four Bids had been received ranging ~rom Sl,OOO,OOO to S712,OOO. Consulting Engineer Kelley explained that this did not include S85,000 ~or the railroad crossing. e City Wide Moster Tran.portation Plan - Mr. Finch explained that they were a little behind schedule and would be back on schedule in September. Mayor Ison reminded him that they would need a workshop in August in order to finalize the plan and delays were not acceptable. City Manager Ryan stated that he would meet with Mr. Kelley of P.E.C.. S. Bluford Water Main this item had not been whole area of Kissimmee, Road should be addressed Extenaion - Mr. Finch explained that addressed recently and he felt the Story, Maguire and Marshall Farms at the same time. e Capacity Sole - The tentative schedule was as follows: 8/16 - First Reading; 9/20 Second Reading; Advertise the sale on 9/27 and Capacity Sale Results on 10/4. Commissioner Johnson asked about the money that was owed to the City by Holiday Inn for sewer tap fees. He asked that the monies be collected or they be shut down as he felt they had been given sufficient time to pay the fees. City Manager Ryan e~plained that we did not have an ordinance in process to establish the tap fees. He had been negotiating with representatives of the Holiday Inn in order to get the fees for the new rate of $2500 per ERU rather than the current fees at the S1600 per ERU. Attorney Woodson explained that the Purchase Agreement with Prima Vista Utilities assigned all rights to the City and the contract could still be pursued, and along with the amount that was owed to PVU they could collect interest and attorney's fees. Attorney Rosenthal stated that he had not advised them that they would be able to collect the S2500 per ERU and they could file suit and collect the monies owed. He stated that he would provide the Holiday 4 e Page 5 City Commission Meeting July 19. 1988 Inn with appropriate notice and he would bring back a recommendation to them. Mr. Finch stated that progesg was now being made on the Harbour Highlands Village proJect. Mayor Ison asked the attorneys to see if something could be drafted to the current code regarding developments that were started and then not completed. Mayor Ison asked Engineer Finch to check the wash out at the end of the concrete curbing that ran in front of Harbour Highlands. He also asked him to check the depressed culvert at Apricot and Ocoee Hills Road. Water Superintendent - John Cockrell e Approval to Purchase Standby Motor for Kissimmee Well 1 A Mr. Cockrell explained his concerns since Kissimmee Water Plant did not have a standby well and the 6" water main at Bluford and Silver Star had been put out of service until DOT or the City completed the intersection improvements. He recommended the City approve the solicitation of bids for the standby motor. Moniee would be available from the Water Department Reserve Contingency Fund. Commissioner Bateman moved to approve the solicitation of bids for the standby motor for Kissimmee Well lA, Commissioner Johnson seconded and the motion carried unanimously. Assistant Planner - Holly Myers Summary of Continuing ProJects Joint Planning Area - Ms. Myers stated that they had received from Orange County the Joint Planning Area for the Town of Windermere. She asked Commission approval for City Staff to proceed and move our Joint Planning Area South to meet the Town of Windermere and East to include Ferdinand. Commissioner Dabbs questioned the move East. City Manager Ryan and Ms. Myers stated that the Ferdinand property needed to be included in the JPA and Staff wanted to move the JPA to the turnpike as it. "squared off II the area. If there was no problem. they would proceed. e 1988 Comprehensive Plan Amendment. - A Special Session was being held next Tuesday, July 26, 1988, in order to review the proposed plan amendments. Assistant Planner Myers asked the Commission if they planned to include the "colored map" on land use in the comprehensive plan amendment or as an element in the Comprehensive Plan. They indicated that they thought it would be included in the plan amendments. 5 . Page G City Commission Meeting July 19. 1988 DeRae Builders - Mr. Julian has agreed. meet with our City Attorney. at his expense. to Amendment to Zoning Code was in process. Mayor Ison asked staff to think of renaming Clark Road. COMMENTS FROM CITIZENS Jim Beech. Kimball Drive. Ocoee. asked the Commission for S100 donation towards a trip for one of his students to compete in Special Olympics in October 1988 as member of the U.S.A. Team. Commissioner Bateman stated that he had had the privilege of meeting the student and he would like to give his personal check for the donation. The Commission then all took up a collection to help towards the trip. Mayor Ison stated that they only lacked a small amount to help defray other costs. Commissioner Johnson moved to approve a donation of S120.00 for the trip, Commissioner Bateman seconded and the motion carried unanimously. NEW BUSINESS e Appointment to Fill Vacancy on Planning & Zoning Board Commissioner Dabbs stated that Chairman Swickerath had called him and expressed an interest in the appointment of Mike Sims. a hydrological engineer. Commissioner Bateman made a motion to move Tam Breeze from the Alternate position to full position and to appoint Mike Sims as an alternate. He questioned if there was a conflict since Mr. Sims had done some work for the City. Mayor Ison restated the motion and it died for lack of a second. Commissioner Dabbs stated that he and Commissioner Bateman were where they were several months ago and he would present Gerald Weeks name for the Sanders vacancy. He appreciated the discussion on Mr. Sims and he would not recommend his nomination unless the issue was addressed. Commissioner Dabbs moved to move Gerald Weeks from the alternate position to full time. Com~lssioner Johnson seconded and the motion carried unanimously. A plaque was to be presented to Marvin Sanders at the 8-2-88 Meeting. REPORTS AND INFORMATION - CITY MANAGER e Budget - City Manager Ryan explained that the budget process was going well and asked for budget workshops to be scheduled. The Commission scheduled a Budget Workshop for August 8. 1988 at 7:00 p.m.. Mayor Ison stated that he would not be able to attend the Special Session on 7-26-88 and the Budget Workshop on 8-8-88. Commissioner Dabbs stated that he would not be able to attend the 8-2-88 regular meeting. 6 e Page 7 City Commission Meeting July 19, 1988 CITY ATTORNEY Lawsuit filed by Stucki - Attorney Rosenthal explained that he and City Manager Ryan had met with Mr. Stucki and his legal counsel in an attempt to negotiate and they found they were $100,000 to $130,000 apart. There was some discussion of what attorney's fees would be paid in the event Mr. Stucki was successful in the eminent domain or unsuccessful in the settlement discussion. Mr. Rosenthal stated that he would probably bring a recommendation to them at the next meeting for an update of the appraisal in the event the City wanted to pursue the eminent domain proceedings. He said the City had been notified by their insurance carrier that Inverse Condemnation Lawsuit was not covered. However, they requested that the City sign a Non-Waiver Agreement which would allow them to investigate "without preJudice". Since the Commission had not seen the agreement, it would be put on the agenda for the 8-2-88 Meeting. Mayor Ison asked that Staff check on the status of the "errors and omissions" coverage for the Commission. e Kia.i..e. Avenue Water Plant Appraiaala Attorney Rosenthal reported that a preliminary meeting had been held with appraisers regarding the 4 proposed sites for the expansion. It was discovered that one of the sites was on the market for sale and only had one single owner. They knew that at least two of the other sites would require eminent domain proceedings. He had spoken with City Manager Ryan and Engineer Finch and they were trying to negotiate and pursue an option on the property. They would come back with proposals for appraisals after the negotiations. If the price could not be agreed upon, a couple of months time might be lost. Mayor Ison stated that there was a 5 acre tract of land south of the cemetery that was owned by two people that possibly could be acquired. If they would like Staff to look into it, he would give the name to the City Manager. tit We.t Orang_ Girls Club - As requested by the Commission, Attorney Rosenthal checked into the matter of whether there was a conflict with a Commissioner being on the board of the West Orange Girls Club. He stated that when you were dealing with a non-profit organization and a donation to the City, there was no conflict with a Commissioner voting on the matter or Staff being involved as long as there was no problem with the donation. He suggested that if some conditions might be conveyed with the donation, then get more people involved. He would followup with a memorandum. Legislation Pe..ed - Attorney Rosenthal reported that the 7 e Page 8 City Co~mission Meeting July 19, 1988 Legislature did pass legislation regarding continuing contracts for professional services. When the City goes out for competitve proposals they cannot ask for prices. He was to followup with a memorandum to the Commission explaining the full impact of the new l~w. Summary of Continuing ProJect. Attorney Rosenthal explained that the Sign Ordinance was set for 8-2-88 Agenda; the bond was being done regarding lake quality volume preservation; more direction wae needed regarding taxing districts for retention ponds in future development; and the fence requirement in the subdivision ordinance was on hold and Attorney Rosenthal asked for further direction from the Commission. The Commission explained that they wanted several provisions included and that those be approved by the City Commission. The Zoning Code was being updated to provide for RCE Zoning of at least one house per acre. Mr. Rosenthal introduced a summer intern that was working with their firm. He thanked the Commission for the appointment of their firm as City Attorney and said he would be meeting with them individually to find out what they expected. e COMMENTS FROM COMMISSIONERS Commissioner Dabbs asked where we were in the process of hiring a Planning Director and Staff. City Manager explained that he had appointed a committee of Jim Swickerath, Chairman of the Planning & Zoning Board, Dennis Finch, Assistant City Manager, Holly Myers, Assistant Planner and himself to review the applications. Commissioners Johnson and Dabbs asked that this process be accelerated. City Manager Ryan stated they would keep the schedule moving. Commissioner Dabbs stated that he would not be able to attend the next regular meeting because he would be out of town at a State Middle School Conference. . Commissioner Johnson reported for the Cemetery Committee and stated that they had suggested raising the fees for the lots. They had received prices from the different cemeteries in the area for the lots and they ranged from S200 for resident to S400 for non-resident or straight fees of S400 to S990 depending upon the lots. Commissioner Johnson asked the Commission to consider raising the fees to $200 for a resident and S400 for a non-resident. He stated if they wanted to, he would ask that the item be agended at the next meeting. Mayor Ison stated that he would rather the matter be taken care of now because if the residents found out there would be a "sale on the lots". There was discussion about changing the non-resident fee to S500. Commissioner Johnson moved to increase the fees for the 8 . Poge 9 City Co~.i.sion Meeting July 19, 1988 cemetery lote to $200 for a resident and $400 for a non- resident, Commissioner Bateman seconded. ComBissioner Johnson said he would amend his motion to increase the non- resident fee to $500 and Commissioner Bateman agreed. The motion was to increase the fees to $200 for a resident and S500 for a non-resident. The motion carried unanimously. Attorney Rosenthal asked that Mayor lson declare the item an emergency since the item was not on the agenda. Mayor Ison declared the matter an emergency since there would be a "sale on the lots" if it had been continued t.o the ne:<t agenda. Commissioner Johnson asked the status of the Grants Program. City Manager Ryan said he would place the item on the 8-2-88 agenda for a status report. Mr. Ryan explained that representatives of Langton & Associates had met with the Commission and Staff and they were proceeding. They were working on a grant of S150,000 for restoration of the Maguire House. Commis.ioner Hoger had no comments. Co~missioner 8otemon had no comments. e Moyor Ison reported that the Tri County League Reception with the Orlando Chamber of Commerce had been cancelled due to a conflict and the regular luncheon would be ~eld. The City Picnic was Saturday, July 23, 1988. City Manager Ryan reported that for the record that City Clerk Catron had resigned as City Clerk. The meeting adJourned at 11:15 p.m.. _:1LE_~___m_ MAYOR ATTEST: CITY CLERK e 9