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HomeMy WebLinkAbout09-20-88 -.. __8 II ./ MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 20, 1988 CALL TO ORDER: Mayor Ison called the meeting to order at 7:35 p.m. in the Commission Chambers. Commissioner Dabbs led in prayer and in the pledge of allegiance to the flag. PRESENT: Mayor Ison, Commissioners Johnson, Dabbs, Bateman and Hager, City Attorney Rosenthal, City Manager Ryan, Assistant City Manager Finch, Public Works Director Brenner, City Clerk Grafton, and Recording Secretary Ratajczak. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Outstanding Citizen Award - Sherri Wise Mrs. Sherri Wise was presented an Outstanding Citizen Award by Commissioner Johnson on behalf of the Recreation Committee for her outstanding efforts in over 12 years of citizen participation of local teen dances, cheerleaders, and the youth football league. Mary Ann Swickerath spoke on behalf of Mrs. Wise's accomplishments and dedicated volunteer work. City Innovations Showcase Mayor Ison informed the board of the Innovations Showcase and that the Outstanding Citizen Award was one of the items being displayed at the Florida League of Cities Convention. City Manager Ryan explained further that The Florida League of Cities requested in May of this year suggestions/innovations that each city contributed to activities in the government sector. Ocoee responded with two innovations, one mentioned above, the Outstanding Citizen Award and the Comment/Complaint Form. Both innovations are featured in the October issue of Quality Cities '88 and are to be displayed at the Convention held in Kissimmee on October 13-15, 1988. Mayor Ison announced the YMCA Fun Day on September 24 at the "Y", starting at 7:30 a.m. with a 5-K race. APPROVALS - CONSENT AGENDA The Consent Agenda consisting of (A) Regular Commission Meeting Minutes of September 6, 1988; (B) Workshop Commission Meeting Minutes of August 15, 1988; and (C) Coventry Subdivision - Water Line Easement were brought up for approval. Commissioner Bateman moved to approve all three items as described. Seconded by Commissioner Dabbs. Unanimous vote. Motion carried. OLD BUSINESS Special Staff Reports Sawmill Assistant City Manager Finch reported that several meetings have been held and a few issues still need to be resolved. Those issues, as listed on the September 16, 1988 Staff Report prepared ~~ J . - e Page 2 City Commission Regular Meeting September 20, 1988 by Assistant City Manager Finch, were open for full discussion and resolved as follows: Pavement typical section for Street E resolved in compromise; asphalt thickness to be 1-1/2" at the base rather than 1". Construction of sidewalks along Street E west of entrance at Apopka-Vineland; developer has requested a waiver of sidewalk east of the railroad tracks. The request for waiver was not approved; rather an agreement was made to construct sidewalk on South side. The issue of providing a southbound turn lane on Apopka-Vineland at the intersection with Street E was discussed resulting in the developers agreeing to negotiate with Orange County, more particularly with Mr. Cole regarding the turn lane. Mayor Ison will bring this issue up in his meeting with Commissioner Marston within a two week time frame and will bring back information at the next commission meeting. Commissioner Hager requested a letter for the record stating our request for the turn lane to Mr. Cole. Mayor Ison stated that after his meeting with Mr. Marston, he will prepare a letter with Mr. Marston's comments on what he is and is not going to do, copying the Commissioners. Mayor Ison recommended that the developer proceed with the designing of the turn lane. Mayor Ison posed the question of annexation of the road right-of-way to City Attorney Rosenthal; Attorney Rosenthal's response was that you would need voluntary consent of the county. The issue of construction of open drainage system from Street E to Street H, using rear yard swales was brought up with this issue resolved by requiring a fence on the west side of the dedicated 25' easement. The dedication will be shown on the Plat. Unanimously agreed by all Commissioners. Discussion ensued regarding waiving the looping requirement; ultimately there will be two loops; with Commission requesting Assistant City Manager Finch to reword the agreement to state that there eventually will be looping contingent upon development. Four resolved issues were discussed regarding (1) all sections of sidewalk are to be completed within 3 years of completion; Commission agreed to stay with existing Ordinance but placing tighter deadlines; (2) street lights installed at 50% buildout of each phase; approved; (3) no elevated septic tank systems allowed; approved; and (4) sinkhole on Lot 26 is to be resolved by indemnification on Plat that there is a stabilized sinkhole on the Lot. Motion made by Commissioner Bateman to approve modification of subdivision plans as discussed above, subject to notification to each adjoining homeowner, with each homeowner initialing plans within 30 days from date; Seconded by Commissioner Johnson. Unanimously passed. Lake Moxie Storm Drainage Improvements Assistant City Manager Finch recommended that the City Commission approve the final project and authorize staff to withhold final payment to Star Contractors until the as-built plans are received by staff. Motion made by Commissioner Dabbs to approve the final project and withhold final payment until as-built plans are received. Seconded by Commissioner Hager. Unanimously passed. - e -- Page 3 City Commission Regular Meeting September 20, 1988 Mayor Ison requested that the three alligators at the north end of Lake Moxie be removed because of the congregation of children in the area, and that the City mow around that area (the north end of the lake) at least twice a year. Public Works Director Report Public Works Director Brenner reported that several projects are now complete, including the West Orange Transmission System, Utility Relocation on Maguire Road/Highway 50, Utility Relocation on Silver Star and Bluford, and that the Ocoee Senior League Field is waiting on a corrected Certificate of Insurance before going ahead with the project. Discussion followed. Public Hearings Second Reading of Ordinance Number 88-27 Charter Revision. After brief explanation, discussion and public hearing, a motion was made by Commissioner Dabbs and seconded by Commissioner Bateman to adopt this ordinance. Unanimously passed. There were no citizen comments. Second Reading of Ordinance Number 88-28 Charter Amendment Single Member Districts. After brief explanation, discussion regarding typographical errors to be corrected in final form, and public hearing, motion made by Commissioner Hager and Seconded by Commissioner Bateman to adopt ordinance. Unanimously passed. Under Citizen Comments, Mr. MOhnacky remarked on his ideas about single member districts. Additionally, Mr. Steve Wix agreed that single member districts were appropriate for the community. Second Reading of Ordinance 88-29 Charter Amendment - 4 year terms. After brief explanation, discussion followed regarding omission of a sentence on page 2, Section 2 in the ordinance requ1r1ng an amendment. That sentence, after the word "office" reads, "Notwithstanding the foregoing, in the event no candidate qualifies for the office of Mayor or a specific seat on the city Commission, then such office shall be declared vacant by the canvassing board at its meeting following the general municipal election." Motion made to approve Ordinance 88-29 by Commissioner Bateman, seconded by Commissioner Hager. Motion made to amend Ordinance 88-29 by Commissioner Bateman, seconded by Commissioner Johnson. Unanimously passed. Under citizen comments, Mr. Mohnacky stated that he felt 2 year terms were appropriate. The City Commission recessed at 9:33 p.m. and reconvened at 9:43 p.m. Other Business Monitoring Wells authorization to manhole protection be authorized in - Public Works Director Brenner recommended the proceed with the monitoring well and overfill installation, and that $500 contingency money the event of unforseen expenses. Mayor Ison . . - Page 4 City Commission Regular Meeting September 20, 1988 requested that a letter be sent to DER requesting a minor waiver of 6 months with full explanation of why we are requesting the extension and the types of equipment we are dealing with. It was noted that installation should take approximately 30 days from start to finish. Status report will be given at each successive commission meeting until a response is received from DER. Discussion followed. Code Enforcement Replacement - Mr. John Linebarier suggested that Mr. Imes be appointed to the board. Mr. Imes had previously been on the board and is on the waiting list to get back on the board. Mr. Robert Imes, 620 Ocoee Hills Road, Ocoee, FL 32761. Motion made by Commissioner Johnson to appoint Mr. Imes to the Code Enforcement Board; seconded by Commissioner Hager. Unanimously passed. Commissioner Johnson noted that the Police Advisory appointed Mr. Richard Davis and that Mr. John Boston has appointed to the Recreation Board. Board been Veteran's Memorial - Clarification was requested with regard to the funding of the Veteran's Memorial. This funding ($1,900) was approved out of the $3,800 set aside as a line entry within the 88-89 budget with the suggestion that the memorial be dedicated on Veteran's Day, November 11, 1988. The funding set aside does not include lettering, which will cost the City approximately $1 per letter. Langton and Associates Agreement - Staff recommended that the Commission approve renewal of contract for grants. Denied. Motion moved by Commissioner Bateman to disapprove renewal. Seconded by Commissioner Johnson. Unanimous. Discussion brought up by Commissioner Dabbs with regard to the Withers-Maguire House and Tiger Minor Park, with the suggestion that we pursue all avenues through legislators. COMMENTS FROM CITIZENS/PUBLIC Mr. Mohnacky brought up subject of the sinkhole in the Sawmill Subdivision, and the suggestion that the sidewalks be straightened in the area of Catalina. Discussion followed. NEW BUSINESS City Manager Ryan requested that RFP Clark Road Design be removed from the agenda and the City Attorney be given direction to work with City staff to research the issue of financing. Workshop scheduled for 7:30 p.m. on October 6, 1988, for financing initial project. ,'........ ...- -.-- -.0' .~ . Page 5 City Commission Regular Meeting September 20, 1988 REPORTS AND INFORMATION Direction Regarding Review of Utility Agreement - City Manager Ryan reported that this is the agreement between Belmere, Phoenix and Lake Whitney Projects, as explained in the Staff Report. Staff requests direction as to the representation by City Attorney of Heller Brothers and the conflict it represents. Staff recommends that the City waive the conflict. Commissioner Bateman moved that the firm of Foley & Lardner be allowed to represent the City of Ocoee in the matter. Seconded by Commissioner Johnson. Unanimously passed. Kissimmee Avenue Water Plant Expansion Site - City Manager Ryan reported that a proposed Agreement for Purchase and Sale has been transmitted to the representative of the owner of the land. The land is currently zoned R1A and Mayor Ison asked if the City needs to do anything as far as aSking for a variance and notification to citizens in the area of the proposed plant in the form of a public hearing. Decision was made to put this item on the agenda for the next meeting under Old Business. Follow-Up Agenda Report - Telesat. City Manager Ryan reported that the first public hearing will be held on October 18, 1988. Ryan by a Solid Waste Management Recycling Program - City Manager reported that we are required to develop a plan and adopt it July 1, 1989 to meet State goals. This item to be placed on future agenda. CITY ATTORNEY REPORT Attorney Rosenthal reported that the Kissimmee Avenue Water Plant has been adequately covered and did not need further discussion. COMMENTS Mayor Ison reported that on September 21, there will be a reception for the Police Explorers at 7:30 in the Training Room of the Community Center. Also, the Ocoee Middle School gymnasium dedication to Mr. Bob Williams is tentatively set for November 1 at 10:00 a.m. ADJOURNMENT - With no further adjourned at 11:35 p.m. discussion the meeting was .:::zl- 2- W THOMAS R. ISON, MAYOR ATTEST: . 1=G~~ --' .. --.