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HomeMy WebLinkAbout01-03-89 . MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JANUARY 3, 1989 Mayor Ison called the meeting to order at 7:3~ p.m. in the prayer and pledge of allegiance to the flag. and led PRESENT: Mayor Ison; Commissioners Johnson, Dabbs, Combs, and Hager; City Manager Bateman; Assistant City Manager Finch; Police Chief Boyd; Consulting Engineer Kelley; Director of Planning Behrens; Associate Planner Claman; Public Works Director Brenner; Water Department Supervisor Cockrell; City Clerk Grafton; and Deputy Clerk Resnik. ABSENT: None. APPROVALS - CONSENT AGENDA . Assistant City Manager Finch requested that Items A, F, and J be pulled from the agenda for discussion. Commissioner Hager moved to approve the remaining items, Commissioner Combs seconded, and approval was unanimous. Items approv~d were as follows: Bowness Road Purchase Agreement wlth Edward J. Schmidt, Jr., Bowness Road Purchase Agreement with Edmond o. and Alice J. Harrison, Bowness Road Purchase Agreement with Hartle M. and Ruth M. Bowness, Bowness Ro~d Purchase Agreement with Edward J. and Marjorie A. Schmidt, Bowness Road Purchase Agreement with Henry A. arId Shirley Miller and Glenn M. and Linda E. Miller, Bowness Road Purchase Agreement with Hartle M. and Ruth M. Bowness, and the Bowness Road Purchase Agreement with Edmond O. Harrison and Darrell W. Clay. Assistant Manager Finch said Items A, F, and J had not yet been signed. He said Mr. John M. Rife, Jr. agreed verbally to the contract with three, non-substantive changes regarding drainage, clearing, and a driveway. Commissioner Johnson moved to approve the purchase agreement with the changes discussed subject to review by the City Attorney, Commissioner Dabbs seconded, and approval was unanimous. In reference to Item F, Assistant Manager Finch said Thomas F. Ritten, Jr. and Mary J. Rltten had verbally agreed to the purchase agreement but had not yet come in to City Hall to sign the contract. Assistant Manager Finch sdid this particular piece of property was not necessar~y for the actual Bowness Road project but was needed for intersection improvements at Franklin Street and Bowrless Road. Commissioner Combs moved to approve the purchase agreement subject to the Seller signing the contract as written, Commissioner Dabbs seconded, and approval was unanimous. . Assistant Manager Finch said that Item J also was not yet signed by representatives of Jeld-Wen, Inc. because they wanted clarification on a few matters including the Foreign Investment in Real Property Tax Act, issues pertaining to the 1 . Page 2 City Commission Meeting Janual"y 3, 1'389 title, and legal Jargon. Mr. Finch said he was not comfortable explaining legal matters to them but had directed the City Attorney to do so. He said other than those clarifications, the company seemed anxious to sign and had no problems with the compensation outlined in the purchase agreement. Commissioner Dabbs moved to approve the purchase agreement subJect to the Seller signing the document as writterl, Commissioner Johrlsorl seconded, arid appl"c,val was unanimous. Assistant City Manager Finch wanted to express for the record that all the landowners had been very cooperative and pleasant to work with. OLD BUSINESS . Public Hearing U.. of Milton Property for Water Plant Site Mayor Ison explained that the Kissimmee Avenue water plant needed to be improved. He said the plant presently had no backup system if something were to happen and that the current plant did not have enough capacity to handle anticipated growth. The Mayor said the CIty Commission wanted to hold this public hearir'g fir'st bef':'l'-e the City entered into any agreement with the landowner. He explalned that another public hearing would be he!d at a later date as well in accordance with state statutes. Mayor Ison said the City had considered several different sites for the new plant. One site located behind Tee Pee Lumber was recently taken out of consideration becau.e the landowners wanted too high a price for the commercial property and the City Attorney said that condemnation proceedings would cost the City much more money than it anticipated spending on land for the new plant. Mayor Ison said the City's consulting englneer recommended against the pl"operty bet weer. the D.:>ss l"esiderlc.:e al'ld tl'1e present plant site because of the substantial amount of muck that would have to be dug through arid because the al"f:-'a was really too small to house the two ground storage tanks. . Consulting Engineer Kelley said the proposed 3.7 acre site would house two ground storage tanks like the tdnk a~ Jamela, not vertical tanks such as the current one at the Kissimmee site. Mr. Kelley explained that the Mllton site was chosen because of its size and location but that other factors needed to be determined before any final 2 Page 3 City Commission Meeting ~ January 3, 1989 decision was made. He said the first task was to prepare an application for a St. Johns permit. The specifications would call for the elevated storage tank to remain as a standby well and for a ground storage tank to ~e installed with a battery of high service pumps. Mr. Kelley explalned that currently the well beside the tank provides the pressurization. Mr. Kelley said these improvements would allow the Kissimmee water plaYlt to pt"ovide the sarlle back.up service as the other water plant sites and would provide for ant icipated growth for the southern pay't elf the Ci ty. Mr. William Morris, 408 Cumberland Avenue, asked what the term lIaeratorll mearlt and asked what the gy~ouYld stoY~age tal"d-<.s would look like and how large they were. Consulting EnglneeY~ Kelley said the aerator was what made the noi.e Mr. Morris had asked about. Mr. Kelley said there would probably be two 400,000 gallon storage tanks that were concrete structures, with screen tops, that were about 30 feet high. He said tile structures could be camouflaged with trees and other landscaping or a brick or stucco wall. ~ Mr. Morris asked whether the City intended to look for any alternative locations. Mayor Ison said the Clty has exhausted its choices. He said there were other sites considered including south of S.R. 50, or off of White Road, or by Tiger Minor park but each site had something that made it unsuitable for a water plant. Mr. Morris said on behalf of the residents of Hidden that they were most concerned that the water plant devalue their property. Clal-<.s rlc.t Consulting Engineer Kelley reminded the residents that the site must first be tested to see 1f it was suitable and that another hearing would be held at a lateY~ d<:\te otlce that was determined. He explained that the tanks would be able to provide service to more than 1500 homes and would more than take care of the anticipated growth in that part of the City. He said the most important aspect of the new tanks was that the residents served by them would have a backup tank as a safety net in the event something were ever to go wrong. Mr. Kelley said at the present time residents would be without water if the current system was to break down. ~ Mr. Kelley was asked if the a1r relea.e sound thdt currently happened every now and then would continue after the n~w system was installed. Mr. Kelley sald that se,uY,d would st i 11 occur but that it would be deadened by any landscaping the City put around the structures or by an enclosure fur the apparatus that pressurized the tanks. 3 . Page 4 City Commission Meeting January 3, 1989 The City Commission was asked if the current plant site could be fixed up with a nicer fence, etc. Water Department Supervisor Cockrell said there was a stock pile of pipe on the property that could be moved but that he would rather wait until after the new tanks were put in before any beautification was done to the site. Mayor Ison told the residents that they would be notified of the next public hearing on the proposed site in the near fut ure. . Other Busine.s Discussion Regarding AdditionAl Dispatchers for the Police DepArtment Police Chief Boyd said the Police Department had lost two dispatchers through attrition as part of the budget cuts made this fiscal year. He said currently other Police Department personnel and the Fire Department were helping with coverage but was requesting that the Commission grant approval for two additional dispatch positiol"IS t.:) be filled. Chief BI~yd said he would eliminate the purchase of two police units in order to pay the salaries of the additional staff. Mayor Ison asked whether the City Hall receptionist who used to be a dispatcher could help out temporarily. The employee had to change Jobs after her recent marriage to a pollce sergeant because of nepotism regulations. Commissioner Dabbs said he was not sure if it would be a good idea to place the employee back in the Police Department. Chief Boyd =aid there had not been any apparent conflicts or problems with the two employees when they had worked together before or after their engagement but tnat the department had experienced problems ln the past with ~his ty~e of an arrangement. Commissioner Dabbs moved to approve tne additional staff positions subJect to amending the budget, Commissioner Combs seconded, and approval was unanimous. . Request to Seek Appraisals on the Hubbard Tract Assistant City Manager Finch said the Hubbard Group Realty Company was still interested in selling the 40-acre tract of land and that City Attorney Rosenthal recommended th~t the City enter into a purchase contract With tne company. Assistant Manager Finch said any motion to approve such proceedings should be subJect to an appraisal and any testing that needs to be done. Commissioner Johnson moved to approve entering into a purchase contract with the firm as discussed, Commissioner Hager seconded, and approval was unanimous. 4 . Page 5 City Commission Meeting January 3, 1983 COMMENTS FROM CITIZENS/PUBLIC There were no comments from citizens at this time. Mayor Ison said for the record that Diane Sweat of 2006 Lady Avenue, telephone number 656-8697, had approached the Commission before the meeting commenced with a problem with her neighbor's fence. The Mayor said the Commission referred her to Captain Coschignano to ascertain whether or not it was a code enforcement matter. He asked staff to make sure Captain Coschignano got in touch with her if he didn't hear from her in the near future. . Commissioner Johnson sald he wanted to make a comment as a citizen about a notice he received from Cablevision regarding a rate increase. He said he was told last year thdt the increase they made at that time was to pay for improvements that were being done to the system and n0W thdt the improvements were about complete, the company was agaln saying it needed to raise rates for the same reason. he said he was told as a Commissioner by someone at the cable company that rates would not increase. He sald he tried to call them but of course could not get through. He said he planned to visit the Cablevision office to let them know he was upset about the notice. RECESS. 8:40 p.m. CALL TO ORDER. 8:45 p.m. . NEW BUSINESS Commission to Elect Mayor Pro Tem Mayor Ison said the new Charter called for the appointment of a Mayor Pro tem who would preside over the Commission meetings when the Mayor was absent. He said in the past the senior Commissioner insofar as length of service wouJd be the Mayor Pro tem. Commissioner Johnson moved to appoint Commissioner Hager the Mayor Pro tem, and the Mayor seconded the motion. Commissioner Hager said he appreciated the honor but would respectfully decline since he dld not think he would be running for reelection. Commissioner' Johnson withdrew his motion and Mayor Ison withdrew his second. Commissioner Hager moved to approve the aopointment of Commissioner Dabbs as Mayor Pro tem, the Mayor seconded, and approval was unanimous. The Mayor told Commissioner Dabbs that he would be away for the first meeting in Mar~h and asked him to note it on his calendar so that Commissioner Dabbs would make sure to attend tile meeting and plan to preside over the agenda. 5 . Page 6 City Commission Meeting Januat'y 3, 1989 Request for Funds for Regional Bicycle Coordinator Position Director of Planning Behrens said the Metropolitan PlannIng Association was looking to fund a position through funes ft~om the various municipalities in order to establish a blcycle education program. He said Ocoee was being asked to contribute a total of $645 for a two-year period, $291.50 of which would need to come from thIS year's budget. Mayor lson asked Finance Director Poston if the funds could come out of the Recreation Department's budget. Mr. Poston saId there were sufficient funds available. Commissioner Dabbs moved to approve the request, Commissioner Johnson seconded, and approval was unanimous. . Recommended Award on the Bownes5 Road Contract Assistant City Manager Finch saId Orange Paving and Construction Company had been very cooperative and hdd extended the contract at Y'IO extt~a cost to the City. he said the contract covered two aspects of improvements. Part A would include the intersection improvements Bt Kissimmee Avenue and Bowness Road, construction of the missing link of roadway north to the Franklin Street intersection project being built by the Florida Department of Transportation, and the sewage force main along the new roadway. Part B provides for rehabilitation of the existing roadway between the intersection improvements and the beginning of the new road section. It would provide for an upgrading of the existing roadway base and pavement as well as removal of some unsuitable subgrade materials which have been revealed by soil borings. Assistant City Manager Finch said staff recommended awarding the contract to Orange Paving and Construction Company for the amount bid of $112,599.30 plus an additional 15~ for contingencies. He said any use of the contingency monies would need to come back for a vote by the Commission before the money could be expended. Assistant City Manager Finch also wanted to reflect in the mInutes that the City's consulting engineers may need to do some addltionBI design work on Part B of the proJect. Commissioner Hager moved to approve the awarding of the contract tel Ot'an~e Pavit.g arid Construction, Mayor Ison seconded, and approval was unanimous. . Discu..ion Regarding Use of the County Central Booking Faci li ty Police Chief Boyd requested that the Commission urge Orange County to allow neighboring cities to utilize the holding cell at the County's Story Road facility rather than require each municipality to have their own cells. Mayor Ison said 6 ___ ______________.------.J . Page 7 City Commission Meeting Januar~y 3, 1989 it would seem that the cities could work something out to pay for the one cell to be staffed rather" than havitlg to pr"'ovide a cell and staff for each city. He said he would bring it up for"' discussiorl at the rlext Tri-Colmty League (If Cities meeting and try to get a group together to go to the sheriff with the request. Chief Boyd was direct~d to cor.tact Or"'arq;;le County administrators to voice opposition to the new procedure on behalf of the City of Ocoee. . Recommended Award of Contract for Utility Relocation at the Franklin Street and Bowness Road Intersection Assistant City Manager Finch said the project was bld in late November but the two bids received were at least 38~ ffior"'e than the engineer's estimate so the project was readvertised and rebid. Assistant Manager Finch sald the low bld the second time around was $59,373 by Travis Williams Construction. He said even though the bids were still considerably higher than the engineer's e~timate, the closeness of the secor,d two bids prc.bably mear,t thc::\t the engineer's estimate dld not entail all that would be involved in the proJect. Assistant Manager Finch sald by rebidding the project the City saved about $~,000. He said adequate funds were available in the Water and Wastewat~r Contingency Funds. Commissioner Johnson moved to award the contract to Travis Williams Construction Company, Commissioner Combs seconded, and approval was unanimous. Discussion Regarding Issuance of Building Permit for Patricia A. Barnette at 2405 Johio Shores Road Assistant City Manager Finch said this proper~y w~s one port iOYI of some 25 acres that was armexed by the Ci ty ot. tile west and southwest sides of Lake Johio. he sald the Barnettes wanted to build a slngle-family home on their land but there presently was no water on the site. Water Department Supervisor Cockrell pointed out to the Commission where the closest water lines were. He said water"' lines would be closer to the site when other developers in the area tied into the system but he could not determine when that would be. Mr. Cockrell said water lines could be installed by the Barnettes if they wished to pay for them but lt would not provide for the necessary fire protection. . It was discussed whether a hold harmless agreement could be entered into by the City and the Barnettes but the Commission said they had been warned against such agreements sir.ce they were not usually enforceable. Assistant Manager Finch said the City could construct the water lines n0W frum its present terminus on Johio Snores Road witn future 7 . Page 8 City Commission Meeting January 3, 1989 reimbursement, requiring extensions of the water system within a time certain after the developer of Candlewood Shores has completed his water main improvements thereby bringing the water lines closer to the Barnette sIte, or It could simply deny the building permit at this time. After some discussion it was decided that the Barrlettes w()uld have to provide adequate water lines to their site for potable water and fire protection Just as any developer would have to de,. Resolution Regarding Commission on Criminal Discovery (iLi1'''') Chief Boyd explained that the l'''esolut ion would exelllpt Ocoee police officers from having to take part in pretrial depositions. Chief Boyd said these processes are time consuming and costly to the City. Commissioner Dabbs moved to approve the resolution, Commissioner Combs seconded, and approval was unanimous. Mayor Ison read the resolution in full incorporating the City name where appropriate. . First Reading of Ordinance Regarding Changes to the Code Enforcement Board Ordinance ~~q~ol Assistant City Manager Finch explained that the new ordinance would keep Ocoee's ordinance consistent With new Florida statutes. Assistant Manager Finch said the bigge~t change would be where repeat offenders were concerned since the new ordinarlce would allow the City to begIn fin11'lg l'''epeii.<l.t offenders immediately rather than putting them through the process allover again. Assistant City Manager Finch read the ordinance for first reading by title only. Discussion Regarding Sidewalk Construction for Medical Office Building Site Mayor Ison explained that he had seen Dr. Young dt the hospital and that he said he was withdrawing his proJect. The Mayor said Dr. Young was upset that he had received another set of comments from PEC after being told that he only had to address the first set of comments. Assistant City Manager Finch said he was very familiar with this proJect and that PEC had not issued comments unfairly but in response to a totally new draInage plan that the prOJect engineer had submitted. Mayor IsDn said the Commission should act on the sidewalk issue Just in case Dr. Young did not withdraw the project after all. Commissioner Johnson moved to approve the staff recommendation, Commissioner Dabbs seconded, and approval was unanimous. . 8 . . . Page 9 City Commission Meeting Januat~y 3, 1989 REPORTS AND INFORMATION - CITY MANAGER City Manager Bateman had no further comments but wanted to thank Assistant City Manager Finch for his wot'k em behalf elf the City of Ocoee and wished him well in Mt. Dora. The Mayor and Commissioners echoed his sentiments. Commissioner Dabbs mentioned the d~ath of a former Commissioner, Mr. J.W. Reid. Commissioner Johnson asked that everyone busy themselves looking through the City Manager applications so that ttle City couid hir'e someone .:':\5 soon as possible. Mayor Ison asked that each Commissioner give the resumes to Mr. Bateman of all those who they were interested in interviewing. ADJOURNMENT, 9:45 p.m. :JLP L MAYOR ATTEST: ~H~-:-- 9 J