Loading...
HomeMy WebLinkAbout12-06-1983 }1INUTES OF OCOEE CITY CO}1}1ISSION MEETING HELD DECEMBER 6, 1983. PRESENT: Mayor Ison, Commissioners Cook, Hager, Rodgers, Lyle; City Manager Burgess; City Attorney Rhodes; Deputy Clerks Grafton, Abatiello, Louloudis ABSENT: None CALL TO ORDER Mayor Ison called the regular meeting to order at 7:30 p.m.. Reverend Joe Crews led those present in prayer. Afterwards, Mayor Ison led in the Pledge of Allegiance to the Flag. THE NOVEMBER 15, 1983 COMMISSION MEETING MINUTES APPROVED. THE NOVEMBER 23, 1983 CANVASSING BOARD MINUTES APPROVED. Commissioner Hager suggested the public be advised why the Board dispensed with the reading of the November 15, 1983 City Commission Meeting Minutes. Mayor Ison explained to the public it was to save time. Commissioner Cook made a motion to accept the minutes as written, Comm. Hager seconded, and the vote was unanimous in favor. Comm. Rodgers motioned to dispense with reading of the Canvassing Board Minutes of November 23, 1983. Comm. Cook seconded, and the vote was unanimous in favor. Mayor Ison read the results of the Canvassing Board Meeting, as suggested by Comm. Hager. OLD BUSINESS FIRE PROTECTION AGREEMENT - OCOEE - WINDERMERE The agreement was signed and executed by the Mayor and Clerk of Windermere. Comm. Lyle motioned to accept the agreement. Comm. Cook seconded the motion, and the vote was unanimous in favor. NEW BUSINESS OCOEE LIONS CLUB - CENTRAL FLORIDA FAIR - OCOEE CO}1}1UNITY BOOTH ($2000-$2500) LION FRANK TURNER John Alexander, President of the Lions Club, 1412 Kirby St., addressed the Commissioners to mend attitudes over recent misunderstandings. Mr. Alexander explained the Lions Club helps the blind, deaf, the youth, and other charitable organizations. He explained further that the Parade is the City Parade and the Lions projects are City affairs for community interests. Mr. Alexander then invited the Commission to have steak dinner with the Club on the third Monday in January, the 16th. He hoped the Commission would accept the invitation so they could be better informed of their activities. Mr. Alexander also invited the Commission to come down and help answer questions asked by the people of the community at the exposition center, in the Central Florida Fair. Mr. Frank Turner, Chairman of the Fair Project, stated that the County Fair has been manned by the Lions Club for 34 years, and the fair has approximately 220,000 people pass through, based on an average of the past four years. Mr. Turner added that there is 950 square feet of space, the set must be rebuilt, and based on three dollars per square foot, the estimated cost to rebuild is $2,850.00. Mr. Turner asked the Board of Commissioners for $2,500.00. Comm. Lyle made the motion, Comm. Cook seconded, and the vote was unanimous in favor. The theme for this year's fair will be "American Way of Life". Comm. Lyle thanked the Lions Club for the project at the fair each year. Lion Frank OCOEE CITY COMMISSION MEETING DECEMBER 6, 1983 PAGE 2 then stated the Lions Club wouldn't need the money until after the first of the year. WEST ORANGE MATURE CITIZENS - NEW FACILITIES - MR. LARRY GERKEN Mr. Larry Gerken, President of the West Orange Mature Citizens, stated the organ- ization was wondering what progress has been made on the new facility. He stated the facility they presently are using is entirely inadequate. Comm. Lyle asked Mr. Gerken if the Community Center was made available to the citizens would they use it? Mr. Gerken stated the group was meeting twice monthly at the present time, but they would like to have more meetings monthly. Comm. Lyle stated he felt the Community Center should be free of charge to the citizens of Ocoee as their money paid for the building, he felt the out-of-town persons ought to be charged. Comm. Lyle then made a motion to offer free use of the facility, the Main Hall twice a month, and the smaller rooms as much as nec- essary without conflict. Comm. Cook seconded the motion. Comm. Rodgers asked if there was a particular nite desired? Mr. Gerken stated the first and third Thursday, has been traditional for their dinner parties. Mr. Gerken thanked the Commission for the offer. Mr. Clyde Burgess, City Manager, stated that a representative of the Women's Club had offered to share their facility with the Mature Citizens of Ocoee, therefore having another possibility. Arthur Young, 600 Gallego, said he felt the senior citizens ought to be given what they want. Mayor Ison stated he would like to see the Community Center used, not worshipped. He reminded the Board that he had asked the rates to be lowered in May 1983, so the building would be easily accessible to the people of the community. The. rates were lowered to $50.00 on Monday nites, he stated. Betty Irvine, citizen of Ocoee, feels Ocoee should provide a Federal Lunch Program for senior citizens of Ocoee. Charles Vandergrift, 403 Apricot Dr., stated an organization you join and a senior citizen you simply become. Mayor Ison asked for any other comments from the floor. Mayor Ison then reminded everyone of the motion on the floor. The vote carried unanimous. Grady Barker, 621 Hill, would like to thank the Commission, for their offer. Mayor Ison advised the City Commission that on December 15, 1983, at one o'clock p.m., at the Ramada Inn, the senior citizens were having their Christmas Luncheon and the Commission were invited. THE GROVES City Manager Burgess stated the plans were received on Friday, and Ms. Walker came in to City Hall on Thursday and requested to be on the agenda. Ms. Walker and Mr. Don Rowe are present for preliminary approval, stated Mr. Burgess, City Manager. Ms. Olivia Walker stated they are planning 80 garden style apartment units, 916 square feet with washer, dryer connections. The units will be two bedroom, two bathroom apartments, with a pool, cabanna, office, laundry facilities and a permanent on site 24 hour management, which Ladner Co. provides. It is a conventional product, no bond money involved, because of the cost, they expect to be renting at $420.00 per month. Ms. Walker added, we want to have permanent tenants, and are planning to save as many as the trees as possible. We are planning to concentrate the density on the rear side of the property, she stated. Mr. Don Rowe, Engineer for Ladner Co., pointed out that these are preliminary plans and changes can be made to make a screen of trees in front. Mr. Don Rowe stated that everything was set with the water and sewer people. Comm. Lyle, Hager, and Cook stated they were not in favor of rental property in that area. Bruce Beatty, 311 Hormigas, in essence stated the Prima Vista Sewer Plant capac- ity is not adequate for increase of volume. Mr. Beatty advised the Board of Commissioners that he thought the project should be rejected for insufficient sewer capacity in that area. Paul Bellew 700 E Lakeshore Dr., states he speaks for OCOEE CITY COMMISSION MEETING DECEMBER 6, 1983 PAGE 3 the small community across the street from proposed project, and they do not want rental units or 80 migrant people in their area. Mr. Bellew asked Commission to indeed turn the project down. }1r. Metzer states the City Attorney ought to have something to say on the subject. Comm. Rodgers addressed the Commission to explain the "Purpose and Intent of Zoning" from the Charter. The Zoning Ordinance is declared to be necessary to promote the health, safety, and welfare of the inhabitants of the City of Ocoee, by dividing the City into zones and regulating therein the use of the land and use of the buildings as to height, number of stories, and coverings of land, yard size, etc.. Lessened congestion in the streets, preventive over crowding of the land, and to avoid undue concentration of the population. They have made regional considerations, among other things, as to the character of the district. It's peculiar suitability for particular uses, and whether to conserve the value of buildings, and encourage the most appropriate use of the land throughout the community. Comm. Rodgers stated that this was basically the purpose of zoning. Comm. Rodgers then advised the COI11IIlission of the "Purpose and Intent of the Comprehensive Land Use Plan - a legal document set up by the State of Florida enpowering the City of Ocoee to establish the land use of the community". Comm. Rodgers continued, since the Comprehensive Land Use Plan was enacted it has been tested many times in court. Comm. Rodgers quoted from Supreme Court Cases, "after a comprehensive plan or element or portion thereof has been adopted and conforms with this act, all development action or plan included in this plan shall be consistent with such plan as adopted. One problem with Land Use Plan seems to be consistency", Comm. Rodgers stated. Comm. Rodgers then quoted from the Florida Bar Journal about the Environmental Land Use Law. Comm. Rodgers stated the property in discussion was not consistent with the Land Use Plan in this area. Tracy Watson, Orange COllnty Planning & Zoning Department concurred that Orange County growth management policy map that controls the growth on the side of Chicago Avenue which adjoins said property in the county. This R-3 parcel falls under high density, the Land Use Plan calls for low density, which is 4.4 units per acre. The Land Use Plan adequately spells out that multiple family subdivisions must empty out unto arterial roads. Orlando Ave. is a collector road, not an arterial road. The Comprehensive Land Use Plan also states that apartments must be adjacent to shopping centers, this parcel is not. Many citizens have demanded no more growth. The intentions of the City, and policies it has adopted clearly are supported by judicial opinions of similar situations. To conclude, Comm. Rodgers made a motion to deny the land use on Orlando and Chicago for Ladner Co. to build apartments. Corum. Lyle seconded the motion, and the vote was unanimous in favor. Mayor Ison asked for comments. Mayor Ison stated he did not approve of late Friday afternoon items on Tuesday's agenda. Secondly, he asked if the Ladner Co. Apartment construction subject had gone to the Planning & Zoning Board first. Mayor Ison added, if we have a Planning & Zoning Board we ought to get them involved in matters they should handle. Comm. Rodgers rnotioned to have this parcel of land referred back to Planning & Zoning for re-zoning for a compat- ible classification which is suitable with the City's adopted Land Use for that area. Comm. Cook seconded the motion, and the vote was unanimous in favor. Mr. Paul Bellew asked if there were any other parcels in that area zoned R-3. Comm. Rodgers stated all parcels of land must be changed in one given land use area, and the land directly across from Lake Olympic townhouses on the southeast corner of that is zoned R-3, therefore it also must go to Planning and Zoning for re-zoning. Comm. Rodgers wished this to be carried in his previous motion. Mr. Rhodes, City Attorney, stated the parcel of land should have been referred to Planning & Zoning Board before coming before the Commissioners. Mr. Rhodes felt unsure whether the City could avoid a law suit. REPORTS AND INFORMATION OCOEE CITY COMMISSION MEETING DECEMBER 6, 1983 PAGE 4 LAKE PEACH AND MOXIE DRAINAGE Mr. Burgess, City Mariager, reported the survey has been completed and the engineer is in process of preliminary plans for the drainage problem. TRAFFIC SIGNAL - (Bluford & McKey) Mr. Burgess reported the City received a low bid of $15,950.00 , and that organization is going to proceed with ordering the necessary equipment, once they receive it, they should be finished with the project in three days. FLORIDA POWER CHRISTMAS DECORATIONS Mr. Burgess reported that for twenty or twenty-five years Florida Power has assisted the City in putting up Christmas decorations. This year Florida Power could not help us any longer. City Manager reported that this year the City put up the decorations. Comm. Hager wants a letter written to Mervin Lee and employees thanking them for their good deeds, in the past years. Comm. Hager asked Mr. Burgess to draft up a letter and have the Commissioners and the Mayor sign it. PREASSIGNMENT ORDERS - NATIONAL EMERGENCY Mr. Burgess, City Manager, informed the Board of Commissioners he has preassign- ment orders to Ft. Drum, New York, in case of a national emergency. FINANCE DIRECTOR - REPLACEMENT FOR MR. WOOD Mr. Burgess stated the City is advertising locally, in the Sentinel and the Winter Garden Times, has approximately ten applications, and has interviewed two people. He added that the City of Ocoee has also previously advertised in two nationwide professional journals, and one statewide. Comm. Lyle and Comm. Hager stated they would like to hire someone locally. The qualifications necessary for employment are a degree in accounting, master degree preferred, three to five years experience in municipal or public accounting, in a supervisory position. Salary range is ~9,978 to~6,773 depending upon experience. Comm. Hager stated he would like the Commission to have a say in who will be hired for the position. Comm. Rodgers reminded the Commission that the Charter clearly states the City Manager has authority to hire or fire anyone he desires and that the Commission is not to interfere with the City Manager or his jurisdiction. REPORT - TRAFFIC - PEDESTRIANS Mr. Burgess, City Manager, reported that on November 20, he observed for one and a half hours the corner of Orlando and Lakewood, the main objective was to see what could be done safety-wise, in that area. First problem observed, Mr. Burgess stated, the sidewalk is too narrow for children to be walking or riding bicycles two abreast. Second problem is the children were walking on the wrong side of the street causing traffic hazards. The crossing lines need to be re-painted and the paint has been ordered to accomplish this. Mr. Burgess also observed before 7:15 a.m. there were a lot of speeders, after that time there was a noticeable reduction in speed. Mr. Burgess suggested this information be passed to parents and the homeowners associations. Mayor Ison suggested getting a safety meeting scheduled at the schools, for bike riders. Comm. Rodgers highly recommended the City to install caution lights, and address the problem on Lakewood & Banderas crossing. Comm. Rodgers also stated the School Board should be responsible for the caution lights. Another OCOEE CiTY COMMiSSiON HEE'l'iNC DECEMBER 6, 1983 PAGE 5 major problem, Comm. Rodgers informed the Board, is on Wurst Road, with children. This area needs to be addressed to the School Board also, he stated. Hayor Ison stated that the City could address the school Board at their second meeting in January. Mayor Ison stated he will mention the blinking light on Orlando, and Wurst Rd. problem to Dr. Cascaden and ask to be put on the earliest agenda. BANK OF WEST ORANGE - (General Elevator) Mr. Burgess stated his understanding is that the property was owned by the Bank of West Orange, and they made an agreement with the City to install a 10" ,vater line if the property is further developed. Mayor Ison read minutes dated August 2, and 16, of 1977, and August 21, 1978, which clearly noted that Mr. Jerry Kennedy had promised the City to put a 10" water line in, if the property was developed. Comm. Lyle made a motion to send Bank of West Orange a letter reminding them of their promise and copies of the minutes from 1977, and 1978. Corum. Rodgers seconded the motion, the vote carried unanimous in favor. ORANGE COUNTY RESOLUTION Mayor Ison informed the Board of Commissioners that Orange County requests the City to adopt a resolution in support of Orange County position on proposed Rule 9B-22, State of Florida. In essence, he stated, the resolution is to help support the control of the Community Action Program throughout the State of Florida back to the individual communities. Mayor Ison then read the resolution executed aloud. Comm. Lyle motioned to enact the resolution, Comm. Cook seconded the motion, the vote carried unanimously. AUTOMOBILES AVAILABLE - STATE CONTRACT Mr. Burgess, City Manager, stated there are three vehicles in the budget, and the State Contract held by Peacock Dodge, in Daytona area, has the lowest price. Mr. Burgess added the City would like to purchase the two Dodge Diplomat pursuit vehicles with the police package for $9,921 each & one Dodge 150 truck for the Water Department at the price of $6,708.20. The net difference between the total of the vehicles and monies in the budget is $2,583.40. Comm. Rodgers moved to purchase the vehicles with the state contract, Comm. Cook seconded and the vote carried unanimously in favor. WEST ORANGE SEWER PLANT Mr. Burgess stated Mr. Freeman is not selling to RCA, although he is going to sell. HOLIDAY SCHEDULE Mr. Burgess addressed the Commission about the holiday schedule. After discussion, Comm. Rodgers motioned to give City employees off the Friday prior to Christmas, December 23rd, also the Monday following Christmas, Decem- ber 26th, and the Monday following New Years Day which is January 2, 1984. Comm. Cook seconded and the vote was unanimous. The employee Christmas p"rty will be held on December 30th. VIGNETTI PARK Mr. Paul Ballah agreed to do the work at Vignetti Park, needed to be able to use the two ball fields for $2,500.00. The funds are budgeted therefore no motion needed to be made. OCOEE CITY COMMISSION MEETING DECEMBER 6, 1983 PAGE 6 , CITY ATTORNEY Mr. Rhodes stated he will be mailing out a re-draft of the sewer agreement, incorporating discussion from the workshop. Mr. Rhodes added there would have to be another work session scheduled, to work out contract negotiations with Prima Vista Utilities. Comm. Lyle moved to authorize funds, $100.00 per hour, capping at $,000.00 to hire an attorney specializing in utility law, Comm. Cook seconded and the vote was unanimous. Comm. Rodgers suggested to advertise for a professional engineer consultant to get a more compet- itive bid. Mr. Burgess reminded the Board of the contract with Mr. Kuhrt. Mayor Ison responded by saying Mr. Kuhrt could make a bid, if he so desired, along with any other firms. After much discussion, Mayor Ison suggested to schedule a work session on January 10, 1984 at 7:30 and asked Mr. Burgess to be sure Mr. Walter Kuhrt is present to address Prima Vista Utilities. (Note: There is conflict between this Workshop and the Planning & Zoning Board Meeting). NO COMMENTS FROM THE FLOOR COMMENTS FROM COMMISSIONERS Comm. Hager stated former Comm. Whitehead asked him to have the souths ide of Geneva Street ditch cleaned out. Mr. Whitehead assured Comm. Hager he would keep it cleaned out thereafter. Comm. Rodgers asked to have the ditch between Kissimmee and Bluford piped, filled, and covered as it is very deep and dangerous. Comm. Lyle stated the ditch behind City Hall needs to be cut out and cleaned up. Comm. Lyle asked City Manager about the locks on the football field. Comm. Lyle stated several people claimed they were locked out of the facility, and the signs have been taken down. City Manager stated he did not realize the locks had been changed and the signs would be put back. City Manager also stated the problem with volunteered work is you can not depend on them to do what they promised, when they said they would do it. It is also hard for the City to schedule around them. Comm. Cook asked what the last Wednesday of the month trash pickup entails. City Manager explained the Sanitation Department makes rounds to pick up brush, limbs, etc.. Comm. Cook also suggested the Commission needs to address the traffic problem on Wurst and Lady. Mayor Ison informed that the Christmas Parade would be on Saturday, December the 10th, at 11:00 a.m.. Comm. Rodgers asked for a report on the drainage problem at 614 Kissimmee. City Manager stated that the problem was being worked on. City Manager also reported that the City was doing work at Geneva Street Apartments, cleaning out the drainage ditch, and building a grate and frame to provent people from throwing trash in the ditch. Comm. Rodgers addressed the problem of trash at Geneva Street Apartments. Mr. Griffin, Assistant City Manager, explained there is a conflict in the charges, between Geneva Street Apartments and Adair Street Apartments, for Sanitation services. Comm. Rodgers stated he wants the Ordinance enforced preventing garbage strewn about the streets. Comm. Rodgers informed the Commission he received a letter of resignation from Mr. Woodson, from the Code Enforcement Board, and motioned to accept it. Comm. Hager seconded it, the vote was unanimously in favor. Comm. Rodgers suggested Mr. Donald Barker, 604 Pine Street, as a replacement. Comm. Lyle suggested Lester Dabbs as replacement, and Mr. Combs, Vice Chairman of the ocolm CITY COMMISSION MEI':TLNC DECEMBER 6, 1983 PAGE 7 Code Enforcement Board, recommended Mr. Ray Messer. Commissioners Hager, Lyle, Cook, and Rodgers polled to vote. Donald Barber was the unanimous choice to fill the position. Mr. Ken Griffin, Assistant City Manager, stated he would notify Mr. Barber. Comm. Rodgers noted the new ambulance was in. Mayor Ison noted both newspapers, The Times and The Sentinel were giving good coverage on the City of Ocoee. Comm. Cook motioned to adjourn the meeting at 10:17 p.m. and Comm. Hager seconded the motion. ;;L ~~ Mayor Attest: \. ,]G..rII m~l' ~{)J 1 l fll l~ Deputy Clerk