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HomeMy WebLinkAbout06-27-85 WS . - - MINUTES OF THE JOINT WORKSHOP WITH THE COMMISSION AND PLANNING AND ZONING BOARD HELD JUNE 27, 1985 PRESENT: Mayor Ison, Commissioners Cox, Rodgers, and Hager, City Manager Griffin and City Attorney Hayman, P & Z Board Members Brooklyn, Sanders, Smith, Swickerath, and Breeze, and Deputy Clerk Louloudis. ABSENT: Commissioner Bateman, and P & Z Board Members Lahde, and alternate Busch. CALL TO ORDER Mayor Ison called the scheduled workshop to order at 7:02 p.m.. Mayor Ison then led those present in prayer and to the Pledge of Allegiance to the Flag. DISCUSSION OF OCOEE CITY URBAN SERVICES DISTRICT City Planner Russ Wagner gave the Boards a summarization of Chapter 180 of the Florida State Statutes. The main points given are stated below. 1. Any municipality may extend and execute corporate powers outside corporate limits to promote health, safety, welfare, and for accomplishing purposes or Florida Statute 180. 2. A municipality may create a zone by Ordinance not exceeding five miles out from City boundaries to require residents to connect to the sewerage system when available. 3. When utility systems are to be extended, the municipality is to give notice by Ordinance or Resolution and provide a 30 day period to conduct a hearing if any objections are filed. 4. The municipality is to authorize actual construction by Ordinance/Resolution no earlier than 40 days after passage and may issue mortgage revenue certiricates to finance improvements.. 5. The Act gives broad powers to private companies as well as municipalities to contruct and operate a wide range of "Public Works" projects. (Any other private company or municipality operating a utilty system adjacent to a proposed utility system must give its permission. 6. The Act allows municipalities to combine revenues generated by eXisting "utilities" with those anticipated from new utilities and pledge them toward funds borrowed for expansion projects. 7. Mortgage revenue certificates may be issued without regard to limitations on municipal indebtedness as long as debt is structured not to affect general tax liability of the City. 8. Should anyone protest the issuance of bonds for utitlity improvements, they must file within 30 days. A petition signed by 20% of the voters requiring a referendum to be held within 60 days to determine if voters will approve such expenditures. 9. The Act allows municipalities to enter private lands r . e e Commission & P & Z Joint Workshop June 28, 1985 Page 2 inside and outside the city for survey and examination. 10. The Commission may create a separate utility board to operate systems and establish procedures and rates. 11. Municipalities and private companies may operate utility systems under franchise agreements specifying rates and regulations. 12. If a private company's franchise expires, it may petition the municipality to purchase its utility operation at a negotiated price or via condemnation. 13. A municipality may allow perons outside its boundaries to connect to its utility systems. Charges to such customers can be higher than to those inside the City, with some limitations. 14. A private utility company with a franchise agreement may extend services outside city boundaries upon agreement of all parties. 15. Any municipality or private company authorizes under the Act has power of eminent domain over public tracts of lands and rights-of-way, and any municipality may bond for projects outside its boundaries as if they were inside. 16. Should a municipality purchase or sell a water or sewer utility, it must hold a public hearing and analyze the impacts and feasibility of such sale or puchase as it relates to the public. 17. Here are some general things to consider when laying out an urban service area: A. Area should only include lands which municipality resonably expects to serve. B. Area should not include eXisting devlopments already served by water and sewer. C. Area should primarily include lands showing little or no existing development. D. Area should include lands within common drainage areas, that is, include lands on both sides of a lake or stream. E. Area should generally include both sides of an existing roadway rather than extending along the road so that service can be provided in a cost effective manner. F. Whatever area is designated should be considered as the "reserve area" for future comprehensive planning purposes. Mr. Griffin stated the rule of thumb seems to laying the pipe first gets the property. The services) does not have to be the entity who property. be whoever is provider (of annexes the Comm. Rodgers asked if the City of Ocoee could assess a franchise fee from the County if they served the citizens of Ocoee with sewerage. This question was unanswered. Comm. Rodgers questioned what would happen if Ocoee stretched its 2 e e e City Commission & P & Z Board Joint Workshop June 27, 1985 Page 3 Urban Service Area the entire five miles, and put 1/2 inch P.V.C. pipe all around. The Act states "provides services", and nothing of what kind of services. Mr. Griffin felt the City would get into a lawsuit over "adequate services". The County is hindering the cities from growing. Comm. Rodgers thought that eventually everything will be consolidated. Municipalities can provide basic services for less monies than the County can. Comm. Rodgers warned against over extending the Urban Service Area. Comm. Rodgers thought the sewer should be reserved for commercial, industrial and multi-family; single family residential should be septic tanks. Chairman Breeze felt safer calling the areas our "Reserved Annexation Area". Chairman Breeze was against supplying services outside the City limits. There is a risk of annexations requesting sewer and water, as Statute 172 says municipalities can not annex properties they can not serve. Property owners can voluntarily annex, without the City being responsible to serve water and sewer. Mr. Burton Smith advised the Commission to be conservative with the urban service area, and to be sure we could supply services to those lands we include. Members Sanders and Brooklyn agreed with Mr. Smith. Mayor Ison stated it would be more profitable to serve commercial areas than residential, therefore we should include a stretch of SR 50. Comm. Cox) Rodgers and Hager agreed that SR 50 would be top priority. Comm. ROdgers suggested including SR 50 from Good Homes Road to Winter Garden city limits. Mr. Swickerath agreed that SR 50 should be top priority to create jobs for our children. Mr. Swickerath also suggested when the City goes to the County to negotiate our Urban Service area, include enough land to bargain with. Comm. Hager agreed with SR 50, and added the City can not stop lines of communication. Mr. Griffin suggested we draw it out on a map and then go to the County with our proposal, and negotiate with them. We must figure out the feasibility of supplying services to the area we map out as the Urban Service Area. Mr. Swickerath stated the City needs to spend more money on capital improvements. Mayor Ison stated we would do more improvements as we annex more property. Mr. Smith thought we should only draw the line to where we know we want to annex, like a potential annexation plan. Comm. ROdgers stated he does not trust the County, and he feels if we tell the County exactly what we want and where we would like our boundaries to be, they will make that area their top priority. Comm. Rodgers suggested starting annexation procedures on both sides of Highway 50, and take it from there. In short, both Boards agreed we need to concentrate on the SR 50 area, as that area will be commercial, which is where the ~ e - . City Commission and P & Z Board Joint Workshop June 27, 1985 Page 4 City will collect the most money. Both Boards agreed we need to take action, and we need to be conservative with the lines we draw on the map, as the area we map out, we must be prepared to service. The Joint workshop adjourned at 9:00 p~~ ~ ~ MAYOR ISON ATTEST: ~Jpu~ DEPUTY CLERK L LOUDIS II