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HomeMy WebLinkAbout06-23-88 SS e MINUTES OF THE SPECIAL SESSION OF THE CITY COMMISSION HELD JUNE 23, 1988 The Meeting was called to order at 8:50 a.M. by Mayor Ison. PRESENT: Mayor Ison, and Hager, Attorney City Manager Ryan, Catron. COllaissioners Johnson, Dabbs, Bateman Woodson, Consulting Engineer Kelley, City Engineer Finch, and City Clerk ABSENT: None AGENDA FOR"AT Mayor Ison explained that the order of the agenda changed due to the tiMe frame necessary for SOMe itelfts. had of been the UNFINISHED BUSINESS e COMmissioner Dabbs stated that, if it was appropriate, he would like to discuss the action that was taken Tuesday night (June 21, 1988) regarding aeveral of the annexation petitions. The action that was taken by the COMmiasion was not what he thought had been done and he did not realize that t.hey had "wiped out" the action they had taken at the special Meeting on 5-19-88. The petitioner had expressed concern and if it was in order he asked the Co..ission to reconsider. Mayor Ison stated that a .otion to reconsider cQuld be Made. COM.issioner Dabba Moved to reconsider the action taken on Tuesday night regarding Ordinances 88-16, 88-17, 88-18 and 88-19, COMmissioner Hager seconded and the Motion carried unanillously. Ord1nance 88-16, C... 10A-8a Mayor Ison explained that at the 6-21-88 Meeting, the COMmission Moved to delete Section 5 & 7 of Ordinance 88-16 and added new wording. COM.issioner Dabbs stated that he would like for the wording to be consistent with what they approved at the Special Meeting on 5-19-88. e For the record, Mayor Ison had brought all his docullents regarding the PriMa Vista Utilities purchase and had them available for the Commission to review. He read from the City Code, Chapter 15, Section 5.3, regarding zoning of annexed land. He stated that he had remeMbered somewhere in the past that the City had siaultaneously annexed and rezoned and found that the City had done so in 1981. Co..iaaioner BateMan atated that he was familiar with the Code as he had been a member of the Planning & Zoning Board and since 1982, he was not aware of any simultaneous annexations and rezonings. In order to save time, he said he was willing to reconsider their previous action regarding these annexations. Mayor Ison stated that in the 1 . Pag. 2 Special S...1on C1~y Co..1..1on Jun. 23.1988 e Stipulation and SettleMent AgreeMent with Prima Vista Utilities, it stated that we would siMultaneously annex and rezone these properties. COMmissioner Dabbs stated that he would like for the board~s action to be consistent with the Stipulation and SettleMent AgreeMent and asked the attorney to reword Section 7 to be consistent with what was said at the Special Meeting on 5-19-88. Attorney Woodson said that Section 7 would be reworded to read as follows: "This Ordinance shall not beCOMe effective until the adoption by the City of an aMendment to the City of Ocoee Comprehensive Plan Generalized Future Land Use Maps so as to designate the property described in Section 1 hereof for land uses consistent with the prOVisions contained in the DevelopMent Agree.ent referred to below and adoption of an amendment to the City Zoning Map and other applicable provisions of the City Zoning Ordinance designating plan developMent Zoning for ~he property described in Section 1 hereof in accordance with the ter.s of the Develop.ent Agreement between the City of Ocoee and Lake Lotta Ltd." Mayor Ison asked if there were any citizens comments and there were none. Mr. Steve Field.an, representing Lake Lotta, Ltd., expressed his appreciation to the COM.i.sion for reconsidering the ordinances. COMMissioner Dabba respectfully moved that the language in the Lake Lotta, Ltd., PUD Ordinance 88-16, Section 7 be aMended to read aa the Attorney Woodson read into the record (stated above> and that the language appeared to do what they intended to do at the Special Session on 5-19 -88 and in accordance with the Stipulation and Settlement Agree.ent, and Commissioner Johnson seconded. Commissioner BateMan asked to Make a state.ent for the record. He atated that he was ready to take action on the Motion before him but was doing so under protest since he did not know this was going to be on the agenda or have the information in front of hiM. Commi.sioner Dabbs asked if this would put the annexation back on schedule if there were an affirMative vote and if they would have to readdress the language on the other ordinances. Attorney Woodson stated that it would. Mayor Ison asked Attorney Woodson to again read the amended language to Section 7 and he repeated the language as stated above. Upon a roll call vote the Motion carried unaniMously. Mayor lson stated that a Motion to reconsider Ordinances 88- 17, 88-18 and 88-19 would be in order. Com.issioner Johnson Moved that the Ordinances 88-17, 88-18 and 88-19 be brought back for reconsideration, COM.issioner Dabbs seconded and the Motion carried unaniMously. Ordinanc. 88-17. Ca.. l1A-88 . Attorney Woodson stated that Section 7 would be deleted the following language added: "Thi. Ordinance shall and not 2 e Page S Special Se..ion City Coaai..ion Jun. 23, 1988 becoae effective until the adoption by the City of 88-16". Coaaissioner Dabbs aoved that Ordinance aaended as stated above by the City Attorney conaistent with the Stipulation and Settleaent Commissioner Hager seconded and upon a roll call .otion carried unanimously. Ordinance 88-17 be and made Agreement, vote the Ordinance 88-18, Ca.. 12A-88 Attorney Woodson atated that Section 7 would have to be deleted and the following a.ended Section 7 added: "This Ordinance ahall not becoa. effective until the adoption by the City of Ordinance 88-16". Comaissioner Hager moved to approve the aaendaent to Ordinance 88-18 aa stated above by the City Attorney and made consistent with the Stipulation and Settlement Agree.ent, Com.issioner Johnson seconded and upon a roll call vote the aotion carried unaniMously. Ordinance 88-19, C... lSA-88 e Attorney Woodson atated that Section 7 would have to be deleted and the following aaended Section 7 added: "This Ordinance ahall not becoae effective until the adoption by the City of Ordinance 88-16". Coaaissioner Dabbs moved to approve the aaendaent to Section 7 as stated above by the City Attorney and to be consistent with the Stipulation and Settleaent Agreeaent, ,Commis.ioner Hager seconded and upon a roll call vote the .otion carried unanimously. Mayor Ison, as a point of order, asked if there were any other aattera to come before the Co..ission. Commissioner Dabbs atated that if they had done what was pas~ed at the 5- 19-88 Meeting, then that was all that he had. Mr. Fieldaan thanked the COM.ission for their consideration and asked who he should be contacting regarding working with the City on the Development Agree.ents. City Manager Ryan stated that the Planning Director, City Manager and staff in conJunction with the City Attorney worked on the Developaent Agreements. The Co.aission then returned to the regular Meeting agenda. ROAD AND TRANSPORTATION PLANNING e Clark Road TOM Kelley and Bob Ca.pbell, of P.E.C., presented an overview of the proposed alignment and costs for Clark Road. They explained that the road would be approximately 4.3 ailes in length. Using Florida DOT cost with data that was one year old, they figured the coat for a 2 lane road would be *700,000.00 per aile. The road would begin on Highway 50 at the propoaed interchange for the East-West Expressway and proceed north with a Jog around Spring Lake and continue to 3 e Pag. 4 Speciel S...ion City COMMi..ion Jun. 23. 1988 Clarcona-Ocoee Road. Mr. Kelley stated that aeetings had been held with property owners along the right-of-way and, up to this point, there were no obJections. He stated that the estimated cost he had given did not include right-of-way acquisition and the dollars would depend upon storawater retention. earthwork and what happened with the interchange at Highway 50. Com.issioner Bateaan asked why the align.ent was .oved to go around Spring Lake when we owned property that could be utilized ~or the road. Mr. Kelley stated that there were ~lood plain proble.s and they looked at the b.st ground possible. City Manager Ryan stated that there was an existing developer and proJect (Silvestri PUD) proposed ~or that align.ent with an existing Development Agree.ent that would pay ~or both parts of Clark Road and Hackney Prairie Road. Mr. Kelley asked the Co..ission to come up and take a closer look at the proposed align.ent on them map. e Mr. Kelley stated that he presented the report for their review only and, if they desired, a cost comparison could be prepared. He anticipated the road would cost 83,010,000.00, without the cost of the right-of-way, but construction costs only. Mayor leon asked when they might see the item on the agenda. Mr. Kelley said they needed time to digest and tiMe ~or the attorney to review the inforaation. He also explained that there was no way for the City to reserve the right-of-way like Orange County could and it was up to the City Manager and staff when to agenda the issue o~ Clark Road. Hackney-Prairie Road Consulting Engineer Kelley reported that he anticipated that the report on Hackney-Prairie Road would be completed be~ore Labor Day. Mr. CaMpbell stated that he had met with developers, they had the location surveyed. they were doing the "physical" center line, and a Public Hearing would be held in August in order to finalize the report. The road was planned to be a 60' two lane road and would include sidewalks with an enclosed drainage systea. There were also areas of right-of-way that were located in the county. e Tran.portation Study and IMpact F... Bob Caapbell stated that he would like to discuas four issues with the COMmisaion. They were as follows: Present a brief overview of the Transportation Develop.ent PrograM; Tell them what was completed up to date; Tell them what they were working on now; and tell thea the shedule of events for the next 6 Months. He explained that the transportation planning process 4 . Pege ~ Special Se..ion City Coaai..ion June 23.1988 consisted of an inventory of the existing roads and land use. The characteristics of how people traveled would be ascertained andp with that inforaation, the road systea would be related to the land use. You would then take the land use to determine the location and kind of roads that were needed. He stated that they had co~pl.ted the basic data collection and inventoried the existing conditions and road systea. A financial feasibility prograa would need to be developed and the proJects would need to be ranked and prioritized in 5 year increaents. At that point, public .eetings would be held and they would be in a position to finalize the transportation iapact feea. They had shown the 1988 traffic volume and turning mov..ent counts for 1988 and noted two problem areas - Silver Star and Good Hoaea Road and State Road 50 and Marshall Farms Road. He referred them to the Ocoee Transportation Study Status Report and Schedule dated June 23p 1988 and went over the schedule for the next 6 .onths. He stated that in August they would be analyzing alternatives and holding workshops; in September they wanted an adopted plan; in October they would do the financial feasibility progra.; in November they would hold aore hearings; and in December prepare for the final impact fee ordinance. e Bown... Road ProJect The bid process had been rescheduled for July 14 for the Bowness Road ProJect and bids had been authorized for the force aain extension to Franklin Street. The previous cost estiaate was $869,000.00. The current cost estiaatep including the force mainp was $922,000.00. Mr. Kelley reported that the revised bid form. would be forthcoming this week. Mayor Ison asked if those monies included construction fro. Palm Drive and Hr. Kelley stated that they did not. Two areas not included were Silver Star and 437 and Palm Drive and 437. Commissioner Johnson stated that we would be making a bigger problem if they didn't solve those problems at the same time. Intersection improveaents had been planned for Kissim.ee down to Story at a cost of S750pOOO.00 as part of the traffic improvements study. Hayor Ison asked that those intersectionsp Silver Star and Apopka and Pal. Drive and Apopka be put on a future agenda. . Mayor lson explained that the Department of Transportation worked on three year proJects and some of the proJects being done now were actually started in 1984. That was when the City Coa.isaion gave their approval for the Mayor and City Manager to go to DeLand and request that some of the areas be iaproved. DOT was .oving along with their proJects and the next intersection scheduled was Maguire and 50. Bluford and Silver Star was in the works but waa being held up due to litigation regarding right-of-way acquisition. Mayor Ison 5 . Peg. 6 Special '...ion City Coaai..ion Jun. 23, 1988 stated that he had asked DOT if they planned to extend Silver Star by the Post Office and they said they would not. e Commissioner Bateman asked the Commission to give serious consideration to passing a workable Impact Fee for the City and recommended advising the City Manager and City Attorney to present them with an amended Impact Fee schedule at the July 5, 1988 meeting. He stated that he had been told that two significant restaurants wanted to build in the City and would like the Commission to consider an "Ocoee type Impact Fee". City Manager Ryan expressed concern with Ocoee being the "leader" in Impact Fees without the study. He said he had visited with the restaurant people and you could argue either way - did they generate traffic or come to the area because of the traffic. Commissioner Bateman said we should get an Impact Fee on line as soon as possible due to the legislation that provided for an interim fee, if we overcharged a developer we would refund the money but if we undercharged a developer, we would not be able to recoup the money. Commissioner Dabbs stated that he thought part of the consideration for setting the fee at 100~ was 80 they would not lose any money and he was not in favor of changing the schedule from what was presented at first reading unless, as the City Manager indicated, there was 80me way to soften the iapact. Mayor Ison stated that they had heard from the attorneys that they had problems with the higher fee and suggested a modified fee would be in order until the final fee was determined in December. City Manager Ryan also suggested they adopt Orange County's fee schedule until the study was completed. Attorney Woodson stated that they could make a motion to amend the ordinance on July 5, 1988 at the Second Reading. There was some discussion on making the fee on a case by case basis. Attorney Woodson stated that they already had a provision for credits and once the fee was established that was it; however, if they wanted to break down categories (like in a restaurant - take out or with seats) then that could be done. Commissioner Bateman moved to direct the City Manager and City Attorney to modify the proposed ordinance for the Interim Transportation Fee ,to allow for S2~ fee schedule at the July 5, 1988 Meeting, Commissioner Hager seconded and the aotion carried three to two with the vote aa follows: Commissioner Johnson - No, Comaissioner Dabbs - No, Comaissioner Bateman - Ves, Commiasioner Hager - Vea and Mayor Ison - Yes. RECESS: 11:30 a... CALL TO ORDER: 11:35 a... . WATER SY'TEM 6 e Pag. 7 Special S...1on C1~y Co..1..1on Jun. 23, 1988 e Ma.~.r Wa~.r S~udy Sua.ary, Pha.. I Pr1or1~y Progra. and Capac1~y Sal. ~ Financial F.a.ibi1i~y Consulting Engineer Kelley re~erred the Co.aission to the Water System Kaster Plan Report that had been provided to them in May. It contained a suaaary o~ recommended iaprovements along with proJected coats ~or those improveaents. Phase I Priority items were: the aaJor expansion to Kiss1~m.e Avenue Water Plant, improvements to Jamela Water Plant, conversion o~ the Forest Oaks Water Plant to the backbone systeM and to locate a new plant south of the City. Mr. Kelley showed a map to the Commission that depicted anticipated needs for water and wastewater connections. He suggested the City charge a $100.00 ~ee for water meters in addition to the $750.00 tap ~ee currently charged and this would help fund the $300,000.00 that he estiaated would be needed ~or the next phase of expenditure. Mayor Ison stated that the ordinance would have to be amended i~ the water meter fee was added. City Manager Ryan suggested that they could either borrow the money and pay later as customers connect to the systea or set aside the dollars in an escrow account until the $300,000.00 was accrued. Mayor Ison asked Finance Director Poston to do a pro~it and loss for existing water customers to see i~ any Monies were available and how long it would take, at that rate, to get the $300,000.00. Mr. Kelley stated that the capacity sale would give an indication of the dollars available. Mayor Ison asked i~ the improvements were developer paid. Mr. Kelley stated that it was a two part program - the City and developers. The backbone would be done by the City with some extensions paid for by the developer. City Manager Ryan stated for the record that you only get that "backbone"" if the cash was in hand ~roa the developer and the City. WASTEWATER SYSTEM Su..ary of SY.~.. Purcha.. ~ &ank Financing and Qu..t1onna1re R..pon.. City Manager Ryan had subMitted revenue and expense reports and a wastewater fund analysis to the Co..ission. He explained that there was $2.6 million net cash available. A auaaary of prOJected water and wastewater needs was also submitted to the Co.aission. e "a.~.r Plan and Propo.ed Pba.ing Dave Refling, P. E. C., explained that in order to develop wastewater ~low prOJections on the survey results, it was assumed that each residential unit would generate 250 gallons per day (gpd) per connection. Since the survey results translated to a growth rate of 800 to 900 units per 7 . Page 8 Special Se..1on C1~y Coaa1..1on June 23. 1988 year, they used a aore realistic proJection of 400 to 500 units per year. It was estiaated that the wastewater flows would be 2.0 agd by the year 2000 and 3.5 agd by the year 2010. The Wastewater Master Plan Su.aary recoaaended that the plan be developed to accoaaodate 3.5 agd by the year 2010 and that it be done in two phases with a first phase capacity of 2.0 agd. Mr. Refling outlined the specific iaproveaenta for this prograa. The preliainary cost estiJftate for Phase I facilities - 2.0 agd - was .8.5 aillion. This included wastewater trans.ission systea iaproveaents, wastewater treataent iaprove.ents and effluent disposal systea iaproveaenta. The preliainary cost estiaate for Phase II facilities - 3.5 agd - was *12.5 aillion. This alao included tran.ai..ion, treat.ent and effluent disposal iaprov.aents. Coaais.ioner Dabbs stated that the "dollars" were incredibly high. Mr. Refling atated that the.. were only planning figures so the capacity would be available when it was n.eded. He stated that Mr. Cohen would address the financial a.pect of the plan. Capac1~y Sale Stanley Cohen presented the following synopsis: e Estiaated cost Table 6 Deduct for Chicone Tract Additional financing Needed Debt structure 88.5 aillion ~!!!.:.~_!!!!!2!:!~ 86.935 million !!~.:.Q_!!!!!2!:! Total Gross Debt to take to 2 agd $12.935 .illion. The question was - how to pay? Contracted with Developers (PVU Group) Connection Fees sold at $2500 Cash on Hand $2,200,000 $5,535,000 !!~L~QQLQQQ Funds available - at soae point in time $10,235,000. . This would leave 83 .illion of retail debt. He stated that they needed to do two things - adopt an ordinance authorizing the 82500 connection fee and, based upon the sale, authorize the developaent of a formalized financing plan so they could go to the bank. He recoamended they discu.s irrevocable letters of credit so funding could be locked in. He explained that three maJor contingencies exi.ted: Significant inflation could occur (capital outlay was for 1988 dollars); no co.ponent was factored for a change in intere.t rates; and they had not factored any changes in 8 e Pag. 9 Special S...ion City Coaai..ion Jun. 23, 1988 the standards of level Environmental Regulation. on the addition of 300 to basically where they were. of treataent by Department of All of the proJections were based 500 ERU's each year and that was RECESS: 12:45 CALL TO ORDER: p.m. 1:45 p.m. Mr. Cohen stated that the City needed to be fair with the developers but also de.anding so that the funds were available when they were needed. He also stated that, at this tiae, no increase in the current sewer rates was anticipated. Mayor Ison asked Mr. Cohen to address the issue of the flat rate charge. Mr. Cohen stated that the most often used rate was based on water consumption and studies indicated that this was also the .ost equitable and legally defensible. He said there were three things that we know capital charge - .iniau. aMount needed to be reserved, customer charge - aeter reading, billing etc., and commodity charge - voluae of what's used. These were the "cost of service". e Mayor Ison stated that they needed to .ake sure that growth paid for itaelf and all of this needed to be related to the budget so they would know where they stood. Com.issioner Bateaan that the users on the Mr. Cohen said that by fee should be charged. questioned the "user charge" and felt systea had been overpaying for years. early next year, they should know what Mayor Ison asked Finance Director Poston and Wastewater Superintendent Holland to give an overview on the number of gallons and dollars for those gallons that were being pumped. Mr. Cohen reminded them that they needed to adopt an ordinance for the _2500 connection fee and authorization to proceed with the financial feasibility study. DRAINAGE ISSUES Consulting Engineer Kelley showed the Coamission a map of the drainage basins and proposed systea. He explained they could fund these improvements by special taxing districts and special assessments. , Mayor Ison stated that the City never did go back and assess the property owners around Lakes Peach and Moxie when they had to declare and e.ergency when the water was so high. He said that in the future all developaent agreements would contain provisions for maintenance of drainage/retention 9 . Page 10 Special Se..1on City COMM1..1on June 23, 1988 ponds and that on every new development today, residents living within each drainage basin should be charged for the costs incurred for that drainage system. He stated that they needed to direct the City Manager and City Attorney to put these requirements in the Development Agreements. These taxing districts need to be set up for these new development proJects. Mayor Ison asked for a general consensus from the Co.missioners and they agreed that this language should be included in the Development Agreements. Mayor Ison thanked everyone for their efforts towards this Special Session. The Meeting adJourned at 2:45 p... __2~~~_J~_______ MAYOR ATTEST: e CITY CLERK e 10