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HomeMy WebLinkAbout08-30-88 WS . . . .... MINUTES OF THE OCOEE CITY COMMISSION WORKSHOP SESSION AUGUST 30, 1988 The meeting was called to order at 7:01 by Mayor Ison in the Commission Chambers. Present: Mayor Ison, Commissioners Bateman, Dabbs, Hager and Johnson Also Present: City Manager Ryan, Assistant City Attorney Woodson, City Clerk Grafton City Manager Ryan introduced Stanley Cohen, Consultant, and David Refling and Tom Kelley from P. E. C. Presentation - Sewer Capacity Sales: Mr. Woodson reviewed the documents sent in early August. The concept for water and sewer is very simple and not unlike other cities. The Commission has already approved water and sewer master plans as prepared by P.E.C. Basically the City would provide water and sewer services by a configuration of lines wi th treatment plants in various spots. All City Ordinances for water and sewer are outdated and this project will create a system for allocation of water and sewer capacity. This concept will have a developer who wants to put together a project, extending the lines, including all infrastructures of this development. This leaves unfinanced the entire basic system. Who builds the City's water and sewer systems? Cities are turning to capitol charges, impact fees, whatever they might be called, but it is a system where developers pay as they go. The ordinance spells out this system and establishes a $750.00 charge for water and $2,500.00 for sewer. The ordinance spells out the calculation of ERUs, with water calculated at 300 gallons per day and sewer at 270 gallons per day. This ordinance details all aspects of the system including site facilities, easements, rates, charges and fees. The ordinance also addresses the exact standards the developers must meet and methods of granting facilities to the City. Mr. Woodson talked about the Capacity Sale section of the ordinance. This section expects developers to project their needs for services and purchase in volume capacity in advance. This system will allow accurate estimates of services needed, be a basis for expansion plans and will provide a financial base. The first reading of this ordinance is scheduled for September 6 and second reading on September 27. Mr. Cohen refined a number of the points illustrated in the ordinance. He supported this approach as a responsible attitude. He recommended going to a commercial bank for funding rather then bonding. October 11 will be the first capacity sale. Mr. Cohen called attention to fact that developer did not have to pay income tax on these connection fees, since the City is tax exempt. Had this been a privately owned utility, taxes would have impacted the costs. Mayor Ison recessed the meeting at 7:30 P.M. The meeting was reconvened at 8:37 P.M. Coaments from the Citizens The Mayor requested any comments or questions from the Commission or the floor for Mr. Cohen. Mr. Cohen was excused when no questions were presented. . Page 2 Ocoee City Commission Workshop Session August 30, 1988 . Miranda Fitzgerald, Attorney with Maguire, Voorhis and Wells, representing Hawthorne Properties Ltd. requested explanations on the following: 1. Page 1, # 7 states that all prior agreements on water would be null and void. Developer Agreements traditionally deal with many topics, not just water and sewer. The parts of these agreements pertaining to other than water and sewer must be preserved. 2. Page 12, provides for off site improvement by developer and refund agreement. It only allows a five year time frame. It needs to be extended to possibly 10 years. Straw vote changed the time from 5 to 7 years. 3. Page 13, dealing with the legal concept of creating a blanket easement over an entire parcel of property until such time as an agreement is reached with the City on location of easements. Developers will have problems with lenders and with title companies. 4. Page 17, referring to timing of payments. It is not normal for 100% of payment to be expected up front. Usually a partial or down payment is more normal. There is not a provision to allow the letter of credit to be reduced during the tenure. 5. Page 17 and 18, Forfeiture if you have not used the capacity in 5 years, plus an extension of 5 years. Forfeiture of these funds is not typical of these agreements. More typical would be to retain a right of first refusal and have that capacity be recaptured, or to have the developer resell his capacity. On this issue City Manager Ryan related the concern of the City on the selling to other developers the capacity. A developer could decide to sell to someone in a completely different location and cause problems in geographical allocations. Comments from Commissioners Commissioner Bateman insists the City must protect itself in these agreements and should enforce the full deposit and full forfeiture procedure. Mayor Ison stated he hoped the October 11 time frame could be kept. Atwood Company City Engineer Finch requested consideration of the Atwood zoning from the last Commission Meeting. The Commission had requested the lakefront lots to be 10,000 square feet and zoned RI-AAA, other lots would RI-A. Mr. Finch called attention to the decision made regarding frontage of 80 feet. RI-AAA requires 85 feet frontage. A variance may be necessary. Mr. Woodson indicated that the Commission could approve RI-AAA with the condition of a variance with a lot of 80 foot frontage. Another suggestion was that zoning of R1-AA could be approved with the condition of 10,000 square feet and 80 foot frontage. Commissioners discussed their preferences. Commission consensus appeared to be that R1-AAA standard zoning would be on the next Agenda. . Second Well Commissioner Bateman brought up the subject of a second water tower and well on the south side of the City. There is some property available. He requested this item to be on an Agenda soon. The City Manager has been trying to get an appraisal on the property and is requesting Mr. Woodson or Mr. Rosenthal to make an offer and acceptance based on appraisal. Will be placed on September 6 Agenda. . . . Page 3 Ocoee City Commission Workshop Session August 30, 1988 Maguire House Commissioner Bateman reported that the newspaper today had an article about Mt Dora rescinding permission granted to an Italian film making company that had permission to use certain property for a movie. Commissioner Bateman pointed out that he would rather not have that happen to Ocoee. City Manager Ryan noted that he had been approached by the same company for use of the Maguire House. He read the script and found it a typical horror story. He had granted permission to the company to use the Maguire House for an offered donation. Each Commissioner in turn expressed displeasure with the arrangement. Betty Hager, in the audience, had also been approached and had rejected the offer. Mr. Ryan will contact the film company and notify them of the wishes of the Commission. Mayor Ison very firmly expressed his opinion that something along the line of restoration should be getting started at the Maguire House. He felt it should be done as a community funded project, not City funds. Mayor Ison stated, as a policy decision, that each and every case of this nature should come before the Commission. Adjournment The meeting was adjourned at 9:35 P.M. ATTEST: ~ ~ C' Y Clerk Thomas R. Ison, Mayor t\t'f'a.Cl'J'~ \\-\C\-'\1