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HomeMy WebLinkAbout01-17-89 . . . OCOEE CITY COMMISSION REGULAR MEETING HELD JANUARY 17, 1989 The meeting was called to order at 7:31 p.m. by Mayor Ison in the Commission Chambers. A quorum was declared present. commissioner Dabbs led in the prayer and the pledge of allegiance to the flag. PRESENT: Mayor Ison, Commissioners Combs, Dabbs, Hager and Johnson. Also present were Acting Ci ty Manager Bateman, Assistant,r City Attorney Woodson, Planning Director Behrens, Planners Claman and Harper, Director of Public Works Brenner, and City Clerk Grafton. PRESENTATIONS AND PROCLAMATIONS Mayor Ison announced Commissioner Johnson's birthday and a cake was brought out. Commissioner Dabbs announced that Commissioner Johnson is 43 years old today. APPROVALS - CONSENT AGENDA commissioner Combs moved approval of the Consent Agenda consisting of the Regular Commission Meeting Minutes of January 3, 1989, Workshop Commission Meeting Minutes of January 3, 1989 and the final payment for sod installation at Senior League Field. Commissioner Johnson seconded the motion, motion carried unanimously. Mayor Ison called attention to the new Agenda, stating time segments for Agenda items. Mayor Ison advised his State of the City message, required under the new Charter,will be in two segments. The first segment will be presented tonight and the second in April. April is one half through the budget year and is the exact time the new budget for fiscal 89/90 will be initiated. Mayor Ison: "Ocoee is presently and shall remain a good place to live, a good place to work and a good place to call home." DR YOUNG'S MEDICAL OFFICE BUILDING This is a clarification of the action of January 3, 1989. Mayor Ison explained that what he thought the Commission was approving was to give Dr. Young the authority to move ahead with his building. .. building only the sidewalks in front of his main building presently and temporarily exempting him from building the sidewalk around Maguire and on the rest of the street. A letter from former City Manager Finch that went to Dr. Young stated other than the concept expressed by Mayor Ison. City Manager Bateman said that all the engineering problems have been resolved by PEC and Dr. Young has been so notified. The time delay was an element . Page 2 Ocoee City Commission regular Session January 17, 1989 in the report. Mr Bateman stated that the correction will be made with Dr. Young. . RECREATION FEES FOR LAKE LOTTA - STEVE FIELDMAN Mr. Fieldman, representing the owners of Lake Lotta, reminded the Commissioners that they had agreed to pay a $200,000.00 recreation fee. The question is, when is it payable? Mr. Fieldman feels that instead of paying when platting the road, the owners would prefer to break down that sum and make pro-rata share payments at the time of platting each pod. Mayor Ison asked if anyone knew when the City required other developers to make their payments. Planning Director volunteered that he would research this matter and communicate with him. Mayor Ison stated that he felt the Commission should handle all developers in a consistent manner. Mr. Fieldman stated that their plans were unusual in that they would be platting only roads first, leaving the pods as open tracts. He suggested $100,000.00 at road platting and the second $100,000.00 on a prorata basis as the pods are platted. Planning Director Behrens contributed that the payment was usually at the final plat and he sees no problem with the suggestion of Mr. Fieldman. Mr. Fieldman also mentioned that they were rushing with the road (Clark Road) for the convenience of the City. Commissioner Johnson moved that the $200,000.00 recreation fee from this development should be paid in two phases, one phase with the signing of the plat for the street and phase 2 with the next plat that is brought in to be signed. Commissioner Combs seconded the motion. Motion carried unanimously. . ACP DEVELOPMENT COMPANY Attorney Woodson explained that his firm had been working with ACP Development Company, Heller Brothers Groves and Maguire Road Corpora tion on agreements for water and sewer service in their area. After the Capacity Sale in November, developer's agreements for water and sewer service were approved with Heller Brothers Groves and Maguire Road Corporation (Ferdinand Property). Negotiations for water and sewer line construction agreement continue. Since Arvida Corporation (ACP Development Company) is purchasing property from Heller Groves and Maguire Road Corporation, they have requested to be allowed to negotiate with the City. Attorney Woodson tonight presented an agreement from ACP for water and sewer service and amendments to the Heller Brothers and Maguire Road Corporation Developer's Agreements. The ACP agreement is standard. Section 4 deals with construction of water and sewer lines and credits for impact fees for this construction. Attorney Woodson pointed out some relatively minor modifications in Section 4 that would tailor this agreement to this specific developer. PEC's current estimate for this water and sewer line is $450,000.00. Section 5 threw it right out of the standard agreement. Since the City has already executed an agreement with Heller Brothers, Section 7 reflects the assignment of capacity already contracted for by Heller Brothers. On March 1, 1989, the . . . Page 3 Ocoee City Commission Regular Session January 17, 1989 Developer will provide cash or letter of credit for all payments due subsequent to the date of execution (this is a change over the standard 20% of all payments due). Mr. Woodson stated it was not appopriate to receive 100% satisfaction for a 20% letter of credit. Any credits to Arvida will be on a prorata basis. Only other change is Section 25, which is a contingency section pertaining to closing with Heller by a certain date. Mayor Ison asked what provisions are being made for the area south of this line. Any commitment existing for this area is with Orange County. Ted Brown, Counsel for Arvida, had no disagreement with accommodating Orange County, the size is adequate. Jim Kattleman, Counsel for Heller Brothers and Phoenix, agreed, the size is adequate. Tom Kelley, P.E.C., noted the master plan has taken into consideration all the developments. Commissioner Dabbs asked if Sections 8.1 and 12.4 were directly from the Standard Agreement. Attorney Woodson said they were. He also asked if 16.1 and 16.3 were in conflict. Attorney Woodson explained that the agreement could not be assigned (16.1) and that only one of the many rights could be assigned (16.3). The Developer Agreement, generally, assures the developer that the City will not overload the developer built lines before the developer himself has an opportunity to utilize his fair share. Mayor Ison, referring to 3.7, Bonding Requirement, wanted assurance that if there was a problem during the two year time frame, the City would not incur any cost at all. Attorney Woodson answered that Foley and Lardner are now reviewing all bonds and this should not happen as it has in the past. Attorney Woodson explained that when responsibility is transferred to the City at the end of construction, whatever happens after that point is the responsibility of the City. He also explained that since the bond was for 10%, the city is OK up to 10% in expenses if a problem occurs. Commissioner Hager expressed his idea that the City should not accept any of the water or sewer lines until after the two year period. Jim Swickerath, 1320 Ridgefield, asked what kind of bond, materials or performance? Is it traditional for the developer to bond the work or should the general contractor (low bidder) bond his work? There was a great deal of discussion about this two year period and whether to bond at the beginning of that time frame or after. After would allow for a four year period, as opposed to two. Mayor Ison summarized the discussion by stating he felt some kind of a trial run of these lines should be necessary. At torney Woodson tried to clarify the points brought up. He pointed out the various sections of legal language that would cover the assortment of problems the Commissioners were hypothesizing. Attorney Woodson, in response to the question, answered that Arvida had paid for his time on their agreement and the Heller/Phoenix had paid for his time on their agreement. Commissioner Dabbs moved to approve the ACP agreement as presented and amended this evening. The motion was seconded by Commissioner Hager. Motion carried unanimously. Attorney Woodson presented the Heller Brothers and Maguire Road Corporation Developer Agreements and r . . . Page 4 Ocoee City Commission Regular Session January 17, 1989 reviewed the contents. Commissioner Combs moved, seconded by Commissioner Johnson, to approve the amendment to the Developer Agreements of Heller Brothers and Maguire Road Corporation as revised this evening. Motion carried unanimously. Attorney Ted Brown expressed his gratitude to Attorney Woodson for his efforts to "get this far this fast". SITE PLAN APPROVAL TEMPLE GROVE ESTATES Planning Director Behrens referred to the report sent to Commissioners. He recommended approval subject to the developer addressing at final plans submittal the issues named by staff in a report dated October 7, 1988. Acting City Manager Bateman reported that DRC raised the question of city water and septic tank. Developer Agreements usually called for sewer service and permits septic tanks only if sewer is not available. Charlie Trew paid for 130 water connections but not sewer. He stated that upon annexation, zoning was accepted at R1-AA to suit the City and City did not want to change standard form and it was understood they would, with Commission permission, go to septic tanks. Mr. Bateman reported that the minutes of the meetings at the time of annexation did say the developer referred R1-A and did change to RI-AA at the request of the Commissioners. But the septic tank qualification was not reported in the way Mr. Trew recalled it. Mr. Trew stated that his organization is required to provide 1/4 acre lots for septic tank, whereas R1-AA required only 10,000 square foot lots. Sewer service is 750 feet away from this project. Mr. Bateman pointed out that the development is between two lakes but does not have lots on the lakefront. The issue of septic tanks was thoroughly discussed. Mayor Ison informed the Commission that there were two items to consider: septic tanks and the entrance at Silver Star Road. In discussing the entrance, Mr. Trew said they had been to P & Z twice and the entrance as it is shown is what P & Z felt was the best solution. According to Mr. Trew, DOT will still have a say in the entrance. There is not sewer capacity to offer this developer. Commissioner Johnson, seconded by Commissioner Combs, moved to go with the project as proposed with septic tanks and 10,000 square foot lots, subject to DOT approval of Silver Star Road entrance and subject to staff report items on final site plan. Motion carried, 4 "ayes", Commissioner Dabbs, "nay". RECESS AT 9:27 P.M. RECONVENE AT 9:47 P.M. POLICE DEPARTMENT MODULAR BUILDING FOR OFFICE SPACE Police Chief Boyd reported that Planning and Zoning had approved the placing of a modular unit for the Police Department to improve the efficiency of the staff. Commissioner Johnson asked if a double wide that looks more like a house rather than a trailer might be available. Chief Boyd admitted he was not fond of this idea but needed the space. Mayor Ison questioned where the money . Page 5 Ocoee City Commission Regular Session January 17, 1989 was coming from. Chief Boyd said he would approach funding agencies and would not be encumbering City funds. Commissioner Combs called attention to the problems inherent in stopping the citizens from doing something and then the governmental agency goes right ahead and does the same thing. The citizens will have comments. Mayor Ison noted that it is now time to address the lack of space for government. The possibility of moving one division of the Police Department was discussed and rejected because it would cause expenses in communication equipment at the very least. Acting City Manager Bateman reported that the P & Z approval was for a period not to exceed two years. Mr. Bateman confirmed that he would like to see this go, since it would give the City a chance to budget over more time. This matter was tabled. It will be placed on the Agenda for February 1. . MAYOR ISON CALLED THE PUBLIC HEARING TO ORDER. POLICE DEPARTMENT MODULAR BUILDING FOR OFFICE SPACE Mayor Ison requested any comments from the public on this subject. Mr. Swickerath reported that the P & Z recommended that Chief Boyd's request be approved. There were some very practical questions about temporary structures. Mayor Ison stated that he would go to connecting the Police Department and the City with a passage that could support some office space. Later the City Hall could be turned over to the Police Department. This Public Hearing will be continued to the next meeting. SECOND READING: ORDINANCE #88-68, STORMWATER BENEFIT AREAS Acting City Manger Bateman read Ordinance #88-68 by title only. PUBLIC HEARING OPENED Mr. Mohnacky, 1820 Prairie Lake Blvd., stated he had read the ordinance and requested a practical example of how it would apply. Mayor Ison explained that with this ordinance, retention ponds would have maintenance as required and the new growth in the areas where the ponds were located would be paying for this service under this ordinance. Attorney Woodson explained that the resolution is so worded as to give sufficient notice in advertisements, publication of assessment roles, etc. to inform all persons involved. Commissioner Johnson left at 10:00 p.m. Mayor Ison explained that the goal of this ordinance is to have each developer support their own drainage. . PUBLIC HEARING CLOSED. Commissioner Dabbs moved to adopt Ordinance #88-68, Commissioner Combs seconded. Roll call Vote: Combs, "aye", Dabbs, "aye" , Hager, "aye", and Ison, "aye". Johnson absent. Motion carried. ___J . . Page 6 Ocoee City Commission Regular Session January 17, 1989 COMMENTS FROM CITIZENS/PUBLIC Commissioner Dabbs stated he is not happy with the new agenda process that takes away his right to speak at a meeting as a citizen/commissioner. Mayor Ison felt it was not the intention of the Charter Committee to restrict the Commission from discussion. He is looking forward to an interpretation from the City Attorney. Attorney Woodson admitted to not being an expert on the Charter. He did say that, as Commissioners, you can set the Agenda. An Agenda item called "Reports and Information - City Commissioners", should not be violation of the Charter. Mayor Ison instructed that Commissioners' Comments would go back on the Agenda with the understanding it would not be abused. THIS AGENDA ITEM WAS MOVED TO PRECEDE ITEM VII A. CAPITOL IMPROVEMENTS AS IT RELATED TO MUNICIPAL IMPROVEMENTS REPORT FROM PLANNING AND ZONING BOARD Jim Swickerath, 1302 Ridgefield, appeared at the request of Planning Director Behrens and at the encouragement of the Planning and Zoning Board. He discussed the Commission I s action on the request for the Police Department "temporary" facility. He is concerned with the definition of temporary. The Planning and Zoning Board has moved to request the Commission to start now, as soon as practical, with a study of space needs, inventory all the needs of the departments. This is an excellent time to do that because Planning and Zoning is currently involved in an update of the comprehensive plan which will provide an excellent basis for data to base projections on. He added that the Planning and Zoning Board is getting ready to draft a capitol improvements element of the Comprehensive Plan that will outline strategies and sources for moneys for improvements. Mr. Swickerath felt this would be a really good time to start the study. He asked that there be a commitment to make improvements in three to five year increments. Mayor Ison asked if the Planning staff could be used for this study. Mr. Swickerath guessed that each department head would cooperate with the projection necessary. Mayor Ison asked how we get things formally started. Lisa Claman volunteered to give any time she has to this project. Mayor Ison told them to "take the ball and run". In past years, there was no capitol funding in the budget. Mayor Ison anticipated the next budget would not continue this practice. Planning Director Behrens was instructed to inventory existing facilities, project future needs and see what can be utilized best. MAGUIRE ROAD/CLARK ROAD/HACKNEY TRANSPORTATION IMPACT FEES: PRAIRIE ROAD . Mr. Bob Campbell, of P.E.C., explained that Romans began the practice of charging people for roads and it has continued. The practice did lapse for a period when the Federal Government paid ,-----~ --- --~ . . . Page 7 Ocoee City Commission Regular Session January 17, 1989 for roads throughout the country. Lately, it has been necessary to resume the practice. It is now called a transportation impact fee. P.E.C. tonight is proposing a transportation impact fee schedule. To provide the necessary roads for this area, we need about 14.9 million dollars in the next 10 or 15 years, and that as, development comes on line, the money which will be needed to build these roads will not necessarily be there but will be approved gradually. In building some of the necessary roads, funding other than impact fees will be needed to get the job done. This Commission had approved a specific list of projects based on systems traffic level and land use plans. Mr. Campbell suggested that in any development of 200 units or more, the developer do a traffic analysis to tell what improvements specifically are needed. If they are not in conformance with the comprehensive plan, modifications will be necessary to comply with concurrency laws of the state. Plans will need periodic updates. $770.00 per house is this recommendation for impact fee. The schedule expressed graduated amounts for various types of construction. Upon question of waiving impact fees for a hospital, Attorney Woodson stated that the fee cannot be waived for private or for profit situations. Mayor Ison wants some flexibility written into rate before it is put into ordinance. He is suggesting total exemption. Commissioner Hager says that the dollars in the schedule on based on 1988 dollars and will need to be adjusted annually. Mr. Campbell stated he was at this meeting to get authorization to have the City Attorney to draft an ordinance. Mayor Ison instructed the City Attorney to bring an impact fee ordinance to the next meeting for first reading. Acting City Manager Bateman recommended the fee be payable upon issuance of building permit. Mayor Ison recalled the rationale for using certificate of occupancy for time of payment of impact fees. He stated the idea was that traffic would not be a factor until occupancy and that any additional expense to the contractor, costing interest charges, would automatically increase the house costs. Attorney Woodson supported the building permit charge time frame. The Commission agreed to change time of collection to building permit issuance. Commissioner Dabbs asked Mr. Campbell to remind him of the route Clark Road would take. Mr. Campbell comments that P. E. C. is waiting for staff to provide new city limits so they can submit a proper right-of-way legal description for Clark Road. Mayor Ison asked about the Clark Road area in the county. Those property values will be greatly increased. Mayor Ison inquired about the possibility of sharing county impact fees or a special assessment. Get maps redone and get with the County Administrator and work out agreements, get into writing and take action necessary. . Page 8 Ocoee City Commission Regular Session January 17, 1989 REPORTS AND INFORMATION - CITY MANAGER Acting City Manager requested a special meeting to discuss hiring a new city manager. The meeting was established for 8:30 p.m. Thursday of this week in the Training Room. This will be called a Special Session. Mayor Ison asked Mr. Harper when the Comprehensive Plan schedule would be ready. Mr. Harper answered that it would be ready for the February 7 meeting. Mr. Harper further commented he felt there were several problems to address. First was streamlining the application and second, there are 8 or 9 passages in the subdivision code that are confusing and outdated. Mayor Ison requested a recommendation from Mr. Harper on quarterly, six months or annual reports by the next meeting. Mr. Bateman requested one hour made available for staff to talk about the location of the sewer plant. He suggested a special session. Set for 6:30 p.m. February 7. Fee problems, both occupational and permit, have been called to the attention of Mr. Bateman. He feels the subjects should be revisi ted as quickly as possible. He will put together some recommendations for the next meeting. . Acting City Manager Bateman has had some calls about the 4 pieces of property for sale. People have offered to lease now and bid or whatever on those parcels. Placed on the session schedule for Thursday of this week. The Thursday meeting will be two parts, the new City Manager hiring and surplus property. A brief discussion of Charter provisions ensued with reference to the surplus property subject. The consensus was to go ahead and place it on the agenda for discussion at the Thursday meeting. COMMENTS FROM COMMISSIONERS No comments from Commissioners ADJOURNMENT The meeting was adjourned at 11:15 p.m. ATTEST:~&+- "ty Clerk Thomas R. Ison, Mayor . A..PPlo\lu \l-Iq-C\\