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HomeMy WebLinkAbout09-07-00 Minutes SS - Auto Auction MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION FOR FLORIDA AUTO AUCTION HELD SEPTEMBER 7, 2000 CALL TO ORDER Mayor Vandergrift called the meeting to order at 9:00 p.m. in the Commission Chambers. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Capital Projects/ Transportation Planner Friel, Planning Director Wagner, Principal Planner Lewis, and Recreation Director Nordquist. DISCUSSION/ACTION REGARDING FLORIDA AUTO AUCTION City Attorney Rosenthal advised this meeting was called to discuss matters regarding the Florida Auto Auction: a proposed Developer Agreement, a response from Mr. Ardaman relating to issues raised in the agreement, and a letter from himself in response to Mr. Ardaman. He pointed out that one of the issues in Mr. Ardaman's letter related to concurrency and vesting and an agreement had been reached on a structure to resolve that at the Development Review Committee level. Mr. Rosenthal said there are two categories of subjects to be considered. The first of these categories deals with technical amendments to the Land Development Code. As Wholesale Auction-motor vehicle wholesale is not listed as a permitted use in a C-3 zoning district, an amendment to the Land Development Code is in order to add this classification in C-3, 1-1, and 1-2 zoning districts. The second issue (which also relates to the Comprehensive Plan) deals with "development" in the 100-year flood plain. The proposed piping of the existing ditch which lies within the 100-year flood plain does not fall within the purview of the City Commission to grant a waiver from, and would require a citywide Comprehensive Plan amendment for that approach. Staff proposes to bring an amendment to the Land Development Code which would take out of the definition of "development" the piping of an existing man- made ditch or canal. Mr. Rosenthal asked if there were any objections to moving forward with these two proposals. City Manager Shapiro advised that the Auto Auction would install, inspect and maintain the piping, which would be 60" pipes. Discussion ensued regarding the flood plain and possible amendments to the Land Development Code and Comprehensive Plan. Kurt Ardaman, 170 East Washington Street, Orlando, representing Florida Auto Auction, concurred with Mr. Rosenthal's statements with respect to both the Land Development Code Ocoee City Commission Special Session - Florida Auto Auction September 7, 2000 changes, and said timing is important, as they hoped to have the approval of this Commission on September 19 of all the public hearing issues, variance issues, the development agreement and the final site plan. They would be asking for grading and clearing permits before then. When Mr. Shapiro asked for any objections to either of the proposals presented by Mr. Rosenthal, there were no objections voiced. Road Improvements/Funding Issues Mr. Rosenthal said an extensive amount of time has been spent dealing with transportation issues and impacts with Florida Auto Auction. He said staff had submitted a proposal to the Auction which basically would result in Maguire Road from Mercantile Court to Story Road being improved as a four lane roadway. That would have completed, along with the other projects already authorized and funded by this Commission, the extension of Maguire Road to Story Road which is necessary in order for this project to meet concurrency. Staff has suggested that improving Maguire Road all the way to Story Road would be sufficient mitigation for all the transportation impacts that the Auction was causing, such that the City could then be in a position to issue a certificate of concurrency. This was addressed in the draft development agreement in the packets last Tuesday. The estimated cost of this segment of the project would be $2.8M. The City proposed that the Auction make a contribution of $1.2M cash to be used on the road for which they would not receive any road impact fee credits. This would be a non-reimbursable paying to the City, a mitigation of their impacts, and the City would draw on that as the project costs occur. With respect to the balance of the remaining $1.6M, the City proposed that the Auction advance $1.6M without any interest, with there being an obligation to the City to repay that no later than 10 years from a particular agreed upon date. Mr. Rosenthal noted that in the past various property owners along State Road 50 who had pioneered certain areas, putting in water lines, etc., were reimbursed as other properties benefited from the improvements, and he outlined such a proposal for the Auction. He said that the Auction had instead proposed a loan to the City in the amount of $2M at 6 % interest repayable in five years. He said that staff had a high confidence level that on the IO year horizon the development that would occur would be sufficient to payoff the $1.6M so that it would never become a road impact fee budgetary issue in the tenth year, but were not so sure about the five years. Mr. Shapiro said that the City would have the money available, but there were problems with the Auction's proposal: (1) the City can get a better loan price than that, and (2) at that level, the word loan was never to be used, but rather it would be considered a withdrawal to the City that would be repaid. He listed the monies which will be coming in from contracts already in place. Mr. Rosenthal discussed the issue from a concurrency standpoint. Mr. Warren Young, addressing the concurrency issue, said in order to meet concurrency the 2 Ocoee City Commission Special Session - Florida Auto Auction September 7, 2000 road improvement must be done. And in order to do their project they must meet concurrency The problem is that the impact of the Auction is much less than the $600,000 they propose to give the City, as they do not use Maguire Road very much. He said they would give up the interest rate, but wanted impact fees back from the City from development that would impact this road. This would provide them with more than staff has suggested. After further discussion regarding the details, during which staff responded to questions, Mayor Vandergrift, seconded by Commissioner Parker, moved to accept the $600,000 and the $2. 2M for 10 years at no interest and direct staff to incorporate this into the proposed Development Agreement which still needs to come before this Commission for approval. Motion carried 4-0. Commissioner Johnson announced a conflict of interest and did not vote on this motion. (See his disclosure attached to these minutes.) Mr. Ardaman and Mr . Young both thanked Commission and Staff for their time and effort. ADJOURNMENT The meeting adjourned at 1O: 18 p.m. Attest: APPROVED: City of Ocoee :;; s:..~ ;L S. Scott Vandergrift, May r 3 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE I G D THE BOARD, COUNCil, C MMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: . ~ 0 COUNTY [) OTHER lOCAL AGENCY NAME OF POLITICAL SUBDIVI ION: ,f: ~D'ZJ [) APPOINTIVE DATE ON WHICH VOTE OCCURRED WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143, FLORIDA STATUTES .A.. person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;'and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on S'~ p Tb~~ , 20 ~?__: e or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of _J~~.A~~_A.lL.C n t1 ,J , by , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: S~r"e~B~ ~J ~OOP Date Filed \ Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. 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