Loading...
HomeMy WebLinkAbout10-16-90 '-" ~ ~ MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD ON OCTOBER 16, 1990 The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Dabbs at 7:30 p.m. in the commission chambers. Mayor Dabbs led in the prayer and pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Public Works Director Brenner, Planning Director Behrens, Building Official Flippen, Acting Finance Director/Accountant Gianitsis, City Clerk Grafton, and Deputy City Clerk Green. ABSENT: None CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, F, G, and H. Mayor Dabbs asked that item C be pulled. ~ Acceptance and Approval of Minutes of Reqular Commission Meetinq of October ~ 1990, and Special Session of September ~ 1990. ~ Acceptance and Authorization to Execute Garbaqe Franchise Contract = Industrial Waste Services Company (IWS). ~ Acceptance and Approval of Drainaqe Easement = Wayne Automatic Sprinklers. ~ Acceptance and Approval of Southern Bell Easement = Sawmill Blvd/Apopka-Vineland Road. ~ Acceptance and Approval of Lift Station Site and Easement = Master Western Lift Station. ~ Acceptance and Approval of Ocoee Commercial Park (Lakendon) ~ Development Aqreement to Act as Surety for Site Improvements for Ocoee Commercial Park. ~ Final Plat ~ Acceptance and Approval of West Oranqe Hospital = Final Enqineerinq Plan. Commissioner Combs, seconded by Commissioner Woodson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. ~ Acceptance and Approval of Enqineerinq Desiqn Services - South Water Plant = PEC. City Engineer Shira pointed out the typographical error on the Staff Report ($1,000,027.00) should be $1,027,000.00 as shown on page 2 of the document. Mayor Dabbs noted the typographical correction and moved to accept the contract addendum. Commissioner Combs seconded, and the motion carried with a unanimous vote in favor. COMMENTS FROM CITIZENS/PUBLIC R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked who paid for the trip to New York for the bond closing. Mr. Shapiro explained \...., '-' '-'" Page 2 Ocoee City Commission Regular Meeting October 16, 1990 that different portions of the expenses were paid by different sources including the bond itself, the bond counsel, and Hough and Company. Taxpayers per se did not pay for any of it. The New York site made it possible for Commissioners to meet representatives who would be insuring the bond and who might be rating our bond in the future. Mayor Dabbs added that the meeting with Moody's went very well, and that they were impressed with our presentation, our documentation, and our potential for growth. Buford Blizzard, 706 East Lakeshore Drive, stated that some of the citizens of Sleepy Harbor had received letters about boats in yards, boats on driveways, and commercial vehicles. He asked why boats are not allowed and what constitutes a commercial vehicle. City Manager Shapiro responded that Commissioner Johnson had sent a memo asking the staff to look into that whole ordinance and to report back to the Commission in two weeks. PUBLIC HEARINGS The Oaks at Starke Lake - Preliminary Engineering Planning Director Behrens read the Staff Report recommending approving the concept of the Preliminary Engineering Plans for the proposed development, subject to annexation and zoning. Following annexation and zoning approval, Preliminary Engineering will be re-presented to the City Commission along with Final Engineering for review and final action. The public hearing was opened, and City Attorney Rosenthal explained that this parcel was before Commission for conceptual approval only as it was to be considered for annexation and zoning later this year. Buford Blizzard asked what area had been set aside for drainage to protect the lake as he believes this is part of the spring area. Neal Hiler, 401 South Rosalind Avenue, Orlando, the project engineer with The Civil Design Group, explained that three retention areas would contain storm water runoff equivalent to a 25 year-96 hour storm. The rate of discharge should be the same or less than it was before development. Mayor Dabbs questioned the 1980 date on the plan, and Mr. Rosenthal explained that was the date of the legal description, the survey date was August, 1990. Commissioner Combs, seconded by Commissioner Johnson, moved to approve the concept of the Preliminary Engineering Plans as recommended by Mr. Behrens in the Staff Report. The motion was unanimously approved. Mr. Rosenthal reminded the developers that Senior Planner Harper needed the legal description for the two zonings if they had not already been provided. Page 3 Ocoee City Commission Regular Meeting ~ October 16, 1990 OTHER BUSINESS '-' ~ DISCUSSION AND APPROVAL OF CONTRACTS - CLARK ROAD DESIGN City Engineer/Utilities Director Shira explained that Exhibits B, C, D, and E which had just been provided to the Commissioners addressed fee estimates, per diem costs, a rate schedule, and a completion schedule. The three contracts provide for GAI Southeast, civil Design Group, and Greiner to do the design work for three different segments of Clark Road. We have reached agreement on lump sums with all three. The amount on the GAl contract should be changed on page 2, Item A from $143,200 to $138,790. City Manager Shapiro pointed out that negotiations had resulted in reduction of fees of well over $130,000. Mayor Dabbs noted that the engineer assumptions were the same in all three contracts with the exception of an additional paragraph on the Greiner contract. Mr. Shira explained that the "assumptions" were the same because PEC had compiled comments from all three firms into one document. The additional paragraph on 800-2 should have been in all three contracts. Mr. Shira read for the record the paragraph which should be added to the GAI and Civil Design Group contracts: "The GEC (GAI/Civil Design Group) will prepare right-of-way plans, descriptions, and parcel sketches as necessary for the project. The section Engineer will provide right-of-way information pertaining to pond limits in the form of stationing and offsets. The section Engineer will not prepare any right-of- way calculations nor will it be responsible for the accuracy and completeness of the right-of-way documents. This responsibility rests solely with the GEC (GAI/Civil design Group).n Commissioner Woodson asked if the utilities would be underground. Mr. Shapiro replied that electric utilities would be above ground due to the increased cost of underground placement per Florida Power Corporation. Mr. Woodson explained that he had learned at recent seminars that it would be cheaper in the long term to place electric lines underground. He cited increased safety for motorists, reduced risks for electrical strikes, hurricane resistance, and concerns that radiation from overhead power lines may cause cancer in humans in support for underground placement. Mr. Shapiro explained that, while all of Mr. Woodson's points were right, we would have to pay the amount Florida Power charged, and the bond issue had been costed out with above ground lines. City Attorney Rosenthal explained that he had looked at the Lake Mary lawsuit on this issue, and that within two years the power company may be required to provide underground utilities to municipalities at no additional cost. He stated further that if we placed the lines underground and the lawsuit comes out negatively, we would not be in a good position financially. Commissioner Combs moved to approve the Clark Road Design contracts with the corrections, Page 4 Ocoee City Commission Regular Meeting \..... October 16, 1990 Commissioner Foster seconded, and the motion carried with a unanimous vote in favor. AMENDMENT TO LAND USE PLAN - PRAIRIE LAKE PUD City Manager Shapiro asked that this item be pulled as Attorney had found some legal process changes required. will be brought back later in the year. the City The item RESOLUTION NO. 90-19, AUTHORIZING THE ZEROING OUT OF ALL EXPENDITURES FOR THE FISCAL YEAR 89-90 Acting Finance Director Gianitsis explained that in keeping with accepted general accounting standards and zero budgeting procedures, expenditure account balances are to be zeroed out and the net change posted to the contingency account in each fund. Commissioner Foster moved to adopt Resolution 90-19, Commissioner Johnson seconded, and the motion was unanimously approved. ~ DISCUSSION OF STATUS OF ERC PAYMENTS - WINGFIELD/BELMERE City Manager Shapiro explained that Wingfield Development Company (Belmere) had requested two modifications from their sewer service agreement in an October 8, 1990 letter. They wished to purchase 30 ERU's instead of 70 on October 1, 1990 and October 1, 1991 and postpone draw down of the 80 ERU's difference to October 1, 1993. They would like to pay $2,500/ERU throughout the agreement instead of the prevailing rate in each year of draw down. Mr. Shapiro recommended denial of their requests. Commissioner Johnson commented that they had caused their own problem when they had changed their density when they went back to the County. Commissioner Johnson moved to deny their request to modify their agreement, Commissioner Combs seconded, and the motion carried with a unanimous vote in favor. PLANNING & ZONING COMMISSION RECOMMENDATION RE: ANNEXATIONS OUTSIDE JOINT PLANNING AREA City Manager Shapiro explained that the Planning and Zoning Commission/Staff recommendation for amending our joint planning area was brought to the Commission for their direction. Mr. Shapiro asked Planning Director Behrens to discuss each area under consideration for annexation outside the current planning area along with the reason why. Mr. Behrens deferred to City Attorney Rosenthal. Mr. Rosenthal explained the current status of the Joint Planning Area agreement with Orange County from a legal standpoint. First, the agreement provides that nothing in the agreement in any way inhibits or limits the right of the City to annex any desired lands. It would be unlawful for the City to contracturally agree to give away a right granted by the legislature which is the City's right to annex under the '-'" Page 5 Ocoee City Commission Regular Meeting October 16, 1990 '-' circumstances set forth either by voluntary petition or with a referendum. Second, should the City choose to annex lands outside the joint planning area, those lands are not within the scope of any provision addressed in the City's agreement with Orange County, as that agreement only addresses lands within the joint planning area. In annexing outside the area the agreement is not legally relevant though it may be morally or ethically relevant in terms of discussions you may have had with the County. The proposed agreement contemplated upon execution that future areas of annexation would be jointly planned by both the City and the County, and that a comprehensive plan would be adopted by both governmental bodies. The plan which was contemplated has never been jointly enacted. The result from a legal standpoint is that each entity will put the other on notice in terms of annexations before taking action. The Board of City Commissioners is entitled to ask the County to amend the agreement to add additional lands and to work with them on a joint planning area. And in Mr. Rosenthal's opinion, the Commission is also authorized to choose to annex lands outside of that joint planning area. City Manager Shapiro then addressed the moral/ethical aspect of the issue. Even though we have asked the County to meet with us to discuss the annexation of these areas, and for fourteen months we have talked about the KenJen property, the County does not ~ recommend the annexation of that parcel because it is not in our planning area. They have taken this position ignoring the fact that the owner is willing to give us the right-of-way for Clark Road if annexed, but if not annexed we will have to pay the full cost of the right-of-way. Mr. Shapiro said that the spravfields, which we own and wish to develop as a golf course, are contiguous to the City at a corner. Again, the County has recommended against this annexation because it is outside our planning area. The third site under consideration is Mr. West's property Apopka. This large piece of valuable land is contiguous, an area which had been expected to be in the City at some This parcel has also been discussed with the County. 2n. Lake and is point. On a moral basis, however, there are other properties that were part of the annexation process for which denial was recommended because we had not talked to the County about them. Mr. Shapiro recommended that a special meeting between the Planning and Zoning Commission and the City Commission be scheduled on November 17th at 4:00 P.M. to attempt to work out final boundaries before approaching the County again to workout the future of the urban '-" '-" ~ ~ Page 6 Ocoee City Commission Regular Meeting October 16, 1990 area of West Orange County. Utility requirements need to be determined so that a good comprehensive plan can be prepared for the next thirty or forty years. . not just for ten years. And that is really the morality of the issue. Planning Director Behrens pointed out on the map the three sites under discussion - the West property, the sprayfields, and the KenJen property and noted the proposed amended planning area. Commissioner Combs recalled past discussion of the West property as a major recreational site for the City. Also, he would like to see the sprayfield utilized to make money for the City. He concurred with Mr. Shapiro on the KenJen property, and agreed with all Mr. Shapiro's comments. Commissioner Foster asked if the Commission approved this recommendation of the Planning Department if the legal notification requirement would be met. Attorney Rosenthal replied that the Planning Department would then reinitiate discussion with the County to try to accomplish an amendment to the agreement. Mr. Shapiro emphasized that we are not attempting to go to war with Orange County, but rather we are going to try in every way possible to continue to cooperate in the appropriate planning levels necessary to make West Orange County as good a place to live as possible. However, matters that have become high priority for us cannot get through the County process or cannot be answered as quickly as we need. Mr. Foster asked Mr. Shapiro if he anticipated any problem with the County with regards to the annexations. Mr. Shapiro replied that he expected no problem unless they questioned the legality of the annexation or its process. Mr. Rosenthal said that a county representative present at the Planning and Zoning Commission meeting had raised some objections, but would make recommendations on other petitions following additional study. The county representative will have an opportunity to appear before the City Commission when the annexation ordinances are considered. Mr. Behrens added that a county staff member had said that it was their basic policy to object to any annexation petition that lay outside of the joint planning area. They requested that a formal written request be made to them to modify the joint planning area for any land that was being considered for annexation. Commissioner Foster moved to authorize the Planning Director and the City Manager to address a letter to the County requesting expansion of the joint planning area as outlined on the attached map, Commissioner Combs seconded. In further discussion Mayor Dabbs stated that he is not entirely convinced that the time is right for the West property. He had spoken with the candidates for county chairmanship with regard to KenJen and the sprayfield. He said that because things are so political in the County, he personally thought that action on this particular piece of property would exacerbate rather than improve Page 7 Ocoee City Commission Regular Meeting \..,.. October 16, 1990 the situation. The motion carried with a vote of four to one in favor. Mayor Dabbs voted against the motion. STAFF REPORTS None. COMMENTS FROM COMMISSIONERS Commissioner Foster - None. Commissioner Johnson - None. ~ Commissioner Woodson 1} Reported a request to slow the traffic Star/Johio Road intersection. The consensus was should be written requesting the state to reduce from 50 miles per hour to 40 miles per hour. 2) Said that employees who had been here 5, 10, 15, and 20 years had not received tokens of recogn~tion due to changes in staff or the rules so he moved that City of Ocoee watches be given to all employees who had been with the City for five or more years. Commissioner Foster seconded, and approval was unanimous in favor. 3) As the Commission had voted to rename Clark Road to Ocoee Boulevard, he asked that the names of other streets in the area be named for Clark, Griffin, and Pounds. 4) Urged use of hats and bumper stickers in support of a "Yes" vote on Amendment 3. at the that a the speed Silver letter there Commissioner Combs - None. Mayor Dabbs stated that he had received half a dozen calls regarding the changing of Clark Road to Ocoee Boulevard. If he had realized that Clark Road had been named for Arthur M. Clark, a graduate of Stetson, former county commissioner, and citrus pioneer, he would not have voted to change the name. He asked if we could ameliorate the action in some way. Attorney Rosenthal stated that the Commission had not legally changed the name of Clark Road, as a name change requires a more formalized procedure. ADJOURNMENT The meeting adjourned at 8:45 P.M.. /vi ~O-AJ J~ Marian Green, Deputy City Clerk r Attest: ""