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HomeMy WebLinkAbout08-21-90 MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD AUGUST 21, 1990 ....... The regular meeting called to order by chambers. Following pledge of allegiance, quorum present. of the Ocoee Board of City Commissioners was Mayor Dabbs at 7:32 p.m. in the commission the prayer by Commissioner Foster and the Mayor Dabbs called the roll and declared a PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Engineer/Utilities Director Shira, Planning Director Behrens, Building Official Flippen, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS In the interest of promoting PTA/PTSA membership, proclaimed September to be PTA Membership Month in Ocoee. Mayor Dabbs the City of "-" West Orange YMCA Requests Community Assistance Mrs. Lynette Vermillion, Mr. John Rinehart, and Mr. Bo McDonald requested funds for the proposed $550,000 expansion of the West Orange YMCA and explained the benefits for Ocoee, pointing out that there would be quality programs year round for all ages, after school busing provided, and also that there are scholarships available. There was some discussion about using the City's recreation center and community center to expand the services also. City Manager Shapiro advised that there were funds available in the contingency fund. Commissioner Combs, seconded by Commissioner Johnson, moved to give $1,500 per year for three years. Motion carried with unanimous vote in favor. CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, and D. ~ Acceptance and Approval of Minutes of Commission Regular Meeting of Auqust ~ 1990 ~ Acceptance and Authorization to Appeal Order Denying Motion to Dismiss Amended Complaint: City of Ocoee ~ Stucki Case No. CI 89-9604 C. Planninq and Zoning Board Member Reappointments: Gerald Weeks to Auqust 1993, Mickey Shiver and Harold Switzer to September 1993 ~ Code Enforcement Board Member Reappointment: Gary Carroll to August 1993 Commissioner Foster, seconded by Commissioner Combs, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. " \.r Page 2 Ocoee City Commission Regular Meeting August 21, 1990 SECOND READINGS AND PUBLIC HEARINGS Ordinance No. 90-17, relating to occupational license taxes, amending sections 13 and 14 to substitute Building Department for City Clerk, relating to the issuance of license tax certificates and notice to City departments, relating to regulatory licenses, relating to a legend to be placed on each occupational license, was presented by title for the second reading and public hearing. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Ordinance No. 90-17. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-18, providing for review of zoning applications by the Planning Director, providing that notice of certain public hearings before the Planning and Zoning Commission be posted on property was presented by title for the second reading and public hearing. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Ordinance No. 90-18. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor ~ Dabbs "aye." Motion carried. Award of Bid for Commercial Garbage Franchise City Manager Shapiro explained that the City Charter requires advertising four consecutive weeks before awarding a franchise, but that after this requirement had been met, Public Works Director Brenner learned that he could not be present for this meeting. Mr. Shapiro said also that the bidders have been advised regarding this and he requested that both the public hearing and presentation for this item be continued to September 4, 1990. The public hearing was opened. As there was no one wishing to speak at this time, Commissioner Combs moved to continue the public hearing on the award of the commercial garbage and refuse franchise to the September 4 commission meeting. Commissioner Woodson seconded and motion carried with unanimous vote in favor. OTHER BUSINESS Status Report on Clark Road Right-of-Way Acquisition City Attorney Rosenthal reported that negotiations with the landowners, both within the corporate limits and in unincorporated Orange County, had been underway since Professional Engineering Consultants established the right-of-way corridor for Clark Road. Developer agreements and amendments to existing agreements were necessary in order to coordinate the development of the roadway and most of those are presented for Commission consideration on ~ Page 3 Ocoee City Commission Regular Meeting ~ August 21, 1990 ~ '-" this agenda. Of the eleven landowners outside the City, two have agreed to annex into the City and contribute the needed right-of- way, two have agreed to enter into agreements providing for the donation of the right-of-way, discussions are continuing with three owners, two have rejected the City's proposal to donate the right-of-way, one owner has not responded to the proposal and one owner (of a small residence) is not inclined to either annex or donate the right-of-way. Should the efforts to obtain the donation and/or voluntary sale of the remaining parcels fail, acquisition by eminent domain may be in order. The Orange County Commission has adopted a resolution supporting the Clark Road project and authorizing the use of eminent domain powers to acquire the right- of-way in unincorporated Orange County. The Pease/Ross family is still undecided. City Attorney Rosenthal summarized the provisions that were included in each agreement: 1. Developer will donate the Clark Road right-of-way to the City without receiving any transportation impact fee credit; 2. Some of the agreements involve contribution of retention ponds and those parcels do involve either road impact fee credits or park impact fee credits; 3. The City is contractually obligating itself to develop Clark Road; 4. No special assessment district will be created among the property owners within the vicinity of Clark Road; 5. No special transportation impact fee district including only the Clark Road owners; 6. Developers can utilize the contractors already City in the design and construction of Clark Road expense) in the design and construction of the deceleration lanes or medians through the use of with the City's contract with the contractors; 7. The City will pay the recording fees; 8. A temporary non-exclusive construction easement conveyed to the City; 9. The term of the agreements will be the earlier of three years or the completion of the project; 10. The City will be responsible to repair or replace any damage done to the property in the temporary easement properties; 11. The City will not delay the issuance of building permits, certificates of completion, certificates of occupancy, or plat approvals because of our use of the temporary easements. engaged by the (at their own acceleration- change orders must be Approval of Developer Agreements Amendment to Development Agreement by Lake Lotta, Ltd., Contract No. D88-10(Clark Road Parcel Numbers 104, 105, 106 and 111) City Attorney Rosenthal pointed out that an error had been Page 5 Ocoee City Commission Regular Meeting ~ August 21, 1990 ~ '-" Commissioner Combs, moved to approve the Development Agreement (Candlewood Shores/Waterside) with Frances Scheller Kuhn, Skylark Ventures, Ltd., and SUMAC Partners (Clark Road Parcel Number 128), authorizing execution thereof by the Mayor and City Clerk. Motion carried with unanimous vote in favor. Amendment to Development Agreement by BML Investments, PRN Investments, J.D. Feinstein as Trustee of the Robert William Feinstein Trust, J.D. Feinstein as Trustee of the Shari Lynn Feinstein Trust; and J.D. Feinstein, as Trustee of the Leslie Anne Feinstein Trust (Spring Lake) (Clark Road Parcel Numbers 129, 129-A, 130, and 136) City Attorney Rosenthal explained that not all the signatures are in but are expected by the end of the week as Mr. Rossman is out of town. This agreement, as well as the Lake Lotta Agreement, is contingent upon the City's closing on the Bonds by the end of this year. Commissioner Johnson, seconded by Commissioner Combs, moved to approve the Amendment to Development Agreement with BML Investments, PRN Investments, and J.D. Feinstein, as Trustee (Clark Road Parcel Numbers 129, 129-A, 130 and 136), authorizing execution thereof by the Mayor and City Clerk. Motion carried with unanimous vote in favor. Developer Agreement with Mary Basmajian, Marilyn Ozanian, Gary Dostourian, Mangala Charan Khalsa, and Lori Dostourian (Clark Road Parcel Number 101) City Attorney Rosenthal pointed out that the document was fully executed but a witness signature is missing (which does not affect the legality of the document). Mr. Rosenthal stated further that there is nothing in this agreement that controls the disposition of later petitions to annex and zone this property, that this is a real developer's agreement and is not contract zoning. However, if at a later date the property is annexed and zoned, approval tonight of the conceptual site plan contractually obligates the City to grant approvals consistent with this conceptual site plan. Mayor Dabbs noted for the record that Parcel 1 of the conceptual plan shows 525 parking spaces and he only finds 517. Commissioner Combs, seconded by Commissioner Foster, moved to approve the Developer Agreement with Mary Basmajian, Marilyn Ozanian, Gary Dostourian, Mangala Char an Khalsa, and Lori Dostourian with respect to Clark Road Parcel 101, authorizing the execution thereof by the Mayor and City Clerk. Development Agreement by Whitehill Group, Ltd. (Clark Road Parcel Numbers 110, 115, and 116) City Attorney Rosenthal advised that the preliminary engineering plan of this development showed a retention pond which, by digging it a little deeper, could be used by the City without using any developable land. In exchange for the use of this area for a pond Page 6 Ocoee City Commission Regular Meeting '-" August 21, 1990 the City is giving a road impact fee credit of $12,500 and the City will maintain the pond. The agreement further provides that, subject to certain timing considerations, either the City or the Developer may construct the retention pond and keep the fill material. Commissioner Johnson, seconded by Commissioner Foster, moved to approve the Development Agreement with Whitehill Group, Ltd. , (Clark Road Parcel Numbers 110, 115, and 116), authorizing execution thereof by the Mayor and City Clerk. Motion carried with unanimous vote in favor. '-"' Amendment to Developer Agreements by Louis Geys, Wescar, Inc., and Lake Olympia Club. (Clark Road Parcel Numbers 121 and 123) City Attorney Rosenthal advised that this one is not signed yet but it will be. The Wescar agreement has nothing to do with Clark Road but Mr. Geys asked that all his properties be involved with the agreement and covered by his contribution of the right-of- way in satisfaction of the requirement. The timing has been changed for the contributions for signalization so that it is the same as Silver Glen Property. Commissioner Combs, seconded by Commissioner Johnson, moved to approve the Amendment to Developer Agreements with Louis Geys, Wescar, Inc. and Lake Olympia Club (Clark Road Parcel No. 121 and 123), authorizing execution thereof by the Mayor and City Clerk. Motion carried with unanimous vote in favor. Developer Agreement by John H. Worsham, Jr., and Mary G. Worsham (Clark Road Parcel Numbers 102 and 103) City Attorney Rosenthal noted that this agreement has been signed and the developer is contractually obligated to annex and will be requesting C-2 zoning. A conceptual site plan was provided for consideration on this parcel. This site plan provides the curb cuts required which helps the design of the roadway to meet minimum DOT requirements. The agreement includes a reimbursement to the developer of a flat sum of $15,000 for their out-of-pocket expense upon conveyance of the property. City Manager Shapiro explained that this expense was for the feasibility study and in the City's interest to have it done. City Attorney Rosenthal added that the plan is Exhibit E to the agreement. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt the Developer Agreement with John Worsham, Jr. and Mary G. Worsham with respect to Clark Road Parcel Nos. 102 and 103, authorizing the execution thereof by the Mayor and City Clerk. Motion carried with unanimous vote in favor. RECESS FROM 9:02 P.M. TO 9:14 P.M. "'-" Page 7 Ocoee City Commission Regular Meeting ~ August 21, 1990 PUBLIC HEARING Clark Road Bond Issue-$7,000,OOO Transportation Refunding and Improvement Revenue Bonds, Series 1990 The public hearing was opened and City Manager Shapiro advised that the entire team for the bond issue was present and he introduced first Mr. Bob Campbell, Professional Engineering Consultants. Mr. Campbell gave the history of the alignment of Clark Road over the last two and a half years and described the portion under consideration to be 2.5 miles of four lane divided highway reaching from Highway 50 to A.D. Mims Road, with a raised grass median, enclosed urban drain system and 5' sidewalks on both sides. Mr. Campbell described also the modifying of the East-West Expressway off-ramps and signals to accommodate the Clark Road traffic, as well as the access to/from White Road and Silver Star Road. The construction cost of the road plus 6% inflation factor until next August plus 10% contingency fee brings the construction cost to $4,500,000, the attendant engineering design services, construction engineering inspections will be $700,000, and the right-of-way costs $1,740,000, totaling $6,930,000. City Attorney Rosenthal advised that he has provided the City with an opinion that the current design of the project meets DOT standards for the issuance of a DOT connection permit. Mr. Stanley Cohen, with Rachlin & Cohen, said that Susan McGary, ~ representing William R. Hough & Co., Mr. Mike Williams, representing Honigman Miller Schwartz and Cohn, and Mr. Randy Hanna, representing Bryant Miller and Olive, have been in conference for some time and have concluded that: 1) the project is needed as it is a vital part of the transportation facilities, 2) $7,000,000 is an appropriate amount in order to defease the outstanding bond debt without paying prepayment penalties, to pay the cost of the issuance of the bonds and to finance the improvements to Clark Road, 3) the City will pay for the bonds by pledging the Local Option Gas Tax and the Public Service Utility Tax with the Local Option Gas Tax taking over completely when possible, 4) the cost of producing the bonds is estimated at 5.2% which is a savings over the usual 6% usually budgeted, 5) in order to achieve the least possible interest on the indebtedness, the bonds are insured by MBIA and the interest rate should be 7.165%, 6) the bonds should go to market the day after Labor Day and after a lot of paper work the closing will be September 26 & 27 in New York City. Mr. Gordon Arkin, Foley & Lardner, referred to a 3 page memo provided and described the documents in the packet, explaining that the purpose of this bond issue is to refund the 1987 bonds and to finance the 1990 project on Clark Road, that the refunding of the 1987 bonds is recommended in order to allow the City to lengthen the amortization to more closely match the life of the ~ improvements financed with the proceeds of those bonds. The - Page 8 Ocoee City Commission Regular Meeting ~ August 21, 1990 .'--' .......... collateral of the bonds is pledged revenues (Local Option Gas Tax, the Public Service Taxes, the Debt Service Fund and the Construction Fund established by the Bond Resolution). An important covenant in the bond resolution is that it will obligate the City to proceed with diligence and in good faith to commence and complete construction of the Clark Road improvements. Mr. Arkin explained further that the actual sale of the bonds will be authorized by an award resolution to be adopted by the City prior to the issuance of the 1990 bonds, and the date for that is tentatively scheduled for September 5. Mr. Arkin advised that the next step is to adopt Resolution No. 90-08, the Bond Resolution and Resolution 90-09, the Official Action Resolution. Approval of Resolution No. 90-08, "Authorizing the refunding of certain presently outstanding obligations of the City of Ocoee, Florida; authorizing the acquisition of rights-of-way, design, construction, paving and improvement of certain streets and intersections within and without the city limits of the City of Ocoee, Florida; authorizing the issuance of not exceeding $7,000,000 Transportation Refunding and Improvement Revenue Bonds of the City to be applied to refund the principal, interest, and redemption premium, if any, in respect to such presently outstanding obligations and to finance the cost of such project; pledging revenues derived from the Local Option Gas Tax, the Public Service Taxes and certain investment earnings for the payment of said bonds; further pledging amounts on deposit in the Debt Service Fund and the Construction Fund created pursuant to this resolution; providing for the release and extinguishment of the lien on such Public Service Taxes; making certain covenants and agreements in connection therewith; providing for the severability in invalid provisions; providing for the repeal of any resolutions in conflict with the provisions of this resolution; providing certain other matters in connection therewith; and providing an effective date." was presented by title. City Attorney Rosenthal noted that the consideration of this resolution has been properly advertised. Mr. Ben Griffin, 345 S. Lakeshore Drive, Ocoee, spoke against the bond issue, saying that the City defaulted on the bond issue of 1925 and did not pay until 1955, which caused citizens of Ocoee to be unable to get a mortgage. The matter was not settled until 1977 and most of those lots remain vacant. Mr. Griffin felt that the City should get a bank loan for needed funds, and should wait until population reaches 17,000 and let the County pave Clark Road as most of that area is in the County. City Manager Shapiro advised that the bank interest would have cost more than the $500,000 cost of the bond issue. Mr. Cohen explained that the bank interest rate starts at 72% of prime but a bank will not commit ~ Page 9 Ocoee City Commission Regular Meeting August 21, 1990 for any length of time. Mr. Cohen pointed out also that no ad valorem tax will be pledged to this indebtedness and, unless there is a major calamity, housing will continue. City Manager Shapiro noted also that the 1985 infrastructure rules require that the City have the roads in place for anticipated growth and that our police have to deal with the accidents on overcrowded roads. Mayor Dabbs pointed out that most of the road is either already in the City or is scheduled to be annexed. As no one else wished to speak the public hearing was closed. Commissioner Foster, seconded by Commissioner Woodson, moved to adopt Resolution No. 90-08 and to authorize execution thereof by the Mayor and City Clerk. Motion carried with unanimous vote in favor. Approval of Resolution No. 90-09, "authorizing the City Manager to deem final the Preliminary Official Statement with respect to the City's Transportation Refunding and Improvement Revenue Bonds, Series 1990; and providing an effective date." was presented by title. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Resolution No. 90-09 and to authorize execution by the Mayor and City Clerk. Motion carried with unanimous vote in favor. '-r RECESS FROM 10:08 P.M. TO 10:21 P.M. Consideration of Case No. 1-5SE-90:Johnson - Request for Special Exception for a Used Car and Truck Sales Lot in C-2 Zone for Johnson Property, 2373 S.R. 50 (Formerly Oriental Restaurant) Planning Director Behrens explained that there is a title dispute over the northerly 28' of the subject parcel and so that portion of the parcel should be exempted from this action until that is settled. Staff recommendation is that the request be granted, taking into account the above exemption and subject to applicant's submission of a site development plan (approved by the Building Official as to Ocoee Development Code provisions). Commissioner Johnson, seconded by Commissioner Woodson, moved to accept staff recommendation and approve Case No. 1-SE-90:Johnson with the provisions stated above. Motion carried with unanimous vote in favor. Commissioner Johnson noted for the record that he is not related to the Mr. Johnson who is making the request. '-' Consideration of Case No. 1-6SE-90:Goins Request for Special Exception for Child Care and Day Nursery Facility in a C-2 Zone (Good Homes Road Plaza) Planning Director Behrens explained that this request is for a child care center within the shopping center (Good Homes Road Plaza) and recommended approval, noting that a fence will be required. Commissioner Woodson, seconded by Commissioner Foster, moved to accept staff recommendation and approve the request for special exception in Case No. 1-6SE-90:Goins. Motion carried with unanimous vote in favor. Page 10 Ocoee City Commission Regular Meeting ~ August 21, 1990 Consideration of Case No. 1-8SE-90:St.Paul Request for Special Exception for a Church Sanctuary and Accompanying Buildings in a R-3 Zone for St. Paul Presbyterian Church Planning Director Behrens advised that St. Paul Presbyterian is planning a 2,000 seat auditorium and accompanying buildings and that the site appears to be well suited to the request. Staff recommends approval. Commissioner Combs asked if they had received something in writing from the condos giving permission to use their road. City Attorney Rosenthal advised that prior to site plan approval a recorded instrument authorizing their use of the road should be obtained. Commissioner Combs, seconded by Commissioner Woodson, moved to approve the request in Case No. 1- 8SE-90:St.Paul. Motion carried with unanimous vote in favor. '-" Consideration and Discussion - Amendment to City Pension Plan re: City Manager City Manager Shapiro explained that in the beginning of his employment here he had requested to be not included in the City's regular pension program but rather that he be allowed to continue with ICMA pension program. The required information in order for Commission to finalize this action is now available, but the required resolution will be on the September 4 agenda. The study received shows that there was never anything included for City Manager in the current pension plan. Commissioner Johnson, seconded by Commissioner Combs, moved to amend the City of Ocoee Defined Benefit Pension Plan and Trust to exclude the position of City Manager from the plan. Motion carried with unanimous vote in favor. Authorization of Personnel Participation in Deferred Plan Mrs. Yolanda Miller, ICMA Retirement Corporation, 550 N. Rio, Tampa, said that ICMA Corporation is a non-profit organization started in 1972, now has 1.5 billion dollars under administration, and has over 4,000 employers participating in the program, and over 80,000 participants. Deferred compensation gives employees an opportunity to voluntarily supplement retirement dollars. Mrs. Miller described the funds available and explained that there are no fees or charges to the employer as each participant pays $18.00 per year account maintenance fee in addition to 1% account management fee which is charged net. No action was taken at this time regarding this. Consideration of Pension Dollars for City Manager's First Seventeen Months Employment Period City Manager Shapiro stated that during preliminary discussions an agreement was reached that his retirement benefit would be 8% of his salary and, as nothing has been set aside to date pending this action with ICMA, he requests a cash settlement equal to 5% of his salary to the end of August ($3,772.69). Commissioner ~ Johnson, seconded by Commission Combs, moved to approve the Page 11 Ocoee City Commission Regular Meeting ~ August 21, 1990 request based on the employment agreement of 5% in lieu of the previously agreed upon pension contribution. Motion carried with unanimous vote in favor. City Manager Shapiro advised that he is willing to settle for 8% retirement and asked that the City Attorney be directed to prepare the paperwork and amend the contract to that amount and present it on the next agenda along with authorization for the rest of the employees to voluntarily join and contribute on their own. Mayor Dabbs directed City Attorney Rosenthal to prepare the papers as requested. First Reading of Ordinance-Second Reading and Public Hearing Scheduled for September 4, 1990 Ordinance No. 90-19, "relating to intersection separation; amending Section 6.3.8 of Article VI of Appendix B regarding intersection separation; providing for severability; providing an effective date." was presented by title for the first reading. STAFF REPORTS There were no staff reports. '-' COMMENTS FROM COMMISSIONERS Commissioner Woodson asked Attorney Rosenthal advised Washington. about the postal matter and that he is waiting on a report City from Commissioner Combs had no comments at this time. Commissioner Foster said that the big hand is on the 0 in Ocoee so it must be time to go home. Commissioner Johnson had no comments at this time. Mayor Dabbs had no comments at this time. ADJOURNMENT The meeting adjourned at 10:56 p.m. At Je ........