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HomeMy WebLinkAbout08-04-87 MINUTES OF CITY COMMISSION MEETING HELD ON AUGUST 4, 1987 - Mayor Ison called the meeting Commissioner Dabbs led in prayer, pledge of allegiance to the ~lag. to order at 7:46 P.M.. and the Mayor led in the PRESENT: Mayor Ison, Commissioners Johnson, Dabbs, Bateman, and Hager; City Manager Ryan, City Attorney Kruppenbacher, Acting City Attorney Drew Thomas, City Clerk Catron, Planning Director Wagner, Public Works Director Occhiuzzo, City Engineer Merkel, Water Superintendent Cockrell, Assistant Planner Rivera, and Deputy Clerk Green. Note: Attorney Kruppenbacher left at 11:30 P.M. zor a ~amily emergency. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS e Buddy Elmore, Superintendent of the Street Department, reported that the August 2nd Fishing Tournament/Barbeque had been a great success with sixty-five boats entered and $1860.00 raised for the Curtis Richards Fund. Mr. Elmore presented the check for the proceeds to Curtis' father, Dean Richards, and Mr. Richards expressed the family's thanks for the support of the community. Mayor Ison commented that the event had been well-organized, and that thirty-nine commercial sponsors from West Orange County had participated. City Manager Ryan reported that the Softball Game had raised $500.00 for Curtis, and he encouraged additional contributions ~or the Curtis Richards' Fund at Orange Bank. Mayor Ison announced that Ocoee was hosting the Little League State Tournament this week. The games had begun on Monday, August 3rd, and might continue through Friday, August 7th. As a member of the Board for Little League, Mayor loon presented a plaque to the City of Ocoee in appreciation for the valuable support of the Commission, the Recreation Department and the Street Department. There was a similar plaque for the Mayor. APPROVALS - CONSENT AGENDA e Commissioner Dabbs asked that Item "C" be pulled from the Consent Agenda for discussion. Commissioner Bateman moved to approve all other items on the Consent Agenda, Commissioner Johnson seconded, and approval was unanimous. Items approved were: A - Regular Commission Meeting Minutes o~ 7-21-87; B - Reappointment of Marvin Sanders to P & Z (3 year term); D- Proposed Ordinance, Amending Parking Fine Ordinance, City Attorney; E - Proposed Ordinance, Amending Code Enforcement Board Ordinance, City Attorney; and F - Workshop Commission Meeting Minutes of 7-21-87. 1 . Page 2 Ci~y Commission Meeting August 4, 1987 In discussion of Item "C", a proposed ordinance for increasing Commission compensation, Commissioner Dabbs explained his philosophical disposition against the increase. He had found the current Commission compensation of $100.00 per month adequate to defray the costs of his political activities, and expressed his belief that public servants should not be paid for public service. City Manager Ryan explained that the compensations indicated in the ordinance were commensurate with those of other cities the size of Ocoee. The ordinance would not affect anyone currently holding office. Commissioner Bateman moved to approve the Proposed Ordinance, Increasing Commission Compensation, and Commissioner Hager seconded. Commissioners Johnson, Bateman, and Hager voted "aye", and Commissioner Dabbs voted "no". The motion carried three to one. City Manager Ryan read the proposed ordinances in Items C, D, and E, by title only. Mayor leon stated that the public hearing and second reading for the proposed ordinances would be held on September 1st. OLD 8USINESS e Spec1el S~eff Repor~. Ci~y Engineer - Tom Kelley In the absence of City Engineer Kelley who was on vacation, City Engineer Merkel stated that he had nothing specific to address, and that their firm was proceeding with the Bowness Road, Starke Lake Storm Drainage, and other proJects discussed at the last meeting. Public Hearing Ceble TV Service Provided by Frenchi.e Mayor Ison explained that this public hearing had been scheduled by the Commission to provide concerned citizens an opportunity to confront ofIicials of Cablevision Industries with their complaints about the quality of the company's service. Joe Taylor, the Regional Manager of Cablevision Industries for the State of Florida, stated, in response to the Mayor's question, that Alan Gerry was the owner of the Florida corporation with its headquarters in Deland. Mayor Ison and Commissioner Bateman explained that resident complaints about the company's poor service and inadequate phone system had continued to increase. Larry Topping, general manager of Cablevision Industries, had indicated at the April 7th Commission Meeting that the installation of four and one-half miles of cable should dramatically improve reception, and the installation of a new phone system should solve the phone problems. Commissioner Bateman said the service had gotten worse while the cost for the service had increased. e Mayor Ison explained that the City could not regulate rates 2 e Peg. 3 Ci~y Commi..ion M..~ing Augu.~ 4, 1987 or the licensing of cablevision companies, but that it would have the power to revoke or award multiple franchises. He expressed his belief that the Commission was ready to revoke the franchise of Cablevision Industries for non-performance to subscribers, and because subscribers were unable to contact the company. Mr. Taylor explained that a new phone system had been selected, and would be installed soon. He said that a plan for an improved system could be provided within ten days, and a plan for improved service would be displayed at the August 18th Commission Meeting. e Residents complained about poor reception, extended periods of interrupted service, inability to contact the company by phone, repair service delays, failure of the company .to keep pace with the growth of the City, and billing problems. Several residents agreed that awarding a franchise to another cable company to provide competition might lead to improved service. Those residents who addressed the Commission included: Theresa SetJe, of 1615 Ison Lane, W. J. Overkleeft, of 9722 Pleasance Circle, Windermere, Jim Sargeant, of 1502 Ison Lane, Bill Breeze, 351 South Lakeshore Drive, Pat Buckles, 1506 Mona Avenue, Johnny Warren, #1 Lakeview Street, and Donald Ash. In further discussion, the Commissioners agreed they were tired of pious platitudes and promises of improved service, and were ready to begin the procedure necessary to lead to revocation of the Cablevision Industries, Inc. franchise. Commissioner Bateman moved to instruct the City Manager to take immediate action as necessary to initiate the revocation of Cablevision Industries, Inc. franchise effective on August 19, 1987, if the improvement plan presented on Tuesday, August 18th was unacceptable. Commissioner Johnson seconded, and the motion carried unanimously. City Manager Ryan explained that another public hearing would be scheduled for August 18th, and that he would consult with special legal counsel Drew Thomas to determine if the City had legal grounds to terminate the contract. Mayor Ison requested consideration at this time of (NEW BUSINESS), B. Item VI e Proposed Frenchiae for CebleVision of Central Florida City Manager Ryan explained that only one vendor had responded to the letters which had been sent inviting other cablevision companies to consider extending their service to the Ocoee area. He directed the Commissioners attention to correspondence from Cablevision of Central Florida dated May 12, 1987 and June 3, 1987, in which the firm had submitted a 3 . Poge 4 Ci~y Commi..ion M..~ing Augu.~ 4, 1987 proposal for a non-exclusive cable franchise to the City. The primary document of the proposal was a franchise enabling ordinance. Michael L. Shea, Vice President of Operations Support for CableVision of Central Florida, explained that his %irm was in an awkward position, but that he did appreciate the Commission~s action to respond to residents~ complaints. He explained that his firm had been in Central Florida for %ifteen years, now had 33 %ranchises in the Orange/Osceola County area, and with 240,000 subscribers in a five county region, was the largest provider of cable entertainment in Central Florida, and the second-largest provider in the State. CableVision of Central Florida was a wholly owned division of American Television and Communications Corporation. In 1986, ATC became a public company, and eighty percent 0% the outstanding and issued shares of ATC was still owned by Time Inc.. David Spencer, Vice President of Operations Central, was also present to answer questions ~or the Commissioners or residents. e In response to a question asked by R. P. Mohnacky, 1820 Prairie Lake Boulevard, Mr. Shea stated that C-Span would be included in their service, but that they had no plans to add C-Span II at this time. Pat Buckles asked i% Channel 56 would be available, and Mr. Shea responded that it was not their intention to add it at this time. Bill Overkleeft asked if their firm had any corporate association with Cablevision Industries, and Mr. Shea answered that it had no association with CI. Tom Slimmick" 408 E Lakeshore Drive, asked how long it would take to install their service where underground wire was in place. Mr. Shea responded that it would require a minimum 0% sixty days. Mayor Ison asked Mr. Shea how his %irm would resolve right- of-way issues involving another cable company. Mr. Shea explained that his firm had a multi-million dollar liability insurance as protection against damages. They would install a separate cable, housing, pedestal, and drop wire as those now in place would belong to the other cable company. It would be the responsibility of the resident to noti%y their current cable provider to discontinue service. Mr. Shea said it would take the company two months after franchise approval to start serving Ocoee residents. He did not know the length of time which would be required to provide service to 400 residents 0% the City. e Commissioner Bateman moved to approve for a first reading a proposed ordinance providing %or the issuance of a non- exclusive %ranchise to install, operate and maintain community antenna television systems, and Commissioner Dabbs 4 e Pege 5 City Commission M..~ing August 4, 1987 seconded. Commissioner Hager asked how many subscribers the company would need to move into this area. Mr. Shea answered that his company was not basing its decision to request a franchise for Ocoee on a set number of subscribers. Mayor Ison explained that the ordinance under consideration would not necessarily approve CableVision 0% Central Florida service. A question was called on the motion, and the motion was unanimously approved. City Manager Ryan read the proposed ordinance by title only. RECESS: 9:23 P.M. CALL TO ORDER: 9:50 P.M. PUBLIC HEARINGS AND SECOND READINGS COMPREHENSIVE PLAN AMENDMENTS & REZONINGS e Review/Discussion Ste~e & Local Agency Comments City Planning Director Wagner explained that this series constituted the first round in the adoption process and would satisfy the requirements %or comprehensive plan amendments and rezonings. He explained that the law permitted the Commission to adopt the ordinances/agreements as submitted, deny them, or modify them. The Commission must act on all the Plan Amendments, or de%er and readvertise them. Mr. Wagner commented that developer agreements for Items #11, #12, #13, and #17 had been omitted from the packets. The public hearing could be held for the rezoning ordinances under these items, but the hearings would be continued and action deferred to follow a third reading. Action should also be de%erred on the rezoning ordinance %or Item 9, as the preliminary master plan must be presented prior to rezoning a PUD. Mayor Ison noted %or the record correspondence concerning the proposed comprehensive plan amendments. The first was a letter received on July 29, 1987 from Woody Price, AICP, Director, Division of Resource Planning and Management for the State of Florida Department 0% Community Affairs. Also noted was a June 1, 1987, letter to Mr. Ralph K. Hook of the Division of Resource Planning and Management for the State from Cliff Guillet, Executive Director of the East Central Florida Regional Planning Council. A third letter noted was addressed to Mr. Hook %rom Edward Williams, Planning Director for Orange County. e Nancy Christman, of the Orange County Planning Department, had asked to address the Commission to restate the County's position on Items #4, #5, #6, #9, #12, #13, and #17 as stated in the letter to Ralph Hook on June 2, 1987. She obJected to 5 e Pege 6 Ci~y Commi..ion Mee~in9 Augu.~ 4, 1987 commercial land use in the Maguire Road area south of the turnpike as inconsistent and premature at this time. She also stated the County's position against commercial land use designation for Silver Star Road away from the intersection of Clark Road <Item 11). The County contended that the three corners now designated ~or commercial are enough to service that area. Attorney Frank Kruppenbacher asked Nancy Christman for the benefit of the record if she was speaking for a private group, employees, or the Orange County Commission. She replied that the letter sent under Ed Williams signature stated the Planning Department's position, followed the normal procedure, and that they had not been directed to do otherwise. Mr. Kruppenbacher asked i~ the County Commission had approved or reJected the proposed changes, and Ms. Christman answered that she spoke from the staff level. City Manager Ryan explained, and Ms. Christman agreed, that she was acting %or the Planning Department based on their interpretation of Orange County policy as demonstrated in previous actions. e Mayor lson stated that as he had driven throughout Orange County he had seen examples o~ good planning versus bad planning, and that the Commission and Staff were striving to provide visionary planning for this area. He said that on some issues they would have to "agree to disagree" with the County, but that they did want to hear what Ms. Christman had to say. Prior to the second readings o~ each Plan Amendment Ordinance and/or Rezoning Ordinance, Planning Director Wagner described each parcel and Assistant Planner Linda Rivera pointed out the site on the map. Mr. Wagner explained that the Developers Agreements were presented for review/approval prior to the Rezoning Ordinances as the Commission had previously directed. e Lindy Wede Rich Pe~i~ion Review/Approvel - Oeveloper. A9reemen~ As there was no discussion, Commissioner Dabbs moved to approve the Developers Agreement for Lindy Wade Rich, Commissioner Hager seconded, and approval was unanimous. Rezoning Ordinence 975 (Ce.. No. 02R-87) From A-l Agricultural to C-2 Community Commercial Planning Director Wagner read the proposed ordinance by title only, and recommended that the parcel be rezoned as requested. Mayor Ison opened the public hearing. There were no comments so the public hearing was closed. Commissioner Johnson moved to approve Ordinance 975, Commissioner Bateman seconded, and approval was unanimous. 6 e Peg- 7 Ci~y Commi..ion Mee~ing Augu.~ 4, 1987 e Gregory P. Sameno Pe~i~ion. PI en Amendmen~ Ordinence 976 (Ce.e No. 02C-87) From Rural Residential to Residential Mr. Wagner read the proposed ordinance by title only~ and explained that Staf% recommended approval of land use as requested. As there were no comments, the public hearing was closed. Commissioner Hager moved to approve Ordinance 976, Commissioner Dabbs seconded, and approval was unanimous. Commissioner Bateman commented that this action was a land use change only, and not a rezoning. Review/Approvel - Developer. Agreemen~ Commissioner Dabbs moved to approve the Developers Agreement for Gregory P. Samano, and Commissioner Johnson seconded. Commissioner Bateman commented that Page 6, Paragraph 4, of the Agreement left open the question of septic tanks. Mr. Wagner stated that the developer must con%orm to all rules and regulations, and that the City's ordinance was very specific. Commissioner Bateman stated that developers agreements should be more specific. The motion was unanimously approved. Rezoning Ordinence 977 (Ce.e No. 03R-87) From A-l Agricultural to R-l-A Single Family Dwelling Mr. Wagner read the proposed ordinance by title only, and stated that Staff recommended approval. As there were no comments, the public hearing was closed. Commissioner Johnson moved to approve Ordinance 977, and Commissioner Dabbs seconded. Commissioner Bateman commented that a R-l-A zoning would not provide for quarter acre lots, and suggested that the ordinance should indicate what Staff and the Developer intended. Mr. Wagner suggested that lot size specification would be more appropriate in the developers agreement than in the rezoning ordinance, and Commissioner Dabbs agreed. Attorney Kruppenbacher stated the City could us the Developers Agreement as a means of setting the zoning, etc.. Commissioner Bateman said he was looking at the issue from the viewpoint 0% a Commission five years from now, and that he was concerned about the protection of the City. Commissioners Johnson, Dabbs, and Hager voted to approve Ordinance 977, and Commissioner Bateman voted "No". The motion carried three to one. e Devid Peerlmen Peti~ion Plen Amendmen~ Ordinence 978 (Ce.e No. 03C-87) From Institutional and Rural Residential to Commercial Mr. Wagner read the proposed ordinance by title only. He stated that Staff suggested proceeding cautiously and recommended that the subJect property be placed in the residential use category at this time. City Manager Ryan stated that the Commission had previously recommended a commercial land use for this property, and that Staff would probably recommend dealing with it as a Commercial PUD. He 7 e Peg- S Ci~y Commi..ion Mee~ing Augu.~ 4, 1987 stated that previous action was different from that recommended tonight. Commissioners Bateman and Dabbs recalled that their previous approval of the commercial land use was done so primarily for the purpose of retaining and expanding the existing airport. Mayor Ison commented that Orange County obJected to commercial land use for this property, and opened the public hearing. Dr. James Ferdinand, representative for David Pearlman, stated that the Aviation Authority's strong interest in expansion of the Maguire Road airport had attenuated, but there was interest in a commercial PUD. Commissioner Johnson asked what future there would be for the airport if the Aviation Authority was not interested. Dr. Ferdinand responded that there was interest in changing to a first class mixed use which would include restaurants. e Al Besade. 434 Wildwood Circle, Longwood. spoke in support of commercial land use for this parcel. He indicated plans for a residential development, a Golf Course, and a Country Club for 456 acres which he owned in the area. He felt the airport would preclude other desirable development. In response to Mayor Ison's question, Mr. Besade said that the expected start date for the course/club would be January or February of 1988. Commissioner Bateman stated that the City did not need another fifty acres of commercial development on Maguire Road, and supported an unclassified or residential land use plan for the property. Commissioner Dabbs told Dr. Ferdinand that he wished he had spent as much time "unselling" as "selling" him on the airport issue. Dr. Ferdinand explained that he had learned about the change in the airport matter only two weeks earlier. Mayor Ison said that while the County obJected to the commercial designation as premature, the City must look out for its own best interests. The public hearing was closed. e Planning Director Wagner explained that the Commission could adopt, deny, or amend the ordinance. Commissioner Bateman moved to reJect Plan Amendment Ordinance 978. Commissioner Dabbs seconded for the purpose of discussion. In the discussion, it was determined that reJection of the ordinance would retain the County land use designation of institutional/rural residential for the property. City Manager Ryan suggested that the Commission specify some form of land use for the City in order to provide direction for the owner/developer. Commissioner Dabbs amended his motion to change the land use in Ordinance 978 from commercial to residential, Commissioner Dabbs seconded the amendment to the motion, and the motion was unanimously approved as amended. 8 e Pege 9 Ci~y Commiasion Me.~ing Auguat 4, 1987 Review/Approvel - Developer. Agre.m.n~ Commissioner Dabbs moved to talbe consideration of the Developers Agreement for David Pearlman until such time as the resolution 0% the zoning is considered, Commissioner Bateman seconded, and approval was unanimous. R. L. Ferdinend Pe~i~ion Plen Amendmen~ Ordinence 979 (Ce.e No. 04C-81) From Rural Residential to Commercial Mr. Wagner read the proposed ordinance by title only, and explained that Sta%f recommended the property be placed in the residential use category at this time. Mayor lson opened the public hearing. He noted the County's obJections to commercial use for this property. Dr. James Ferdinand supported the commercial use as requested. The public hearing was closed. Commissioner Hager moved to approve Ordinance 979 as amended to read "residential" in I ieu of "commercial", Commissioner Johnson seconded, and the motion was approved by Commissioners Johnson, Dabbs, and Hager. (Commissioner Bateman out of room 11:55 P.M. - 12:05 A.M.) Review/Approvel - Developers Agr.em.n~ Commissioner Johnson moved to table the Developers Agreement for R. L. Ferdinand (Case No. 04C-87), Commissioner Bateman seconded, and approval was unanimous. e R. L. Ferdinend P.~i~ion Plen Amendmen~ Ordinence 980 (Ce.e No. 0~C-87) From Rural Residential to Commercial Mr. Wagner read the proposed ordinance by title only, and explained that Staf% recommended residential use status for this property at this time. There were no comments so the public hearing was closed. Commissioner Dabbs moved to approve this 9.7 acre tract for commercial land use. The motion died for lack of a second. City Manager Ryan commented that it would be appropriate to downgrade to residential in order to be consistent. (Commissioner Johnson out of room 12:09 A.M. - 12:10 A.M.) Commissioner Bateman moved to approve Ordinance 980 with an amendment from commercial to residential land use, Commissioner Dabbs seconded, and approval was unanimous. Review/Approvel - Developera Agreemen~ The Developers Agreement had been previously tabled. e R. L. Ferdinend Pe~ition Plen Amendment Ordinenc. 981 (Ce.e No. 06C-87) From Residential to Commercial Mr. Wagner read the proposed ordinance by title only, and stated Staff's recommendation to take no action. This would allow the land use designation to remain residential. As there were no comments, the public hearing was closed. Commissioner Bateman moved to disapprove Ordinance 981, 9 e P~g. 10 City Commission Meeting Augu.~ 4, 1987 Commissioner Hager seconded, and the motion was unanimously approved. Review/Approvel - Dev.lopers Agreemen~ The Developers Agreeaent was previously tabled. R. L. Ferdinend Pe~i~ion Plen Am.ndmen~ Ordinenc. 982 (Ce.. No. 07C-87) From Residential to Commercial Mr. Wagner read the proposed ordinance by title only, and stated Staff's recommendation for residential land use for this property. There being no comments, the public hearing was closed. Commissioner Dabbs moved to approve Ordinance 982, and Commissioner Johnson seconded. Mr. Wagner commented that this parcel was adJacent to a parcel zoned commercial by the County. Ms. Christman noted the County's obJection to commercial xor this site. Commissioner Bateman stated that the Commission should be consistent with all four parcels in the area. Commissioners Johnson and Dabbs voted "Yes" on the motion, Commissioners Bateman and Hager voted "No", and Mayor Ison voted "Yes". The motion carried three to two. Review/Approvel - Developers Agre.men~ The Developers Agreeaent had been previously tabled. e Cherle. & Jeme. Hew~horne Pe~i~ion. Plen Am.ndm.n~ Ordinence 983 (Ce.. No. 08C-87) From Low/Medium Density Residential to Residential Mr. Wagner read the proposed ordinance by title only, and stated that Staxf supported the land use as requested in the Ordinance. Mayor Ison opened the public hearing. Scott Henderson, of Glatting, Lopez, Kercher, and Anglin, was present to represent the petitioner. There were no xurther comments so the public hearing was closed. Commissioner Johnson moved to approve Ordinance 983, Commissioner Bateman seconded, and approval was unanimous. Review/Approvel - Developer. Agre.m.n~ Commissioner Bateman moved to approve the Agreement xor the Charles and James Hawthorne Commissioner Hager seconded, and the motion was approved. Rezoning Ordinence 986 (Ce.e N. 09R-87) Mr. Wagner read the proposed ordinance by title only, and stated the public hearing was to be opened but action should be deferred because the property was to be rezoned as PUD which required approval of a Preliminary Master Plan, and a third reading would be held at some future date. Mayor Ison opened the public hearing, there were no comments, so the hearing wag continued as noted above. Developers petitions, unanimously e 10 e Pege 11 Ci~y Commi..ion Mee~in9 Auguat 4, 1987 Anne L. Devia & Tom Weat Pe~i~ion. Plen Amendmen~ Ordinence 98~ (Caae No. 12C-87) From Rural Residential to Residential Mr. Wagner read the proposed ordinance by title only, and stated that Staff recommended approval. There were no comments so the public hearing was closed. Commissioner Hager moved to approve Ordinance 985, Commissioner Bateman seconded and approval was unanimous. Review/Approvel - Developer. Agreemen~ Commissioner Dabbs moved to approve the Developers Agreement for Anna L. Davis and Tom West petitions, Commissioner Johnson seconded, and the motion was unanimously approved. Rezoning Ordinence 986 (Ce.e No. 13R-87) From R-CE-2 Rural Residential to R-1A Single Family Mr. Wagner read the proposed ordinance by title only. There were no comments so the public hearing was closed. Commissioner Bateman questioned the zoning of the homes south of this property. Commissioner Bateman moved to approve Ordinance 986, Commissioner Johnson seconded, and approval was unanimous. e Weacer, Inc. P.ti~iona Plen Amendment Ordinence 987 (Ce.e No. 14C-87) From Low Density Residential to Commercial/Residential Mr. Wagner read the proposed ordinance by title only, and explained that Staff recommended approval of Commercial land use for approximately 8 acres of the site, and Residential land use f~r the remaining 15.3 acres of the parcel. Mayor lson opened the public hearing. Nancy Christman stated the County's obJection to extension of commercial development in the SUbJect area. Mr. Wagner explained that Staff would work with the developers, and would hope the Developers Agreement to be presented would address the County's concerns. There were no further comments so the public hearing was closed. Commissioner Dabbs moved to approve Ordinance 987, and Commissioner Johnson seconded. Commissioner Bateman asked if the map would become part of the ordinance, and Mr. Wagner answered that it would not, but that the legal description in the ordinance accurately reflected the map. The motion was unanimously approved. Review/Approvel - Developer. Agreement The Developers Agreement for Wescar, Inc. (Case No.14-C87) had been withdrawn. Rezoning Ordinence 988 (Ce.e No. 15R-87) From A-l Agricultural District to C-2 Community Commercial (8 acres) and R-l-AA Single Family (15.3. Acres) Mr. Wagner read the proposed ordinance by title only, and explained that Staff recommended opening the public hearing but deferring action to follow a third reading. Mayor leon opened the public hearing. There were no comments so the public hearing was continued to August 18th meeting. e 11 e P~ge 12 Ci~y Commiaaion Mee~ing Augu.~ 4, 1987 Jey & Doti Schorr Petitions Plen Amendment Ordinence 989 (Ce.e No. 15C-87) From Low Density Residential to Residential Mr. Wagner read the proposed ordinance by title only, and stated that Staff supported the petition. There being no comments, the public hearing was closed. Commissioner Johnson moved to approve Plan Amendment Ordinance 989, Commissioner Bateman seconded, and the motion was unanimously approved. Review/Approvel - Developera Agreement Consideration of the Developers Agreement for Jay & Doti Schorr petitions was deferred until the August 18th meeting. Rezoning Ordinence 990 (Ceae No. 16R-87) From A-l Agricultural to R-l-AA Single Family Dwelling Mr. Wagner read the proposed ordinance by title only, and recommended that action be deferred and the public hearing continued to the third reading on August 18th. Mayor Ison opened the public hearing. Ms. Christman stated that the County was pleased that a lower density zoning was being requested than that which had originally been considered. There were no additional comments so the public hearing was continued. e Weacer, Inc. Pe~i~ion. Plen Amendmen~ Ordinence 991 (Ceae No. 16C-87) From Rural Residential to Residential Mr. Wagner read the proposed ordinance by title only, and stated that Staff was in agreement with residential land use for the entire parcel. Mayor leon opened the public hearing. Attorney William Reischmann addressed the Commission as representative for Clarcona area residents to reiterate their strong opposition to a land use change from rural residential to urban residential. Mayor lson asked if a Clarcona representative had attended the Joint meetings of Staff/Attorneys for the City and the County to work out an agreement on this issue. Mr. Reischmann said that they had attended the first meeting, but not the second one. City Manager Ryan said the agreement at the second meeting was the same as at the first. Mr. Reischmann stated that Clarcona homeowners disagreed with the City/County agreement. Mr. Ryan stated that the Orange County Commission had approved the land use change subJect to the agreement worked out by the attorneys. There were no further comments so the public hearing was closed. Commissioner B~teman moved to approve Ordinance 991, Commissioner Johnson seconded, and approval was unanimous. Review/Approvel - Developer. Agreem.n~ The Developers Agreement for Wescar, Inc., Case No. 17R-87, was tabled. e 12 e Peg. 13 Ci~y Commi..ion M..~ing Augu.~ 4, 1987 e Rezoning Ordinence 992 (Cea. No. 17R-87) A-l Agricultural to R-l-A Single Family Dwelling Mr. Wagner read the proposed ordinance by title only, and stated that Starf supported the rezoning subJect to the resolution of litigation with the County. He explained that burfer areas and larger lots would be provided by the Developers Agreement. He recommended that the public hearing be opened and continued to a third reading at the August 18th meeting. Attorney Reischmann asked the Commission to uphold the Planning & Zoning Board's recommendation in April to deny Wescar's petition for R-l-A and to retain A-l as in the County. Dennis Phipps, P. O. Box 560, Clarcona, stated his concern that the increased traffic on Apopka-Vineland would exceed its capacity, and his concern about the change in zoning classirication ror the surrounding area. City Manager Ryan and Nancy Christman explained that deed restrictions and covenants would provide a stronger statement and better guarantee ror acceptable development. Philip Rich, 5824 Ingram Road, Apopka stated his belief that social and political concerns were not taken into account in the zoning decision made by attorneys in the law suit, and appealed to the Commission to "revisit the real issues". Mr. Ryan stated for the record that those decisions arrived at by legal counsel had been brought back to the Board. David Outlaw, of Wescar, Inc., stated that he had been present for the negotiations as an affected party, and he believed both Boards had compromised. Louis Geyes, President of Wescar, Inc. echoed Mr. Outlaw's comments. There were no further comments, so the public hearing was continued to the August 18th meeting. City 0% Oco.. Petition Plen Am.ndmen~ Ordinenc. 993 (Ce.. No. 17C-87) From Residential to Commercial Mr. Wagner read the proposed ordinance by title only. He explained that Staff recommended this change to commercial to complement the Prairie Lake PUD. There were no comments, so the public hearing was closed. Commissioner Dabbs moved to approve Ordinance 993, Commissioner Hager seconded, and approval was unanimous. e City 0% Ocoee Petition Rezoning Ordinence 994 (Ce.. No. 18R-87) From Unclassizied to 1-1 Restricted Manufacturing and Warehousing District Mr. Wagner read the proposed ordinance by title only. explained that Staff recommended the parcel be rezoned promote consistency with the existing use of the site surrounding development. There were no comments so public hearing was closed. Commissioner Bateman moved He to and the to 13 e Pege 14 Ci~y Commi..ion Mee~ing Augu.~ 4, 1987 approve Ordinance 994, approval was unanimous. Commissioner Hager seconded, and City of Ocoe. P.ti~ion Plen Am.ndmen~ Ordinence 993 (Ce.e No. 18C-87) From Commercial to Industrial Mr. Wagner read the proposed ordinance by title only, and added that Staff recommended this change. There were no comments so the public hearing was closed. Commissioner Dabbs moved to approve Ordinance 995. Commissioner Johnson seconded, and approval was unanimous. Rezoning Ordinance 996 (Ce.e No. 19R-87) From 1-2 Industrial Park to 1-1 Restricted Manufacturing and Warehouse District Mr. Wagner read the proposed ordinance by title only, and recommended the Commission confer this zoning. There were no comments so the public hearing was ~losed. Commissioner Bateman moved to approve Ordinance 996, Commissioner Hager seconded, and approval was unanimous. e John G. Pierce Pe~i~ion. Plen Amendmen~ Ordinence 997 (Ce.e No. 19C-87) From Low Density Residential to Commercial Mr. Wagner read the proposed ordinance by title only. He stated that Staff recommended approval as petitioned. and that the County had no obJections. There were no comments so the public hearing was closed. Commissioner Bateman moved to approve Ordinance 997, Commissioner Dabbs seconded, and approval was unanimous. Revi.w/Approvel - Developer. Agreem.n~ No Developers Agreement was available. Rezoning Ordinence 998 (Ce.. No. 20R-87) C-l Retail Commercial to C-3 General Commercial Mr. Wagner read the proposed ordinance by title only. He recommended that the public hearing be opened and continued to the next meeting. There were no comments so the hearing was continued to August 18th. Mayor 1son commented that, as a City Official, he appreciated the hard work of the Staff on the presentation of these petitions, but as a tax payer he was disgusted with the state requirements. If the plan remained in existence, he suggested future petitions not be considered all in one night. e Other Bu.ine.. City Manager Ryan stated that Coach Bill Chambers, Chairman of the Recreation Advisory Board, had requested a $500.00 donation to aid in sending the Girls Club Softball team to the Nationals. He explained that the funds could be transferred from unappropriated reserve. Commissioner Dabbs 14 . Pege 15 City Commi..ion Meeting Auguat 4, 1987 moved to approve the donation as requested. Hager seconded, and approval was unanimous. Commissioner COMMENTS FROM CITIZENS/PUBLIC There were no comments. NEW BUSINESS e Preliminery Annexetion Review - Mexim Building Corporation Russ Wagner Mr. Wagner explained that Maxim Building Corporation was a subdivision of Cardinal Industries, and that Michael Slater, their representative, was present to introduce and discuss the annexation petition. Mr. Slater explained their request for annexation of property located at the northeast corner of Marshall Farms Road and SR 50 for the purpose of development of a sales center to include seven single family models. He stated that the proposed development would be designed not only to preserve all existing trees and fauna, but also to add extensive landscaping and beautification. The proJect would serve as an aesthetic buffer between the commercial and residential land uses and would be an asset to the community. Mayor Ison stated that he had received a letter from Owen Shepherd, Mayor of Casselberry, highly recommending Cardinal Industries. Commissioner Bateman stated that he was concerned about additional traffic at the Marshall Farms Road/SR 50 intersection, as it was the most dangerous intersection in the City. Mr. Slater said that their development should add only about sixty trips a week to the intersection. Commissioner Dabbs expressed his surprise at only sixty additional trips. Mayor Ison said that they would have to look into the intersection as the proJect plans developed. Mr. Wagner explained, as a point of clarification, that work could proceed under County zoning. Due to the plan amendment process. their petitions, which had already been submitted, would not be agended until early 1988. In response to Commissioner Bateman~s question, the Vice-President of Maxim Building Corporation, Paul Renfroe, explained that they would hire local talent. Proposed Franchise for Ceblevision of Central Flordie This item had been handled earlier in the meeting. . Proposed Contract for City Menager - Commissioner Johnson Commissioner Johnson submitted a contract for the City 15 e Peg- 16 Ci~y Commi..ion Mee~in9 Augu.~ 4, 1987 Manager ~or the review o~ the Commission. He felt that after the Sentinel article in which the Commission gave the City Manager a "good report card", they should show some faith and "take him o:f:f the market" by way of a contract. Mr. Johnson asked the other commissioners :for suggestions. Commissioner Bateman stated that the contract should be written in accordance with the City Charter, and that the contract or charter should be changed. He suggested the City Attorney be asked to review it. Commissioner Dabbs stated that he conceptually agreed with the contract, but that it should be brought in line with the Charter, and that an evaluation process should be incorporated in the contract. Commissioner Hager stated that he did not have any problem with it, but thought the City Attorney should deal with it, and that the City Manager should look at it. Mayor lson pointed out that, when Mr. Ryan was hired, a contract had been discussed for a later time. The Commissioners agreed to ask the City Attorney and Manager to review the contract and bring it back to Commission. City the e REPORTS AND INFORMATION - CITY MANAGER Follow-up Agende Mr. Ryan stated his belief that the Mitchell paving proJect would be a successful one. Mr. Ryan will contact Orange County Commission Chairman Lou Treadway about County participation in the funding of bus service in the Ocoee, Winter Garden and Apopka area. Upde~e on S~ucki Proper~y Acqui.i~ion Mr. Ryan directed the Commissionersl attention to a copy of a July 23, 1987 letter from Ronald Stucki in which he requested the use o:f a Joint appraiser for the subJect property. Mr. Stucki had also stated that he would have his attorney file suit if the City does not present him with an acceptable of :fer by 9/1/87. This item will be placed on the August 18th Agenda. Ci~y A~torney Proposed Ordinance, Ocoee Historic Commission This item was postponed to the August 18th Agenda. COMMENTS FROM COMMISSIONERS e Commissioner Dabbs Silver Star Road. commented about a flooding problem on Commissioners Johnson, Bateman, and Hager 16 - Peg. 17 Ci~y Commi..ion M..~ing Augu.t 4, 1987 had no additional comments. Mayor Ison commented that the Commission had been extremely supportive of Staff in their decisions tonight, having gone along with their suggestions in about 99% of the issues. The meeting adJourned at 2:20 A.M.. ---~~-~------ Mayor Ison -----1t~-~~----- Deputy Clerk Green - - 17