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HomeMy WebLinkAbout05-19-88 SS MINUTES OF THE SPECIAL SESSION COMMISSION MEETING HELD ON THURSDAY, MAY 19, 1988 e CALL TO ORDER: 7:30 P.M. PRESENT: Mayor Ison; Commissioners Bateman, Dabbs, Hager, and Johnson; City Manager Ryan; Interim City Attorney Woodson; Planner Wagner; and Assistant to the City Manager Resnik. DISCUSSION ON PROPOSED ANNEXATION ORDINANCES, FIRST READING e Mayor Ison announced that this was a four item agenda called for by a discrepancy found by Commissioner Bateman during the Commission Meeting on Tuesday, May 17, 1988. Mayor Ison asked if Staff had researched the issue. City Manager Ryan said he had reviewed the Stipulation Agreement and that Commissioner Bateman was correct; fees were not mentioned. (Commissioner Bateman questioned why the Developer fees for annexation petitions had been waived.) City Manager Ryan said he had since contacted the Developers and that all fees had been asked for and received. City Attorney Woodson said the Commission could vote on the proposed annexations. Attorney Woodson also said there was another discrepancy noted in the agreements regarding the issue of simultaneous annexations and rezonings. Attorney Woodson said the settlement made reference to the City making a good faith effort towards the simultaneous annexation and rezonings of the Lake Lotta PUD as well as the Good Homes Road/Highway 50 property. Mr. Woodson said the schedule could still be completed and that it could be done under Florida Statutes, but that the Ordinances for Case No. 10A-88 and Case No. llA- 88, did not take into consideration the issue of simultaneous annexation and rezoning. Attorney Woodson said that in the case of simultaneous annexation and rezoning, Section 7 in these ordinances would create a problem; if the ordinance was adopted and the first reading was tonight, then the second reading on June 7 would not allow for a simultaneous annexation and rezoning. Attorney Woodson said he had prepared revised ordinances for the Lake Lotta and Yeager properties with changes to Sections 5 and 7. The changes made the ordinances consistent with the settlement and made it possible to have simultaneous annexation and rezoning. e Mayor Ison asked Attorney Woodson if that meant that the final annexations and rezonings would not take place (be adopted) until the final meeting in November or December. Attorney Woodson said that was correct, that they would not be formally adopted until then. City Manager Ryan said that "simultaneous" actually meant that one was held until the other one was passed (at the end of the planning process). Planner Wagner was asked if the Davis property would also 1 r-- Page 2 Special Session Commission Meeting ~ May 19, 1988 need to tie in with the other two mentioned. said it would since it depends on the others. Planner Wagner Commissioner Dabbs said that that was not how he saw it. Commissioner Bateman said in reference to the Church property that the annexation would automatically not take place if the other property was not annexed since it would not otherwise be contiguous. Commissioner Bateman said the City would act in "good faith" but that there was nothing that made it mandatory to comply with the requests of the Developer. Commissioner Dabbs said it would appear that the applicants were trying to do something that was cleared up by the Commission as something that would not happen. e Steve Fieldman, a representative for the Lake Lotta Developer, said that the agreement that they were speaking to was not in essence "contract zoning". Mr. Fieldman said that the notion of contract zoning was where a contract for a particular zoning was negotiated. He said what the Developer was looking for was to get the annexation and rezoning at the same time. Mr. Fieldman said the Developer was not saying give us what we want or else. He said the Developer wanted to know what the rules were coming in. In adopting the annexation and rezoning ordinances at the same time, the Developer would know what the property was subJect to. Commissioner Bateman said he had no problem with the Lake Lotta property coming into the City as a PUD. He said it was the Staff's recommendation that concerned him. Commissioner Bateman said the Staff Report needed to be updated in regards to the East-West Expressway and Clark Road. He said he wanted to see the land in Ocoee and wanted to see it developed, but that the proposal to annex would need to be updated from the January 1987 one. Steve Fieldman said the Developer he represented would be happy to build Clark Road and that they wanted to work with the City on that. As far as the petitions were concerned, Mr. Fieldman said they were filed and the fees were paid and then were withdrawn after the Developer found out that the City had no Justification (ordinance) for simultaneous annexations and rezonings. Mr. Fieldman said he had reactivated the petitions and was unaware that there was a problem with payment of any fees but said that was not a problem and they were paid upon request by the City. e Commissioner Bateman said he was opposed to "contract zoning" and said he had no problem with the Developer's ultimate goal, but had a problem with the way the Developer was going 2 Page 3 Special Session Commission Meeting ~ May 19, 1988 about it. Mayor Ison wanted to clarify that the process was to have all annexations and rezonings adopted at the last meeting, all at once. Planner Wagner said that that was the policy 0% the City but not necessarily the rule. Planner Wagner said the new schedule was devised to treat everyone the same. He said some would be physically annexed that night and some would not, by not having a %ormal vote. Those that did not go the regular route 0% annexing without being assured 0% a particular zoning (i.e. i% they wanted to annex only i% the rezoning was to their satis%action) waited until the %inal meeting. Planner Wagner said technically though, the annexation would always occur %irst since you could not rezone without land having another zoning classi%ication in the %irst place. e Mayor Ison asked Planner Wagner what would happen with these types 0% annexations i% the Commission passed the annexation petition but then did not pass the zoning that the Developer was looking %or. Planner Wagner said that part 0% the process includes the Development Agreements and those would indirectly state the zoning classi%ication. There%ore, a "good %aith" e%%ort on both the Developer and the City's part would go by the Agreement and the zoning indicated. Attorney Woodson said in the ordinances he had dra%ted it would take a separate vote %or annexation, land use, and zoning, and that each one would be contingent upon the other two. Attorney Woodson said it would be up to the Commission at the last meeting. Planner Wagner said there were actually %our votes needed: on annexation, land use, Developer Agreement, and rezoning. I% anyone 0% these votes was not %avorable, the others would automatically %ail as well. Planner Wagner said the City has %ive days to comply with State requirements %or both annexation and rezoning. There would be no extensions granted otherwise and any Developers who did not get their petitions voted on %avorably would have to wait until the %ollowing year to reenter the process. e Attorney Woodson said the applications submitted were permissable. They had been withdrawn but have since been reactivated. City Manager Ryan said the Developer did send a letter indicating that they wanted to reactivate the petition but that they did not %ile new petitions. The Commission had not received a copy 0% that letter and the present City Attorney also had not seen the letter. Planner Wagner said he had the letter in the Developer %iles and City Manager Ryan said he had seen the letter. Attorney Woodson said i% there was a letter reactivating the petitions, and the City 3 Page 4 Special Session Commission Meeting ~ May 19, 1988 was in possession of the correct fees, then it would be best to get a copy of the letter for clarification before the Commission took any action. Commissioner Bateman said it was good business practice to reinstate in writing with a new petition, up-to-date with signatures showing a date of more recent than more than a year ago. Steve Fieldman said he remembered physically bringing the applications back, and even though they were dated, he felt he made a good faith effort at making the request to resubmit the petitions. RECESS: 8:20 P.M. (to look for letters) CALL TO ORDER: 8:40 P.M. e Attorney Woodson said the Commission had four applications before them and that the Jeffrey Yeager and Reformed Presbyterian Church petitions had been filed with the necessary fees in a timely manner. The Davis, Olgivie, Pitchford and Lake Lotta PUD petitions were original applications dating back to January 1987. The fees had been paid on Thursday, May 19, 1988 (the date of this meeting). Attorney Woodson explained further that a letter from Steve Fieldman was sent to City Manager Ryan on March 7, 1988 asking the status of the petitions and if anything further was needed. A response letter was sent to Mr. Fieldman (with a date of March 30, 1988) as a follow up to a conversation that the City Manager had with Mr. Fieldman indicating that all paperwork and fees needed to be into the City by March 28, 1988. City Manager Ryan, Planner Wagner, and Steve Fieldman all were in agreement that they thought the Developer was in compliance with what was necessary to petition. Attorney Woodson said there were several things to consider on the Davis and Lake Lotta properties. Attorney Woodson said the Commission could have the representatives of these Developers verbally indicate that their desire was to refile and that they had indeed paid all the necessary fees but had inadvertently missed the cut off date of March 28, 1988. As far as accepting the petition and acting on it on the same night, Attorney Woodson said there was no legal reason why they could not act since the public did have notice of the meeting. Attorney Woodson asked whether the Commission would permit verbal reactivation of the petitions by representatives of the Developers (Steve Fieldman and Tom Cloud) or whether they would require written verification. e Mayor Ison pointed out that this was the first reading for each of the proposed annexations and that by voting tonight, 4 Page 5 Special Session Commission Meeting tit May 19, 1988 e . it would not activate any of the ordinances. If it was found that by missing the deadline on filing, that the petitions should not be reactivated, then the Commission could use its discretion to disapprove the proposed ordinances at the time of the second reading. Steve Fieldman said he felt that the public had not been misled and that by proceeding, the Developers showed that they wanted to re-petition. Mr. Fieldman said the City was also showing that it believed the petitions to be reactivated because the Yeager petition was accepted, and it could not have been if the others were not believed to have been reactivated (due to the Yeager property not being contingent with property in the City of Ocoee). City Manager Ryan and Planner Wagner again said they felt the Developers had fulfilled the necessary steps in order to reactivate their petitions. Commissioner Bateman said for the record that the petitions were withdrawn two times and that this was the first time he was seeing them. He said he would need verbal and written clarification from the Developers' representatives. Mayor Ison asked for a straw vote to find out if any of the Commissioners did not want to vote on the proposed annexations. Attorney Woodson said they should have a verbal clarification from the representatives of the Developers stating that they did indeed want to reinstate their petitions. He said Barry Goodman should also resign the petitions to give them a more recent date. Commissioner Bateman wanted it on record that the Commission was only voting on the annexation tonight and that they would not promise anything on the rezoning of the property. Mayor Ison asked Attorney Woodson if they should have a verbal hold harmless statement from the Development representatives. Steve Fieldman said he appologized for any confusion and he and Tom Cloud said on behalf of the Developers that they represented, that they would hold the City harmless of any thing to do with this issue. Commissioner Dabbs asked Attorney Woodson to again clarify the changes made to the two ordinances. Attorney Woodson reviewed Section 5 and Section 7 for both ordinances. Attorney Woodson said the Commission could act to approve all the ordinances based on the statements from Steve Fieldman and Tom Cloud. Commissioner Bateman motioned to approve for first reading the Davis, Olgivie, Pitchford and the Reformed Presbyterian Church ordinances and the Lake Lotta, Ltd. and Jeffrey Yeager ordinances as revised, Commissioner Hager seconded, and approval was unanimous. City Manager Ryan read the ordinances by title only. Mayor Ison read the changes to 5 . e . Page C Special Session Commission Meeting May 19, 1988 Section 5 and Section 7 of the Lake Lotta ordinance and Commissioner Bateman read the changes to Section 5 and Section 7 of the Jeffrey Yeager ordinance. Attorney Woodson noted that the first reading dates on the ordinances should be changed to read 5-19-88 rather than 5-03-88. ADJOURNMENT: '3: 20 P. M . CA~~ED BACK TO ORDER: 9:25 P.M. Mayor Ison asked that the meeting be called back to order so the Commission could discuss a meeting time to discuss the latest issue in regards to the Stucki property. It was agreed that discussion would take place at the Workshop Session on Saturday, June 4. The meeting would start at 4 p.m. and this would be discussed first at the request of Foley & Lardner so that they could dismiss themselves from the meeting when the Commission discussed the City Attorney position. A Special Session will also be held that day at 5 p.m. in order to accommodate the Commission if they take any formal action on the agenda items. ADJOURNMENT: 9:30 P.M. ~LeL ------------------------------ MAYOR ATTEST: -------------------------------- ADMINISTRATIVE ASSISTANT RESNIK c