HomeMy WebLinkAbout10-04-88
.
-
MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY,
OCTOBER 4, 1988
Mayor Ison called the meeting to order at 7:35 p.m. The
meeting W8a held in the Ocoee Womens~ Club building due to
voting taking place at the Community Center. Commissioner
Hager led in prayer and Mayor Ison led in the pledge of
allegiance to the flag.
PRESENT: Mayor Ison; Commissioners Johnson, Bateman, and
Hager; City Attorney Rosenthal and Assistant City Attorney
Woodson; City Manager Ryan and Assistant City Manager Finch;
Public Works Director Brenner, City Clerk Grafton, and Deputy
Clerk Resnik.
PRESENTATIONS AND PROC~AHATIONS
Mayor Ison said that Commissioner Dabbs would be arriving
momentarily. Mayor Ison also commented that several Citizens
had approached him to speak an matters that were not on the
agenda and that those citizens would have a chance to speak
under the citizen comments section of the agenda.
Mayor leon asked Tommie Sanders, representative of the Ocoee
American Legion, to approach the Commission for his
presentation. Mr. Sanders seid he wanted to present several
people with certificates of appreciation for the work
they had done to get a momument placed on city property to
honor all Ocoee veterans. Mr. Sanders awarded each member of
the City Commission with a certificate as well as City
Manager Ryan, Cathie Pollack, and Janet Resn~k. Mayor Ison
thanked Mr. SanderB and th~ American Legion on behalf o~
those who had been singled out for their efforts. Mayor lson
eaid the monument wae 1n the process of being ordered and the
city hoped to have ~t in place soon.
Mark Blinderman, Vice President of Operations for Plantation
Sysco, told the City Commission that he ~irst came to them 13
months ago to introduce the company and to try to galn an
acceptance ~rom them to ~aBt track the proJect of bu~ldlng
the new plant. At that meeting, he said he pledged that the
company would return the favor in the future through their
deBire to give back to the city more than they took. The
result a~ that pledge would be two annual proJects. The
first proposal wae to have Plantation Sysco provide 50
Thanksgiving dinners for aged or needy people 1n Ocoee. Mr.
Blinderman said his company wanted to work with the city on
the proJect by hav~ng the city contact local churches and
organizat~ons to provide names of families who could take
advantage of the dinners and by having city employees deliver
the dinners.
1
~~g~
-
C1Cy C0mmle~1on Meeting
October 4, 1988
The second proJect Mr. Blinderman proposed was a Christm~s
party ~or 100 needy families in the city to be held on
December 23, which would provide gi~ts for the chlldren and
dinner for all. Mr. Blinderman said employees of Plantation
Sysco had offered to forgo their annual party In order to
~rnvl~e one for these families. He again asked the city i~
they would be willing to work with Sysco on gettlng the word
(~ut ~~ the ~amiliee and by helping serve the food at the
party.
Mayor Ison accepted Mr. Blinderman's proposals on behalf of
the City Commission and thanked Mr. Blinderman and all of the
people at Plantation Sysco for their gracious offer. He Bald
the city would be more than happy to do anything to help on
both occasions.
-
City Manager Ryan introduced two new members of the Planning
Department who were at the meeting. Me. Lisa Clemen and
Mr. Julian Harper were introduced as the new Asaoclate
Planners. City Manager Ryan explained that the new Planning
Director, Bruce Behrens, would be at the City Commission's
special meeting on Thursday and he would introduce him then.
He eald he hoped the Commission would Join him in welcoming
the new Bta~f.
Mr. Ken Enlow of Brown and Brown gave a report to the
Commission on the city's insurance coverage for the new
year. Each CommlsB1oner had received a booklet detaillng
cost and coverage in~ormation for the varlOUS lnsurances.
Mr. Enlow explained briefly that the new premium, excluslve
of workers' compensation, would have been $162,508 with the
Traveler's Insurance Company but if the city opted to go with
PENCO <Hartford Insurance Company) they would save a
substantial amount with a premium of $118,096. Mr. Enlow
Sdld the city would also save money this year in reference to
the workers' compensation coverage by changing to a retentlon
program. The Florida League af Citles' premium renewal
would have been S109,000. With the new program the cost
would vary depending upon the number of claims. The city
could save more than $16,436 with the new earned retention
premium.
Mayor lson said staff and the consultants were looklng for
approval of ti,e recommendations to go with the new insurance
plan coverages. Commissioner Bateman moved to approve staff
recommendations, Commissioner Johnson seconded, and approval
was unanimous. Commissioner Dabbs was absent for the vote.
e
Mayor Ison announced that there would be a candldates'
forum
L
I=) a ';l ',2- "3
City Commisslon Meeting
e October 4, 1 '382.
at the Windermere Elementary School on October 27, 1988 from
7:30-9 p.m. Candidates planning t.o attend included Sherl~~
candidates Terry Jamee and Walt Gallager and Orange County
Comm1ss1oner candidates Vera Carter. C~eryl Moore, Hal
Marston, and Larry Herr1ng. The ~orum was to be sponsored by
the Windermere P.T.A.'s Legislative Committee.
CommiSSioner Bateman
Kiwanis Club would
Walmart department
10 a.lTl.-4 p.m.
wanted to mention that the West
be registering people tD vote
store on Saturday, October
Orange
ai~ t.he
8, from
Mayor Ison commented on the Withers-Maguire House Birthday
Celebration that was held Saturday, October 1, on the grounds
of the house. He said many people enJoyed the dunk tank and
the tours of the house and he thanked the Historical
Commission for putting together a good program.
Mayor leon said for the record that Com~lssioner Dabbs had
arrived (8:05 p.m.).
4It APPROVALS - CONSENT AGENDA
Mayor Ison announced that Mr. Denig of Denig's Donuts had
'w'.l thdral,.;'n hie. request. :for use of the Communi ty Center on
October 29, 192.8. Mayor Ison also commented that Items J and
K were Resolutions and although the agenda had them down for
first readings, they did not requ1re first and second
readings like ordinances did. Commissioner Johnson moved to
approve the Consent Agenda as amended, Commissioner Bateman
seconded, and approval was unanimous. City Manager Ryan read
Ordinance 88-33 by title only as well as Resolution 82.-14 and
l\;..?!:\col.ution 88-16 by title only.
OLD BUSINESS
-
PUBLIC HEARINGS
Second Reading - Ordinance 88-32, Sewer-Water Capacity Sales
City Manager Ryan read Ordinance 88-32 by title only for the
second reading. Assistant City Attorney Woodson said the
Commission had received a revised copy of the ordinance that
reflected changes discussed in a meeting with Stanley Cohen,
the city's ~inancial consultant, Tom Kelley, the citY~B
engineering consultant, the Assistant City Attorney and City
Manager along with other interested parties <developers). A
number of the suggestions for changes were incorporated but
Attorney Woodson did not consider any of them substantial.
:3
e
P.~4;1e. 4
C:lty c:omffi18sion Meeting
October 4, 1988
5ince th~t meetins. Attorney Woodson s~id he had received a
number of additional suggestions for changes and wanted to
review those with the Commission.
On Page 4.
to "from"
':::':r:pense:s.
fund.
in Section 22- 32. the wOi'd "to" should be changed
aft.er the phrase "to recover operating coste and
required debt service. to the general revenue
()n Pa'~fe 8, :::;ectlon 22-45. the word "off-slte"
ellmlnated throughout the paragraph.
should
be
()n 1='.::1ge 10, 2n Sect.ion 22-62. the word "to" e,hould be
changed to "fi'om" after' the phrase "contr ibutlon~'. to renewal
and replacement funds, and allocations ~2 the general rev,:::,nue
fund. "Al so on Page 10. Sect-ion 22-63A was added but
the second sentence should be changed to read "Such wholesale
agreement shall be subJect to capital charges as provided in
this Ordinance." rather than "The Developer shall be
responsible for capital charges as provided in thlB
Ordinance."
-
On Page 14, the title of Section 22-71 should read
DeE.ign by the City's engineer".
"Syst.em
On Page 15, in Section 22-74, Paragraph (e)
"paragraph" should be changed to read "section".
the word
()n Pal;jeB 15 and 1f" Section 22-75, the word "off-site" should
be eliminated throughout the section. Also on Page 16 in
3ec:t~on 22-75. the word "be" should be eliminated after tr.e
phra8,':::' ",~fter which time any Por-ticln ot- the refund not". In
that eame Section, the last word of that paragraph waB
rnie.spelled. The word should read "improvements".
On Page 17, in Section 22-94. Paragraph (a) should Btart
"The city" ~9~ "The county". Aleo on Pag€, 17, in Section
95, references should be to water, not to sewer.
C1Ut..
""}')-
"--'--
Attorney Woodson
f1nanc1ng aspect.
combination of both
submltted to the city
Pl'oposed
met_hod of
[)evel oper-" B
said the maJor change made wae in
The revised ordinance would allow for
cash and a letter of credit to
as payment. Attorney Woodson said
Agreement wae mor-e specific on
the
a
be
t_he
thie.
financing.
-
Attorney Woodson Baid the Mayor had directed him to lool~ into
the financing methods of both Orange County and Orlando.
Orange County accepts either cash or a letter of credit but
4
::l..:iqt= ~I
''':.: l t. ''/ C:''::.I1i Ht i~.s i c.n M ee t_l. n 9
e C!ctc."!:-)er -4, 1 g3f:1
the language in its ordinance was not specific as to the
percentage tied to the letter o~ credit. Orange County's
recent practice, however, has been cash only. Dcaee's
proposed ordinance would require cash payment for the first
year's necessary capacity with either a 20% cash down payment
or a 20% letter of credit ~or the remain1ng balance.
Attorney Woodson sa~d there were two lSBues raised by
developers. The first issue wee in reference to Section 22-
96 where it said that no transfer of capacity could be made
for conslderation greater than the transferor's initial
water capital charge. The city had included that language to
keep people from making profits off of capacity purchases.
The developers had asked that they be able to transfer at
the going rate, whatever that amount might be. rather than at
the rate when they purchased the capaclty. Attorney Woodson
said as the ordinance was written, they would have to sell
the capacity at the price they paid for it whether it was
Bold to another developer or bac~ to the city. Staff
recommended that the Commission keep the present ord1nance
language so as not to encourage speculation in capacity
e
8.~le8.
Attorney Woodson said the developers had aleo asked to
the term of allocation of permits from seven to 15
The term had previously been changed from five to
'~,;,'~:,.rr:::';.:,.. ~-:-~>:.:-,[~~~ iYI.6~'.r!~:nl...(.::-,:rl~:trB t: 't;b'.h""'i'tM:. !-:.,'i-Lt!: :t(~'l':!nl. )rl.I~=t"~-uL:iJn :-,r~~
change
year!:!>.
seven
S:.;. '-.~ e:"'~
years.
The Mayor said the Commission would f1rst have to vote on
amending the ordinance to incorporate all the changes and
then move to adopt the ordinance on s~cond reading. City
Manager Ryan said he had one more point for the record before
the vote. He recommended that the city include language that
would maKe 1t pOBs1ble to vary the percentage on the letters
of credit from developers. City Manager Ryan said he and
Stanley Cohen felt the city should be able to require
whatever amount was needed for sufficient funds for the
expansion. Attorney Woodson said the ordinance dS drafted
already provided for that flexibility.
Commissioner Bateman moved to amend Ordinance 88-32,
Commissioner Hager seconded, and approval was unanimous. A
roll call vote was taken and all voted in favor of the
mot10n.
e
Mayor Ison opened the public hearing
ordinance. R.P. Mohnacky, 1820 Prairie
wanted clarification on the capacity sale,
on the amended
Lake Boulevard,
what it would
~
"-)
.
P89~ ~
Clty CQmm~s5ion Meeting
October 4. 198B
involve, and whether or not people presently on septic would
be ~orced onto sewer i~ the city overbuilt its capacity.
Mayor Ison explained that the capacity sale was to inquire o~
developers how much capacity would be needed so that the city
would not over or under estimate the amount. Mayor Ison said
the present Commission could not answer his question about
what would be done in the ~uture but that this Commission
would not vote to require residents on septic to switch to
City sewer. There being no further public comments. Mayor
Ison closed the public hearing. There were no Commission
comments. Commissioner Dabbs moved to approve Ordinance 88-
32. Commissioner Bateman seconded. and approval was
unanimous. A roll call vote was taken and all Commissloners
voted ~n ~avor o~ the motion.
Attorney Woodson said the city would be accepting
letters of credit at the capacity Bale and that the
~epartment should prepare to have a special account.
cash and
Finance
e
Attorney Woodson also wanted to mention an issue that
Commlssioner Dabbs had brought to his attention. On Page 6
of the Developer's Agreement. Section 3.2 states that the
city would review plans and specifications within 60 days and
review revlsed plans within 30 daya. A sentence waB also
lncluded to state that if plans were not approved or
disapproved within these time periods then the plans wou~c
automatically be deemed approved. whether or not staff had
bEen able to complete the review process.
Attorney Woodson said the developers had asked for a shorter
turnaround time. Commissioner Dabbs was concerfle~ about the
provision that the plans would be considered approved if the
timeframes were not met. regardless of whether staff had time
to review them or not. He suggested that the sentence be
deleted. Sta~f and the other Commissioners a~reed.
City Attorney Rosenthal said even if the sentence was
deleted. if the city did not abide by the timeframes, the
outcome would still result in a default by the clty and
developers could take the city to court and probably get a
ruling of approved plans by default.
.
Commissioner Bateman said the cit.y should not
timeframes in the ordinance because it would allow
dangerous poaslbility of having something approved
staff reVlew. Mayor Ison proposed new language in
sentences that referred to the timeframes. Rath~z
stating that "The Utility shall review, and
approve. II within 60 days (or 30 days for
lteep
for
tt~e
the
without
the
two
thafl Juet
reJect
or
the
revised
6
:;)d'~.it2-
C:Lt_y Ce'fiITft15f'UOn Meetin']
~ October 4, 1988
pl;:lns), Mayor I son sU9gest.ed li'lnguoge that "The lIt i 1 it. Y shell 1
use its best efforts to review, and reJect or approve.
in reference to both the 60 and 30 day timeframes. City
Attorney Rosenthal and Attorney Woodson said they would
revise the language and delete the sentence that said any
plans not approved or reJected within those time periods
would be deemed approved. Attorney Woodson said he would
have the ordinance revised and mailed out early next week.
City Manager Ryan recommended that the capacity sale
delayed one month in order to give developers adequate
to arrange for financing. It was tentatively scheduled
take place on November 10 or 11 or thereabouts.
bE,
tillle
to
COMMENTS FROM CITIZENS/PUBLIC
e
Jim Sills, 205 S. Lakeshore Drive, Ocoee, approached the
Commission to ask about the increase in his occupational
license fee. Mr. Sills. owner of D.J.'s Auto Sales, said he
was representing the downtown business owners with their
concerns about the increase in the fees. He asked how the
city came up with the figures, 80me of Which had doubled over
last year. City Manager Ryan said the city had recently
passed a newly-revised occupat~onal license ordinance that
allowed the city to Bet the rates at the highest allowed by
the State of Florida.
CommiSSioner Johnson said he had received several calle from
business owners and had done some research to compare area
cities' rates with Ocoee and found that Ocoee's was higher
than all of them. He suggested that the Commission lake
another look at this and for staff to do a more detailed
comparison of other cities in the area. Mayor Ison directed
staff to come up with some figures and to bring it back to
the. COlflmise.ion at its next meeting t.L' tl'Y to 9'~t. t.he, f,roblelfl
corrected as soon as possible. City Manager Ryan said the
licenses had already gone out and that the businesses would
have to pay them as scheduled. If the Commission voted to
lower the rates at a future time, a refund would then have to
be made for the difference.
e
Commissioner Bateman cautioned the other members of the
Commission that they be careful in their comparisons with
other cities. He said Ocoee could not compete with the rates
of cities such as Apopka and that he felt Ocoee should be
more in line with Orange County or Orlando. Mr. Sills said
he was only asking that the Commission reconsider their
PBg~ 6
e
Citv Commisslon Meeting
October 4, 1988
decision and to take another look. City Manager Ryan said he
WOUld have Bta~~ correlate a comparison.
Clty Attorney Rosenthal said the city had already passed the
oralnance and wanted t.o strese that the staf~ was obl~gated
to send out the invoices for the occupational licenses and
that the businesses were obligated to pay them on time. He
re~terated that fact that if a change was made and the fees
were decreased, a refund process would then have to take
place. He did not want business owners to ~eel that because
the fees were under consideration, they should hold off on
pay~ng the invoices until a decision was made. Mayor Ison
directed the City Manager to put the item under Old Business
an the next agenda to discuss the staff~s research. Jim
S111s was to meet with the City Manager to discuss any
further questions the business owners had on how the
individual fees were determined, etc.
e
Pat Gatley, 701 E. Lakeehore Drive, Ocoee, said she ran an
art business in the city and was also at tile meeting to
discuss the occupation license fee increase. Ms. Gatley said
her ~ee to the City of Ocoee was $150 and was only S52 for
Orange County.
Steve W~x, 1524 Ison Lane, Ocoee, said he was an engineering
consultant and worked out of his home. He said hie fee this
year in Ocoee was S140 and that the same licenee in Orlando,
Altamonte Springs. and Winter Park would only cost about
5100. He Baid he had first applied for his license in May
and had Just received it almost six monthn later. He
suggested that the process should be streamllned.
Ronald Suhm, 905 Sabr1na Drive, Ocoee, owner of Suhm's
Sharpen1ng Service. sald hie llcense had doubled to Sloa this
year and he only had a one-man buaineSB. He ask0d abGut the
sign that was to be placed on S.R. 50 acknowledging the
historic downtown business district and commented that the
Sign mlght help businesses that were struggling downtown.
Mayor Ison said Mr. Sllls had submitted drawings for a Sign
but that intersect10n improvements were still taking place at
S.R. SO and Old Winter Garden Road and the sign would not be
able to be put up until that was completed.
e
Wes Stout. 1803 Little Spring Hill. Ocoee, owner of Stout
Slgns, said his license fee had gone from $50 to $100 this
year and that sign permit fees were also high in the city and
the combination had really hurt him. He asked if the
Commission would also consider lowering the perrolL fees for
putting up signa. He sald he would be interested ~n seeing a
8
e
e
e
~' .~ q I.?- '''i
City Comml39ion Meeting
fJc:::tc)t_ler 4. 1 <3,g.g
comparison of sign permit fees in the surroundinq area. City
Attorney Rosenthal said permit ~ees for signs were raised
from 15 cents ($.15) to $1.00 per square foot. Mayor Ison
directed staff to look into both the sLgn permit fees and the
occupational license fees and report back to the Commission
at the next Commission meeting.
Doug Rush, 1613 Prairie Lake Boulevard, approached the
Commls81on regarding the building o~ a home by Catalina Homes
at 1401 Prairie Lake Boulevard in the Forest Oaks
subdivision. Mr. Rush said Catalina had applied for a
variance in April 1987 but was turned down by the Board o~
AdJustments and subsequently by the C1ty Commission on May 5,
1987. He said he was told by Harvey Nagel. BUilding
O~~icial, that a building permit had been pulled for
construction of a home an the site but that it had been
reneged due to Citizen complaints. Mr. Rush said the
intersection of A.D. Mims and Prairie Lake Boulevard was
already a very dangerous intersection and that he felt the
house would make it even worse.
C:~"':.y "Man':?lger Ryan ::<.aid the bUildin';1 pt~rn1it_ had not_ beE'n
pulled back and that the variance Mr. Rush was re~erring to
was appliE'd for by CatalLna to allow for a larger home than
what would ordinarily be allowed on the site because of
setbac~ regulations and not for the sole purpose to build on
the site. City Manager Ryan said the property was a lot of
record in the subdivision and as long as the owner met the
setbacks and other requirements, the city could not stop the
home from being built. Mr. Ryan said staff could not find
any documentation to substantiate Mr. Rush's claims that the
city denied any building from taking place.
Mayor Ison said it sounded as if the builder met the setback
requirements and the building could take place. CommissionE'r
Bateman said he agreed with Mr. Rush and that he thought he
remembered the bUilding being denied. Mr. Rush said if the
bUilding was allowed to take place, it would cost the city
and the taxpayers more in the Euture when A.D. Mims was
widened to have to buy the land with a house on it.
Commissioner Dabbs asked if the lot was large enough to allow
for two 25-foot setbacks. He asked staff whether or not the
new house bu i 1 t -:it ttle corner Ijf Bl uf o1'"d and Or 1 ando A venuee
met the setback requirements. He said it looked to him as
though it did not. He wondered if a variance was granted.
City Manager Ryan said he would look into it and report back
to the Commission.
9
.
Page 10
City Commission Meeting
October 4, 1988
R.P. Mohnacky, 1820 Prairie Lake Boulevard, Ocoee, agreed
with Mr. Rush that the intersection at A.D. Mims Road and
Prairie Lake Boulevard was a dangerous one. He asked the
Commission if a white line could be painted at the end of
Prairie Lake Boulevard to give some sort of indicator as to
where cars should stop from moving too far out into A.D. Mims
Road. He said it was usually necessary to pullout further
than was safe due to a tree blocking the traffic coming from
Ocoee and several mailboxes and heavy vegetation blocking
traffic approaching from Apopka-Vineland Road.
e
Mr. Mohnacky also asked about getting a possible stop sign on
Wurst Road at the railroad tracks where Wurst Road turns into
A.D. Mims Road. Commissioner Johnson said one had been
installed at one point but was taken down for some reason.
He said he felt it should be put back up to allow for school
and neighborhood traffic to exit the area easier. Mayor Ison
asked Buddy Elmore, Street Department Supervisor, to get with
the Department of Transportation to work out a solution to
the problem. Mr. Mohnacky also wanted to report that there
was a stop sign at the intersection of Wurst Road and Adair
Street that was on the wrong side of the road that he felt
should be changed so that motorists would not proceed without
stopping.
that
Mohnacky also had a question about the special meeting
was to take place on Thursday night regarding Clark
He said he did not think he would be attending the
but wanted to express his views that the road should
built by developers and new growth.
Mr.
Road.
meeting
be 100%
REPORTS AND INFORMATION - CITY MANAGER
City Manager Ryan said he had no further comments on any
items.
CITY ATTORNEY
City Attorney Rosenthal said he had nothing further to report
on at this time.
e
COMMENTS FROM COMMISSIONERS
Commissioners Johnson, Dabbs, and Hager had no comments.
Commissioner Bateman repeated his request made several months
ago to City Manager Ryan that he thought a new condition
should be put in Developer's Agreements to allow for
compulsory payment of dues in home owners' associations.
City Manager Ryan noted the comment.
,
P<:'.1I~E.' 11
City Comm1Bsion Meeting
Cic-:.e,te:r 'i, 1 '381:'.
Mayor Ison asked about an occurrence that had taken place
regarding illegal dump~ng of sewage by another company lnto
the city's system. He suggested that the Cornmisslon pass an
emergency ordinance to deal with this situation to have the
company prosecuted to the fullest extent allowed by the law.
City Manager Ryan said the City had already negotiated a deal
with the company to carry thirty times what they dumped into
the Ci.ty ;system.
Mayor Ison said he met with representatives of Orange County
regarding the proposed Sawmill subdivision and the problems
concerning the turnlane and the sidewalk. Commissloner
Dorman and Mr. Cole said there was not enough right-of-way to
accommodate a turnlane. Mayor Ison directed sta~~ to
communicate to representatives of Sawmill that they would
need to acquire more land since the city was not willing to
do away with either the turn lane or the sidewalk requirement.
--
Mayor Ison said he also heard that representatives of Sawmill
~ere 3eeking a zoning change. City Manager Ryan said they
~ad advertised the requested rezoning for a higher density.
Mayor Ison said he remembered the land in question as having
been zoned for 1/4 acre lots. City Manager Ryan said the 40
acre ~ract oi land in question WBe being petitioned to be
rezoned to R-2 density and that staf~ accepted the petition
since the owner had the right to petition but said that that
d~d not mean that Bta~f agreed with the concept.
Comm~Bsioner Dabbs disagreed with the City Manager. He said
the subdlvls~on was approved ~or 541 total units and that
rezoning that area to a higher denSity would raise the
maximum number to a higher amount that what the Commlssion
approved. He said the explanation o~ the 541 units that the
developer gave 1n August 1987 was that it represented 1/~
acre lots, except ~or the buffer lots which would each be one
acre. Commissioner Dabbs wanted the record to show that was
his understanding wh~n he voted to approve the zoning back in
1987. Commissioner Dabbs said that the Developer~s Agreement
was also signed as 1/4 acre lota and that density should
remain whether or not the land gets bought out by another
devmloper or not.
.
City Manager Ryan said that during the negotiations wlth
Orange County, the County wae concerned with buf~er lots,
etc. and that the settlement agreement left the remalnder o~
the zoning up to the City. He Baid the flnal vote would
8till need to come be~ore the Commi8sion.
11
.
e
.
~
;~ a l~1 Eo 1 :2
C~ty Comm12s~on Meetlng
October 4, 1'388
Commissioner Bateman asked whether the Commission had the
option of declining the rezoning request and rezoning lt
something else. Attorney Rosenthal sald the Commlsslon could
only approve or disapprove of the rezoning request, but could
not rezone the land In another classification. He said t.he
land would remaln 1n the present zoning classification if the
request was denled. Commissioner Dabbs asked why the
Commission was Just hearing about the rezoning petition now
and why they had not been notified sooner that this could be
an iSBue. City Manager Ryan saId the former City Attorney
and the developer had discussed the matter but that the city
staff was never involved directly ~n the negotiatlons. Mayor
Ison directed City Manager Ryan to communicate to the
developer that it would be a waste of time and money to go
through with the petition since the Commission would not
increase the density. City Attorney Rosenthal explained that
he could not give his opinion on the matter because he had
not had a chance to diseuse the ~aterial With staf~ and
needed answers to some questions. He said he had looked at
the settlement agreement and that because the paragraph where
the 40 acre tract was discussed was not referenced in the
density classifications, they did have the right to petition.
Attorney Rosenthal said, however, that the total number o~
units in the agreement was a maximum of 541 including the 40
acre tract. Assistant City Manager Finch said that rezoning
that tract as the petitioners desired would provide for
duplexes which would double the dene~ty 1n that area and
would bring the development Just over the alotted total unit
amount. City Manager Ryan said staff accepted the petition
only because the developer had the right to petition and
would not recommend a change in density. Mayor Ison said to
let th~m petition but that tbe CommiBeion would deny the
1.e(-1U~gt .
~here were no further comments.
ADJOURNMENT:
10 p.m.
2L
------------------.-----
MAYOR
ATTEST:
~.
1 r,
..:..