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HomeMy WebLinkAbout11-22-88 SS (2) . . . MINUTES OP OCOEE CITY COMMISSION SPECIAL SESSION HELD NOVEMBER 22, 1988 The special session was called to order at 7:16 p.m. by Mayor Ison in the Woman's Club House. Commissioner Hager led in the prayer and pledge of allegiance to the flag. PRESENT: Mayor Ison, Commissioners Bateman, Dabbs, Hager and Johnson, Acting City Manager Finch, Assistant City Attorney Woodson and city Clerk Grafton ABSENT: None Mayor Ison announced that the results of the run-off election being held today for Commission Seat #4 will be announced as soon as the elections clerk delivers the count to him. SPECIAL STAFP REPORTS Acting City Manager Finch asked that the following two items which are bids for the Senior League Field be declared emergency items in order for commission to act on them as they were inadvertantly omitted from the agenda. Non-Agendaed Items: Bids for sodding Senior Leaque Field Acting city Manager Finch reported that the only bid received for sodding the Senior League Field was from Green State Grassing in the amount of $10,125 (which is in line with the estimate). commissioner Hager moved to award the bid to Green State Grassing. Commissioner Bateman seconded and motion carried with unanimous vote. Bids for Fencing Senior Leaque Field City Recreation Director Beech advised that he had just learned that the specs were not clearly defined in all the bid packets. Assistant City Attorney Woodson stated that the items should be put out for rebid, and staff was so instructed. occupational License Fees Acting City Manager Finch had provided a worksheet showing the occupational license old rates vs new rates and the number of businesses licensed under each category. He advised that, as the budget has been developed using those fees, it would be necessary to reduce expenditures also should any change be made, and he strongly recommended that no change be made. Commissioner Johnson still wanted some of the rates reduced. At this point the elections clerk presented the results of the run-off election_ See next paragraph. Commissioner Johnson stated, in response to the citizen who criticized Commission at the last meeting for doing their homework after the ordinance was passed, that he received his packet on Saturday and went on Monday, his day off, to 3 neighboring cities and brought their occupational license schedules back for the city manager to use as reference in preparing a chart to be used by Commission in making a decision on Tuesday night. ~..J '. paqe 2 city Commission Special Session November 22, 1988 He stated further that the information provided at this meeting was the first time the requested chart had appeared for their use. Mayor Ison stated that, beginning in January, a new format would be initiated whereby Commission will hear citizen matters at the first meeting in the month and developer matters at the second meeting in the month. He said it would be appropriate to defer this matter until the first meeting in January so that staff could go after any deficiencies and the needed research could be done. Mayor Ison pointed out that he had already noted that telephone companies, water/sewer treatment companies, electric power companies, cablevision, real estate brokers, and theaters are not being charged occupational licenses and they should be. Commissioner Bateman said that he was accustomed to seeing businesses charged rates according to quality/quantity of work and what has been done with our fees is just to multiply a possibly already unfair rate. staff was instructed to revamp the list with input from Commission for the first meeting in January. ELECTION RESULTS ANOUNCED Candidate Combs Candidate Murnane Precinct 99 143 202 Precinct 100 361 180 Total 504 382 - Mayor Ison announced that when the 24 absentee ballots are counted they will not make a substantial change in the results; and so he congratulated Mr. Combs and commended both candidates for the manner in which the campaign was conducted. The Canvassing Board, consisting of Mayor Ison and Commissioners Bateman and Hager will meet Wednesday at 12 Noon in the conference room to count the absentee votes and officially declare the winner. PUBLIC AUCTION OF SURPLUS ITEMS SCHEDULED FOR DECEMBER 3, 1988 Acting City Manager Finch announced that a public auction for surplus items will be held December 3, 1988 at 8:00 a.m. at the city garage. commissioner Johnson moved to dispose of certain surplus items owned by the City by placing them on sale after proper advertising and following legal procedures. Commissioner Dabbs seconded and vote was unanimous in favor. COMMENTS RE: TRAFFIC CIRCULATION ELEMENT, CONSERVATION ELEMENT, RECREATION AND OPEN SPACE ELEMENT, AND POPULATION PROJECTION ELEMENT Planning Director Behrens presented the initial work elements that have been prepared to go to the Department of Community Affairs and asked for any changes that need to be made before submittal. Mayor Ison announced for the record that there will be future workshops also as this is an ongoing project. - . . . paqe 3 City commission special Session November 22, 1988 1. Traffic Circulation Element - Commissioner Bateman stated that he had a problem with the extension of figures beyond the year 2000 as he feels that they are estimated too high. Mayor Ison said that they should go ahead and submit with a disclaimer that the plans have not been fully reviewed and reserve the right to make corrections in 30-60 days after the planning staff has been on board longer. Planning Director Behrens pointed out that in the traffic circulation element the figures are higher because a larger portion of land is being considered than just Ocoee city limits. Commissioner Dabbs asked at what point did P. E. C. go to the computer. Mr. Behrens deferred to Mr. Tom Kelley, P.E.C., who explained that Bob Campbell was in charge and that he had used figures former Planning Director Russ Wagner had provided before he left the City, along with the projections from the University of Florida and the East Central Florida Regional Council. Mayor Ison said that soon our own staff will be in a position to do the projections using the actual development figures rather than leaning on a university survey. In order to finish the product on traffic that Mr. Campbell is scheduled to produce Mayor Ison asked Mr. Finch to set up a workshop with Mr. Campbell and the Commissioners. Commissioner Bateman stated that we need to consider not having an impact fee in order to attract more companies like Sysco and Wal-Mart, which generate jobs for citizens. Mayor Ison pointed out that on Page 41 of the study, "Recommended stage Development," which indicates that of the $16.9M projected cost of development $3.9M will be borne by the City and $13.0M by developers, it will be his goal to see to it that developers will pay 100% of their share. He then asked Assistant City Attorney Woodson to include a statement in the developer agreements (and if it is not included in the agreements let the record show) that the City reserves the right to negotiate transportation impact fees and off site improvements regardless of any other statements that may be in any other existing developmental agreement. Assistant City Attorney Woodson stated that there are currently 2 types of agreements, the agreements which were drawn up last year are specific and the standard agreements which he drew up this year refer to Interim Transportation Ordinance No. 88-21 which includes that provision. The entire planning staff was commended for doing a good job and especial appreciation was expressed to City Recreation Director Jim Beech for the excellent recreation program he has conducted since he has been in charge of the department. . .- . Page 4 City Commission special session November 22, 1988 PROPOSED ORDINANCE NO. 88-69 - EXTENDING TIMES FOR SALES OF ALCOHOLIC BEVERAGES ON NEW YEAR'S EVE - FIRST READING Acting City Manager Finch read the title only of Ordinance No. 88- 69 and announced that the second reading and public hearing will be held December 20, 1988. PUBLIC HEARINGS- SECOND READINGS FOR COMPREHENSIVE PLAN AMENDMENTS, REZONINGS AND DEVELOPMENT AGREEMENTS MOREMAN, SHEPPARD, MURRAY AND DAVIS PETITION ORDINANCE NO. 88-35 (CASE NO. OlC-88) -COMPREHENSIVE PLAN AMENDMENT Mayor Ison opened the public hearing for the ordinance for the plan amendment for the Moreman, Sheppard, Murray and Davis petition, and as he explained that the tract was a 27 acre parcel of land located on Geneva Street, Senior Planner Harper pointed out the location on the map. There were no citizen or commissioner comments. Assistant City Attorney Woodson advised that there is a requirement in the comprehensive land use planning and zoning procedure that provides that the property owner must submit evidence of title. He stated that he is up to his knees in title opinions and, as he is not yet comfortable with the information provided for him, he requested that the motions include a statement "SUbject to evidence of title." The public hearing was closed. Commissioner Dabbs moved to adopt Ordinance No. 88-35 subject to sufficient title evidence being in the hands of the city attorney. Commissioner Hager seconded and the motion carried unanimously. The roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. The title only of this ordinance was read after the next item (Ordinance No. 88-36) was completed and Acting City Manager Finch called the omission to the attention of Commission. ORDINANCE NO. 88-36 (COMMERCIAL) (CASE NO. 04R-88)-REZONING TO C-2 Acting City Manager Finch read the title only of the ordinance to rezone property as requested in the Moreman, Sheppard, Murray, and Davis Petition. Mayor Ison opened the public hearing. David Outlaw, representing Lake Bennett Limited Partnership, Zom Companies, requested permission to sit with the board and staff when the buffers and setbacks are determined and Mr. Woodson advised that the Lake Blanchard and the Moreman, Sheppard, Murray and Davis development agreements have been withdrawn. Commissioner Bateman stated that in order to eliminate the problems coming before Commission now the setback issue should be worked out between staff and the developers before the matter comes before Commission. Mr. Outlaw was assured by all that when the time comes to deal with that development agreement again, Commission will give . . . Page 5 city commission Special session November 22, 1988 Zom the same consideration because they will be working toward equity among the developers. The public hearing was closed. Mayor Ison stated that the staff recommends approval of the rezoning with 27.5 acres designated R-3 MUlti-family zoning and split C-2 Community Commercial zoning for 1 acre portion of the tract lying south of Maine street. This ordinance applies only to the commercial tract. Commissioner Bateman moved to approve Ordinance No. 88-36 subject to petitioner providing sufficient evidence of ownership to the city attorney. commissioner Johnson seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ORDINANCE NO. 88-37 (CASE NO. 01C-88)-COMPREBENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for Moreman, Sheppard, Murray and Davis plan amendment. Mayor Ison opened the public hearing and there were no comments from the public or from the commissioners. Public hearing was closed. Commissioner Dabbs moved to adopt Ordinance No. 88-37 subject to the petitioner providing the city attorney with sufficient evidence of ownership. Commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ORDINANCE NO. 88-38 (CASE NO. 04R-88) (RESIDENTIAL)-REZONING TO R-3 Acting city Manager Finch read the title only of the ordinance to rezone a parcel as requested in Moreman, Sheppard, Murray and Davis petition. Mayor Ison opened and closed the public hearing without comments from citizens or commissioners. commissioner Bateman moved to adopt Ordinance No. 88-38 subject to the petitioner providing the city attorney with sufficient evidence of ownership. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. AREHAR, INC. PETITION ORDINANCE NO. 88-39 (CASE NO. 02C-88)-COMPREBENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for plan amendment as requested by Anemar, Inc.. Mayor Ison opened the public hearing. Steve Dill, 738 Highland, requested that the ordinance when passed remain consistent with the ordinance when first presented. There were no further comments made and the public hearing was closed. Commissioner Dabbs moved to adopt Ordinance No. 88-39 subject to the petitioner providing the city attorney sufficient evidence of ownership. Commissioner Bateman seconded and motion carried with unanimous vote. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ,. paqe 6 City commission special Session November 22, 1988 ORDINANCE NO. 88-40 (CASE NO. OSR-88)-REZONING TO R-1-AA Acting city Manager Finch read the title only of the ordinance to rezone a parcel as requested in the Anemar, Inc. petition. The public hearing was opened and closed without citizen or commissioner comment. Commissioner Johnson moved to adopt Ordinance No. 88-40 subject to the petitioner providing the city attorney with sufficient evidence of ownership. Commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. YUSAF KOHAMAD PETITION WAS WITHDRAWN BY PETITIONER -(CASE NO. 06R-88) WAYNE ATWOOD PETITION . ORDINANCE NO. 88-42 (CASE NO. 04C-88)-COKPREHENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for the plan amendment as requested in the Wayne Atwood petition. The public hearing was opened and in response to Mr. Mohnacky's request, Senior Planner Harper pointed out the location of the parcel on the map. Public hearing was closed without further comment from citizens or commissioners. commissioner Dabbs moved to adopt Ordinance No. 88-42 subject to the petitioner submitting to the city attorney sufficient evidence of ownership of the property. Commissioner Johnson seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ORDINANCE NO. 88-43 (CASE NO. 07R-88) - REZONING TRACT A TO R-1-A Acting city Manager Finch read the title only of the ordinance rezoning a parcel as requested in the Wayne Atwood petition. The public hearing was opened and Mr. Mohnacky asked what it was being rezoned to. Senior Planner Harper pointed out the 4.5 acres (Tract B) portion right next to Lake Johio that would be zoned R- l-AAA and the balance of 6 acres (Tract A) would be R-l-A. The public hearing was closed. Commissioner Bateman moved to adopt Ordinance No. 88-43 subject to the petitioner providing the city attorney with sufficient evidence of ownership. Commissioner Hager seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ORDINANCE NO. 88-44 (CASE NO. 07R-88)-REZONING TRACT B TO R-1-AAA Acting city Manager Finch read the title only of the ordinance to rezone as requested in the Wayne Atwood petition and advised that . . . . paqe 7 City commission special Session November 22, 1988 the requested zoning for Tract B was R-l-AAA. The public hearing was opened and closed without comment from citizens or commissioners. commissioner Hager moved to adopt Ordinance No. 88-44 subject to petitioner sumitting sufficient evidence of ownership to the city attorney. commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. WAYNE ATWOOD - DEVELOPMENT AGREEMENT NO. D88-03 Mayor Ison advised that the statements made by Assistant City Attorney Woodson regarding sufficient evidence of ownership pertain to the development agreements as well as the ordinances. Acting City Manager Finch pointed out also that the requirements are for a 2 year warranty rather than a 1 year warranty. Mr. Woodson pointed out that in Section 2.2 he has incorporated the revision of setback approved in a previous meeting to 50' from the normal high water elevation. Commissioner Dabbs moved to approve the development agreement subject to the petitioner submitting to the city attorney sufficient evidence of ownership and with the amendment of a 2 year warranty in place of a 1 year warranty. Commissioner Bateman seconded and the motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. LAKE BLANCHARD PETITION ORDINANCE NO. 88-45 (CASE NO. 05C-88)-COMPREHENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for plan amendment as requested in the Lake Blanchard petition. He advised that this parcel is being reclassified as commercial, and pointed out the location of the parcel on the map as being on the west side of Lake Blanchard (previously known as Lake Bennett). The public hearing was opened and Mr. Outlaw said that his comments were already recorded under the previous petition from Moreman, Sheppard, Murray, and Davis. Commissioner Bateman repeated his comments that applied to that same case regarding the staff and developers going over the process and working out the problem issues before coming before Commission. Commissioner Bateman moved to approve Ordinance No. 88-45 subject to the petitioner submitting sufficient evidence of ownership to the city attorney. commissioner Johnson seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. "-.'J . paqe 8 City commission special Session November 22, 1988 ORDINANCE NO. 88-46 (CASE NO. 08R-88 - REZONING TO C-2 Acting City Manager Finch read the title only of the ordinance rezoning a parcel as requested in the Lake Blanchard petition. The public hearing was opened and closed without citizen or commissioner comment. Commissioner Johnson moved to approve Ordinance No. 88-46 subject to the petitioner submitting sufficient evidence of ownership to the city attorney. commissioner Hager seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. E.H. CROW PETITION . ORDINANCE NO. 88-47 (CASE NO. 06C-88)-COMPREHENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for the plan amendment as requested in the E.H. Crow petition. The public hearing was opened and when Mr. Mohnacky asked what density was involved he was advised that would be taken care of in the rezoning ordinance. The public hearing was closed without further significant comment. Commissioner Hager moved to adopt Ordinance No. 88-47 subject to the petitioner submitting sufficient evidence of ownership to the city attorney. Comissioner Dabbs seconded and the motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ORDINANCE NO. 88-48 (CASE NO. 09R-88)-REZONING TO R-l-A Acting City Manager Finch read the title only of the ordinance rezoning a parcel as requested in the E.H. Crow petition. The public hearing was opened and closed without comment from citizens or commissioners. Commissioner Dabbs moved to adopt Ordinance No. 88-48 subject to petitioner submitting evidence of ownership to the city attorney. Commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ROGER FREEMAN, TRUSTEE, PETITION . ORDINANCE NO. 88-49 (CASE NO. 07C-88) -COMPREHENSIVE PLAN AMENDMENT Acting city Manager Finch read the title only of the ordinance for plan amendment as requested in the Roger Freeman, Trustee petition and explained that the property is an 11 acre tract located on the west side of the Ocoee-Apopka Road about 1/4 mile north of where Palm Drive meets Ocoee-Apopka Road. The public hearing was opened and closed without comment from citizens or commissioners. Commissioner Batman moved to adopt Ordinance No. 88-49 subject to petitioner submitting sufficient evidence of ownership to the city attorney. commissioner Dabbs seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. . . . paqe 9 City Commission special Session November 22, 1988 ORDINANCE NO. 88-50 (CASE NO. 10R-88)-REZONING TO I-1 Acting City Manager Finch read the title only of the ordinance to rezone a parcel as requested in the Roger Freeman, Trustee petition and explained that the petitioner has requested I-I zoning. The public hearing was opened and closed without comment from citizens or commissioners. Commissioner Hager moved to adopt Ordinance No. 88-50 subject to petitioner submitting sufficient evidence of ownership to the city attorney. Commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ROGER FREEMAN, TRUSTEE-DEVELOPMENT AGREEMENT NO. D88-06 Acting City Manager Finch advised that in Section 2.10 the same 2 year warranty instead of 1 year warranty mentioned earlier applies to this agreement also, as well as the same comments made by Assistant City Attorney Woodson regarding evidence of title. Commissioner Johnson moved to approve the agreement including those stipulations stated. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ROGER FREEMAN, OWNER PETITION ORDINANCE NO. 88-51 ( CASE NO. 08C-88) -COMPREHENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for plan amendment as requested in the Roger Freeman petition and explained that the 5 acre tract is located on the east side of Ocoee-Apopka Road about 900' north of Silver Star Road. The public hearing was opened and closed without comment from citizens or commissioners. commissioner Johnson moved to adopt Ordinance No. 88-51 subject to petitioner SUbmitting evidence of ownership to the city attorney. Commissioner Hager seconded and motion carried with unanimous vote in favor. Roll call vote was: commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ORDINANCE NO. 88-52 (CASE NO. 11R-88)-REZONING TO I-1 Acting City Manager Finch read the title only of the ordinance to rezone a parcel as requested in the Roger Freeman petition and stated that the petitioner is requesting I-I zoning for this parcel. The public hearing was opened and closed without comment from the citizens or commissioners. commissioner Dabbs moved to adopt Ordinance No. 88-52 subject to petitioner submitting sufficient evidence of ownership to the city attorney. commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. . . . l Page 10 city commission special Session November 22, 1988 ROGER FREEKAN, OWNER-DEVELOPMENT AGREEMENT NO. D88-07 Assistant City Attorney Woodson pointed out that, in addition to the comments regarding the sUbmitting of evidence of ownership, further changes should be made to this agreement: On Page 1, Paragraph 1, delete language "free and clear of liens and encumbrances." Also, in Section 2.10 the extended warranty should be 2 years instead of 1 year. Commissioner Dabbs moved to approve Development Agreement No. D88-07 subject to the changes noted above. Commissioner Johnson seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. PEARL TERRY PETITION ORDINANCE NO. 88-53 (CASE NO. 09C-88)-COHPREHENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for plan amendment as requested by Pearl Terry and explained that the 20 acre parcel is located on the east side of what would be B.C.Terry Road. The public hearing was opened and Mr. J .H. Worsham, 266 Mileham Drive, Orlando, 32811, addressed Commission for his mother who owns a 20 acre parcel adjacent to this parcel and is concerned that her parcel will be landlocked by the agreements unless there will be a road provided by the developers. Lou Roeder, representing Phoenix Development Group, stated that they are developing the property just west of that property and they do have a north/south road as well as one that goes east/west that will transverse their property joining the Phoenix Development to the Lake Lotta Development. Mayor Ison pointed out that the Lake Lotta road was not a sure thing and Mr. Roeder was speaking only for the Phoenix Development portion of the road, as that was the portion that was on their site plan. The public hearing was closed without further comment from citizens or commissioners. commissioner Johnson moved to adopt Ordinance No. 88-53 subject to the petitioner submitting evidence of ownership to the city attorney. commissioner Hager seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ORDINANCE NO. 88-54 (CASE NO. 12R-88)-REZONING TO R-1-AA Acting City Manager Finch read the title only of the ordinance to rezone a parcel as requested in the Pearl Terry petition requesting R-1-AA zoning. The public hearing was opened and there were no citizen comments. commissioner Dabbs asked if the letter from Mr. Kazaros affects this action. Mr. Finch responded that it does not. The public hearing was then closed. Commissioner Hager moved to adopt Ordinance No. 88-54 subject to the petitioner submitting sufficient evidence of ownership to the city attorney. commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. . paqe 11 city commission special session November 22, 1988 . ORDINANCE NO. 88-55 (CASE NO. 10C-88) -COMPREHENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for plan amendment as requested by Phoenix Development Group and he stated that the parcel consists of 171 acres residential and 25 acres commercial property located on both sides of Maguire Road just north of Moore Road and Roberson Road. The public hearing was opened and Mr. Rocco Ralveny, 178 South Maitland Avenue, Altamonte Springs, 32701, speaking for the Orange County Planning Department, stated that the Orange County Commission directed their staff to express the Commission's objections: 1) The property is located in the County's rural service area and they feel that the uses planned for this development are too intense for the rural nature of the area. 2) The subject property, while it is outside the joint planning area agreement between the ci ty of Ocoee and Orange County, breaches that agreement. 3) Orange County is willing to work with both the developer and the City, but they recommend that this Commission deny the plans as presented. Mayor Ison asked staff if some of the development is outside the planning area on the map and Mr. Finch stated that the very easternmost portion was outside the dotted line. Mayor Ison advised that in the meeting with Orange County when the lines were drawn it was stated that the lines were tentative and they would be more clearly defined along property lines or section lines. He stated also that now that the elections are over another meeting with Orange County is in order. The public hearing was closed without further comment. Commissioner Bateman moved to adopt Ordinance No.88-55 subject to the petitioner submitting evidence of ownership to the city attorney. commissioner Johnson seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ORDINANCE NO. 88-56 (CASE NO. 13R-88)-REZONING TO P.U.D. Acting City Manager Finch read the title only of the ordinance to rezone as requested by Phoenix Development Group for their parcel located on the east side of Maguire Road. The public hearing was opened and Mr. Ralveny requested that the comments made for the previous item for Orange County be repeated here: 1) The subject property is located in the County's rural service area and they feel that the uses planned for this development are too intense for the rural nature of this area. 2) The subject property breaches the agreement between the City of Ocoee and Orange county. 3 ) Orange County is willing to work with both the developer and the City, but they recommend that this commission deny the plans as presented. Commissioner Hager moved to adopt Ordinance No. 88-56 subject to the petitioner submitting sufficient evidence of ownership to the city attorney. Commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. .. . . . Page 12 City Commission Special session November 22, 1988 PHOENIX DEVELOPMENT GROUP-DEVELOPMENT AGREEMENT D88-09 Mayor Ison opened the public hearing and noted that the same comments presented by Mr. Ralveny apply to this document as to the previous ones: Orange County objects to this development. 1) The subject property is located in the County's rural service area and they feel that the uses planned for this development are too intense for the rural nature of this area. 2) The subj ect property breaches the agreement between the ci ty of Ocoee and Orange County. 3) Orange County is willing to work with both the developer and the City, but they recommend that this commission deny the plans as presented. There were no further ci tizen comments and the public hearing was closed. After making sure that the city attorney had all the exhibits in his possession, commissioner Dabbs moved to approve the development agreement with the amending statement for section 2.11 extending the 1 year warranty to 2 years, subject to the petitioner submitting evidence of ownership to the city attorney. Commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. LAKE LOTTA LTD. PETITION ORDINANCE NO. 88-57 (CASE NO. 11C-88)-COMPREHENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance and stated that the 237.8 acre parcel is located north of SR50, south of White Road, and northwesterly of Lake Lotta. The public hearing was opened and Mr. Ral veny , 178 S. Mai tland Avenue, Al tamonte Springs, representing Orange County planning, stated that the County objects to this development for 2 reasons: 1) The subject property is not substantially contiguous as it is a finger-like extension. 2) The project proposes commercial usages which are not located at a major intersection and that proposal is inconsistent with the County's growth management policy which designates the site for mUlti-family. 3) The County would be willing to work with both the developer and the City of Ocoee to resolve these issues and the County recommends denial of the plan as presented. Mayor Ison stated for the record that this is no more a finger like extension than Metro West or the other areas where the city of Orlando and other municipalities have expanded their areas. As to commercial use, less than 8/10ths of a mile east of there Orange County has approved Dorchester development and the Bartow development on Hiawassee Road; on the north side of Highway 50 and west of Hiawassee Road those developers have negotiated for the use of that land and are putting up some type of commercial establishment. He stated further for the record that there is not a place on the east side of Highway 50 in Orange County that they have lived by this policy and that it appears that the County is . . . Page 13 city commission special session November 22, 1988 discriminating against the city of Ocoee and the City of winter Garden to try to deny both the right to develop Highway 50 into commercial land use. Mayor Ison also stated for the record that Orange County continues to bring up the Highway 50 study that we were not a part of and did not see until after it was finished. Mr. Ralveny said that he did not bring up that study because he already knew the City's position on the subject. Mayor Ison said that the study should nave been used on the other end of Highway 50 five or ten years ago rather than now. There were no further comments from the citizens or commissioners so the public hearing was closed. Commissioner Dabbs moved to adopt Ordinance No. 88-57 for the plan amendment for Lake Lotta, Ltd. petition subject to the petitioner sUbmitting evidence of ownership to the city attorney. commissioner Johnson seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ORDINANCE NO. 88-58 (CASE NO. 14R-88)-REZONING TO P.U.D. Acting City Manager Finch read the title only of the ordinance rezoning a parcel as requested in the Lake Lotta, Ltd. petition. The public hearing was opened and Mr. Ralveny's comments for Orange County were repeated: 1) The subject property is not substantially contiguous as it is a finger-like extension. 2) The project proposes commercial usages which are not located at a maj or intersection and that proposal is inconsistent with Orange County's growth management policy which designates the site for multi-family. 3) Orange County will be willing to work with both the developer and the City of Ocoee to resolve these issues and Orange County recommends denial of the plan as presented. Mr. Mohnacky asked that "P.U.D." be clarified in this plan. Mr. Finch responded. There were no further comments and the public hearing was closed. Commissioner Hager moved to adopt Ordinance No. 88-58 subject to petitioner submitting sufficient evidence of ownership to the city attorney. Commissioner Bateman seconded and motion carried wi th unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. LAKE LOTTA, LTD. DEVELOPMENT AGREEMENT NO. D88-10 Mr. steve Fieldman addressed Commission regarding the 2 unresolved items in the agreement: parks and recreation and the school site. The public hearing was opened and Mrs. Gretchen Jacobs, 9127 Queen Elizabeth ct., Orlando, speaking for the Rose Hill Homeowners Association, stated that they would prefer that the school site not be placed next to Rose Hill and she also asked that the points agreed upon at the last meeting will be included in the agreement. Mrs. Jacobs thanked Commissioner Bateman for his part in the negotiations. The public hearing was closed without further comment. Commissioner Dabbs moved to approve Development Agreement No. D88-10 subject to the following changes: 1) on the title . Page 14 City commission special session November 22, 1988 page change "Residential Communities of America" to "Lake Lotta, LTD., Inc.," 2) in Exhibit C, delete the sentence "Of this amount at least 18.3 acres will be recreation areas.", 3) in Paragraph 11 of Exhibit D, the dollar amount in lieu of park land will be $200,000, 4) in Paragraph 32 of Exhibit 0, change 1 year warranty to 2 years, 5) in Paragraph 36 of Exhibit D, revise by deleting current language with the city attorney developing language to address the following: 1) the developer satisfying the city's requirements as to providing a school site; 2) discussing with the School Board the provision of a school site, the term of years and the fair market value, and entering into a supplementary agreement. Commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. JEFFREY YEAGER PETITION . ORDINANCE NO. 88-59 (CASE NO. 12C-88)-COHPREHENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for plan amendment as requested in the Jeffrey Yeager petition. The public hearing was opened and closed without citizen comment. Commissioner Hager moved to adopt Ordinance No. 88-59 subject to the petitioner submitting sufficient evidence of ownership to the city attorney. Commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ORDINANCE NO 88-60 (CASE NO. 15R-88)-REZONE TO PS Acting City Manager Finch read the title only of the ordinance to rezone approximately 8.5 acres of the parcel to professional services as requested in the Jeffrey Yeager petition. Mayor Ison remarked for the record (directed to the Orange County representative and referring to the Lake Lotta acquisition) that at one time Rose Hill was included in the City of Ocoee joint planning area and the line did go straight north to south and there was no finger there. The line was moved after the County developed the houses there. Commissioner Dabbs moved to adopt Ordinance No. 88-60 to rezone to PS, subject to the petitioner sUbmitting sufficient evidence of ownership to the city attorney. Commissioner Johnson seconded and motion carried with unanimous vote in favor. Roll call vote was: Comissioners Bateman, Dabbs, Hager and Johnson, "Ayei" no Nays. . ORDINANCE NO. 88-61 (CASE NO. 12C-88)-COHPREHENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for plan amendment as requested by the Jeffrey Yeager petition. The public hearing was opened and closed without citizen or commissioner comment. Commissioner Dabbs moved to adopt Ordinance No. 88-61 subject to the petitioner sUbmitting sufficient evidence of ownership to the city attorney. Commissioner Hager seconded and . Page 15 City Commission special session November 22, 1988 motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. ORDINANCE NO. 88-62 (CASE NO. 15R-88)-REZONE TO COMMERCIAL Acting City Manager Finch read the title only of the ordinance to rezone 18.5 acres to C-2 as requested in the Jeffrey Yeager petition. The public hearing was opened and closed without citizen or commissioner comment. Commissioner Johnson moved to adopt Ordinance No. 88-62 subject to the petitioner submitting sufficient evidence of ownership to the city attorney. Commissioner Dabbs seconded and vote was unanimous in favor. Roll call vote was Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. . JEFFREY YEAGER DEVELOPMENT AGREEMENT NO. D88-11 Assistant City Attorney Woodson advised that the legal description and title opinion need to be cleared up on this property. The public hearing was opened and Mrs. Gretchen Jacobs, speaking for the Rose Hill Homeowners Association, asked to insure that the items agreed to at the last meeting would be included in this agreement. The public hearing was closed without further comment. Commissioner Dabbs moved to approve Development Agreement No. 088- 11 subject to: city attorney review of the title opinion, the correction of any legal description deficiencies, the petitioner submitting sufficient evidence of ownership to the city attorney, and changing the 1 year warranty to 2 years. Commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. BARRY AND MICHAEL GOODMAN PETITION (DAVIS, OGILVIE AND PITCHFORD) ORDINANCE NO. 88-63 (CASE NO. 13C-88)-COMPREHENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for the plan amendment as requested in the Barry and Michael Goodman petition. The public hearing was opened and closed without citizen or commissioner comment. commissioner Hager moved to adopt Ordinance No. 88-63 subject to the petitioner submitting sufficient evidence of ownership to the city attorney. Commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. . ORDINANCE NO. 88-64 (CASE NO. 16R-88)-REZONING TO C-1 Acting city Manager Finch read the title only of the ordinance to rezone the 9 acre parcel to C-1 as requested in the Barry and Michael Goodman petition. Commissioner Bateman moved to adopt Ordinance No. 88-64 subject to the petitioner submitting sufficient evidence of ownership to the city attorney. Commissioner Johnson seconded and motion carried with 3-1 vote. Roll call vote was: _J . Page 16 City Commission special Session November 22, 1988 commissioners Bateman, Hager and Johnson, "Aye;" Commissioner Dabbs, "Nay." REFORMED PRESBYTERIAN CHURCH PETITION ORDINANCE NO. 88-65 (CASE NO. l4C-88)-COMPREHENSIVE PLAN AMENDMENT Acting City Manager Finch read the title only of the ordinance for plan amendment for the 4.8 acre parcel to residential as requested in the Reformed Presbyterian Church petition. The public hearing was opened and Mr. J .H. Worsham, 266 Mileham Dr., Orlando, representing the petitioner, said that they had originally requested residential designation for their parcel at staff's recommendation, but now are requesting general agricultural instead. A show of hands in the audience was called for and 20 of those present indicated approval and none were opposed to the request. Commissioner Dabbs moved to amend Ordinance No. 88-65 from residential as presented at the first reading to general agricultural. Comissioner Johnson seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. . ORDINANCE NO. 88-66 (CASE NO. 17R-88)-REZONE TO A-1 Acting City Manager Finch read the title only of the ordinance to rezone the 4.8 acre parcel to A-l as requested in the Reformed Presbyterian Church petition. The public hearing was opened and a show of hands in the audience indicated no one opposing. The public hearing was closed. Commissioner Hager moved to amend Ordinance No. 88-66 to rezone the parcel as presented at first reading from R-l-AAA to A-l. Commissioner Bateman seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. BML INVESTMENTS DEVELOPMENT AGREEMENT NO. D88-14 Acting city Manager Finch pointed out that this agreement deals with a 22 acre parcel located at the northeast corner of Bluford Avenue and Highway 50 previously known as the Sims property. Assistant City Attorney Woodson stated that there are some title questions on this parcel. The public hearing was opened and closed with no citizen comments. Commissioner Dabbs moved to approve k Development Agreement No. D88-l4 with BML Investments subject to the title questions mentioned being resol ved and peti tioner sUbmitting sufficient evidence of ownership to the city attorney. Commissioner Johnson seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. . . . . paqe 17 City commission special Session November 22, 1988 BML INVESTMENTS, PRN INVESTMENTS AND JEROME FEINSTEIN DEVELOPMENT AGREEMENT NO. D88-15 (SPRING LAD) Commissioner Dabbs moved to approve Development Agreement No. D88- 15 with BML Investments, PRN Investments and Jerome Feinstein for the parcel identified as Spring Lake subject to the petitioner submitting sufficient evidence of ownership and subject to the following changes: 1) Section 4, Page 3, delete "Mr. Ted Ryan" and add "City Manager," 2) Exhibit B, Paragraph 31, change 1 year to 2 years. Commissioner Johnson seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. RECESS FROM 10:09 TO 10:38 ORDINANCE NO. 88-34 - PROVIDING FOR ESTABLISHING SANITATION RATE CHANGE BY RESOLUTION - SECOND READING AND PUBLIC HEARING After an extended discussion regarding why the rate increase was indicated and the need for adequate advertising before adopting an ordinance and/or resolution, Commissioner Johnson moved to table the second reading and public hearing of Ordinance No. 88-34 until December 20. Staff was instructed to advertise the proposed rates and to continue the study, conferring with commissioners when/if necessary. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Ayei" no Nays. RESOLUTION 88-17 - APPROVING A SANITATION RATE INCREASE This item was tabled with the above action. RESOLUTION 88-18 - VACATING A PORTION OF B.C. TERRY ROAD Acting City Manager Finch advised that letters have been received from: I) Mr. Headley stating he has no objection to the vacating as long as a drainage easement is maintained benefiting his property, and 2) Mr. Kazaros stating his objection to the vacating because that is the access route to the north end of their property. The developers (The Hammocks) have asked that this be continued until the next meeting to give them an opportunity to work out the differences with Mr. Kazaros. The consensus was to table this resolution until December 20, 1988. Mayor Ison noted here that citizens have requested that the name of the road stay the same and he stated that no one has any intention of changing the name. . Page 18 City commission Special Session November 22, 1988 CITY ATTORNEY WATER AND SEWER CAPACITY SALE DEVELOPER AGREEMENTS Assistant City Attorney Woodson advised that all of the first nine items on this section of the agenda, with the exception of NO.8) Lake Lotta, Ltd., represent developers who have signed the standard water and sewer developer agreements and this list can be approved wi th one motion. commissioner Dabbs moved to approve standard developer agreements for those developers on the list with the exception of NO.8) Lake Lotta, Ltd.: 1) Gulfstream - Water; 2) Lake Blanchard Partnership - Sewer; 3) Skylark Ventures - Water and Sewer; 4) Hargreaves (Imperial) - Water; 5) Maguire Road Corporation - Water and Sewer; 6) Ferdinand and Ferdinand Employees Trust - Water and Sewer; 7) Uniwes - Water; 9) Heller Bros. - Water and Sewer. Commissioner Johnson seconded and motion carried with unanimous vote. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "Aye;" no Nays. . LAKE LOTTA WATER DEVELOPMENT AGREEMENT AND CONSTRUCTION AGREEMENT Assistant city Attorney Woodson distributed the construction agreement and went over several points with the Commission. Mr. Woodson noted that on Page 2, Paragraph 2.B, after "...shown in yellow... II should be inserted ".. .and all off site shown in orange...". After extensive discussion Mr. Woodson stated that he recommends the standard agreement for water service and the construction agreement with the minor change he has pointed out and that both documents can be handled with one motion. Commissioner Dabbs hesitated to vote on the issue without having an opportunity to read the material so the item was delayed until later in the meeting. (See Pages 20 and 21 of these minutes.) NON-STANDARD WATER/SEWER DEVELOPMENT AGREEMENTS Assistant City Attorney Woodson advised that the agreements are those that propose substantial changes standard agreement. following from the . ARBOR HEALTH CARE - WATER AND SEWER DEVELOPMENT AGREEMENT The development agreement proposed by Arbor Health Care contains a new condition No. 25 which makes this agreement contingent upon the developer purchasing the property by April 3, 1989. If the developer notifies the City of Ocoee by AprilS, 1989 that the developer is not purchasing the property then the City of Ocoee shall return any cash or letter of credit provided by the developer and the parties shall be relieved of their obligations thereunder. If the developer should not close on the property and should neglect to notify the City of Ocoee then the City of Ocoee is entitled to keep the letter of credit. Commissioner Johnson moved to approve the agreement as proposed. Commissioner Bateman seconded and motion carried with unanimous vote in favor. j . Page 19 City Commission special Session November 22, 1988 DABI, INC. - WATER AND SEWER DEVELOPMENT AGREEMENT Assistant City Attorney Woodson explained that Dabi, Inc. proposes to enter into the standard agreement with a first amendment providing for adding to Section 7 of the agreement the use of letters of credit for the first year of need in lieu of cash payment, with payment to be made within four months of the date of the permit being issued for the development. Commissioner Dabbs moved to approve only the standard agreement with Dabi, Inc.. Commissioner Hager seconded and motion carried with unanimous vote in favor. K , H - WATER AND SEWER DEVELOPMENT AGREEMENT (TRICOR) Assistant City Attorney Woodson explained that K & H proposes to enter into the standard agreement with a contingency based upon approval of the development plan by the City of Ocoee. Commissioner Bateman moved to approve only the standard development agreement with K & H. Commissioner Johnson seconded and motion carried with unanimous vote in favor. . PULTE - WATER DEVELOPMENT AGREEMENT (OLYMPIA COVE-HAWTHORNE) Assistant City Attorney Woodson explained that Pulte proposed to enter into the standard agreement with: 1) a change in section 7 based on final engineering approval of the property, 2) deletion of the last sentence in Section 8.2, 3) section 25 Condition Precedent Contingency, based on developer purchasing the property. Commissioner Johnson moved to approve only the standard development agreement with Pulte. Commissioner Bateman seconded and motion carried with unanimous vote in favor. ORANGE COUNTY AND LAKE WHITNEY, LTD. SEWER-NO DEVELOPKENT AGREEMENT Assistant City Attorney Woodson advised that this item is different because there is no development agreement since the City of Ocoee already has a wholesale agreement with Orange County. The payments and other relevant conditions that would be taken care of in the development agreement will be covered in the permit issued to Lake Whitney, Ltd.. Commissioner Bateman moved to approve the sewer application from Lake whitney, Ltd.. Commissioner Hager seconded and motion carried with unanimous vote in favor. MILL CARETAKERS - WATER AND SEWER DEVELOPKENT AGREEKENT Assistant City Attorney Woodson explained that Mill Caretakers proposes adoption of the standard development agreement subject to the annexation to, and acceptable zoning in, the City of Ocoee as noted in section 25. Commissioner Bateman moved to disapprove the adoption of the agreement. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. . . paqe 20 City Commission special session November 22, 1988 BROOKSHIRE - WATER AND SEWER DEVELOPMENT AGREEMENT Assistant City Attorney Woodson advised that Brookshire proposes adoption of the standard agreement with 2 riders: 1) a temporary connection to Brentwood water system for up to 55 ERUs and 2) the ability to construct part of the backbone main. Mr. John Sondheim spoke for Brookshire and agreed that, rather than the 55 ERUs mentioned, 10 non-user occupied units would be acceptable and they would agree to loop the line up to Mr. Atwood's project. Commissioner Johnson moved to approve the water and sewer agreement subject to the following: 1) 10 water connections, (temporary service to non-occupied dwellings), 2) payback agreement extending the water line up to the Atwood property, 3) the Force Majeure co-statement. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. . MAYOR'S ANNOUNCEMENTS Mayor Ison announced that the Canvassing Board will meet at 12 noon wednesday to count the absentee ballots and announce the winner of the run-off election held today. Commissioners Bateman and Hager are to be present. The new system for agendas will begin with the first meeting in January. citizens' concerns will be considered at the first meeting each month and developers' concerns at the second meeting. The attorney will be present at the developers' meetings only. . The Police Department will be sponsoring "Toys for Tots" on December 16 and 17. In lieu of a Christmas party for employees, Mayor Ison proposed a large Christmas tree in front of the Maguire House and a reception with Santa for the kids on December 17. This is in an effort to put the old meaning back into Christmas for the employees. Mayor Ison asked for a volunteer to help deliver meals-on-wheels Thursday and Friday at 11:30 a.m.. Plantation Sysco is supplying the meals. Commissioner Johnson will go Thursday and Commissioner Bateman on Friday. LAKE LOTTA, LTD. DEVELOPMENT AGREEMENT AND CONSTRUCTION AGREEMENT Commissioner Hager moved to approve the standard development agreement and construction agreement subject to: 1) the change in the warranty paragraph from 1 year to 2 years, 2) the petitioner submitting sufficient evidence of ownership to the city attorney, and 3) review by the attorney. Commissioner Bateman seconded and motion carried with unanimous vote in favor. . Mr. Steve Fieldman asked that paragraph 36 be revisited relating to the school site. He proposed that the school system should have 5 years to make a decision rather than 20 years. If development - . . . page 21 City Commission special Session November 22, 1988 is not built out at that time the School Board can have 2 additional years to make a decision. Commissioner Dabbs stated that he was not sure that the School Board could make that change. Commissioner Johnson moved to reconsider Paragraph 36 in the Lake Lotta, Ltd. agreement. Commissioner Dabbs seconded and motion carried with unanimous vote in favor. Commissioner Hager moved to amend Paragraph 36 of the Lake Lotta, Ltd. agreement to read 7 years, based on the advice of the attorney that this is permissible in the P.U.D. Ordinance of the City. After some discussion, Commissioner Hager withdrew his motion. commissioner Hager restated his motion to read that if the development is less than 50% built out in 5 years the School Board will have 2 additional years to build a school. Commissioner Bateman seconded the motion. Commissioner Dabbs noted that Mrs. Lowery has been authorized to change from the 20 years only if the land has been donated and he was concerned that we would be putting the City in a position to not have a school by changing the specifications. Motion carried with unanimous vote in favor. COMMISSIONER COMMENTS Commissioner Johnson thanked Buddy Elmore for bringing the sandwiches from the other building. Commissioner Dabbs said he is ready to go home. commissioner Hager reminded everyone of the scheduled for November 30 at the Holiday Inn. new owners are good to deal with also. informal meeting He noted that the commissioner Bateman said he has enjoyed working with this Commission and tonight certainly proves the kind of dedicated servants this City has. He said he was sure that not many cities enjoy this kind of representation and he is proud and honored to have served with this Commission. Commissioner Bateman stated further that he has a lot of confidence in the man who will be sitting in his seat and he is looking forward to shaking his hand after the Canvassing Board meets tomorrow. He stated also that he wishes to be called on for any help he can give. Mayor Ison immediately appointed Commissioner Bateman to represent us at the Chamber of Commerce and on the Personnel policy Board as well. ADJOURNMENT The meeting adjourned at 12:58 aJdLE _~ Thomas R. Ison, Mayor