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HomeMy WebLinkAbout11-20-90 MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING ~ HELD ON NOVEMBER 20, 1990 The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Dabbs at 7:30 p.m. in the commission chambers. Commissioner Woodson led in prayer and the Mayor led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, city Engineer/Utilities Director Shira, Public Works Director Brenner, Planning Director Behrens, Senior Planner Harper, City Clerk Grafton, and Deputy City Clerk Green. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Glenda Hall, 806 Apricot Drive, requested a donation to purchase tickets for underprivileged or disadvantaged children to attend the Bahia Shrine Circus. Commissioner Combs moved to donate $200.00 to purchase twenty-five tickets with the funds to be taken from the contingency fund. Commissioner Johnson seconded, and the motion was unanimously approved. '-- CONSENT AGENDA City Attorney Rosenthal explained that Item F., Acceptance and Authorization to Execute Development Agreement - Case No. 1-42 AR- 90: Worsham #2 - Clara Belle Worsham, required a zoning insertion on Page 1, the third "whereas" paragraph, which should read, "WHEREAS, the Worsham Land does not have sufficient access to a public right-of-way to permit R-3 development of the Worsham Land under the City of Ocoee Subdivision regulations;". The proposed consent agenda consisted of items A, B, C, D, E, F, and G. ~ Acceptance and Approval of Minutes of Reqular Commission Meetinq of November ~ 1990, Commission Special Session of October ~ 1990 and Canvassing Board Meeting of November L.. 1990 ~ Request for Payment = Sorenson Field Liqhtinq ~ Easements for Florida Power Corporation at WWTP ~ ~ Acceptance and Approval of Final Plat = Coventry at Ocoee, Phase II ~ Case No. 1-7SE-90: GOINS = Request for Special Exception for Automotive Retail Sales Store in "C-2" Zone ~ Acceptance and Authorization to Execute Development Aqreement - Case No. 1-42 AR-90: WORSHAM ~ Clara Belle Worsham ~ Page 2 Ocoee City Commission Regular Meeting ~ November 20, 1990 ~ Waterside Subdivision ~ Acceptance and Authorization to Execute Developer's Aqreement ~ Acceptance and Approval of Final Plat Commissioner Woodson asked that Item A be pulled from the consent agenda. Commissioner Combs moved to approve Items B, C, D, E, F, and G with the correction in Item F as noted by Mr. Rosenthal. Mr. Woodson seconded, and the motion was unanimously approved. In Item A, Minutes of November 6, 1990, Commissioner Woodson corrected his announcement of the date of the Lions Club turkey shoot from "December 7th" to "November 17th". He had inadvertently stated "December" and the clerk had typed "7th" in error. Commissioner Woodson moved to approve Item A as amended, Commissioner Combs seconded, and the motion was unanimously approved. COMMENTS FROM CITIZENS/PUBLIC R. P. Mohnacky, 1820 prairie Lake Boulevard, commented about encouraging recycling and noted that some cities had passed legislation requesting area newspapers to use recycled paper. He also mentioned the possibility of an access road from Maguire to SR 535, and spoke about quality and controlled growth. ~ Bea Meeks, 124 North Bluford, thanked the City Manager for spraying for mosquitoes before the Pop Warner games. PUBLIC HEARINGS South Water Plant Planning Director Behrens outlined briefly the plans for the South Water Plant, pointed out the site east of Maguire Road and south of the Florida Turnpike on the map, reported that the Planning and Zoning Commission had voted unanimously to recommend approval of the proposed site, and recommended approval of the site as proposed by the Engineering/Utilities Department. Mayor Dabbs opened the public hearing. No one spoke, so the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to approve the proposed South Water Plant site. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. SECOND READINGS OF ORDINANCES AND PUBLIC HEARINGS Ordinance No. 90-80, "establishing a safety manual, providing purposes; providing rules; providing forms; providing for severability; providing an effective date," was read by title only. City Manager Shapiro explained that the corrections requested upon first reading had been made. Mayor Dabbs opened ..... '-" ~ '-' Page 3 Ocoee City Commission Regular Meeting November 20, 1990 the public hearing. As no one spoke, the public hearing was closed. Commissioner Foster, seconded by Commissioner Woodson, moved to approve the proposed ordinance. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-23, "relating to the City of Ocoee Personnel Rules and Regulations; repealing Section 13.07 of Appendix C of the Ocoee City Code and adopting a new Section 13.07 thereof relating to Worker's Compensation, adopting a new Section 13.15 of Appendix C of the Ocoee City Code relating to DUI, DWI and Moving Traffic Violations, repealing Section 18 of Appendix C of the Ocoee City Code and adopting a new Section 18 thereof relating to Safety; providing for severability; providing an effective date," was read by title only. Mayor Dabbs commended staff on the Safety Manual and the Rules and Regulations change, and opened the public hearing. As no one spoke, the public hearing was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to adopt the proposed ordinance. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-24, "amending Chapter 10 of the Ocoee City Code, Fire Protection and Prevention, by adopting an Article III entitled Sprinkler, Standpipe and Fire Protection Systems; providing for severability; providing for an effective date," was read by title only. Mr. Shapiro explained that the provisions of this ordinance were for public buildings. Mayor Dabbs opened the public hearing. As no one spoke, the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to approve the proposed ordinance. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-25, "amending the Ocoee Boating Code which establishes boating regulations for boating activity on various waterways located in whole or in part within the City limits; amending Section 2 of Ordinance 89-46 by renumbering its subsections and by adopting a prohibition of airboat operation; providing for severability; providing an effective date," was read by title only. Mayor Dabbs opened the public hearing. As no one spoke, the public hearing was closed. Commissioner Foster, seconded by Commissioner Woodson, moved to adopt the proposed ordinance. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Page 4 Ocoee City Commission Regular Meeting ~ November 20, 1990 ANNEXATION AND REZONING ORDINANCES Mayor Dabbs announced that the following items had been pulled: Ordinance No. 90-42, Case No. 1-35 AR-90: WINGFIELD Annexation Ordinance No. 90-43, Case No. 1-35 AR-90: WINGFIELD Rezoning Ordinance No. 90-46, Case No. 1-31 AR-90: BROWNING Annexation. Mayor Dabbs commented that the Planning Director and Attorney had found all the annexation and rezoning under consideration for this meeting to be consistent City's comprehensive plan and to be legally sufficient. the City ordinances with the "--' PROCEDURAL NOTE As each ordinance was considered, Attorney Rosenthal read the ordinance by title only, Senior Planner Harper pointed out the subject parcel on the map, Planning Director Behrens gave a staff report and provided staff and Planning and Zoning Commission recommendations, and the Mayor opened the public hearing. Mr. Rosenthal explained that if the petitioner had filed for both annexation and rezoning, one staff report would apply for both ordinances, but each ordinance must be considered separately. All the ordinances state that they would be effective upon adoption, but Mr. Rosenthal explained that there were some exceptions which would be included in the staff reports. Ordinance No. 90-26, Case No. 1-32 AR-90: SHEPLER Annexation Planning Director Behrens reported the unanimous approval by the Planning and Zoning commission of this case and that staff concurs. In the public hearing, Carol Deckard, 5103 Carpenter Drive, Crestwood, Kentucky spoke in support of the annexation. As there were no other comments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to approve Ordinance 90-26. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-27, Case No. 1-32 AR-90: SHEPLER Rezoning from R- 1 to R-l-A In the public hearing, Carol Deckard spoke in support of the rezoning. As there were no other comments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to approve Ordinance 90-27. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. ~ '--' Page 5 Ocoee City Commission Regular Meeting November 20, 1990 '--' Ordinance 90-28, Case No. 1-29 A-90: KENJEN SOUTH Annexation City Manager Shapiro commented for the record that this property is currently outside of the City's planning area, but is contiguous to properties already annexed into the City. Staff had approached the County months ago about meeting to discuss the addition of this and other properties, especially in the McCormick Road area, with no response. Annexation of this parcel is in the best interest of the City because the applicant has agreed to provide Clark Road right-of-way at no cost to the City. Mr. Behrens reported that the Planning and Zoning Commission had approved the case by a 5 to 1 vote. Mr. Rosenthal explained that the parcel would retain Orange County zoning, and that Staff recommended that the annexation of the subject parcel should be subject to the execution of an Agreement providing for the .~conveyance of the Clark Road right-of-way and temporary construction easement, all at no cost to the City. In the public hearing, Lynn Wright, 886 South Dillard, Winter Garden, an attorney representing the owner of the property, spoke in support of the proposed annexation. Jim Riffle, Post Office Box 511, Clarcona, spoke in opposition to the proposed annexation. John Bass, 9116 Ocoee-Clarcona Road spoke in opposition to the proposed annexation. As there were no further comments, the public hearing was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to approve the adoption of Ordinance 90-28 subject to the execution of an Agreement providing for the conveyance of the Clark Road right-of-way and temporary construction easement, all at no cost to the City. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-29, Case No. 1-30 A-90: KENJEN NORTH Annexation Mr. Rosenthal pointed out that this annexation is subject to the same stipulations as the KenJen South annexation. Mr. Behrens reported that the Planning and Zoning Commission approved the case with a vote of 5 to 1, and that Staff recommends approval subject to the execution of an Agreement providing for the conveyance of the Clark Road right-of-way and temporary construction easement, all at no cost to the City. In the public hearing, Lynn Wright spoke in support of the proposed annexation. Bob Wiegers, senior Planner with the Orange County Planning Department, spoke for the record about the County's concerns that KenJen North is part of the County's planning area and is considered to be the Clarcona rural settlement area. He agreed that the Joint Planning Area agreement was a long time in coming for this area, but he thought progress could be made now that the election was over. Jim Riffle spoke in opposition to the proposed '-" Page 6 Ocoee City commission Regular Meeting ~. November 20, 1990 annexation. R. P. Mohnacky spoke in opposition to the proposed annexation. As there were no further comments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to approve Ordinance 90-29, subject to the stipulations as noted above. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. ~ Ordinance No. 90-30, Case No. 1-41 AR-90: WORSHAM #1 Annexation Planning Director Behrens reported that the Planning and Zoning Commission had unanimously approved the case, and that Staff recommended approval of Ordinance No. 90-30 subject to the approval of Ordinance No. 90-31 granting the petitioners the requested initial zoning and further subject to the right of the property owner to withdraw the annexation petition in the event the requested zoning is not granted, all as provided in the Developer's Agreement, dated August 21, 1990, between the City and the petitioner. In the public hearing, Bob Pleus, 940 Highland Avenue, Orlando, attorney for the petitioners, spoke in support of the annexation and was available to answer questions. As there were no further comments, the public hearing was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to approve Ordinance 90-30 subject to the stipulations noted above. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-31, Case No. 1-41 AR-90: WORSHAM #1 Rezoning from AG to C-2 As there were no comments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to approve Ordinance No. 90-31. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Attorney Rosenthal stated for the record that upon the adoption of Ordinance No. 90-31, Ordinance Nos. 90-30 and 90-31 were adopted without any unsatisfied conditions. Ordinance No. 90-32, Case No. 1-42 AR-90: WORSHAM #2 Annexation Mr. Behrens explained that the Planning and Zoning Commission had approved the case by a 6 to 1 vote subject to the provision that the developer provide adequate site access acceptable to the City. Staff recommends approval of the case subject to the execution of a Developer's Agreement regarding legal access to the subject parcel from Clark Road. In the public hearing, Bob Pleus spoke in support of the proposed ordinance, and stated that Mrs. Worsham '-" Page 7 Ocoee City Commission Regular Meeting '-" November 20, 1990 was in agreement with the stipulations. As there were no other commments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to approve Ordinance No. 90-32 subject to the stipulations recommended by Staff. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-33, Case No. 1-42 AR-90: WORSHAM #2 Rezoning from AG to R-3 As there were no comments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to approve Ordinance No. 90-33 subject to the execution of a Developer's Agreement regarding legal access to the subject parcel from Clark Road. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. ~ Ordinance No. 90-34, Case No. 1-33 AR-90: OZANIAN #1 Annexation Planning Director Behrens reported the approval of the case by the Planning and Zoning Commission by a vote of 5 to 2. Staff recommends approval subject to the right of the property owner to withdraw the Annexation Petition in the event the requested zoning is not granted, all as provided in the Developer's Agreement, dated August 21, 1990 between the City and the Petitioner. As there were no comments, the public hearing was closed. Mayor Dabbs, seconded by Commissioner Johnson, moved to approve the adoption of Ordinance No. 90-34 subject to staff recommendations. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-35, Case No. 1-33 AR-90: OZANIAN #1 Rezoning from AG to PS Mr. Rosenthal pointed out that this is in the Developer's Agreement regarding Clark Road. The applicant has requested PS zoning which is consistent with surrounding zoning, but later on the agenda is a request from Mr. Voss to rezone an adjacent parcel. There were no comments, so the public hearing was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to approve Ordinance No. 90-35. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. '-" '-' Page 8 Ocoee City Commission Regular Meeting November 20, 1990 Ordinance No. 90-36, Case No. 1-34 AR-90: OZANIAN #2 Annexation Mr. Behrens reported that the Planning and Zoning Commission had unanimously approved the case. Staff recommends approval subject to the approval of Ordinance No. 90-37 granting the petitioners the requested initial zoning and further subject to the right of the property owner to withdraw the annexation petition in the event the requested zoning is not granted, all as provided in the Developer's Agreement, dated August 21, 1990, between the City and the Petitioner. There were no comments, so the public hearing was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to approve Ordinance No. 90-36 subject to Staff recommendations as noted above. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-37, Case No. 1-34 AR-90: OZANIAN #2 Rezoning from AG to PS and C-2 As there were no comments, the public hearing was closed. Commissioner Woodson, seconded by Commissioner Johnson, moved to approve Ordinance No. 90-37. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. "-" Attorney Rosenthal pointed out for the record that with the adoption of Ordinance Nos. 90-34, 90-35, 90-36, and 90-37 the contingencies of the Clark Road Developer Agreements have been satisfied and the contingencies contained in the various motions for adoption of the ordinances have also been satisfied. RECESS: 9:00 p.m. - 9:15 p.m. Ordinance No. 90-38, Case No. 1-19 AR-90: HEAVENER Annexation Mr. Behrens reported that the Planning and Zoning Commission had unanimously approved the case, and Staff concurs. As there were no comments, the public hearing was closed. Commissioner Foster, seconded by Commissioner Johnson, moved to approve Ordinance No. 90-38. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-39, AG to C-2 As there were no Commissioner Combs, Case No. 1-19 AR-90: HEAVENER Rezoning from comments, the public hearing was seconded by Commissioner Woodson, closed. moved to '-" '-' Page 9 Ocoee City Commission Regular Meeting November 20, 1990 approve Ordinance No. 90-39. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-40, Case No. 1-36 R-90: VOSS Rezoning Mr. Behrens reported that the Planning and Zoning Commission had unanimously approved this case and that Staff concurs. In the public hearing, Richard Hatcher, 3824 Grove Street, Winter Garden, spoke in opposition to the proposed rezoning. Vern McMullen, 1405 Roe Avenue, spoke in opposition. Grover Voss, 6648 Cristine Drive, Orlando, spoke in support. As there were no further comments, the public hearing was closed. Commissioner Foster, seconded by Commissioner Combs, moved to approve Ordinance No. 90- 40. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "no," and Mayor Dabbs "aye." Motion carried by a vote of 4 to 1. Ordinance No. 90-41, Case No. 1-18 R-90: GOODMAN Rezoning from C-l to C-2 Planning Director Behrens reported that the Planning and zoning Commission had approved this case by a 6 to 1 vote, and that Staff concurs. In the public hearing, Steve Fieldman, attorney for the petitioner, spoke in support of the case. Mr. Behrens stated for ~ the record that this parcel is directly south of the new Good Homes Road Plaza. As there were no other comments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to approve Ordinance No. 90-41. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-42, Case No. 1-35 AR-90: WINGFIELD Annexation This item was pulled from the agenda at the petitioner's request. Ordinance No. 90-43, Case No. 1-35 AR-90: WINGFIELD Rezoning from RCE to PUD - Residential This item was pulled from the agenda at the petitioner's request. Ordinance No. 90-44, Case No. 1-37 AR-90: CHRISTIANSEN Annexation Mr. Behrens reported that the Planning and Zoning Commission had unanimously approved this case, and that Staff concurs. In the public hearing, Gifford Anglin, P. O. Box 23, Winter Park, was present to respond to questions. As there were no comments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to approve Ordinance No. 90-44. Upon roll call Commissioner Combs voted "aye," Commissioner Foster '-" Page 10 Ocoee City Commission Regular Meeting ~ November 20, 1990 ~ ~ "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-45, Case No. 1-37 AR-90: CHRISTIANSEN Rezoning from A-l to PUD - Residential Mr. Behrens explained that Staff recommended approval of the zoning and the Land Use Plan subject to the petitioner executing Developer's Agreements addressing right-of-way dedications and the Conditions of Approval shown on the Land Use Plan. Mr. Rosenthal pointed out that since this is a Planned Unit Development that the Commission would also be approving a Land Use Plan. This is the first PUD and Land Use Plan to be adopted under the new PUD ordinance. This follows those procedures. The PUD ordinance requires that there be a Developer's Agreement. We wanted to clarify with the property owner questions regarding Maguire and Moore Road dedications so that there would be no confusion in the public record in terms of those dedications. In the public hearing, Gifford Anglin was present to answer questions. R. P. Mohnacky questioned the proposed lot sizes. Louis Roeder, 2001 Mercy Drive, #104, Orlando, spoke in opposition to the proposed ordinance. As the developer of the adjacent property, he was concerned that minimum lot sizes smaller than the 80' by 115' in his development would be permitted in the proposed PUD, when they had been required to transition their borders in order to allow for a less dense product going south toward Windermere. Mike Bittman, 9541 Ingeborg Court, Gotha, also spoke in opposition. Mr. Behrens pointed out that a rapidly changing housing market exists now, and the City needs to be open to that market. Mr. Anglin explained the need for flexibility in the development of this parcel, and emphasized that the specified lot sizes and set backs were minimums. As there were no further comments, the public hearing was closed. Following some discussion by Commissioners about honoring prior obligations, City Manager Shapiro explained that the obligation could be met by approving a lot size for this PUD equal to those in the adjacent development along with a change in buffering. Commissioner Johnson, seconded by Commissioner Combs, moved to approve Ordinance No. 90-45, establishing an initial zoning for the subject parcel and approving the Land Use Map subject to the Petitioner executing Developer's Agreements addressing the right-of-way dedications and the conditions of approval shown on the Land Use Plan with the revision to the land use data of being the minimum lot size shall be 80' by 115' and that the developer shall have the opportunity to revisit the peripheral buildings set-backs in connection with the development plan approval. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. ~ Page 11 Ocoee City Commission Regular Meeting \.." November 20, 1990 Ordinance No. 90-46, Case No. 1-31 A-90: BROWNING Annexation This item was pulled from the agenda. As Wingfield had been withdrawn, the parcel was no longer contiguous. Ordinance No. 90-47, Case No. 1-38 A-90: BESADE Annexation City Manager Shapiro commented that this parcel was outside the Joint Planning Area and there was no reason at this time to approve it. Planning Director Behrens reported that the Planning and Zoning Commission had voted 6 to 1 to deny without prejudice this petition. Staff concurs in the recommendation. In the public hearing, Roger Freeman, 151 West Silver Star Road, representing the petitioner, Al Besade, stated that all parties should be put on notice that they do intend to annex as expeditiously as possible, and requested that denial would be without prejudice. Mike Bittman spoke in opposition to the Besade annexation. As there were no further comments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to deny without prejudice Ordinance No. 90-47. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. '-' Ordinance No. 90-48, Case No. 1-9 AR-90: RAIDLE Annexation Mr. Behrens reported that the Planning and Zoning Commission had unanimously approved this case and that Staff concurs. In the public hearing, Royal Raidle, 1408 Charta Court, Orlando, was present to answer questions. As there were no additional comments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to approve Ordinance No. 90-48. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-49, Case No. 1-9 AR-90: RAIDLE Rezoning from A-I to PS In the public hearing, Royal Raidle was available to answer questions. As there were no other comments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to approve Ordinance No. 90-49. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-50, Case No. 1-23 AR-90: STEELE Annexation Mr. Behrens reported that the Planning and Zoning Commission had "" Page 12 Ocoee City Commission Regular Meeting ~ November 20, 1990 approved this case by a vote of 6 to 1 and that Staff concurs. In the public hearing, Charles Madden, 1419 East Robinson Street, Orlando, was present to answer any questions. As there were no other comments, the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to approve Ordinance No. 90-50. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-51, Case No. 1-23 AR-90: STEELE Rezoning from A-l to PS In the public hearing, Dr. Dan Steele, 3421 Maguire Road, spoke about his plans for his dental office in the subject parcel. As there were no other comments, the public hearing was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to approve Ordinance No. 90-51. Upon roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. OTHER BUSINESS '-' Elect Mayor pro tern Commissioner Woodson nominated Commissioner Combs as Mayor pro tern. After some discussion of historical tradition for the election of the most senior Commissioner to this position, commissioner withdrew his nomination of Commissioner Combs and nominated Commissioner Johnson. There were no other nominations and the motion was unanimously approved. STAFF REPORTS None. COMMENTS FROM COMMISSIONERS Commissioner Johnson 1 - Recommended for appointment to the Police Advisory Committee: Yvette Hurst, 1707 Mona Truman Stearns, 1103 Wurst Road John Babb, 2638 Cedar Bluff Lane This recommendation will be placed on the December 4th Agenda. 2 - Advised that a sidewalk is needed from Roberts Rise to Lakeshore. City Manager Shapiro will check on the right-of-way and will address the State about it. 3 - Suggested that a letter be sent to homeowners urging them to ............ Page 13 Ocoee City Commission Regular Meeting ~ November 20, 1990 deal with the boats-in-yards issue through their restrictions before they come to the Commission with it. Shapiro wants to check it out first. A 20 foot boat on a 24 trailer can be legally parked in yards now. 4 - Reported the placement of the wreaths in the Veterans ceremonies at the memorial near the Gazebo and at Woodlawn. deed Mr. foot Day Commissioner Woodson Commented that Dorothy withdrawn, had died on 16th. Dinkel, who had run for office and November 14th and was buried on November '-" Commissioner Foster 1 - Commended Sysco for their food distribution to needy families here on November 21st. 2 - Announced an Historical Society Arts and Crafts Fundraiser scheduled for Saturday, December 1st. 3 - Emphasized the importance of attending the Department of Transportation meeting to be held on Monday, December 3rd, at West Orange High School about the widening of Silver Star. 4 - Asked that the television camera not be focused on him when he yawns. 5 - Said that he did not have a new house to which he could invite people, but he did put new tile in a bedroom and all could come to see it. Commissioner Combs 1 - Announced the Legislative Reception scheduled for November 29th from 7:00 to 9:00 p.m. at the West Orange Country Club. 2 - Announced the Kiwanis Golf Tournament to be held December 9th. 3 - Wished citizens and staff a Happy Thanksgiving. Mayor Dabbs 1 - Announced the holiday garbage/trash service schedule for Thanksgiving, Christmas, and New Years. 2 - Announced receipt of an invitation for the Mayor, Commissioners, City Clerk, City Manager, and the City Attorney to attend a meeting on districting on December 18th. 3 - Invited everyone to attend Open House at his home on Saturday, November 24th from 2:00 to 6:00 p.m. The meeting adjourned at 11:10 p.m. Attest: frt ~~ -JjM OM. ) Marian Green, Deputy City Clerk ~