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HomeMy WebLinkAbout07-17-07 Minutes MINUTES OCOEE CITY COMMISSION July 17,2007, at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER I Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Pastor Clinton Howell gave the Invocation and Commissioner Keller led the Pledge of Allegiance to the Flag. Acting City Clerk Sibbitt called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, and Commissioner Keller. Also Present: City Attorney Rosenthal, Acting City Manager Croteau, and Acting City Clerk Sibbitt. Absent: Commissioner Johnson I B. PRESENTATIONS AND PROCLAMATIONS Proclamation - Ocoee Fire Fighter Appreciation Week Mayor Vandergrift introduced Lisa Ta from the Muscular Dystrophy Association and, along with Fire Chief Firstner presented her with a proclamation for Ocoee Firefighter Appreciation Week. Ms. Ta thanked the Ocoee Firefighters for participating in the "Fill the Boot" campaign year after year to help raise over $2.5 million in Florida. Fire Chief Firstner thanked all of his firefighters for their efforts and announced they would be back out after Labor Day. I C. COMMENTS FROM CITIZENS/PUBLIC A county resident from 230 Silver Star Road spoke about Starke Lake and Save the Lakes. He spoke about the run off from the road going into the lakes and proposed that water lines be put under the road at different points. He believed it would be possible to accomplish with grant money. 21. Discussion and Direction on Electronic Message Board Signs. (Community Development Director Wagner) Mayor Vandergrift stated that citizens were present for Agenda Item 21 and he asked to move it up on the agenda. Debra Booth spoke on behalf of the PT A of Ocoee Middle School. She stated one of the things they had discussed for the school was a beautification project to draw people to the school. She stated one of the things that they would like to change is the sign out in front the school and they would like to beautify the sign by making it a LED sign and have raised almost $10,000 to do so. However, the City code does not allow it and she asked for the support from the Commission. They named some schools in the area that already have LED signs. Acting City Manager Croteau stated that the dividing line for the districts for Commissioner Johnson and Commissioner Anderson is the roadway in front of the school (Bluford Ave.) and Commissioner Johnson asked if this could be brought back so he could be present. She further City Commission Regular July 17,2007 stated Community Development Director Russ Wagner has a presentation that he would like to speak about. The Land Development Code does prohibit LED signs and if the board desired to change that code, she thought it would require a public hearing. Community Development Director Wagner stated there is not one electronic message board sign in Ocoee. He said that billboards are also prohibited and Ocoee has one of the most progressive sign ordinances in the area. He said prohibiting electronic signs from being put up across the City makes it possible for Ocoee to maintain its small town character. Personally, he is passionate about banning electronic signs and knows citizens and a local builder who feel the same way. He emphasized how hard it is to control these signs once they are permitted, including what the signs say and he feels it would lower the development standards. Community Development Director Wagner urged the Commission to continue to prohibit the LED signs. He stated the school board feels they are exempt from the LDC Code; therefore, they would be left to deal with the issue on their own without affecting our code. Commissioner Hood stated he did not get any information on the sign regarding size and would like to get with the neighbors about the sign and how they feel about it before making any decisions. He stated he personally is not against the sign. Kate Clarke, Principal of Ocoee Middle School, stated the sign would be used clearly for information to parents. She stated parent communication is critical and when the PT A board came to them she supported them in their efforts. The current sign is covered with plexi-glass that yellows, which looks bad and is not as legible. She did not feel that this type of sign would take away from Ocoee's small town charm in any way. Commissioner Hood inquired if the Ocoee School Advisory Board had heard about this issue. Debra Booth stated this issue just recently came up and they wanted to work with the City and not work out of the norm. Commissioner Hood stated he thought this issue should be brought before the Ocoee School Advisory Board to see if they can reach more residents and hear their thoughts on the issue. Commissioner Anderson inquired about the specifics of the sign. He asked why the PT A could not build a sign that meets the code, to what advantage it would have over an updated black and white sign, and how the sign would be maintained. He felt there were other good options that the school could explore. Debra Booth stated she can give locations they can visit and see other LED signs. She said recommendation for the sign came from the parents. Commissioner Keller stated his concern is that as soon as they let the school board have one the churches down the street or other businesses would want LED signs. He personally does not want to see those signs around downtown and would prefer that the City decline and let the school board go ahead and put it up so that residents would have to go to the school board if there are issues. He stated he agrees with Mr. Wagner that once you allow one it would be hard to tell other businesses that they can not put up an LED sign. Mayor Vandergrift stated he is passionate about allowing this sign to be permitted since he also feels an updated sign would benefit the City if one were put in front of City Hall. He stated the Page 2 of 16 City Commission Regular July 17,2007 City has ordinances to control many kinds of things and feels that they should have an ordinance for informational signs that could be used in the community or governmental agencies in which they can control the lighting, the speed of the wording, etc. Mavor Vanderarift. seconded bv Commissioner Hood. moved to direct staff to look into other local ordinances relatina to electronic messaae sians. Motion carried 4-0. with Commissioner Johnson absent. I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood stated that last week the Ocoee Little League junior and senior division had many victories. The junior/senior division advanced to sectionals that begin this weekend at the Apopka Little League Complex. The juniors start Friday night at 7 p.m. and seniors have a double-hitter on Saturday at 11 a.m. and 5 p.m. and he invited everyone to attend. He congratulated all of the kids, staff, and coaches. Commissioner Anderson- none Commissioner Keller announced that Wekiva High School has an open house on Saturday. Mayor Vandergrift inquired about the mediation and Commissioner Keller stated his deposition has been pushed back and he is not sure right now where that stands. Mayor Vandergrift announced the soccer team is going to the Citrus Bowl this weekend and inquired if anyone knows about it since he is being invited. Parks and Recreation Director Hayes said he was not sure what team was going, but they do practice at the Beech Center. Mayor Vandergrift said he received a thank you note from Senior First for the City's contribution and read that to the public. He announced the STARS program is putting out another news letter. He received a thank you note from the autism group for the City's involvement in their program as well. I E. CONSENT AGENDA 1. Approval and Acceptance of the Joint Session Workshop with City Commission and General Employees' Pension Board on June 5, 2007, and the Regular City Commission Minutes of June 19,2007. (City Clerk Eikenberry) Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 2. Reappointment to the Citizen Advisory Council for the Police Department. (City Clerk Eikenberry) Members of the Citizens Advisory Council for the Police Department (CACOPD) serve three-year terms. Currently the CACOPD has ten (10) members and their resolution allows no more than fifteen (15) members. Mr. John Grogan has indicated he is willing to serve another three-year term, if reappointed. Since January 2005, Mr. Grogan has attended 19 of 26 meetings with 0 unexcused. There are no applications on file for residents interested in serving on the board. Page 3 of 16 City Commission Regular July 17,2007 Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 3. Request to Amend the Name of Wesmere Property to Villages of Wesmere. (Principal Planner Fabre) The Wesmere Property site is located on the east side of Maguire Road, north of Cross Creek subdivision and south of the Florida Turnpike. The subject property comprises multiple tracts totaling 100.23 acres. The property is zoned Multiple-Family Dwelling (R-3) and General Commercial (C-3) and is designated as High Density Residential and Commercial on the Future Land Use Map (FLUM). The City Commission, on March 7, 2006 reviewed and approved the Final Subdivision Plan for Wesmere Property as presented. Based on the recommendation of the DRC, Staff respectfully recommends that the Mayor and the City Commissioners approve the requested name change from Wesmere Property to Villages ofWesmere. Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 4. Award of RFQ #0707 Engineering Services for Water Utility Modeling and Minor Utility Studies to Reiss Environmental, Inc. (Purchasing Agent Tolbert) The selected fmn will provide potable water, reclaimed water, and sanitary sewer utility modeling services and associated utility studies. These services will be used for such purposes as to identify weaknesses in the current utility system, evaluate the impact of proposed development-related extensions, and quantify the effects of other changes to the utility system. Staff determined that the current continuing contracts for engineering services did not provide the required consulting staff and accordingly issued a Request for Qualifications to the engineering community for this work. Responses were received from six firms. The Selection Committee identified and ranked the top-three fmns. The top-ranked fmn was Reiss Environmental, Inc., second-ranked was CPH Engineers, Inc., and third-ranked was PBS&J. This item was removedfrom the Consent Agenda and Voted on Separately. Commissioner Anderson inquired why there is a need for a continuing contract with Reiss Environmental, Inc. if they are only going to be doing the modeling. City Engineer Wheeler stated there is a model for each system: Water, Wastewater, and Re-Use. He further explained that the idea is that each time a development comes along it will be added to the model system. Commissioner Anderson inquired if the engineering services would be paid through impact fees. City Engineer Wheeler stated their services are on a case by case basis and they are a direct bill which goes back to the developer to pay for the model. Commissioner Anderson. seconded by Commissioner Keller. moved to approve Award of RFQ #0707 Enaineerina Services for Water Utility Modelina and Minor Utility Studies to Reiss Environmental, Inc.. as a Continuina Contract for (3) three years with (2) two (1) year extensions. Motion carried 4-0. with Commissioner Johnson absent. 5. Award of RFQ #07-003 Legislative Consulting Services to Gray Robinson, P.A. (purchasing Agent Tolbert) Proposals were solicited from qualified fmns with municipal experience to submit a proposal to provide professional consulting services for representing the City in legislative matters at the State and, as needed, at the federal level. Implicit responsibilities will be to advise the City of the impacts of proposed regulatory and legislative changes and to identify areas where State and/or Federal funding is available. Staff recommends that the City Commission award the Page 4 of 16 City Commission Regular July 17,2007 contract for RFP #07-003 Legislative Consulting Services to GrayRobinson, P.A. in the amount of $42,000.00 annually plus expenses; and authorize the Mayor, City Clerk, and Staff to execute all necessary contract documents. The contract term is for one (I) year with two (2) one (1) year automatic renewal options. Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 6. Ocoee Police Variable Message Board, Bureau of Justice Assistance (BJA), Grant Request, Edward Byrne Justice Assistance Grant (JAG) Program. (Deputy Police Chief Brown) This is a proposed grant that needs approval from the Commission. The amount requested from Federal Funding is $14,563, and the City funded amount is $11,000.00, which is less than half of the total amount of $25,563.00. This Grant is for the Ocoee PD to acquire a Traffic Unit Variable Message Board. The grant would be awarded after October 2007. Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 7. Tree Removal with Sunstate Tree & Property Maintenance. (Public Works Director Krug) The City has contracted with Sunstate Tree & Property Maintenance for the removal of large trees within City right of ways that require additional expertise and equipment beyond the current capabilities of in house forces. The City has issued purchase orders for $19,495.00 of work to date by utilizing an existing Seminole County Contract No. IFB-3124-05-LJS. Public Works is requesting the City issue a contract purchase order in the amount of $50,000.00 to Sunstate Tree to address the anticipated tree removal requirements for the remainder of the fiscal year. This item was removedfrom the Consent Agenda and Voted on Separately. Commissioner Anderson stated he knows there is money set aside in the budget for tree removal and was inquiring if they are wanting more money then what was set aside from last year's budget for this year. Public Works Director Krug stated there was $70,000 put aside for tree trimming budget and this request is for trees that are beyond the scope of their in-house staff. They have only used $20,000 out of the $70,000 that was budgeted and there intention is not to use all the money that is remaining. Commissioner Hood stated he would like to see the list of trees they are referring to. Commissioner Anderson inquired what they would be doing with $50,000. Public Works Director Krug stated he has no intentions of doing $50,000 worth of work he was just trying to avoid having to come back before the Commission before the end of the year if something were to happen where they would need the money. Commissioner Anderson inquired as to how they would decide on which account would pay for a tree removal. Public Works Director Krug stated it would be mostly for tree removals in the right-of-way easements. Public Works Director Krug also stated he would put together a list for the Commission of what was taken down and what are on the books to be removed. Acting City Manager Croteau stated the comprised list would be e-mailed to the Commission. Commissioner Anderson. seconded by Commissioner Keller. moved to approve Tree Removal with Sunstate Tree & Property Maintenance for a not to exceed amount of $50.000. Motion carried 4-0. with Commissioner Johnson absent. Page 5 of 16 City Commission Regular July 17,2007 8. ROW Mowing and Landscape Maintenance with Valley Crest and GroundTek. (public Works Director Krug) At the September 5, 2006, meeting, the Commission approved contracts with Valley Crest for landscape maintenance and GroundTek for right of way and landscape mowing. The City entered into one (1) year contracts with both firms in order to determine the quality and cost effectiveness of the services provided. Valley Crest and GroundTek have provided reliable continued service for their separated portions of the program, validating the recommendations from the public and private owners that led the City to contract with the firms. The Valley Crest and GroundTek contracts will expire on August 21, 2007, and September 1, 2007, respectively. Based on the responsiveness of the contractors to the City's need for this type of high profile maintenance, the Public Works Department requests direction to proceed with extending the contracts with Valley Crest and GroundTek for a three (3) year period plus two one (1) year extensions. Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 9. Piggyback off City of Orlando Contract (BI05-2056-5) for the Provision and Installation of Fencing. (parks & Recreation Director Hayes) As part of the first phase of improvements for Central Park the Park and Recreation Department is proposing to upgrade the existing fence by replacing damaged and deteriorating chain link fence along the west boundary line and within the park (football field and retention pond). Staff is requesting permission to piggyback off of the City of Orlando's contract (BI05-2056-5) for these services. All-Rite Fence Company, Inc. has submitted a proposal to perform such services in the amount of $31 ,809.70, based upon the aforementioned contract. Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 10. Dedication of Two Parcels to Orange County for the Widening ofClarcona-Ocoee Road east of Clarke Road. (City Engineer Wheeler) The City of Ocoee is conveying ownership of 2 parcels of land to Orange County in order to facilitate the widening of Clarcona-Ocoee Road east of Clarke Road. The 2 parcels were obtained as a portion of lands deeded to the City from Cambridge Development as part of the Orchard Park Development and by Center Lake Properties, L TD as part of the Oak Trail Reserve Development. The City agreed to convey the two parcels of land needed for the widening of Clarcona-Ocoee Road from Hiawassee Road to East of Clarke Road in exchange for Orange County advancing the realignment and widening of West Road from SR 429 to Ocoee-Apopka Road. Orange County Public Works has received bids for their project and are taking the award to their Board in August. The construction schedule is to have the road completed by August 1,2008, prior to school opening. Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 11. Amendment of Budget for Design and Construction of 7th Avenue to Reflect Final Costs. (City Engineer Wheeler) The Engineering Department recommends that the City Commission approve the reallocation of$53,000 in unused funds from the State Road 50 at Maguire Road traffic signal revision project and $6,709.93 in unallocated funds from the planned traffic signal and intersection modification project for Maguire Road at Moore RoadJRoberson Road. This change seeks to fulfill prior City Commission commitments with regard to improvements being made by the developer for the City. Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. Page 6 of 16 City Commission Regular July 17,2007 I F. PUBLIC HEARING - SECOND READING OF ORDINANCES 12. Pioneer Key Regional Stormwater Pond. (principal Planner Rumer) (Advertised as Public Hearing in the Orlando Sentinel on Thursday, July 5,2007, and July 12,2007) a. Annexation b. Rezoning The subject property is located west of Ocoee Apopka Road and north of Palm Drive. The City of Ocoee is requesting the annexation of a 4.53 :l: acre parcel and a change of zoning from Orange County "A-I" (Citrus Rural) to the City of Ocoee "C-2" (Community Commercial). The City of Ocoee intends to use the parcel as a regional stormwater pond. Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 4.53 +/- acres of land known as the Pioneer Key Regional Stormwater Pond parcel, and also adopt the ordinance to rezone the property to "C-2 "Community Commercial". I a. Annexation - Ordinance No. 2007-016 City Attorney Rosenthal read the title of the ordinance. Principal Planner Rumer gave a presentation regarding the Annexation and Rezoning Ordinance of the Pioneer Key Regional Stormwater Pond and informed the City Commission that there is a slight change that will be made to the ordinance due to a discrepancy in the old Land Use Map. The actual zoning designation that was advertised as C-2 will be changed to R-IA. Commissioner Anderson opened the Public Hearing. Commissioner Anderson closed the Public Hearing. Commissioner Hood. seconded by Commissioner Keller. moved to adopt on second readina. Ordinance No. 2007-016. annexina the property known as the Pioneer Key Reaional Stormwater Pond. a 4.53 :!: acre parcel located on the west of Ocoee Apopka and north of Palm Drive. Motion carried 3-0. with Mayor Vanderarift away from the Dias and Commissioner Johnson absent. I b. Rezoning - Ordinance No. 2007-017 I City Attorney Rosenthal read the title of the ordinance and stated there should be a motion to adopt the ordinance as it is and then a motion to amend the zoning, due to the discrepancy Principal Planner Rumer mentioned before. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Keller. seconded by Commissioner Hood. moved to adopt on second readina. Ordinance No. 2007-017. rezonina the property known as the Pioneer Key Reaional Stormwater Pond to "C-2" Community Commercial as advertised. Motion carried 4-0. with Commissioner Johnson absent. Commissioner Hood. seconded by Commissioner Keller. moved to amend the rezonina of the property known as the Pioneer Key Reaional Stormwater Pond Page 7 of 16 City Commission Regular July 17,2007 from "C-2" Community Commercial to "R-1A" Sinale Family Dwellina. Motion carried 4-0. with Commissioner Johnson absent. Commissioner Hood. seconded by Commissioner Keller. moved to adopt on second readina as amended. Ordinance No. 2007-017. rezonina the property known as the Pioneer Key Reaional Stormwater Pond to "R-1A" Sinale Family Dwellina. Motion carried 4-0. with Commissioner Johnson absent. 13.0coee Pines (f/k/a Whispering Pines). (Principal Planner Fabre) (Advertised as Public Hearing in the Orlando Sentinel on Thursday, July 5, 2007) a. Land Use Plan / PUD Rezoning Ordinance. b. Preliminary Subdivision Plan. c. Development Agreement. (Not a Public Hearing) The Ocoee Pines PUD property includes approximately 101 acres of land and is generally located northwest ofClarcona-Ocoee Road and southeast of Forest Lake Golf Course. The property is currently vacant, wooded and undeveloped. Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the rezoning ordinance from Orange County Agricultural "A-I" to City of Ocoee "PUD" based on the Land Use Plan as date stamped received by the City on May 25, 2007 and will further recommend approval of the Preliminary Subdivision Plan and Development Agreement at the Public Hearing for the Second Reading of the Rezoning Ordinance. City Attorney Rosenthal read the title of the ordinance. Principal Planner Fabre gave a presentation regarding the Land Use Plan /PUD Rezoning Ordinance. City Attorney Rosenthal stated that minor changes have been made to the draft Developer's Agreement. Condition of approval to item number 22 will read: the project should be developed in (2) two phases, specific phasing shall be showing on the final subdivision plan and shall be subject to the review and approval of the City. Condition of approval number 58 which was duplicative of another condition of approval was deleted. The Land Use Plan will be revised to be consistent with the Developer's Agreement with respect to those two conditions of approval. Mayor Vandergrift inquired if there was anything in the first phase that would have to be held off until the second phase was started. City Attorney Rosenthal stated they would not know until the final subdivision plan is submitted which is why the phasing is subject to the condition of approval. Commissioner Hood stated he does not have a problem with the phasing as long as that does not effect the rounding of Clarcona-Ocoee Road. Greg Harris, Representative for Ocoee Pines, stated the realignment of Clarcona- Ocoee Road will be done up front. The phasing of the actual developments of the lots will be going in during the first phase including the Community Center and amenities. City Attorney Rosenthal briefly explained to the Commission the boundary line dispute with the Golf Course and the Boundary Line Agreement that will come forth at Final Subdivision Plan. A brief discussion ensued regarding several out parcels they are looking to be condemned and will be brought back before the Commission at a future date. Mayor Vandergrift opened the Public Hearing. Robert Monacky, 1820 Prairie Lake Blvd., inquired about the recreational amenities Ocoee Pines would have, which Mr. Harris gladly answered. Page 8 of 16 City Commission Regular July 17,2007 Mayor Vandergrift closed the Public Hearing. Commissioner Anderson expressed his concerns regarding the landscape plans that were being submitted since there are current changes being made to the landscape ordinance. He further stated that he is asking for some kind of wording to be added in the motion that the developer would be required to go by the updated landscape ordinance when they start development. Mayor Vandergrift inquired as to who was on the Landscape Committee and as to what they were working on. He further stated he felt a planner should be on the committee. Commissioner Anderson briefly explained the efforts of the Landscape Committee. City Attorney Rosenthal stated the preliminary subdivision plan has a landscape plan in it that currently complies with the code. He further stated they could possibly enforce the landscape ordinance change in respect to individual lots and building permit but with respect to the subdivision plan it would be a little bit more complicated since they are not sure what the new landscape ordinance mayor may not impact. Commissioner Keller stated if the Final Subdivision Plan comes back to them after the new landscape ordinance is in effect they could possibly look into it then. Mayor Vandergrift stated he would like to see minutes for the Landscape Committee and a list on who serves on the committee. He would also like for them to come before the City Commission to let them know when and where they meet and what they are working on. I a. Land Use Plan / PUD Rezoning - Ordinance No. 2007-018 Commissioner Hood. seconded by Mayor Vanderarift. moved to approve the rezonina ordinance from Oranae County Aaricultural "A-1" to City of Ocoee "PUD" based on the Land Use Plan as date stamped received bY the City on May 25. 2007. with the Conditions of Approval and consideration of the Landscape Committee. Motion carried 4-0. with Commissioner Johnson absent. I b. Preliminary Subdivision Plan Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded by Commissioner Hood. moved to approve the Preliminary Subdivision Plan as date stamped received by the City on May 25. 2007. per staff's recommendation. Motion carried 4-0. with Commissioner Johnson absent. I c. Development Agreement Mayor Vanderarift. seconded by Commissioner Hood. moved to approve the Development Aareement per staff's recommendation. Motion carried 4-0. with Commissioner Johnson absent. Page 9 of 16 City Commission Regular July 17,2007 I G. PUBLIC HEARINGS 14. Glad Tidings Assembly of God. (Principal Planner Fabre) (Advertised as Public Hearing in the Orlando Sentinel on Thursday, July 5, 2007) a. Special Exception Amendment Glad Tidings Assembly of God Church is proposing to increase their existing Special Exception use to include an additional vacant parcel (3.495 acres) that they acquired adjacent to the subject church (8.965 acres) property. The existing 12,000 square feet church facility is located on the north side of Fuller's Cross Road, approximately 750 feet east of Ocoee-Apopka Road. The total subject property is approximately 12.46 acres in size, zoned R-IA (Single-Family Dwelling). The applicant submitted a site plan detailing the phasing of an expansion of their existing church facility. Upon submission of the site plan, the applicant was notified that a Special Exception is required for the additional land, and that the Special Exception Amendment is required to be obtained prior to fmal site plan submittal. Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Glad Tidings Assembly of God Church/Special Exception Amendment and Preliminary Site Plan for Special Exception date stamped received by the City on July 10,2007. Principal Planner Fabre gave a presentation regarding the Glad Tidings Assembly Special Exception. Mayor Vandergrift opened the Public Hearing. Pastor Clinton Howell thanked the City Commission for their consideration of the special Exception. Mayor Vandergrift closed the Public Hearing. Commissioner Hood. seconded by Commissioner Anderson. moved to approve the Glad Tidinas Assembly of God Church/Special Exception Amendment and Preliminary Site Plan for Special Exception date stamped received by the City on July 10.2007. Motion carried 4-0. with Commissioner Johnson absent. 15. Clarence Brown Variance. (Principal Planner Rumer) (Advertised as Public Hearing in the Orlando Sentinel on Thursday, July 5, 2007) This variance application requests that a proposed sunroom addition at 868 Cool Springs Circle be allowed to encroach 10 feet into the 25 foot rear yard setback. The proposed sunroom would replace an existing patio that contains screens for sides and a solid aluminum roof. The applicant contracted with Four Seasons Sunrooms to build a lO'xI8' glass sunroom, but due to the 25' setback; the building permit was rejected. The applicant stated as part of the application that he has an existing spinal cord injury and the proposed addition would allow use of the room during all climates and weather conditions for rehabilitation exercises. Based on the above report, staff does not believe the variance requested by Clarence and Daphne Brown is supportable. Should the City Commission deny the variance request, staff recommends that the Mayor and City Commission make a fmding under Subsection 4-9 B. (2) and (3), that: 1) The reasons set forth in the application do not justify granting a variance; 2) The denial of the variance will still allow for the reasonable use of the land and building; and 3) The granting of the variance will not be in harmony with the general purpose and intent of these regulations and will be injurious to the surrounding territory, or otherwise be detrimental to the public welfare. Principal Planner Rumer gave a presentation regarding the Clarence Brown Variance. Page 10 of 16 City Commission Regular July 17,2007 Mayor Vandergrift opened the Public Hearing. Clarence Brown stated when he became ill and was told he may have to use a mobilize chair he decided to use the screen room to do rehabilitation exercises. The problem is that in the summer the room gets hot and during the winter it becomes to cold so he is requesting a variance to enclose the room for climate control. Mayor Vandergrift closed the Public Hearing. Commissioner Keller. seconded by Mayor Vanderarift. moved to approve the Clarence Brown Variance based on the circumstances presented at the Public Hearina. Motion carried 4-0. with Commissioner Johnson absent. City Attorney Rosenthal reminded the City Commission that part of the Board of Adjustment recommendation is that City Commission direct staff to look at amending the LDC requirements with respect to this particular issue. Mayor Vandergrift stated staff should look into it and bring something back to the Commission. 16. Vincent Gramaglia Variance. (Principal Planner Rumer) (Advertised as Public Hearing in the Orlando Sentinel on Thursday, July 5, 2007) This variance application requests that a proposed sunroom addition at 501 Bridge Creek Blvd be allowed to encroach 8.6 feet into the 25 foot rear yard setback. The proposed sunroom would be used for recreational and added home value. The applicant contracted with Four Seasons Sunrooms to build a 12'-7W' x 23'-6" glass sunroom, but due to the 25' setback; the building permit was rejected. Based on the above report, staff does not believe the variance requested by Vincent Gramaglia is supportable. Should the City Commission deny the variance request, staff recommends that the Mayor and City Commission make a finding under Subsection 4-9 B. (2) and (3), that: I) The reasons set forth in the application do not justify granting a variance; 2) The denial of the variance will still allow for the reasonable use of the land and building; and 3) The granting of the variance will not be in harmony with the general purpose and intent of these regulations and will be injurious to the surrounding territory, or otherwise be detrimental to the public welfare. Principal Planner Rumer gave a presentation regarding the Vincent Gramaglia Variance. Mayor Vandergrift opened the Public Hearing. Vincent Gramaglia thanked the board for considering the variance and provided the board with letters of approval from the HOA and his neighbors regarding the proposed sunroom. Mayor Vandergrift closed the Public Hearing. Mayor Vanderarift. seconded by Commissioner Keller. moved to approve the Vincent Gramaalia Variance based on the circumstances presented at the Public Hearina. Motion carried 4-0. with Commissioner Johnson absent. Page 11 of 16 City Commission Regular July 17,2007 I H. FIRST READING OF ORDINANCES 17. Thomas Property. (Principal Planner Rumer) a. Annexation b. Rezoning East side of Lauren Beth Avenue, 600 feet south of the intersection of Clarcona Ocoee Road and Lauren Beth A venue. Kirt Thomas is requesting the annexation of an 18.69 ::I: acre parcel and a change of zoning from Orange County "A-I" (General Agriculture) to the City ofOcoee "A-I" (General Agriculture). Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 18.69 +/- acres ofland known as the Thomas Property, and also adopt the ordinance to rezone the property to "A-I" General Agriculture. City Attorney Rosenthal read the titles of the Annexation Ordinance and the Rezoning Ordinance for the Thomas Property. Mayor Vandergrift announced that the 2nd Reading and Public Hearing will be heard on August 7,2007, at 7:15 p.m., or as soon thereafter as may be heard. 18. Oak Level Heights. (Principal Planner Rumer) a. Annexation b. Rezoning South side of Clarcona Ocoee Road, at the southwest comer of the intersection of Clarcona Ocoee Road and Angola Street. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use and initial zoning classifications are consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 0.58 +/- acres of land acres of land known as the Oak Level Heights property, subject to an annexation agreement including a provision that would waive the lot width requirements of Section 5-10 (B) of the Land Development Code and also adopt the ordinance to rezone the property to rezoning to "R-l" Single-Family Dwelling. City Attorney Rosenthal read the titles of the Annexation Ordinance and the Rezoning Ordinance for Oak Level Heights. Mayor Vandergrift announced that the 2nd Reading and Public Hearing will be heard on August 7,2007, at 7:15 p.m., or as soon thereafter as may be heard. I I. REGULAR AGENDA 19. Authorization of Staff to Proceed with a Boundary Survey for the Tiger Minor Park Property. (Principal Planner Rumer) Tiger Minor Park, one of City of Ocoee's premier parks that provides a playground, pavilion, benches, grills, basketball court, tennis courts, & restrooms consists of 9.46::1: acres of park land with a portion of its boundaries lying within the limits of unincorporated Orange County. In order to annex the portion located in Orange County into the Ocoee City limits, a legal description in metes and bounds is required by Florida Statute 171.044 (3). Staff respectfully requests the expenditure of Contingency funds in the amount of not to exceed $8,980.00 for a Boundary Survey in order to provide a metes and bounds legal description for property located at Tiger Minor Park. Page 12 of 16 City Commission Regular July 17,2007 Commissioner Anderson. seconded by Commissioner Hood. moved to authorize staff to proceed with a boundary survey for Tiaer Minor Park. Motion carried 4-0, with Commissioner Johnson absent. 20. Resolution to Reduce the Development Review Application Fees for Variances. (principal Planner Rumer) The City Commission requested staff to look into reducing the application costs for obtaining a variance. Staff researched variance fees from other jurisdictions and proposes the Flat Review Fee be decreased from $500 to $250 for Single-Family Residences, all other variance fees be decreased from $750 to $500, and the requirement for the $1,000 deposit be eliminated. Staff respectfully recommends that the Mayor and City Commissioners approve the resolution reducing the variance fees from a $500 Flat Review Fee to a $250 Flat Review Fee for Single-Family Residences, all other variance fees be decreased from $750 to $500, and the requirement for the $1,000 deposit be eliminated. City Attorney Rosenthal read the titles of the Resolution. Commissioner Anderson. seconded by Commissioner Keller. moved that if an applicant is denied a variance they would receive half their application fee back. Motion was rescinded. Commissioner Anderson. seconded bv Commissioner Keller. moved to adopt Resolution 2007-005. reducina the Development Review Application Fees for Variances per staff's recommendation. Motion carried 4-0. with Commissioner Johnson absent. 21. Discussion and Direction on Electronic Message Board Signs. (Community Development Director Wagner) Since the adoption of the upgraded sign regulations in the Land Development Code, the use of flashing, moving, or message board signs, commonly referred to as LED signs has been prohibited in all zoning districts of the City. There is not one electronic message board sign in the City today. It has recently come to the attention of staff that there has been a request to allow these signs to be permitted for a local school. Staff respectfully recommends that the Mayor and City Commissioners continue to prohibit electronic message board signs in all zoning districts of the City through Section 6.14 (5) (a) (i) of the Land Development Code in order to maintain superior development standards and prevent the proliferation of visual pollution and clutter which would preclude Ocoee from maintaining its attractiveness and upgraded visual character. Moved up on the agenda under Comments from Citizens/Public. 22. Appointments to the Ocoee Police Infraction Hearing Board. (City Clerk Eikenberry) Ordinance 2007-007, adopted May 15, 2007, amends Chapter 168 of the City of Ocoee Code of Ordinances and calls for the creation of the Ocoee Police Infraction Hearing Board as follows: The Hearing Board shall consist of seven (7) members, two of which must be members of the Citizens Advisory Council of the Ocoee Police Department (CACOPD). Additional members of the Hearing Board may also be members of CACOPD. All members of the Hearing Board shall be residents or business owners from the City of Ocoee. Each member of the City Commission shall appoint a member of the Hearing Board. The other two members of the Hearing Board shall be appointed by the City Commission from among the membership of the CACOPD. The Chief of Police shall provide the City Commission with his recommendation as to the appointees from the CACOPD. Members of the Hearing Board shall serve 2-year terms; provided, however, that the initial members of the Hearing Board appointed by each City Commissioner shall serve a one year term. Page 13 of 16 City Commission Regular July 17,2007 Acting City Manager Croteau stated when the Ocoee Police Infraction Hearing Board was created it was stated that: The Hearing Board shall consist of seven (7) members, two of which must be members of the Citizens Advisory Council of the Ocoee Police Department (CACOPD). Police Chief Reffet has recommended Robert Minarcin and Louise Torres from the Police Advisory Board. Commissioner Keller. seconded by Mayor Vanderarift. moved to approve recommendation of Police Chief Reffet in appointina Robert Minarcin and Louise Torres to the Ocoee Police Infraction Hearina Board. Motion carried 4-0. with Commissioner Johnson absent. City Attorney Rosenthal informed the Commission that they should put their recommendation for designation of members to the board in writing addressed to the City Clerk. Their individual recommendations do not need to come back before the Commission. Commissioner Hood inquired about appointments to the Charter Review Board and stated he is recommending Danny Howell for the board. Mayor Vandergrift stated he is recommending Kirt Thomas to the Ocoee Police Infraction Hearing Board. 23. Appointment to the West Orange Chamber of Commerce Nomination Committee. (City Clerk Eikenberry) The Chamber will be appointing a nominating committee in August and will then meet to determine the slate for 2008. They have asked that the City Commission determine who will represent the City of Ocoee on their board. This item will be brought back before the City Commission once they get more clarification. I J. STAFF REPORTS 24. Discussion regarding Dinner Sponsorship for Homes in Partnership, Inc. (Commissioner Johnson) Commissioner Anderson moved to approve a sponsorship of $200. Motion died due to lack of second. Add-on Item: Florida League of Cities looking for Representatives. (Acting City Manager Croteau) Acting City Manager Croteau informed the Commission they had received a memo from the Florida League of Cities looking for representatives for the following four (4) committees: Municipal Service Delivery Council, Urban Planning Council, Fiscal Stewardship Council, and Home Rule Administration Council. Page 14 of 16 City Commission Regular July 17, 2007 Commissioner Anderson. seconded by Commissioner Hood. moved to appoint Commissioner Keller to the Fiscal Stewardship Council. Motion carried 3-0. with Mayor Vanderarift away from the Dias and Commissioner Johnson absent. Commissioner Anderson. seconded by Commissioner Keller. moved to appoint Mayor Vanderarift to the Home Rule Administration Council. Motion carried 3-0. with Mayor Vanderarift away from the Dias and Commissioner Johnson absent. Commissioner Anderson. seconded by Commissioner Keller. moved to appoint Commissioner Hood to the Urban Plannina Council. Motion carried 3-0. with Mayor Vanderarift away from the Dias and Commissioner Johnson absent. Commissioner Anderson. seconded by Commissioner Keller. moved to appoint Commissioner Johnson to the Municipal Service Delivery Council. Motion carried 3-0. with Mayor Vanderarift away from the Dias and Commissioner Johnson absent. Add-on Item: Ingram Road Closure. (City Engineer Wheeler) City Engineer Wheeler informed the City Commission of the Ingram Road Closure and stated it is set to be closed from August 19-24th. ~ COMMENTS FROM COMMISSIONERS I Commissioner Hood - stated that there are some residents are having domestic disturbance between 2-4 a.m. It seems like there has been many incidents with that home. He would appreciate it if the Police Department could look into the situation and see what they could do. Deputy Chief Goclon stated that he would check into it. Commissioner Anderson - 1) discussed the pollution with Starke Lake. He further discussed that last year they implemented the Center Street ditch which should help improve the pollution which goes into the lake. They are also working on a landscape ordinance that will address enforcement of biodegradable products and runoff issues that go on with lakes and ponds. 2) stated that there is about $40,000 designated in this years budget for road tables and inquired if those road tables are actually going to be put in. He requested that Public Works Director Krug bring back a report that will indicate where the money will be used. Public Works Director Krug stated that they are waiting to hear back from the petition phase for the four areas that they originally proposed when they initially brought it to the Commission. They are receiving a lot of questions and addressing the publics concerns. They may extend the window to have the surveys back in order to answer as many questions as possible. 3) stated that on Flewelling Road, they need to look into putting a stop sign where the railroad track is located. That area is becoming a speedway. Public Works Director Krug stated that he would like to put two speed tables in front of the park area on Russell. They have been holding off because they are working on the resurfacing project. The issue will be addressed. Page 15 of 16 City Commission Regular July 17,2007 Commissioner Keller - no comments. Mayor Vandergrift - would like to thank the City Commission on the evaluation process of the City Manager. He added that they are always looking for a better way to handle that situation. I ADJOURNMENT The meeting was adjourned at 9:37 p.m. Attest: APPROVED: City of Ocoee ,- / ""- Page 16 of 16