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HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION November 6, 2007, at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the Invocation the Pledge of Allegiance to the Flag was led by Justin Cortiere and JR Sanchez, Ocoee Scouts from Troop 210. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I B. PRESENTATIONS AND PROCLAMATIONS Presentation by CACOPD for Officer of the Quarter Award. (Police Chief Reffett) Officer of the Quarter was presented to Detective Nylander for his work on crimes against woman and children. Ocoee Professional Firefighters Union Local 3623 Presenting Proceeds From their 3rd Annual Charity Golf Tournament to B.A.S.E. Camp Children's Cancer Foundation - FirefighterlParamedic Bowman. Firefighter Paramedic Fred Bowman and Engineer James Kelly presented a check in the amount of $5,318.55 to B.A.S.E. Camp Children's Cancer Foundation. Ms. Ellis from the B.A.S.E. Camp thanked the Firefighters for their support. She said her charity organization provides meals and movies for kids in the hospital and field trips outside the hospital, as well as milestone parties when children reach a significant point in their recovery. She said everything they are able to do is done through individual donations from the community. Certificates of Appreciation for those who helped with Founders Day-Commissioner Johnson - Awards were presented to the following: Lions Club - Bob Godek West Orange Chamber of Commerce Mac Briley - Parks and Recreation Department Pam Brosonski-Finance Department Charlie Brown-Police Department Frank Coleman-Information Systems Department Pat Cornell-Utilities Department Steve Goclon-Police Department Mark Johnson-Parks and Recreation Department Martha Lopez Anderson-volunteer resident Steve Marbais - resident, said there were 62 antique cars this year, there were 120 entries but the rain kept many away Steve McKosker-Police Department City Commission Regular November 6, 2007 Jamie Meeks- Parks and Recreation Department Ronald Moore -Public Works Department Gloria Vyka Petrone-City Managers Office Vito Petrone-Parks and Recreation Department Butch Stanley-Fire Department Rosemary Wilsen-volunteer resident David Wheeler-city engineer Fire Assessment Fee - Presentation by Government Services Group (GSG) regarding the Final Assessment Report. Mayor Vandergrift stated that this is not an action item tonight, we are just here to hear the presentation from Government Services Group (GSG). Camille Tharpe of GSG, said we kicked off in late June, draft report is available to the Commission and Public. She gave a PowerPoint presentation outlining: Topics of Discussion Special Assessments - Case Law Criteria Data components of the Apportionment Methodology Call/Incident Data; Historical Demand for Fire Rescue Services FY 2007-08 Projected Assessable fire budget Cost Apportionment; based on FY 2007-08 Budget Parcel Apportionment - commercial is based on sq footage, flat fee for residential Preliminary Assessment Rates - 100% of Assessable costs = $3,664,381 Preliminary Assessment Rates - 50% of Assessable costs = $1,832,191 Impact of Exemptions Remaining Issues - Separate Bill this year; Exemption of institutional, tax-exempt (non governmental parcels); Exemption of governmental property. Ms. Tharpe said there are decisions that need to be made before we move forward as to whether or not to implement the Fire Assessment Fee and how it would be implemented. She said that no matter what the final decision, it would be wise to adopt the Resolution of Intent by December 4, 2007, which does not cause the implementation of the fee, but allows the City the Option of Adopting an Ordinance to implement the fee should they decide to do that. Without the Resolution of Intent, it cannot be implemented. Ms. Tharpe displayed the Project Schedule, which she said was an aggressive schedule, but it can be done. She added that if the City chooses to wait until next September, they can you can do that and place it on the tax bill, instead of doing mail out bills this year. Commissioner Keller asked what she is hearing regarding state legislation on these types of assessments. Ms. Tharpe said many local cities are moving forward quickly because there is no telling what changes will be made by the state legislation in the Spring. She added that, at this time, cities are allowed to implement Fire Fees under Home Rule, but future legislation could restrict local government's ability to do such assessments. I C. COMMENTS FROM CITIZENSIPUBLIC I Greg Murphy, 1) said the speed tables on Lady Ave with brick sections and the island in the middle ineffective. He said Ocoee should consider roundabouts like Windermere and Gotha which slow traffic down. Mr Murphy read an email he received from Public Works, stating traffic is at or below 25 mph on Lady Avenue but still speeding between Wurst Road and Ursula Page 2 of 16 City Commission Regular N ovem ber 6, 2007 Street, but he will meet with PD to address the issue later this week. He feels the real answer to the problem is speed bumps on the road to slow down these habitual speeders. He is bringing it to the City Commission because he feels this is a safety issue and it needs to be addressed before a child is injured. Commissioner Anderson said they will look into getting state money if disabled kids live on street. Randy Wilkerson, Spring Lake Circle, said that there are speed tables on Montgomery Road between White Road and Highway 50 that are very effective and inexpensive to install. Public Works Director Krug said that they cost approximately $4500 to install; there are 8 locations waiting for approval on the consent agenda tonight. Others will be done as necessity and funding dictates. R.P. Monacky, said speed bumps will slow traffic down, even at 25 mph. 2) said there is a dark spot at the entrance to Forest Oaks on AD Mims Road at Prairie Lake Blvd. that needs to be addressed. I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood - 1) said that 3 year old Connor Doyle, son of Football Coach at Ocoee High School, is suffering from leukemia and they are doing some fundraisers. There is a car wash at Ocoee High School between 1pm and 3pm and all proceeds will go to Connor Doyle. There is also an upcoming golf tournament that he will announce at the next meeting. 2) reminded everyone about the Veteran's Day Ceremony on November 9, 2007 at 11:00 am at the gazebo on Starke Lake, and 3) Pop Warner Cheerleader competition, Junior PeeWees placed second, and the PeeWees and Midgets placed first. 4) Pop Warner PeeWee Team had a very good season 5) Ocoee High School Band will be selling Christmas Trees. 6) Ocoee High School Theater is doing a Comedy on November 15, 16, 17, and urged people to go and see it, 7) Winter Sports are starting up, Soccer, Basketball, Girls Soccer, etc. and 8) the last football game is this Friday night against Timber Creek. Commissioner Anderson- 1) asked about the overgrown property at Ocoee Hills Road and Silver Star Road, which is obstructing vision. Public Works Director Krug advised that it is county, but if it is a sight issue for our residents we can take care of it 2) read a letter that he drafted regarding water conservation programs in other cities that are being implemented and how he would like the Commission to direct staff to prepare a presentation of current water preservation plan, have staff include incentives that we are currently using, and presentation of implementing future incentive programs to enhance our water conservation program. Commissioner Johnson - none Commissioner Keller 1) thanked Commissioner Johnson and staff for a great Founders Day, the crowd appeared larger than ever 2) Ocoee band has a chance to be in the Citrus Parade, you can vote at www.wftv.com and the band that gets the most votes will be in the Citrus Parade. 3) asked Commission to approve his nomination of Michael Barnes to the Charter Review Board. Mayor Vandergrift 1) read a card from the Ocoee Rednecks Truck Club, thanked the City for letting them in the Founder's Day Parade and said they are proud to live in Ocoee. 2) read an email from Paul James regarding speed bumps in the area of Lady Avenue, the road should be blocked off because it is a cut through to get to Clarcona Ocoee Road. 3) said Sunday afternoon at 2:00 pm there will be a meeting of the Clarcona Improvement Association (CIA) with regards to the School Board issue of Evans being moved to the Ninth Grade Center, the final decision will be made on December 4,2007. Page 3 of 16 City Commission Regular November 6, 2007 I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of October 16, 2007, and Special Session Minutes of September 24,2007. (City Clerk Eikenberry) Approved on Consent. motion carried 5-0. 2. Appointment to the Human RelationsIDiversity Board. (City Clerk Eikenberry) Members of the Human Relations/Diversity Board (HRDB) serve two-year terms. Currently the board has eight (8) members. The Resolution provides that HRDB membership shall consist of no less than seven (7) members and no more than fifteen (15) members. One application was recently submitted for the Human Relations/Diversity Board; therefore staff recommends the City Commission consider appointing Berwyn Oltman to the Human Relations/Diversity Board with a term ending May 1,2009. Approved on Consent. motion carried 5-0. 3. Appointment to the Code Enforcement Board. (City Clerk Eikenberry) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City technical Codes, negotiate compliance and impose fmes for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three year terms. The board currently consists of seven (7) regular members and no alternate members. One application has been submitted for a position on the board by Julius Sais (District I). Approved on Consent. motion carried 5-0. 4. Approval of Holiday Lights and Banners. (public Works Director Krug) The Commission approved $50,000.00 for Holiday decorations in the 2007-2008 Budget. Clark Sales Display, Inc., Tavares, Florida, has traditionally provided the City's Holiday lights and banners on existing utility poles where Progress Energy has provided electrical connections throughout the City. The terms of the lease include installation, removal and storage by Clark Sales Display. Staff continues to recommend leasing the decorations in order to provide the most up to date lights and banners for the proposed $37,750.00. The remaining money for this budgeted item can be used for adding new electrical connections for additional lighted decorations beginning with the 2008 Holiday season and replacing electrical connections that are no longer functioning. Approved on Consent. motion carried 5-0. 5. Approval of 2007-2008 Resurfacing Program. (Public Works Director Krug) The Commission approved $200,000.00 for the City road resurfacing program in the 2007-08 budget and $192,746.04 is estimated to cover the resurfacing for following programmed streets; Nicole Street, Joan Lee Court, Lauren Beth Street, Nancy Ann Terrace, Jessica Lee Lane, Shari Lynn Terrace, Wyoming Court, and Amanda Court. The remaining budget of $7,253.96 will be held as a reserve for potential quantity over-runs. Based on the current cost of asphalt and the apparent structural integrity of the programmed roads, Public Works recommends the City proceed with issuing a purchase order for the resurfacing of the residential streets for a not to exceed amount of $200,000.00 with Orlando Paving Company. This proposal utilizes the existing City of Orlando Annual Agreement for Streets Resurfacing BI05-2015. Approved on Consent. motion carried 5-0. 6. Approval of Traffic Calming Speed Tables (2006-2007). (Public Works Director Krug) The 2006-07 City budget allocated $40,000.00 for traffic calming projects. Public Works received fourteen (14) traffic calming evaluation requests for the 2006-07 year. Based on the field data, the Commission approved proceeding with the Petition Drive Procedures for Kimball Dr., Center St., Marlene Dr. and Ridgefield Ave. The Commission also requested two speed tables be installed on Russell Dr. in the vicinity of the Park. Following numerous extensions to the petitioning time frame to provide ample opportunity for securing approvals from as many property owners as possible, only Kimball Dr. & Marlene Dr. had the required Page 4 of 16 City Commission Regular November 6, 2007 majority approving the installation of traffic calming devices. Public Works has researched the use of prefabricated traffic calming devices made from recycled materials and proposes using two styles for the three areas listed above as produced by Traffic Logix. Approved on Consent, motion carried 5-0. 7. Approval of Distribution Easement for Progress Energy Florida, Inc. on the South WTP Property. (City Engineer Wheeler) Progress Energy is requiring the City of Ocoee to grant a 10' easement centered over the underground conduit on a portion of South Water Treatment Plant Property. This easement is required in order to run a second feed to the WTP which will run from an existing transformer on the WTP property across the Thomebrooke Relief Elementary site and continue along Tomyn Blvd. to the existing transformer for the City Lift Station at Wesmere Properties. Both existing transformers are currently on single feeds. Looping the system will provide multiple feeds to all three facilities. Approved on Consent. motion carried 5-0. Consent Agenda Vote: Commissioner Anderson. seconded bv Commissioner Keller. moved to approve Consent Aaenda Items #1 throuah #7. Motion carried 5-0. I F. PUBLIC HEARINGS 8. Arden Park South - Preliminary /Final Subdivision Plan. (Advertised in the Orlando Sentinel Legal Classified on Thursday, October 25,2007). (Senior Planner Howell) Arden Park South is located on the south side of Clarcona-Ocoee Road, approximately 500-feet west of the intersection of Clarke Road and Clarcona-Ocoee Road. The subject property is approximately 95.52 acres in size. This is the first phase of the Arden Park Planned Unit Development (PUD), which was approved by the City Commission on November 21,2006. The Preliminary/Final Subdivision Plan proposes the construction of infrastructure for a 157 lot single-family detached subdivision. The property slops downward toward Lake Meadow and exhibits significant topographic relief. Senior Planner Howell gave a brief history of the Arden Park South PreliminarylFinal Subdivision Plan and showed exhibits. The Planning and Zoning Commission met on October 9, 2007, and recommended approval ofthe project. Staff recommends approval. Mayor Vandergrift asked if the City had to maintain the wetlands if they were deeded to the City. Senior Planner Howell said that was his understanding. Commissioner Hood asked about allowing better movement for fire trucks and garbage trucks on the cul-de-sac, and the timing of the sidewalks to allow access to the trail, and if that had been done. Senior Planner Howell said those improvements had been made and was unsure of the time frame. Nick Gargasz, Land Development Manager for Beazer Homes, said the sidewalks inside the community will be done with infrastructure. The path around lake will not be done by them; they are providing easement for the City to install sidewalks at a later date. Senior Planner Howell said that was all part of a master path around several developments around lake. Commissioner Hood inquired about putting in speed bumps. Mr. Gargasz said they would look into that in the future if a need was determined. Commissioner Hood had a concern about the walking path around a portion of the property. City Manager Frank reported that no funds were dedicated to that path within the 5 year CIP; it would be the sole responsibility of the City Page 5 of 16 City Commission Regular November 6, 2007 and was not discussed with the developer. Commissioner Johnson commented that it is a private gated community and the HOA should maintain it. City Attorney Rosenthal stated the Comprehensive Plan requires that it would be public and said the negotiating issue was allowing the public access around the entire lake. Community Dev. Director Wagner said the public path around the lake was a request from Ocoee's Parks & Recreation Advisory Board and is part of the Comp Plan from the State of Florida as part of our transportation program. The intent on one side is a natural type walking path, not intended to be for bicyclists, etc. The pathway area, owned by the City of Ocoee, will have access on the east side of the lake and there is a 100 yard stretch at Woodbury property where there will be public access. People buying properties will know that it is public access. Commissioner Anderson asked if residents would be buffered from public access since it is a gated community. Community Dev. Director Wagner said this was all part of the negotiation process for years due to it being part of our Comp Plan. He explained that Tract A of Ryland Homes also has the same connecting pathway. He said it is above the 100 year flood plan. Mayor Vandergrift inquired about access from Clarke Road. City Attorney Rosenthal said that issue is still under discussion with staff. The current approval from City Commission calls for a road to be acquired by the City in the Woodbury Property and there have been some staff discussions as to the appraisal values relating to that acquisition. He said it is not a code requirement to have access from Clarke Road or to have two entrances. Commissioner Keller asked about the center for the HOA. Senior Planner Howell said the meeting room would be constructed in the northern phase and there would be more of a picnic area in the southern part of the neighborhood. He said that a waiver had been approved as part of the PUD to delay that construction until the later phase. Commissioner Keller inquired about the depth of the lake and if boats would be able to have access. Mr. Gargasz said the intent was not to have boat access because the lake depth fluctuates so much. The Public Hearing was opened. As no one wished to speak, the Public Hearing was closed Commissioner Hood, seconded bv Commissioner Keller, moved to approve the Arden Park South Preliminary/Final Subdivision Plan, per Staff approval. Motion carried 5-0. 9. Villa Roma - Preliminary Subdivision Plan. (Advertised in the Orlando Sentinel Legal Classified on Thursday, October 25, 2007). (Principal Planner Fabre) The Villa Roma project will be developed as a private, gated townhome community with fee simple ownership of the units. The Preliminary Subdivision Plan proposes a total of 52 townhome units on approximately 21.13 acres. As is customary, the wetlands, (Tract "E") approximately 6.39 acres, will not be developed and will ultimately be dedicated to the City. The proposed amenity package consists of a swimming pool, pool cabana, tot-lot and off-street visitor's parking. The townhome lots will be approximately 23-feet wide by 100 feet in depth. The townhome units have been designed to allow one car to park in the driveway and one car to park in the garage. The rest of the required parking spaces will be provided within off-street parking bays. The Developer has indicated that due to grade changes they are unable to save any trees on the site. They would Page 6 of 16 City Commission Regular November 6, 2007 prefer to replace the protected trees at a 4 to I ratio instead of providing a tree saving program for the site. Staff has commented on this issue throughout the subdivision review process. It appears to staff that some significant trees on the northeast comer of the site could possibly be saved. Nevertheless, staff has agreed to forward this request to the commissioners for their direction and formal action. Principal Planner Fabre gave a brief history of the Villa Roma Preliminary Subdivision Plan. Staff is recommending approval through the process; however, the Planning and Zoning Commission recommended denial because there was no tree preservation program. Subsequent to that, they came back and submitted supplemental documentation, whereas they are proposing to save some peripheral trees. City Staff said that documentation looks good and can be implemented with the Final Subdivision Plan. Peter Palermo, Villa Roma, stated they had been working for three and a half years on the project with the City Staff. Because of topography, they had to raise the land so much that most trees will die. They have since found ways to save 120 trees and take down 180, and will replace them on the 4 to 1 schedule. Commissioner Anderson said they gave the final proposal on landscape to staff and would like to have them follow the new landscape ordinance if it is adopted in the next few months. He explained it was aimed more at water-conscious landscaping. The Public Hearing was opened As no one wished to speak, the Public Hearing was closed. Commissioner Hood, seconded by Commissioner Anderson, moved to approve the Staff recommendation for the Villa Roma Preliminary Subdivision Plan, with the condition of approval that the developer shall comply with any amendments to Ocoee's Landscapina Reaulations and Ordinances, which may be hereinafter enacted by the City Commission, prior to approval of the Final Subdivision Plan. Motion carried 5-0. I G. FIRST READINGS OF ORDINANCES 10. O'Donnell Property - Rezoning from R-lto C-2. (Second Reading and Public Hearing will be held on November 20, 2007, at 7:15 p.m. or as soon thereafter as may be heard). (Principal Planner Rumer) The subject property is located within the Downtown Redevelopment Area. The objective of the Downtown Redevelopment Area is to attract reinvestment in the downtown area. The proposed development schemes should include visual landmarks and public areas; quality pedestrian areas; mixed and multi-uses, including retail, general commercial, restaurants, various forms of residential uses, and professional offices and services. The subject parcel is vacant but the applicant has undertaken site work to establish a stabilized parking area. A fence consisting of wood and wrought iron has been placed around its perimeter. The applicant owns the parcel to the west and has recently remodeled it. The applicant intends to combine both properties and rent out a portion of the remodeled office as an insurance office and use the remaining space and property for short term vehicle storage. City Attorney Rosenthal read the title only of the ordinance. Page 7 of 16 City Commission Regular November 6, 2007 Mayor Vandergrift announced the second reading and public hearing would be held on November 20,2007, at 7:15 p.m. or as soon thereafter as can be heard. Commissioner Johnson disclosed that he represented the buyer on the O'Donnell building and asked about abstaining from the vote. City Attorney Rosenthal said he would get the details from him prior to the second reading and let him know. 11. Meadow Ridge PUD Amendment - Impervious Surface Percentage. (Second Reading and Public Hearing will be held on November 20, 2007, at 7:15 p.m. or as soon thereafter as may be heard). (principal Planner Fabre) The Meadow Ridge PUD is located at the southeast quadrant of the intersection of Maguire Road and Moore Road. The residential portion of the PUD consists of 152 single-family lots. The City Commission, on March 7, 2006, reviewed and approved the Final Subdivision Plan for the residential portion of Meadow Ridge PUD. After construction started, the home builder noticed that due to their home product design and the size of the lots, the addition of a typical size swimming pool would exceed the maximum 50 percent impervious surface development standard for the PUD. Accordingly, the applicant has requested an increase of the maximum allowable impervious area for certain residential lots. City Attorney Rosenthal read the title only of the ordinance. Mayor Vandergrift announced that the second reading and Public Hearing will be held on November 20,2007, at 7:15 p.m. or as soon thereafter as may be heard. I H. SECOND READINGS OF ORDINANCES - PUBLIC HEARING 12. Approval of Revised Personnel Rules & Regulations, amending Ordinance 2005-017. (Advertised in the Orlando Sentinel Legal Classified on Sunday, October 28, 2007). (Human Resources Director Carnicella) The Ordinance providing for the PRR's has not been amended since 2005. The City Manager has requested the Human Resources Director complete the draft revisions of the PRR's. This revision of the PRR's is a comprehensive edit and includes some new provisions. Staff recommends the Commission repeal Ordinance 2005-017 as Amended and adopt the Personnel Rules and Regulations on fIrst reading. This Item was moved up and discussed in the middle of the Presentations Section. City Attorney Rosenthal read the title of the Ordinance. Mayor Vandergrift opened the Public Hearing. Mayor Vanderarift. seconded by Commission Anderson moved to continue this item until a time certain of November 20. 2007. at 7:15 p.m. or as soon thereafter as may be heard. 13. Residential Yard Regulations Ordinance. (Advertised in the Orlando Sentinel Legal Classified on Thursday, October 25,2007). (Community Development Director Wagner) In 2005, several members of the City Commission brought to staffs attention concerns regarding fence and front yard parking problems in residential areas. Staff researched these issues and conducted an inventory of the Land Development Code and City Code of Ordinances to determine if future amendments were necessary to correct these problems. On August 16,2005, staff presented a summary of fmdings to the City Commission for recommended action. That presentation related to canopy covered parking structures, boats, RVs, and campers parked in front yards, parked vehicles overhanging sidewalks in residential neighborhoods, parallel street parking in the grassed easement between the street and sidewalk, the placement of mechanical equipment on Page 8 of 16 City Commission Regular November 6, 2007 comer lots, front yard parking, conversions of garages to living space, and fences in front and side yards. Staff has drafted an ordinance proposing amendments to the Land Development Code and the Code of Ordinances per the direction of the City Commission regarding issues of concern in residential areas. On August 8, 2006, the Planning & Zoning Commission voted unanimously to recommend approval of the proposed amendments to the Land Development Code and City Code of Ordinances. On September 5, 2006, the City Commission held a Public Hearing on the proposed amendments and tabled the issue until further discussion ensued. This Item moved up on the Agenda and heard after the Consent Agenda. City Attorney Rosenthal read the title of the ordinance. Community Development Director Wagner gave a PowerPoint presentation reviewing the background and emphasizing the areas ofthe ordinance that are most controversial. Mayor Vandergrift opened the Public Hearing The following residents spoke against implementing certain portions of the ordinance pertaining to parking: (List of N ames/Addresses) City Attorney Rosenthal summarized the changes to the ordinance. 1) Page 3; Section 168- 4(A) Subsection 16 Add to the exception list: Parking of vehicles shall be prohibited in grassed or landscaped portions of all public or private roadways and rights-of-way except along streets with a width of less than 22 feet; and except along the following roadways: AD Mims Road, Flewelling Avenue, Wurst Road, Center Street, Ocoee Hills Road, Russell Drive, Willow Creek Road, Adair Street, Spring Lake Circle, Phyllis Street, Mabel Street, and South Lakewood Avenue and East Delaware Street. 2) Page 8; Section 6-4(H) Changes to Subsection 2 dealing with residential driveways, and now there will be no changes to that section so the words shown as strikethrough will remain, with the exception ofthe word "dirt." Any residential sidewalk driveway parking space or other vehicle circulation area, whether of a paved surface such as asphalt, concrete, or brick, or of an unpaved surface such as gravel or mulch, shall be set back at least two (2) feet from the rear property lines. Provisions of this code shall apply to prohibit the diversion of drainage from vehicle parking or circulation areas onto adjacent properties. 3) Page 8; Section 6-4 (h)(5) Strike the first sentence which says: No parking of '..ehicles on a single family residential lot shall be allowed in the front yard other than on designated hard surface driveways or parking areas. Parking of vehicles on a single family residential lot shall be allowed in the front yard unless prohibited by private restrictive covenants. In no case.... (the rest should of the section remains the same as presented) 4) Page 9; Section 6-4 (h) 6 (b) Not more than eRe two (ncamping or travel trailers, (ii) hauling trailers, (iii) recreational vehicles, (iv) boats, (v) camping vehicles, (vi.) vehicles used for off road operations, or (vii) motor powered vehicles not licensed for use on a public roadway or private street per family living on the premises shall be permitted. Any such vehicle shall not exceed. .. (the rest of the section remains the same as presented). 5) Housekeeping Issues: we had some corrections to the draft of the ordinance, all references to October 1, 2006, will be changed to October L 2007, which deal with Page 9 of 16 City Commission Regular November 6, 2007 grandfathering provisions. Additionally since this ordinance was drafted, the City Commission adopted 2007-007, and this needs to be cleaned up to include the provisions of that ordinance, otherwise adopting this would have the effect of repealing portions of ordinance 2007-007. Change to the title of the ordinance necessary to conform the ordinance to these changes. 6) Section 11: Effective Date: This ordinance shall become effecti','e immediately upon passage and adoption, effective on January 15,2008. Mavor Vanderarift. seconded bv Commission Keller. moved to adopt Ordinance No 2007 -025. amendina residential yard reaulations as presented with amendments determined toniaht. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2007-025 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO RESIDENTIAL YARD ISSUES; AMENDING SECTION 168-4(A) OF THE CITY CODE BY ADDING A NEW SUBSECTION 16 PROHIBITING THE PARKING OF VEHICLES IN CERTAIN GRASSED OR LANDSCAPED PORTIONS OF ROADWAYS; AMENDING SECTION 168-6 OF THE CITY CODE RELATING TO PARKING ON PRIVATE AND PUBLIC PROPERTY BY EXPANDING THE LIST OF VEHICLES PROHIBITED FROM PARKING ON PRN ATE AND PUBLIC PROPERTY; AMENDING PORTIONS OF SECTION 5-4 OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) RELATING TO OPEN SPACE, SETBACKS AND FENCES; ADDING A NEW SECTION 5-4.1 OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) RELATING TO THE GRAND FATHERING OF FENCES ERECTED PRIOR TO JANUARY 1,2000; AMENDING SECTION 6-4(G)(I) OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) BY ADDING A PROVISION RELATING TO PARKING REQUIREMENTS ASSOCIATED WITH THE CONVERSION OF PRN A TE GARAGES TO LIVING OR STORAGE AREA; AMENDING SECTION 6-4(H) OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) RELATING TO OFF-STREET PARKING LOT REQUIREMENTS, THE PARKING OF VEHICLES IN FRONT YARDS AND THE PARKING OF RECREATIONAL VEHICLES, BOATS AND CAMPING VEHICLES IN FRONT YARDS; ADOPTING A NEW SECTION 6- 16 OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) RELATING TO THE PLACEMENT OF CERTAIN EQUIPMENT ON RESIDENTIAL CORNER LOTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Commissioner Johnson asked that we place this ordinance online where people can see all of the changes made because there have been many questions about it. Community Development Director Wagner said they plan to do a "soft" opening by informing people and giving them warnings rather than start pressing code violations all over. Page 10 of 16 City Commission Regular November 6, 2007 I I. REGULAR AGENDA 14. Ingram Estates - Final Subdivision Plan. (Principal Planner Fabre) The Final Subdivision Plan proposes 95 single-family residential lots on approximately 33.5 acres. The property is zoned R-lAA requiring a minimum living area of 1,400 square feet, a minimum lot width of75 feet, and a minimum lot size of9,000 SF. As shown in the Final Subdivision Plan, Ingram Estates will be developed in one phase, and will include an amenity package ofa Pavilion (600 square feet), Volleyball Court, Picnic Area and a Tot Lot. Principal Planner Fabre gave the history of the case. He said the case is consistent with the PSP which is why staff is recommending approval for the Final Subdivision Plan. Commissioner Keller inquired as to how close the subdivision will be to the landfill that the County is proposing. Principal Planner Fabre stated there is an existing landfill project to the north but he is not aware of the location for the proposed landfill. Commissioner Keller stated he is hoping that buyers will beware of this since there are some buyers that will be new to the area and may not know about a landfill being put in there backyard. Mayor Vandergrift informed Mr. Keller that he believes it is not a landfill but will be a transfer station which is a world of difference. Commissioner Hood inquired about 5ft sidewalks being put in that area to the proposed Middle School. Principal Planner Fabre stated the sidewalk adjacent on Ingram Road will be 5ft wide. Commissioner Hood asked for clarification as to if the sidewalk would go south running parallel to Ingram Road. Principal Planner Fabre stated he believes the next developer would continue the sidewalk. Further discussion issued regarding the sidewalks. Commissioner Hood stated he also noticed that it was requested that water be fed in on two different connections in order to create a proper loop system to provide additional water pressure for the fire suppression and that they would be working with the County on that. City Engineer Wheeler briefly explained that Orange County will not run utility between houses and he does not think this is will be a problem and as adjacent properties develop they will also have secondary feeds. Commissioner Keller inquired how close the development would be to the schools. Principal Planner Fabre stated it would be about 1 1/2 miles. Commissioner Keller further stated he feels wherever they have kids walking to school they should have wider sidewalks. Further discussion issued regarding having sidewalks 6ft or greater along McCormick Road. Mavor Vanderarift, seconded bv Commissioner Hood, moved to approve the Inaram Estates - Final Subdivision Plan. Motion carried 4-1 with Commissioner Keller opposina. City Engineer Wheeler briefly stated this item is coming before them because he is trying to seal the deal tomorrow afternoon. He stated this item is part of the City's project in conjunction with the Meadow Ridge Commercial Project. They are building some turn lanes and redoing the traffic signal. He briefly explained the project and stated that they were able to bring the cost of this project down to $75,000 which he feels is as low as they will be able to go and is well within Page 11 of 16 City Commission Regular November 6, 2007 their budget. Commissioner Johnson inquired as to why they did not get money from the shopping center. City Engineer Wheeler briefly explained the monies they were able to receIve. Commissioner Johnson. seconded by Commissioner Hood. moved to approve the Relocation of Proaress Eneray Distribution System on Moore Road. Motion carried 5-0. 15. Appointment of Commissioner to Selection Committee for RFQ #0801 Engineering Services for SRSO Utility Relocation. (Purchasing Agent Tolbert) In compliance with City Commission direction of October 2, 2007, staff is requesting a Commissioner be appointed to the Selection Committee to evaluate Statement of Qualifications received for RFQ #0801 Engineering Services for SR 50 Utility Relocation. The selection committee meeting is tentatively scheduled for Monday, November 12,2007, at 2:00 p.m. Commissioner Johnson volunteered to serve on the Selection Committee. Commissioner Keller. seconded by Commissioner Anderson. moved to approve the appointment of Commissioner Johnson to the Selection Committee for RFQ #0801 Enaineerina Services for SR50 Utility Relocation. Motion carried 5-0. 16. Parks and Recreation Advisory Board Recommendations Regarding Fees for the Use of Park and Recreation Facilities, Recreation Programs, and Swimming Pool. (parks and Recreation Director Hayes) The City Commission at its regular meeting on August 21, 2007, adopted Resolution 2007-006, including a schedule of fees and charges for the use of parks and recreation facilities, recreation programs, and swimming pool with the condition that the Parks and Recreation Advisory Board review and make recommendations regarding the fee schedule. The Commission also requested that Home Owner Associations be exempt from paying for a meeting room until such amendment could be incorporated into the resolution along with the changes from the Parks and Recreation Board. The Parks and Recreation Advisory Board at its meeting on September 17, 2007, discussed the fee schedule that was approved by the City Commission on August 21, 2007, and referred to the Board for its review. The Park and Recreation Advisory Board elected to make the following recommendations regarding the fees and charges: . The Board recommended that all members of City appointed Boards and elected City officials be permitted to use the Fitness Room at no cost. . The Board recommended that the fee for seniors, 65 and older, be waived for the use of the Fitness Room. . The Board recommended that the City consider establishing an annual boat docking/parking fee for the use of the boat ramp at Starke Lake for non-residents. Residents of the City would not be charged and non-residents would be required to pay a fee for the permit, as determined by the City Commission. . The Board recommended the City establish a fee to allow reserving of picnic seating areas at the Municipal Lakefront Park, with residents charged $10.00 per day and non-residents $20.00 per day. . Recommended that the senior discount rate for the swimming pool be set at 65 years of age, rather than the established 60 years of age. Parks and Recreation Director Hayes briefly explained the recommendations made by the Parks and Recreation Advisory Board regarding the fees for the use of Parks and Recreation Facilities, Recreation Programs, and Swimming Pool. Commissioner Johnson inquired as to how they would be enforcing the fee for the gazebo since people use the gazebo now without permission. Parks and Recreation Director Hayes stated as long as the gazebo is not reserved that should not be a problem. Commissioner Hood stated a board is going to be put up that will Page 12 of 16 City Commission Regular November 6, 2007 show the name of the resident reserving the gazebo for that day. Mayor Vandergrift stated he feels that the pavilions in all of the parks should be given the opportunity to be reserved by residents. Parks and Recreation Director Hayes stated the action the City Commission took at the August 21 st meeting does allow for the City to charge fees for all the pavilions within the City's parks. Mayor Vandergrift inquired if there will be recreation personnel available 7 days a week that can be reached. Parks and Recreation Director Hayes stated they do have staff available 7 days a week. Commissioner Keller inquired if they were going to charge the HOA's. Parks and Recreation Director Hayes stated the fees would be waived for the HOA's. Commissioner Johnson recommended that they charge a $10 non-resident annual fee for softball leagues and then give them a card that will be good for the year. Commissioner Hood stated he would like to see that done for all the leagues. Non City Residents have a $10 non- resident fee for the whole year. Commissioner Anderson inquired if they could exempt City Employees from paying for the before/after school programs. Commissioner Hood stated if they did that for employees with children what would they do for those employees without children. He further stated they already let employees sign up for the program before the residents do. Parks and Recreation Director Hayes stated he has gathered from the comments that they are approving the advisory board's recommendation, the recommendation on the HOA, the recommendation for the non-resident fee for the adult programs being a one time annual fee, and then also the non-resident fee for the youth programs as was identified. Commissioner Anderson inquired if a resident would have precedent over a non-resident to use the lakefront. Parks and Recreation Director Hayes stated it would be first-corne-first serve. Commissioner Hood stated there were some previsions they discussed at the advisory board meeting that would not allow a resident to reserve it for the whole weekend. Parks and Recreation Director Hayes stated he would check into that but he does not believe that was included in the recommendations. City Manager Frank stated if they have consensus they will bring the resolution back and put it on the consent agenda for the next meeting. Consensus of the Commission was to brina amended resolution back to the next City Commission meetina and that it be placed on the consent aaenda. 17. Approval of Policy for Community Merit Awards Board (CMA). (Community Relations Manager Wright) Representatives from various organizations attend City Commission meetings and request monies at various times throughout the year. In an effort to be consistent and fair in all community donations, the City Commission requested staff develop a policy regarding cash contributions the City makes to outside organizations. Assistant City Manager Croteau said that she and Community Relations Manager Wright want to formalize the program for city grants by expanding the CMA awards program to four times per year as opposed to two and by expanding the budget from $10,000 to $30,000 annually ($7500 per cycle) in January, April, July, and September. The CMA Review board would remain the same. Commissioner Anderson said he would like to change the language to make sure organizations that are not located in Ocoee, but benefit Ocoee Children, are included in those eligible to receive grants. Commissioner Hood said when he sat on the Board consideration was taken as to how many Ocoee children or residents benefited from the individual programs. Page 13 of 16 City Commission Regular November 6, 2007 City Attorney Rosenthal said the verbiage would be changed to add: Ocoee non profit organizations and civic groups and non-Ocoee non-profit organizations and civic groups which benefit residents of Ocoee. Commissioner Anderson seconded by Commissioner Keller moved to approve staff recommendations for the new Policy for CMA Awards with the lanauaae modification as discussed and stated by Attorney Rosenthall Motion carried 5-0. 18. Ocoee Pines: Authorization to Approve Resolution and Authorize Condemnation. (City Attorney Solik) Pursuant to the Annexation Agreement entered into between the City of Ocoee and Ocoee Golf, LLC on November 7,2006, the City agreed to commence eminent domain proceedings to acquire two small parcels of land located within the Ocoee Pines subdivision. Pursuant to the Annexation Agreement, Ocoee Golf, LLC is responsible for all costs and expenses of the condemnation, including the value of the properties. Offer letters have been sent to the property owners. It is anticipated, however, that there will be no response to the offer letters and no opportunity to acquire the properties through a voluntary transaction. City Attorney Rosenthal read the title of the ordinance. City Attorney Rosenthal explained that there are two lots that the developer has not been able to acquire and our approval of the project stated that we would go ahead and condemn this; it is 100% at the developers expense. Commissioner Hood, seconded by Commissioner Anderson, moved to adopt Resolution No. 2007-007 , authorizina the condemnation of two small parcels of land located within the Ocoee Pines Subdivision. Motion carried 5-0. I J. STAFF REPORTS City Manager Frank announced they were working on the City's 2008 calendar and had to decide which day other than Christmas Day the City would be closed. Christmas is on Thursday and Staff recommended that City Hall be closed on Friday, December 26th. Consensus of Commission was to have December 25th and 26th as the City holidays. City Manager Frank also reminded them of the Mayor's Luncheon tomorrow at Tanner Hall at 11:30 a.m. Commissioner Hood asked if they would be meeting on the Tuesday before Thanksgiving because he would be out of town that week. City Attorney Rosenthal thought they had public hearings scheduled for that meeting. City Clerk Eikenberry confirmed that they had advertised public hearings on November 20,2007. Consensus of the Commission was to keep the scheduled meetina on November 20,2007. Page 14 of 16 City Commission Regular November 6, 2007 I K. COMMENTS FROM COMMISSIONERS _ (1) asked if the approval of the subdivision on Clark Road would affect the shooting range. Police Chief Reffett said the range has not been moved yet, but it will need to be when the residences get closer to it. (2) asked if we were looking into red light cameras. City Manager Frank said they have talked to two firms regarding this and are waiting for the conflicting State law to be resolved. He said their concern was if they collected fines and then the State ruled them invalid, that they would have to pay it back. Therefore, if they do it they may need to put all funds into a reserve account. They would rather wait until the Legislative ruling takes place, but they could have it up and running fairly quickly once that happens. Mayor Vandergrift suggested, rather than fining them, to ask them to donate money for the City to use where they wanted. (1) said there was only one pole with lights in the Twistee Treat Shopping Center that worked and the parking lot was too dark and dangerous. Mayor Vandergrift asked Staff to look into that. _ (1) asked Staff to come back with some prOVlSlons for water conservations and do some incentives that other cities are doing. (2) Ocoee Lions Club turkey shoot will take place Saturday beside the West Orange Girl's Club. (3) asked everyone to pray for Randy Freeman and his family because he is in a coma and not doing well. _ (1) asked everyone to keep Connor Doyle in your prayers and come to his car wash tomorrow or donate at the high school. (2) Ocoee Youth Center is starting up and there are many speeders on Wurst Road in front of beech center. He asked the police to do radar out there Saturday morning. Police Chief Reffett will take care of that. (3) asked what is going on with Amber Ridge retention pond. City Engineer Wheeler said they tried talking to St. John's about fixing it and they only offered to grant money in the amount of $20K, but it is $100K job that the City will have to pay the balance of. City Attorney Rosenthal said the City already spent over lOOK and it is required to be maintained by the HOA. The HOA refused to accept responsibility because of their dispute with the developer. Commissioner Hood said the president of HOA wants to know what to do about it and it needs to be mowed. Mayor Vandergrift asked if staff can do it and charge the HOA. City Engineer Wheeler said trees would need to be removed. City Manager Frank stated they could look into an Assessment Program and put it on their taxes. Mayor Vandergrift asked that staff look into doing an assessment. City Attorney Rosenthal stated the developer had not transferred the deed because the HOA refused it. He said it is a very complicated issue. Commissioner Hood said he would first ask the HOA to meet with the City Manager before the City did anything. __ (1) asked if there was any solution to the smell of the sewer plant. City Manager Frank said there was an algae problem and had someone rake out a lot to cut down on the odors. He will check with the Utilities Director. (2) stated the Ocoee School Advisory Board voted to use their budget to televise their meetings and is attempting to get help from high school students to operate the cameras. City Manager Frank said Staff could look into funding and if there is an issue they can bring it back to Commission. (3) announced a meeting Sunday afternoon at 2 p.m. a the CIA building in Clarcona. Page 15 of 16 City Commission Regular November 6, 2007 I ADJOURNMENT The meeting adjourned at 12:05 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 16 of 16