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HomeMy WebLinkAbout11-18-08 MINUTES OCOEE CITY COMMISSION November 18,2008, 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 and Girl Scout Troop #1641 led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Mayor Vandergrift recognized Kim Smith and the Girl Scouts of Troup 1641 who stated they are here working on a model citizen badge, which also goes toward their bronze award. I B. PRESENTATIONS AND PROCLAMATIONS I Presentation to Officer Dewey Mullan for Officer of the Quarter - CACOPD Chairperson Grogan. Proclamation - Lions' Club 60th Anniversary I C. COMMENTS FROM CITIZENSIPUBLIC Wayne Hurst, spoke about the 2500 kids in Orange County that are homeless and said the community needs help. He would like the city to have a food drive to be collected at public buildings and taken to Christian Service Center (or other food banks). If the City could hang banners, etc. then food and other items could be collected all year, not just during the holidays. The food banks are hurting right now because there are so many more that are in need. He said other than food, they also need blankets, jackets, socks, and underwear. Commissioner Hood asked the Mayor if we could make City buildings a Collection Point to bring donated items. Commissioner Hood said he would coordinate with Wayne to head it up. Mayor Vandergrift also mentioned Food for Families and said on Thanksgiving Eve they will be preparing food baskets at Ocoee High School from food delivered by Publix. It is also done at Christmas and Easter. Mayor Vandergrift mentioned that there is also the Bread of Life Center on Palm Avenue. Consensus of the Commission to put somethina on Ocoee TV and in the Water Bills to encouraae residents to brina canned aood and other items to certain collection points. Commissioner Anderson asked City Engineer Wheeler to talk about the program his Church, Mr. Wheeler said Ocoee Oaks Methodist Church is involved with Angel Food Ministries; you can purchase $100 food baskets for $30 and donate them to anyone that you feel is in need. They do it on a monthly basis and applications are available at the Church or at the Lions Club. There are different boxes for families, elderly, etc. Commissioner Johnson said if residents are aware of anyone in need, to leave their name at City Hall. Commissioner Keller added that it is not just something needed during the holidays, but all year round. City Commission Regular Meeting November 18, 2008 Rosemary Wilsen said the Christian Service Center is serving more than ever before, usually 150-180 people each day and sometimes up to 230. She said the items needed mostly are large can items (restaurant size) and protein items such as peanut butter, tuna fish, and canned soups. There was discussion regarding asking Mike from Photo graphics if he can make banners. Commissioner Hood said he will call him. Ms. Wilsen also thanked the city for making canned goods the entrance fee to the Haunted House because they collected 2200 Ibs of food which helped stock their pantry. Mayor Vandergrift urged people to get involved. Chuck Graham stated his concerns about transportation with the upcoming cancellation on two Lynx Bus routes. He said many people who are handicapped and elderly will be adversely affected by the route cancellations and urged the City and others to get involved. L D. COMMISSIONERS ANNOUNCEMENTS r -- ---- Commissioner Hood - 1) reminded everyone about the Christmas decoration contest. Forms can be picked up at the Jim Beech Center, City Hall, or on the city website. Forms are due back on Friday, December 5th by Sp.m. and judging will be Monday, December 8th. COiilmlssioner Andersod - 1) announced that there is a Turkey Shoot fundraiser by the Lions Club this Saturday at the field near the girls club. .COmmissioner JOiiiiSo)! - 1) said they had a wrap up meeting for Founders' Day and at the next meeting they will be bringing back information and recognizing those who helped. Commi;siOner Kelle~ - 1) reminder that the Ocoee High School Choirs will be performing on December stl1 in conjunction with the Children's Miracle Network. Cost is $5 or an unwrapped gift. Those gifts will be taken to Arnold Palmer Hospital and proceeds go to Children's Miracle Network, 2) announced Rachel's Challenge that will be held on Thursday Night ant there will be a National Speaker at the Ocoee Middle School Gym at 7:00 p.m., 3) said on January 3rd and 10th, there will be basketball tryouts at Ocoee High School. Mayor Vandergdf! - 1) said if anyone knows some kids choir group who could sing at one of the Commission Meetings, please make arrangement. Commissioner Keller said he would look into it. I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of November 4, 2008. (City Clerk Eikenberry) Approved on consent. Motion carried 5-0. 2. Consideration to move an Alternate Member to Regular Member Position. (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. There are no applications currently on file. Member Lee Ann Stanley has announced that she would be resigning from the board as of November 1, 2008, which leaves a vacant regular member position. There is one alternate member currently on the board. Staff recommends that the Honorable Mayor and City Commissioners consider moving up Alternate Member Michael Elliott to the regular member position. Approved on consent. Motion carried 5-0. Page 2 of 17 City Commission Regular Meeting November 18, 2008 3. Removal of Member from Human Relations Diversity Board for Non-Attendance. (City Clerk Eikenberry) Mr. Ibrahim Habach was appointed to the Human Relations Diversity Board in November 2007. The board currently consists of eight (8) members and require that five (5) be present to make a quorum. The Human Relations Diversity Board is working on several events that require member participation and commitment. Mr. Habach has been absent nine (9) out often (10) meetings, with only two being excused. The Human Relations Diversity Board recommends to City Commission that Member Ibrahim Habach be removed from the board, with the ability to reapply at a later date when his schedule permits his regular attendance and participation. Approved on consent. Motion carried 5-0. 4. Reappointment to the CACOFD Board. (City Clerk Eikenberry) The terms of Members Warren Chanel, Charles Lawrie, Sally Laubenthal, and Frances McEachern have all expired, and all have indicated an interest in being considered for reappointment. Staff respectfully recommends that the Honorable Mayor and City Commissioners reappoint Members Warren Chanel, Charles Lawrie, Sally Laubenthal, and Frances McEachern to serve on the CACOFD Board for another term ending November 2011. Approved on consent. Motion carried 5-0. 5. Water and Sewer System Refunding Revenue Note, Series 2008. (Finance Director Horton) PULLED FROM CONSENT AGENDA TO BE HEARD UNDER ADVERTISED PUBLIC HEARINGS. The City currently has outstanding $7,790,000 of the Water and Sewer Revenue Bonds, Series 1997 (the "Series 1997"). These bonds have interest rates ranging from 5.20% to 5.625% maturing armually through October 1,2026. The Series 1997 bonds are callable in whole at any time after September 30,2008, or in part on any interest payment date (October 1 st or April 1 st) at 100% of the principal amount redeemed. City Staff and the City's Financial Advisor ("First Southwest") have continued to monitor the Series 1997 bonds for potential savings through refmancing, and based on current market rates these bonds are attractive refmancing candidates. 6. Approval of Utility Department's New Equipment Purchase for FY 2008-09. (Public Works Director Krug) The budget for Fiscal Year 08/09 includes the purchase of a replacement vehicle for the Utility Department's truck #803, a 1996 Ford F-350 with 105,000 miles. The Florida Sheriffs AssociationIFlorida Association of Counties Purchasing Contract, other governmental agency bids and local vendor's bids were reviewed for the best pricing available for a replacement. Staff recommends that the City Commission approve the purchase of a 2009 Ford F350 4x4 utility truck with box mounted lifting crane per the attached quote from the Florida Sheriffs AssociationIFlorida Association of Counties Purchasing Contract No.: 08-16-0908 provider, Duval Ford Government Sales, for a total of $49,477.00. Approved on consent. Motion carried 5-0. 7. Approval to Award Silver Star Landscaping Improvement Project to Valley Crest. (public Works Director Krug) The City entered into a Joint Participation Agreement (JPA) with the FDOT on September 7, 2004, for the Landscaping Improvements on State Road 438 (Silver Star) from Olympus Drive to Woodhaven Court. In December 2005, the City awarded the landscape design to Herbert-Halback, Inc. (HHI). HHI provided a design that included irrigation, trees, under story shrubbery and ground covering of various varieties. The submittal process with the FDOT was completed with fInal approval received in January of this year. During the submittal process with the FDOT, the City reoriented its landscaping focus to concentrate on low maintenance plantings that have a history of thriving in a roadway median environment with minimal watering. Throughout the summer months, City staff met with representatives from Valley Crest, the City's continuing service landscape maintenance provider, to determine which aspects of the design will meet the City's landscaping focus. The City resubmitted to the FDOT a project scope that included irrigation, trees and ground covering for approval, eliminating the varied understory shrubbery that would be difficult to maintain in a presentable marmer after installation. The FDOT concurred with the City's proposal on November 5, 2008, and was Page 3 of 17 City Commission Regular Meeting November 18,2008 supportive of the City's selection of Valley Crest as they are prequalified as a FDOT contractor. Staff recommends that the City Commission approve the award of the Silver Star Road Landscaping Improvement Project to Valley Crest for $157,008.00. Approved on consent. Motion carried 5-0. 8. Award of Windstone Retrofit and Forest Trail Extension Reclaimed Water System design services contract to the firm of Inwood Consulting Engineers, Inc., in the amount of $34,605.00. (City Engineer Wheeler). The FY 2009 budget includes funds for the retrofit construction of a reclaimed water system within the Windstone Subdivision with an extension across Clarcona-Ocoee Road to serve the Forest Trail Subdivision, which already has a reclaimed water distribution system. A City of Ocoee reclaimed water main presently extends to near the western end of the Windstone Subdivision on Grapevine Crest. The southern end of the Canyon Trail Ln. main will be designed to extend in the future to serve the Sawmill Subdivision, while the northern end will cross Clarcona-Ocoee Rd. and connect to the reclaimed water distribution system already in place in the Forest Trail Subdivision. (The reclaimed system is presently connected to an Orange County potable water main.) The project area will be impacted by widening of the Clarcona-Ocoee Rd. by Orange County in 2009. The firm of Inwood Consulting Engineers, Inc., has been retained by Orange County to design the road project. The City of Ocoee plans to coordinate the reclaimed water system construction with Orange County's roadway construction as a way of reducing potential conflicts and costs. It is equally logical to combine the engineering work, especially given that Orange County will soon put the road construction project out for bid. Having one engineering firm do both projects in the same construction area will reduce the cost of design and facilitate coordination of the two projects. Approved on consent. Motion carried 5-0. I F. PUBLIC HEARINGS 5. Water and Sewer System Refunding Revenue Note, Series 2008. (Finance Director Horton) (Advertised in the Orlando Sentinel on Thursday, November 11, 2008) The City currently has outstanding $7,790,000 of the Water and Sewer Revenue Bonds, Series 1997 (the "Series 1997"). These bonds have interest rates ranging from 5.20% to 5.625% maturing armually through October 1,2026. The Series 1997 bonds are callable in whole at any time after September 30, 2008, or in part on any interest payment date (October 1 st or April 1 st) at 100% of the principal amount redeemed. City Staff and the City's Financial Advisor ("First Southwest") have continued to monitor the Series 1997 bonds for potential savings through refmancing, and based on current market rates these bonds are attractive refmancing candidates. City Attorney Rosenthal read the title of the Ordinance. He stated this was removed from the consent agenda because it is an advertised public hearing. Mayor Vandergrift stated that we are refinancing some bonds from 1997 because we can get a better interest rate and improve our cash flow. Commissioner Keller. seconded bv Commissioner Johnson. moved to adopt Resolution No. 2008-015. approvina the Water and Sewer System Refundina Revenue Note per staff recommendations. Motion carried 5-0. The resolution as adopted carries the following title: Page 4 of 17 City Commission Regular Meeting November 18,2008 RESOLUTION NO. 2008-015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, PROVIDING FOR THE ADVANCE REFUNDING OF A PORTION OF THE CITY'S WATER AND SEWER SYSTEM IMPROVEMENT REVENUE BONDS, SERIES 1997; AUTHORIZING THE ISSUANCE BY THE CITY OF ITS WATER AND SEWER SYSTEM REFUNDING REVENUE NOTE, SERIES 2008 IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $5,500,000 TO FINANCE THE COST THEREOF; PLEDGING NET REVENUES OF THE SYSTEM TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH SERIES 2008 NOTE ON PARITY WITH THE CITY'S OUTSTANDING SERIES 1997 BONDS AND THE CITY'S OUTSTANDING SERIES 2003 BONDS; AUTHORIZING THE EXECUTION OF AN ESCROW DEPOSIT AGREEMENT; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE OWNERS OF THE SERIES 2008 NOTE; DESIGNATING THE SERIES 2008 NOTE FOR EXEMPTION FOR CERTAIN TAX- EXEMPT OBLIGATIONS CONTAINED IN SECTION 265(B) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; DELEGATING THE AWARD OF THE SALE OF THE SERIES 2008 NOTE TO THE MAYOR AND THE CITY MANAGER; PROVIDING FOR THE REPEAL OF ANY RESOLUTIONS IN CONFLICT WITH THE PROVISIONS OF THIS SUPPLEMENTAL 2008 RESOLUTION; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Vandergrift asked how much the City will save. Finance Director Horton said we are looking at a minimum annual savings of $20,000, but it will probably be closer to $30,000. 9. Tomyn Road Right-of-Way Vacation. (Advertised in the Orlando Sentinel Legal Classified on Thursday, November 6,2008) (Principal Planner Fabre) The subject right-of-way is generally located south of the Florida Turnpike and north of Tomyn Boulevard. The subject right-of-way runs in an east-west direction from Maguire Road to Tomyn Boulevard between four vacant commercial parcels. Essentially, Tomyn Road is an unused and unimproved "paper" roadway. This vacation and abandonment was requested in order to accommodate future development in the surrounding area. Both Fountains at Highland Park and Diplomat Tower are programmed to utilize the northern half of the Tomyn Road right-of-way. When right-of-way is vacated, the City will retain a public easement over the southern 15 feet of the center line of the right-of-way for future City utilities. Likewise, Progress Energy has requested an easement over the northern 15 feet of the center line of the right-of-way for their future power distribution. All other affected utility companies were contacted by staff. No letters of objection were received from said companies. Since the roadway is neither a collector nor an arterial road, a Plarming & Zoning Commission recommendation is not required. City Attorney Rosenthal read the title of the resolution. Principal Planner Fabre presented this item. He stated that there would be a vacation would be 60 feet wide, 30 feet would be for easements. Progress Energy has requested a 15 foot utility easement and the City needs a 15 foot utility easement as well. Scott Ricker, Brookstone Subdivision, asked if power lines would be placed under ground which may interfere with the placement of a privacy wall. Mr. Fabre confirmed that Progress Energy said that there would be buried lines there. City Engineer Wheeler said the lines are typically 36" below grade, Progress Energy has no problem with some types of landscaping, but do not want a permanent structure such as a privacy wall. City Attorney Rosenthal said when we do a roadway vacation we notify the utility companies and in this case the requested the 15 foot easement, which essentially leaves them in the same Page 5 of 17 City Commission Regular Meeting November 18,2008 position they were in prior to the vacation. The main thing being eliminated here is the vehicle transportation aspect as opposed to the utility aspect. They could not put a wall up without the vacation because it is currently a road. Commissioner Hood stated that they do understand the resident's concern of having a wall buffer from the construction. Mayor Vandergrift said if a wall was going to be placed there, it would most likely be along the road, not in the center of the property. Commissioner Anderson asked if there will be a wall there as part of turnpike construction. Engineer Wheeler said it is not proposed at this time, right now they are only placing walls near residential areas but it could be done in the future. Discussion continued regarding the City requesting that a sound barrier wall being built along the turnpike through the City. Mayor Vandergrift said he would like to put that in a motion and Commissioner Keller seconded; however City Attorney Rosenthal reminded them they are in the middle of a public hearing and cannot make a motion. Frederic Bennett stated he is concerned about the construction. Mayor Vandergrift advised him he is really speaking to the next item on the agenda and he can come back up under that item. Commissioner Anderson, seconded by Commissioner Johnson, moved to adopt Resolution No. 2008-016 approvina the Tomyn Road Riaht-Of-Way Vacation per staff recommendation. Motion carried 5-0. The resolution as adopted carries the following title: RESOLUTION NO. 2008-016 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF TOMYN ROAD, A SIXTY (60) FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY, LYING BETWEEN THE WESTERLY RIGHT OF WAY LINE OF MAGUIRE ROAD AND THE EASTERLY RIGHT OF WAY LINE OF TOMYN BOULEVARD, SAID RIGHT OF WAY LYING AND BEING IN SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; PROVIDING FOR THE RESERVATION OF A PUBLIC UTILITY EASEMENT; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. I G. SECOND READING OF ORDINANCES - PUBLIC HEARING 10. Fountains at Highland Park. (Advertised in the Orlando Sentinel Legal Classified on Thursday, November 6,2008) (Principal Planner Fabre) The subject site is approximately 12.34 acres in size and is located on the north side of Tomyn Boulevard and south ofthe Florida Turnpike approximately 2,000 feet west of Maguire Road (Physical Address 11311 Tomyn Boulevard). The subject property is currently undeveloped and is covered with a small variety of trees, of which a majority consists of planted pine trees. Adjacent to the north is the Florida Turnpike. The land use across the Florida Turnpike is undeveloped and vacant zoned "General Commercial" C-3. Adjacent to the west is a water retention pond owned by the Florida Turnpike Authority in unincorporated Orange County. To the east is a large vacant commercial property (plarmed to be "Diplomat Tower", a large-scale office building) zoned C-3. Finally, located to the south across Tomyn Boulevard is a single-family residential (Brookestone) subdivision zoned R-IA. The property is currently zoned General Commercial (C-3). The Applicant/Owner is requesting a PUD zoning in order to accommodate for the mixed-use development. The Future Land Use designation for the site is "Commercial" which allows for a Floor Area Ratio of 3.0. The surrounding future land use is "Commercial" and to the south across Tomyn Boulevard is "Low Density Residential."\ Page 6 of 17 City Commission Regular Meeting November 18,2008 a. PUD Land Use PlanlRezoning Ordinance City Attorney Rosenthal read the title of the ordinance. Principal Planner Fabre presented the case. City Attorney Rosenthal said the Development Agreement in the agenda packet has some changes. The Development Agreement restricts certain uses, right now the property is C3. There is a specific listing of C3 permitted uses which in this particular project would be prohibited. As traffic study was done indication certain roadway deficiencies and there is at requirement that there be a mitigation plan in order for the project to meet concurrency. In this case the owner has agreed to pay the city $200,000 for traffic mitigation, in addition to Road Impact Fees. The specific timing and method of payment is set forth in the Development Agreement, however there is a trigger three years from the effective date if the project has not developed. Also, the overall development of the project is tied from the 2.378 Net New Trips that will come from this development so it can't exceed the traffic impact that is presented by the developer in the traffic impact study to the City. Section 7 Sanitary Sewer Requirements - City Attorney Rosenthal explained that right now there is sufficient capacity in the existing sanitary sewer transmission capacity for Phase 1 based on the studies that have been done. It is not definitive whether or not there is capacity for Phase 2 so some additional studies will need to be done before the project can move on to Phase 2 with respect to sanitary sewer and the developer has agreed to contribute $12,000 toward the cost of those studies. The change that has been made from the Development Order that was distributed with the agenda packet is that that study was supposed to be done now and paid for now. Due to market conditions we don't know when development might occur so it has been changed to say that they will commence that study "prior to the owner pulling an infrastructure permit for Phase 1." He explained this will prevent the study from being stale by the time the development would start. The study would have to be completed prior to the owner submitting the infrastructure permit for Phase 1. Section 8 Billboards- City Attorney Rosenthal said there is an additional sentence added which says "In no event shall the size of the sign face of the new billboard nor the height of the new billboard exceed the size of the sign face nor the height respectively of the existing easternmost billboard." There was a reference to an exhibit which is basically now a statement from Clear Channel which describes the LED technology on billboards and how those work. In terms of the law on billboards, we have a provision in our Land Development Code which prohibits billboards, so the general rule is "no new billboards in Ocoee." It also requires, since 1992, that old billboards go away; although that has never been enforced because if the City removed the billboards they would have to, under Florida Law, compensate the billboard owner. When projects with existing billboards come before the City the staff has address that issue in discussions with the developer. There are three options under Florida Law (1) The City could require that the billboards be removed and pay the owner just compensation, determined by an agreement between the parties or condemnation proceedings (2) to allow the existing billboards to remain in place. The legislature says "the requirement by a municipality that a lawfully erected sign be removed or altered as a condition precedent to the issuance of a Development Order is prohibited without the prior payment of just compensation." (3) (the option that is recommended by staff) Enter into a Relocation and Reconstruction Agreement which basically says if you are not going to pay them, or not going to allow it, you can negotiate a deal. He read Page 7 of 17 City Commission Regular Meeting November 18,2008 the statute that says "Municipalities are specifically empowered to enter into a Relocation and Reconstruction Agreement on whatever terms are agreeable to the sign owner and the municipality and to provide for the relocation and reconstruction of signs by Agreement. As used in this term Relocation and Reconstruction Agreement means a consensual and contractual agreement for either the reconstruction of an existing sign or the removal of a sign and construction of a new sign to substitute for the sign removed. He added that in this case the staff has negotiated a removal of two signs, and a replacement of one sign with greater technology. He added that the staff has been negotiating with Clear Channel the possibility of getting some City advertising on the new LED sign, and that has not been addressed in the current documents. He said Commission does not have to choose one of these options tonight, but you cannot deny the Development Order because you don't like the billboard. Staff has tried to negotiate an agreement that works the best overall from an aesthetic standpoint considering the limitations imposed by the Florida Legislature. Mr. Fabre added that they have just become aware of the fact that the new sign is double sided. Mayor Vandergrift said that sign sites are leased for a period of time and the property owner can tell them to remove it when that time expires. The property owners should be asked if there is a lease on the sign site and has the lease been extended. Danny LaRosa, Clear Channel Outdoor, said there is an existing lease and there has been one for many years but he is not at liberty to discuss it. Scott Glass, Attorney for the developer stated that the developers have not closed on the property yet. There is a valid lease and the plan is to continue its existence as long as it made money. Mayor Vandergrift said it is an "out" for both of us if the lease is ending soon. Mr. Glass said he feels if they moved forward with the lease cancellation after what has been said at this meeting, it would create an issue for the city because it violates the spirit of the statute. Mr. Glass said that there have been discussions about City getting some advertising space; that did not make it into this draft but they have no problems getting it into the final draft. Commissioner Anderson said asked about the possibility of the lease being on an LED sign would the lease be terminated if the technology changes. City Attorney Rosenthal said there is a lot of litigation over these issues, but historically the Legislature has granted protection to billboard owners. Commissioner Keller asked if Commissioner did not approve this, does the law allow them to upgrade the two existing signs as LED signs without Commission approval. Mr. Glass said he believes that would be an upgrade. Commissioner Johnson said the issue here is whether or not this will affect the homeowners in the area. He said if we can trade two signs for one LED sign and it does not put glare into the residents, he has no problem with it. Mr. Glass said when the Development Agreement is finalized, we can include that provision. Commissioner Hood agreed that the concern is how this will affect the Brookstone residents. City Attorney Rosenthal said if they want it to come back to them, they should not give the final approval tonight. He added that there is a provision in the agreement from Clear Channel that says "The ambient light level will not vary significantly form that of a traditional billboard display. We will set the light levels to be appropriate for the surroundings. In bright daylight a digital billboard must operate at a higher intensity in order to be seen. During darkest conditions the brightness can be set low and can still be seen by motorists. We will utilize a photocell that will regulate the signs intensity output. This will allow the display the sign to be easily seen by motorists under changing light conditions and at the same time stop it from becoming too bright for conditions." Commissioner Johnson said we need to add into the Agreement that we have the right to have it checked if there is a problem. City Attorney Page 8 of 1 7 City Commission Regular Meeting November 18,2008 Rosenthal said the agreement further states that "the lighting levels of the digital billboard will not exceed 0.3 foot candles over ambient levels as measured using foot candle meter at a preset distance. " Lou Musica, Clear Channel Outdoor, said a billboard of that face size (14' X 48') the preset distance excepted standard is 350 feet away. He said they will be happy to monitor it. Commissioner Anderson asked if the placement of a 14 ft wall along the turnpike going to affect the sign. Commissioner Keller said that would more than likely change the length of the pole holding the sign. Mr. Musica said the tallest buildings on the site are 40 foot tall and we do not want to exceed that height which gives them plenty of room to clear the wall if one should be built in the future. City Attorney Rosenthal said to raise the sign they would have to come back to the Commission. Commissioner Keller asked about the appearance of the parking garage. David Evans, Evans Engineering, said the entire project will have the same theme as the elevations that were presented; the parking garage in Phase 2 is tied in directly with style and color of the buildings. Mayor Vandergrift asked for clarification on where the easement that was previously approved will go through this site plan. Principal Planner Fabre showed him on the map where it was located. Craig Shadrix, Development Services Director, said staff always looks at criteria to see if 1) is what we are doing legal 2) what kind of precedent are we setting and 3) what kind of impact will it have on residents. That is in addition to existing policies and codes. We are receiving some new information tonight; he said he would be comfortable moving forward if there were language added that says the sign face does not exceed what is already there now and that the height does not constitute a visual impact to the existing neighborhoods. The proposed four story building would shield it, it is approximately 35 feet. He stated the City Attorney has said that it does not set any precedent to place billboard where they would not be wanted in the future. He recommended the agreement e modified that they have to demonstrate the sign will not be visible from existing neighborhoods and that it will provide for access by public safety. Commissioner Hood confirmed that the agreement currently drafted does not allow that the new billboard is any higher than that existing billboard. City Attorney Rosenthal said just to make sure there are no surprises, they can place these billboards now without us knowing when the building will be constructed that will block the view. Commissioner Johnson said we need to add that to the agreement that the sign does not go up until the building is standing. Mayor Vandergrift opened the Public Hearing. Scott Ricker, Treasurer of Board of Directors for Brookstone, expressed concerns about the affect of the construction project on the resale value of the homes at Brookstone. Mr. Ricker distributed an email highlighting his concerns regarding this project and spoke about these items which included 1) Privacy Wall 2) Billboard Issues 3) Landscape Buffer 4) Noise Abatement 5) Size/Height of Billboard 6) Road Widening and Traffic Signals, and 7) Height of Buildings. Commissioner Anderson asked about getting the turnpike authority to put up the privacy wall between the businesses and the turnpike, stating he did not want to agree to this because he is concerned that they will sue for loss of revenue. Commissioner Keller asked if we would have to allow them to raise it. City Attorney Rosenthal said he has not researched that question but he believed that if the Development Agreement is signed and the developer agrees to the maximum height set forth in the agreement, there should be no obligation on the City's part to Page 9 of 17 __J City Commission Regular Meeting November 18,2008 allow a non-comforming structure that would be between the Turnpike Authority and the Clear Channel. Commissioner Johnson said that his concern is that the privacy wall is placed in the front to shield Brookstone. He thinks the back area should have a landscape buffer. Scott Massey, 2995 south Hiawassee Road, Orlando, one of the developers of the project, stated they agree that a wall should be in the front and they are building one there with a fountain structure, he showed on the map where the plans have the wall ending but said he could extend it to the end of the property line. He said the tall building will probably be the last site built on that property so they intended to leave all the trees that are currently there in place until they start getting approvals for that site. Commissioner Hood said he agrees with Commissioner Johnson that the wall they build be consistent with the brick wall around Brookstone so that it will stay consistent. Mr. Rickers asked about the number of trees on the property and Commissioner Johnson assured him Ocoee has one of the strictest requirements in the County for replacing trees that are removed. Community Services Director Shadrix said that it is one of the strictest in the State of Florida. He further stated that we would not ordinarily ask developers to place a wall around a commercial property, but they have agreed to do that in the front. He said as far as the back of the project, there are other noise abatements such as landscape buffers. Commissioner Hood and Commissioner Johnson said they agree they do not want to see a wall on the turnpike side. Mr. Rickers clarified some other issues with regard to Tomyn Road, the turnpike wall, the waiver for the height of the billboard, the location of the four story building at the back of the property, what type of landscape buffer would be used on the turnpike side, and location of garbage pickup. Frederic Bennett, Brookstone resident, said he is just concerned that commercial business is creeping into his residential area and he hopes the City will consider the residents safety and privacy issues when approving Commercial business. Commissioner Johnson said they city cannot stop property owners from building on their properties if they are zoned for Commercial, but they are going to make it work as well as possible. Laurie Helly, 327 Covered Bridge Road, Brookstone, urged the Commission to take their time to consider these items, it seems that they are just hearing some things tonight for the first time and does not feel they should rush into any decision without careful consideration. David Evans, Evans Engineering, said it has taken about 8 months to get to where we are tonight; the property is zoned C3 for Commercial Land Use. He said they are working hard to make the site look more residential in nature, as opposed to large commercial site. They have been concerned with sound and noise issues and feels that those have been addressed appropriately. The developer has agreed to make all buildings back up to a pond; it is a nice professional office setting, with good landscape architecture, etc. and with high end-high tech businesses. City Attorney Rosenthal stated that this is not an animated billboard; it will be eight still screens. Commissioner Anderson said that he feels that the City should have one screen of the eight screens dedicated to the City which could say "Welcome to Ocoee" or something of that nature. Commissioner Keller asked if we are setting a precedent for LED billboards in the City of Ocoee, especially if we place "Welcome to Ocoee" on the billboard. City Attorney Rosenthal said it is only a precedent to the extend that there are other billboards that may want to upgrade Page 10 of 17 City Commission Regular Meeting November 18,2008 to LED if there was a development occurring. Someone could not get approval for a new LED billboard because it is against the Land Development Code. There was discussion between Clear Channel and the Commission with regard to what type of advertising could be donated to the City as part of this new LED billboard. Mayor Vandergrift closed the Public Hearing. Mavor Vanderarift moved to table this item until December 2. 2008. so that more information can be obtained with reaard to the billboard lease. etc. Motion died for lack of second. City Attorney Rosenthal said he would like to review the comprehensive list of those things that the Commission would like added into the agreement as follows: 1. A privacy wall will be constructed along Tomyn road in front of the project, with design being approved as part of the Final Subdivision Plan 2. The developer will not remove trees from Phase 2, Lot #17 before development of Phase 2, Lot # 17 3. A privacy wall will be constructed on the south side of Phase 2, Lot 17 before the building permit is issued for vertical construction on Phase 2, Lot #17. 4. The new billboard will not be constructed prior to the owner pulling an infrastructure permit for any portion of Phase 1. City Attorney Rosenthal said he needs direction for the language regarding Condition #5 with regard to the City having advertising on the LED sign and Commission suggested: S. The City will be entitled to have one cycle of the eight sign rotations for the entire year that would have a static "Welcome to Ocoee" message most of the time except when major events are occurring. Mr. Musica said that they were not prepared to offer that, but if it is the pleasure of the Commission to require that of them they will be happy to consent to it. City Attorney Rosenthal interpreted Mr. Musica's response by saying is that he is not agreeing but only stating if Commission mandates this then they have no choice, which is contrary to the Florida Statute. Mr. Rosenthal said this agreement is must be mutual consensual agreement and he is not hearing that. Commissioner Hood said he is not going to continue debating this for another two hours, he now agrees with the Mayor that this item needs to be tabled under all parties can come to an mutual consensual agreement. Mavor Vanderarift. seconded bv Commissioner Anderson. moved to continue this item to December 2. 2008. No vote was taken at this time due to further discussion. Discussion followed. Mr. Musica said that they will agree to one full time slot for the City on the LED Billboard. After the discussion the vote was taken. Motion failed 1-4. with Hood. Anderson. Johnson. and Keller opposed. Page 11 of 17 City Commission Regular Meeting November 18,2008 Discussion followed ree:ardine: the lane:uae:e for Condition #5. 5) The new billboard will have one guaranteed cycle in a standard rotation, on both sides of the sign, for each day of the year with the copy provided by the City of Ocoee. Commissioner Keller. seconded by Commissioner Anderson. moved to adopt Ordinance No. 2008-019 approvina the PUD Land Use Plan/Rezonina Ordinance. per staff recommendations. with the followina five conditions of approval: 1) A privacy wall will be constructed along Tomyn road in front of the project, with the design being approved as part of the Final Subdivision Plan 2) The developer will not remove the trees from Phase 2, Lot #17 before development of Phase 2, Lot #17 3) A privacy wall will be constructed on the south side of Phase 2, Lot #17 before the building permit is issuedfor vertical construction on Phase 2, Lot #17. 4) The new billboard will not be constructed prior to the owner pulling an infrastructure permit for any portion of Phase 1. 5) The new billboard will have one guaranteed cycle in a standard rotation, on both sides of the sign, for each day of the year with the copy provided by the City of Ocoee. No vote was taken at this time due to subseauent discussion. Mayor Vandergrift urged the Commission to consider tabling this item until more information can be obtained. No one concurred. After the discussion. motion carried 4-1 with Mayor Vanderarift opposed. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2008-019 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICA nON FROM OCOEE C-3, "GENERAL COMMERCIAL" TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 12.34 ACRES LOCATED SOUTH OF AND ADJACENT TO THE FLORIDA TURNPIKE AND APPROXIMA TEL Y 1200 FEET WEST OF MAGUIRE ROAD; PURSUANT TO THE APPLICA nON SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. b. Preliminary Subdivision/Site Plan Mayor Vandergrift opened the Public Hearing. Page 12 of17 City Commission Regular Meeting November 18, 2008 Scott Ricker of Brookstone asked about where the sign would be located in terms of the landscaping; that area was pointed out to him on the map. Frederic Bennett said he is concerned about the visual appearance from his home in Brookstone. Commissioner Hood. seconded by Commissioner Johnson. moved to approve the Preliminary Subdivision Plan for Fountains at Hiahland Park. date stamped received by the City of Ocoee on October 2. 2008. with the same 5 additional conditions of Approval that are applicable to the PUD Land Use Plan/Rezonina Ordinance and subiect to the execution of the Development Aareement. Motion carried 4-1. with Mayor Vanderarift opposed. c. Development Agreement Commissioner Hood, seconded by Commissioner Johnson. moved to approve the Development Aareement for Fountains at Hiahland Park between Dempsey Boyd and the City of Ocoee. with the chanaes to Section 7 on Sanitary Sewer Reauirements and Section 8 on Billboards as previously discussed by the City Attorney and with the additional five conditions of Approval applicable to the PUD beina incorporated into the Development Aareement. Motion carried 4-1. with Mayor Vanderarift opposed. I H. FIRST READING OF ORDINANCES 11. Ordinance Regulating Bowfishing. (Second Reading and Public Hearing scheduled for December 2, 2008) (Deputy Police Chief Goclon) The City of Ocoee desires to ensure the safety of children and other persons making use of lakes within the city and has determined that the unregulated practice of bowfishing at those lakes poses a threat to the continuing safety of those children and other persons in close proximity of the bowfishing activity. An ordinance is proposed to regulate distances, locations, and types of equipment related to bowfishing. City Attorney Rosenthal read the title of the ordinance on first reading. 12. Adoption of Ordinance Regarding Trees on Public Lands. (Second Reading and Public Hearing scheduledfor December 2, 2008) (Parks and Recreation Director Hayes) The importance of trees to the community has been expressed by the City Commission for some time, along with its desire to obtain the Tree City USA designation from the National Arbor Day Foundation. In recognition of this sentiment City Staff has developed an ordinance for consideration that is intended to protect trees on public property and meet the requirements for Tree City USA recognition. The intent and purpose of this ordinance is to regulate and establish policy for the control of planting, removal, maintenance and protection of trees and shrubs in or upon all public lands to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks, parks, or other public lands; to promote and enhance the beauty and general welfare of the City; to prohibit the undesirable and unsafe planting, removal, treatment and maintenance of trees and shrubs located on public lands; and to guard all trees and shrubs both public and private within the City against the spread of disease, insects or pests. The ordinance applies to trees and shrubs planted or growing in or upon public lands, and also to trees and shrubs growing or to be planted in or upon any private premises which shall threaten the life, health, safety or welfare of the public using public lands. Page 13 of 17 City Commission Regular Meeting November 18, 2008 City Attorney Rosenthal read the title of the ordinance on first reading. 13. Red Light Enforcement Camera Ordinance. (Second Reading and Public Hearing scheduledfor December 2, 2008) (Police Chief Brown) The City of Ocoee desires to ensure the safety of the citizens that travel the roadways within the city limits. The disregard of traffic control signals within intersections poses a threat to all citizens which travel our roadways. Of the 86 traffic crashes for the month of October, 28 were at intersections. This ordinance is proposed to assist with traffic light safety to provide a uniform means to implement a Traffic Control Signal Monitoring System/Device. This system is in use throughout the State of Florida, as well as neighboring communities such as City of Apopka, City of Orlando and Unincorporated Orange County. The purpose of this Ordinance is to authorize the use of an unmarmed cameras/monitoring system to promote compliance with red light signal directives as prescribed by this Ordinance, and to adopt a civil enforcement system for red light signal violations. This Ordinance shall be supplemental and in addition to any other applicable law and shall not supersede, infringe, curtail or infringe upon state laws related to red light signal violations or conflict with such laws. City Attorney Rosenthal read the title of the ordinance on first reading. I I. REGULAR AGENDA 14. Approval of Lease-Purchase of New Pierce Enforcer Custom Pumper. (Fire Chief Firstner) The Fiscal Year budget for 08/09 approved the addition of a Fire Station and personnel in District One. The Fire Department will provide a reserve engine as the assigned apparatus, which is currently in inventory and available. A new engine will be required to be purchased to provide fIrst line coverage from this station. Authorization is needed to piggyback the St. Johns County Contract RFP-07-53 for a Pierce Enforcer Custom Pumper. Deputy Fire Chief McNeil explained the need for this pumper. There was discussion about funding this engine prior to getting a fire station built. Commissioner Anderson, seconded bv Commissioner Keller, moved to approve the Lease Purchase of a New Pierce Enforcer Custom Pumper. Motion carried 4-1 with Mavor Vanderarift opposed. 15. Appointment of Commissioner to Selection Committee for RFQ #0901 Continuing Contracts for Engineering Services. (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 responses received for RFQ #0901 Continuing Contracts for Engineering Services. The selection committee meeting is tentatively scheduled for Tuesday, January 13,2009, at 10:00 a.m. Commissioner Johnson nominated Commissioner Anderson to the Selection Committee for RFQ #0901 Continuina Contracts for Enaineerina Services. Consensus of the Commission. 16. Appointment of Commissioner to Selection Committee for RFP #09-002 Continuing Contracts for Planning Services. (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 Proposals received for RFP #09-002 Continuing Contracts for Page 14 of 17 City Commission Regular Meeting November 18,2008 Plarming Services. The selection committee meeting is tentatively scheduled for Monday, December 2,2008, at 10:00 a.m. Commissioner Keller. nominated Commissioner Johnson to the Selection Committee for RFP#09-002 Continuina Contracts for Plannina Services. Consensus of the Commission. 17. Appointment of Commissioner to Selection Committee for RFP #09-003 City-Wide Air Conditioning & Heating. (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 Proposals received for RFP #09-003 City-Wide Air Conditioning & Heating Maintenance Term Contract. The selection committee meeting is tentatively scheduled for Monday, December 16,2008, at 10:00 a.m. Commissioner Johnson nominated Commissioner Hood to the Selection Committee for RFP#09-003 City-Wide Air Conditionina & Heatina. Consensus of the Commission. 18. Staff Presentation of Water Conservation Ordinance Programs, Seeking Direction of Commission. (Utilities Director Smith) The City of Ocoee's groundwater supply, like all of Central Florida's communities, is fmite and the City must take steps to control it through conserving its usage. To accomplish this goal, Staff will present to City Commission the underlying premises for a new Water Conservation Ordinance that should ensure a successful water conservation program. Such premises shall include adoption of WaterStar™ program for new residential properties, establish water budgets based on an allowable armual irrigation depth-coverage, providing for a reward/incentive program for customers adhering to the water budget program, revising the watering violation procedures and limiting hours of irrigation. Pulled from this aaenda to be heard on December 2.2008. under presentations. 19. Consideration of Holiday Schedule for 2009. (City Clerk Eikenberry) Section 8.01 of the Personnel Rules and Regulations (attached) lists Holidays that will be observed armually in the City of Ocoee. Each year certain holidays need to have the dates chosen according to where they fall on the calendar and those dates are approved by the City Commission. Additionally, at the November 4, 2008 Commission Meeting, Commissioner Johnson suggested adding Veteran's Day to the list of Holidays. Attached is a survey of other city's observance of holidays as submitted by HR Director Carnicella. Commissioner Johnson. seconded by Commissioner Keller. moved to approve the reaular Holiday schedule for the nine paid holidays and to consider addina Veterans' Day at a later date. Motion carried 5-0. 20. Possible Grant Contribution to Ocoee Bulldogs toward Travel for Championship Games in Palm Coast, Florida. (Mayor Vandergrift) Mayor Vanderarift said they did not win their last aame and no lonaer need to travel. Emeraency Item Change Order #1 to B08-01 Lift Station 7 and Forcemain Relocation. Utilities Director Smith Utilities Director Smith presented his emergency item for Lift Station 7. He stated the forcemain that runs along State Road 50 has already been bid and over the last few years they have been working with the developers of this property to try to move the lift station from the Page 15 of 17 City Commission Regular Meeting November 18,2008 center of the property to an area that would be more preparatory for the City. He further said in the last two weeks they have come to some kind of agreement and the developers have provided a location where they both agree upon. Commissioner Anderson inquired if the City was paying for the moving of the lift station. City Manager Frank said there are several points to look at such as part of the cost can be assessed to capital connection charges and part of the cost of upgrading the lift station could be assessed to the CRA for opening that area up to development. He said what they will be getting is a brand new lift station put into an area where it will not impede economic development in the future. There are several options for funding. Commissioner Anderson further inquired how the move of the lift station will fix the lines that are over on State Road 50. Utilities Director Smith said the real problem that they are having with the contract work that they are doing on the new lift station is that they have two large areas that feed into it so there is a lot of pumping that has to be done. He briefly explained the benefits of the new lift station. Commissioner Anderson said in the future plans there will be some kind of trail near that area and inquired if the lift station could have a bathroom facility. Utilities Director Smith said they can have a second building in that area if that is the Commission's desire. Mayor Vandergrift inquired if this area would be surrounded by businesses and inquired as to if the proposal is to put restrooms in an area that is surrounded by businesses. Commissioner Keller said that not all commercial businesses like for people to use their restrooms if they are not customers and the restrooms my not be a bad idea. Commissioner Hood. seconded by Commissioner Johnson. moved to aDDrove Chanae Order #1 to B08-01 Lift Station 7 and Forcemain Relocation. Motion carried 5-0. I J. ST AFF REPORTS I City Manger Frank said that they had talked about the possibility of cancelling the 2nd meeting in December for Christmas and his only thought is if the Commission is going to consider it now would be a good time so they can advertise second readings accordingly. Consensus of the Commission is to maintain the meetinas as they are currently scheduled with no cancellations. I K. COMMENTS FROM COMMISSIONERS - .- Commissioner Kellec - 1) reminder that the Ocoee High School Choirs will be performing on December stli in conjunction with the Children's Miracle Network. Cost is $5 or an unwrapped gift. 2) Rachel's Challenge for anyone interested in hearing the speaker for this will be this Thursday at the Ocoee Middle School Gym. Comiiiissioner Johnson - 1) announced Operation Santa will be on December 9th, Ilt\ 13th, 16tli, and 17th. Next week the information will be on the City's website or you can call the Fire Department at 407-905-3140. He asked for this to please be put on Ocoee TV. 2) wants to proceed to buy 32 acres on north side of town for a passive park and Fire Station. The property is located on Lauren Beth and Clarcona Ocoee Road known as the old Kerr Property. He asked City Manager Frank to get with the City Attorney to see what kind of terms and price they can get and if they will sell at a discount. Page 16 of 17 City Commission Regular Meeting November 18,2008 Commissioner Johnson. seconded by Commissioner Keller. moved to have City Manaaer Frank and City Attorney Rosenthal look at the old Kerr Property to see what kind of terms and price they can aet the property for. AMENDMENT TO MOTION: Commissioner Anderson amended the motion to add that the City look at properties to the northwest corridor for a Fire Station and parks. Motion died for lack of second. After a Brief Discussion vote was taken on oriainal motion. Motion carried 3-2 with Commissioner Anderson and Mayor Vanderarift opposed. roiiimiSSiOiie~ 'AnJeno.rl - 1) inquired about the water conservation proposal on Water Star and if it could be placed under presentations at the next agenda. Without obiections it will be put as close as possible to the top of the aaenda. Commissioner:HO;d - 1) reminded everyone about the Christmas decoration contest. Forms can be picked up at the Jim Beech Center, City Hall, or on the city website. Forms are due back on Friday, December 5th by 5p.m. and judging will be Monday, December 8th. May-or vandergrift - 1) reminded everyone about the wholehearted discussion they had last year regarding people who cannot eat at this time of the year and how the Food for Families and other organizations meet the night before thanksgiving at the Ocoee High School to help separate food and then deliver the following morning. The Mayor asked everyone get involved in community. I ADJOURNMENT The meeting was adjourned at 11:12 p.m. Attest: APPROVED: City of Ocoee Page 17 of 17