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HomeMy WebLinkAbout09-21-10 MINUTES OCOEE CITY COMMISSION September 21, 2010, at 7:15 P.M. REGULAR CITY COMMISSION MEETING 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, followed by the Pledge of Allegiance to the Flag, led by Commissioner Wilsen. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Proclamation — Walk to School Day — October 6 (Mayor Vandergrift) Presentation of Officer of the Second Quarter 2010 Award to Officer Amanda Strong — CACOPD Board Vice Chair Victoria Laney, presented Officer Amanda Strong with the officer of the Year Award for the second quarter of 2010 and gave a summary of why she was selected by the board. Update on West Orange Airport Authority — William Maxwell- postponed to next agenda Presentation on Legislative Updates — Fred Leonhardt, Chris Carmody, and Robert Stuart gave a PowerPoint presentation covering the follow topics: Florida League of Cities Priorities; Amendment 4 Update; SB360 (2009) Declared Unconstitutional; 2010 Session, by the Numbers; 2010 Session, Bills that Passed; 2010 Session, Bills that Failed; Colony Plaza; Perspective on Local and Statewide Politics. Opened the floor for Questions and Answers. Commissioner Keller asked, in light of the few bills that passed this year, what the best way to handle the Colony Plaza issue; on a separate bill or on a condo bill. Mr. Stuart advised it can go either way, if we go as a stand alone bill it can always attach onto another moving vehicle later. City Attorney Rosenthal said that is on the Attorney Day agenda tomorrow to discuss. Mayor Vandergrift asked about legislation with the Wekiva Water Basin and mandating of new septic systems at each residence. Mr. Leonhardt said they don't what is going to be passed at this time; however House Rep. Brian Nelson was a major advocate for governments in this region in trying to stop that provision from being in the bill. The Bill has been filed several years in a row and there will probably be some changes made once there is more clarity in how it will affect people. Mayor Vandergrift asked that he be notified when the Hearing will occur with regard to this. C. COMMENTS FROM CITIZENS/PUBLIC Mr. Tom Hendrix, 608 Jay Street — Mr. Hendrix presented the City with a check for $10,000 from the Bowness Trust Fund. Five thousand dollars of the money will go to the Founders' Day event, and the remaining $5000 will be donated to the City's annual Christmas dinner for the City Commission Regular September 21, 2010 Needy. The mayor and the commission thanked Mr. Hendrix for the contribution and for his service to the community. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced there is an emergency item: Emergency Item- Approval of and Authorization for the Finance Department to Reallocate $3,000 From the Central Park Improvement Project to the Citywide Tennis and Basketball Court Reconstruction Project to Cover the Cost of Geotechnical Testing and Other Minor Project Expenses. City Manager Frank gave a brief explanation of the reallocation of $3,000 from the Central Park Improvement Project to the Citywide Tennis & Basketball Court Reconstruction Project to cover the cost of geotechnical testing and other minor project expenses. Mayor Vandergrift declared this an emergency and motion was taken as follows: Commissioner Johnson, seconded by Commissioner Hood, moved approve the reallocation of $3000 from the Central Park Improvement Project (Job No. 30501) to the Citywide Tennis & Basketball Court Reconstruction Proiect (Job No. 30504) to cover cost of the geotechnical testing and other minor project expenses. Motion carried 5 -0. City Manager Frank stated that staff requests Item #12 be heard after Item #19. He stated Item #13 is being requested to be continued to October 5 City Attorney Rosenthal added that when they get to that item they will still need to read the title and open the public hearing to have a formal vote and avoid re- advertising. City Manger Frank announced that Item #16 does have two additional items on the dais for the Commission to review. Lastly, Item #22 which is the Founder's Day Financial Summary Report, Parks and Recreation Director Hayes will give a report on balancing the budget out for Founder's Day for the previous years as well as, Commissioner Johnson giving a review on some of the contributions. City Manger Frank stated he has a calendar with suggested dates for City Holidays for the 2011 Calendar. Staff is asking for a consensus so they can label those days as a holiday and have it printed in the calendar. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve staff's recommendation for the 2011 City Holidays which includes Christmas holidays of December 23 and 26, 2011. Motion carried 5 -0. The 2011 observed holidays were approved as follows: New Year's Day Friday; December 31, 2010 Martin Luther King Jr. Day Monday; January 17, 2011 Memorial Day Monday; May 30, 2011 Independence Day Monday; July 4, 2011 Labor Day Monday; September 5, 2011 Thanksgiving Thursday and Friday; November 24 & 25, 2011 Christmas Friday and Monday; December 23 & 26, 2011 Page 2 of 17 City Commission Regular September 21, 2010 Commissioner Johnson, seconded by Commissioner Hood, moved to approve the agenda changes as recommended by the City Manager. Motion carried 5 -0. Staff Reports Continued: Development Services Director Shadrix thanked the Commission, staff, and several others for the successful trial run of the Farmer's Market. He further stated that staff is requesting the Commission to make the decision of: 1) whether to continue the Farmer's Market or not continue it, 2) if it they choose to continue it, where would they like to keep it at the existing location on McKey Street or somewhere else, and 3) authorize staff to determine a more permanent arrangement for management of the market including use of community volunteers. He further stated that the responses have been overwhelming from many of the citizens. The market has created a sense of place where it is now and they would like to see it grow and continue. Mayor Vandergrift, seconded by Commissioner Hood, moved to leave the Farmer's Market in the downtown area and continue the event. City Manager Frank added that if the vote is to continue the Farmer's Market event the City may need to buy another generator at some point in the future as well as some other miscellaneous expenses. Development Services Director Shadrix stated they will need a few thousand dollars to continue the event. He further stated they are still obtaining some numbers on the cost benefits analysis of whether they should buy some port-o -lets or continue to rent. They do currently have a very good rental rate. Development Services Director Shadrix stated, in staff's opinion, that this is something along with the generators that would be a good long term investment. Commissioner Wilsen stated the Farmer's Market has been wonderful and she thanked Planner Mike Rumer for doing such a wonderful job. She further added she likes the location but does not like the fact that you can see the port-o -lets when you drive down Bluford Ave. She also feels since the City has already spent money to add electrical outlets along the lake and it might be a better option to move the market there verses spending money on buying generators. Commissioner Wilsen added that she would like to see the Framer's Market kept as a vendor -only event with selling and displaying of crafts. She added that she does not want to see it become a political place and should be left for vendors only. Commissioner Hood added that he would like for the barricades and port-o -lets to be moved because they currently an eyesore when left out all weekend long. Commissioner Johnson suggested that the barricades and port-o -lets be placed behind the fence by the Health Clinic so that it would be easily accessed. City Manager Frank stated the only reoccurring expense at this time is the port-o- lets. Development Services Director Shadrix stated they were given a rate of $200 /per month for the trial run of the market. Commissioner Hood inquired if the event is costing the City much. City Manager Frank stated along with the port-o -lets there is the cost for fuel for the generator. Principal Planner Rumer stated that the port-o -lets will go down to $150 /per month if they continue the event. As for the revenue, at this time they are breaking even. A brief discussion ensued regarding the Mayor sitting at the Farmer's Market with a sign stating, "Chat with the Mayor ". Commissioner Wilsen moved to approve no politics at the Farmer's Market. Discussion ensued. Ms. Meyers, a grant recipient earlier this evening, felt that everyone had a constitutional right to have freedom of speech and assemble. Mayor Vandergrift added that if Page 3 of 17 City Commission Regular September 21, 2010 he was politicking he could understand what Commissioner Wilsen concerns are; however, he was making himself accessible to the community as he has been doing this for 20 years. After a brief discussion, she withdrew her motion. Mayor Vandergrift stated he would like to take a vote on the motion that was already on the floor and asked for clarification. City Clerk Eikenberry re- stated the motion and inquired if a dollar amount would be added to the motion per the discussion about other expenses. City Manager Frank stated there is only one week left in this fiscal year, but he was just advising them of the future expenses that may arise. After a brief discussion the following motion was taken on the amendment: Mayor Vandergrift, seconded by Commissioner Hood, moved to amend the previous motion to include $2000 taken from Contingency to cover expenses. Motion carried 5 -0. Original Motion as amended: Manor Vandergrift, seconded by Commissioner Hood, moved to leave the Farmer's Market in the downtown area and continue the event. Additionally, approval of up to $2000 from Contingency to cover expenses. Motion carried 5 -0. Commissioner Johnson stated that now one of the things that needs to be done is that staff sit down and find a volunteer liaison that can work with the Farmer's Market Vendors so that staff is not taken away from their regular job duties. Commissioner Hood inquired if a youth organization could be used for parking so that recreation staff does not have to be used. Mayor Vandergrift stated that he believed there was communication regarding turning over the event from Planning to Recreation. Development Services Director Shadrix stated that was correct and he was going to suggest for staff to look at a community volunteer base for market management and oversight. The City would then work to provide guidance with them. He further stated that would allow for staff just to be there in a supervisory capacity. Consensus, without obiection, was for staff to operationally handle this situation. Ron Voshell stated he would like to volunteer his time to be a liaison. He stated this is something he believes in and has been trying to get this going for awhile. Kim Baer, 752 Westyn Bay, stated she has also been very pleased with the Farmer's market turn-out and is willing to volunteer her services. She further stated she is a certified event planner and has many connections with the City that can help benefit in putting things together. She added she feels it should stay on McKey Street since there are other events that happen out by the lake on Friday nights. Parks and Recreation Director Hayes stated he has had discussion with Mr. Shadrix when the original trial run was going to take place so he is aware of the transitioning of the event into his care. Update for Proposed Hackney Prairie Elementary School Site — The city manager called upon Development Services Director Craig Shadrix to brief the commission about the project's progress. The director reported that the City is working with Orange County government and Orange County school board on an interlocal agreement and the use of City property for a retention pond and City right -of way. The County will be making road improvement s to the area and extending utilities at their expense. The new school will relieve overcrowding. Page 4 of 17 City Commission Regular September 21, 2010 Director Shadrix said that the school district has worked hard to address all concerns from elected officials and staff, and is looking for the approval of the commission for the interlocal agreement. He asked if the commission had any questions. Commissioner Keller (in whose district the school will be built) said he was very happy with the involvement of the school board. He believes that the school is definitely needed to relieve overcrowding at Clarcona Elementary and Spring Lake Elementary. He asked for the attorney's guidance in making a motion for the commission's recommendation of support for the project. City Attorney Rosenthal said that he would defer to Director Shadrix as to what is needed. Mr. Shadrix said that they are asking for a letter of support. Mr. Tyrone Smith, Senior Manager of Planning & Governmental Relations, Orange County School Board, requested a letter of support from the commission on behalf of Orange County. The letter will be presented to the school board on September 28` The mayor asked Mr. Smith if anyone had ever been mentioned in a meeting that the board should look at the possibility of building a k through 8 to relieve overcrowding, and delay building the elementary school. Mr. Smith said that this matter has come up before, but he urged the mayor to keep in mind that at this time it is not the school board's policy to build k through 8 schools except on a case -by -case basis. Further discussion ensued. The mayor said that by the time the school is finished it will cost about a half a million dollars. He supports delaying the building of the school. Further discussion ensued. The mayor expressed concern about who would furnish utilities and roads. He was assured that there were agreements with the county as to funding the additional utilities and road improvements. The mayor asked if the City has that assurance in writing. City Attorney Rosenthal and Mr. Smith answered affirmatively. There was further discussion Commissioner Keller, with a second by Commissioner Wilsen, that a letter of support be given to the school board in support of the Hackney Prairie Elementary School. The motion passed 3 -1, with Mayor Vandergrift opposed and Commissioner Johnson away from the dais. The mayor called for a recess following the vote at 8:43 p.m. Return from recess 8:55 p.m. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — commended staff that the house on 504 Withers Court has finally come down and looks forward to the one in Sawgrass Mills being demolished. Commissioner Wilsen agreed with Commissioner Keller's comments Commissioner Hood -no comments Commissioner Johnson -no comments Mayor Vandergrift — said on Friday night at 7:30 p.m., a football game will take place. It will be West Orange High School versus Ocoee High School. The mayor encouraged everyone to come out and cheer on whichever team they support. He will try to have the event on Channel 200. It will be televised on Channel 47. Page 5ofl7 City Commission Regular September 21, 2010 F. CONSENT AGENDA Commissioner Hood, seconded by Commissioner Keller, moved to approve Items #1 - #7 on the Consent Agenda as presented by staff. Motion carried 5 -0. 1. Approval of Minutes for Regular City Commission Meeting Held August 17, 2010, and Budget Workshop Minutes of August 11, 2010. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. 2. Appointments to the Police Infraction Hearing Board. (City Clerk Eikenberry) Ocoee Police Infraction Hearing Board was established May 15, 2007, by Ordinance No. 2007 -007. The Hearing Board consists of seven (7) members. Each member of the City Commission appointed one citizen to the board, filling five of the seats. The other two members were appointed by the City Commission from among the membership of the Citizens Advisory Council of the Ocoee Police Department (CACOPD), as recommended by the Police Chief. Currently, one position is vacant (District 1) and two positions are open for reappointment. Commissioner Hood has submitted his recommendation for Donald Bellerive. Carol Amey and Jim Chinelly both indicated they would be willing to serve another term on the Hearing Board. Approved on Consent. Motion carried 5 -0. 3. Reappointment to the General Employees' Pension Board of Trustees. (City Clerk Eikenberry) Trustees for the Pension Boards now serve four -year terms, as amended in Ordinance 2009 -020. The City Commission appoints two of the trustees, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and presented to the City Commission for certification of the appointment as a ministerial act. Trustee Patricia Gleason has indicated she is willing to serve another term if appointed. At this time no other applications were received for serving on this board. Approved on Consent. Motion carried 5 -0. 4. Approval of Execution of Property Releases to AT &T and MASTEC for Damages Caused to City Facilities at the Intersection of White and Montgomery Roads. (City Engineer Wheeler) The City approved a Right -of -Way Utilization permit for AT &T to install some new facilities within the City's rights -of -way along Clarke, White, and Montgomery Roads. AT &T contracted with MASTEC to perform the installation of those facilities. While working at the intersection of White and Montgomery Roads, MASTEC caused a City water main to come apart. The resulting damage to the intersection washed out a stormwater pipe, a portion of the road and curb, and disrupted water service to most customers along the White Road corridor for many hours on the morning of August 21, 2009. Public Works and Utilities crews were called upon to reconnect the 12 inch water main and re- establish the grading, road, and curb in the affected area. The cost for the City crews was billed to AT &T, as the utility permittee. The total cost to the City was $10,360.61. AT &T and MASTEC have agreed to split the cost and reimburse the City for its expenses. Approved on Consent. Motion carried 5 -0. 5. Approval of Intent to Annex for Water Service for Mark E. and Jeffrey W. Dally Property at 201 16 Avenue. (City Engineer Wheeler) Mark and Jeffrey Dally own the property which is located at 201 16th Avenue and have approached the City for utility service. The property was platted as part of the North Ocoee Addition No. 1 and has two single family residences on the property. The property is currently within unincorporated Orange County and is not contiguous to the City Limits. However the property is inside the City's JPA boundary, Water & Sewer Territorial Boundary, and City Limits. Therefore, this is just intent to annex for water service at this time. Approved on Consent. Motion carried 5 -0. Page 6 of 17 City Commission Regular September 21, 2010 6. Approval of Change Order No. 2 Clarke Road Rehabilitation Project, which Reduces the Final Project Cost by $29,944.28. (CIP Manager Butler) The City undertook a major repaving effort for the portion of Clarke Road north of Silver Star Road in cooperation with the Florida Department of Transportation using funds provided by the American Recovery and Reinvestment Act. That work has been completed and a closeout change order is required to reconcile contract quantities and installed quantities. The fmal cost of the project, $975,598.02, was slightly less than the contract amount of $1,005,542.50 as a result of more unit reductions than additions. Twelve new pay items were added over the life of the project in order to properly account for contingency actions related to sidewalk upgrades, pavement markings, and traffic signal work required by field conditions. Approved on Consent. Motion carried 5 -0. 7. Approval of Reduction of $40,479.78 in the Contract Amount for the Maguire Road - Turnpike Utility Relocation Project. (CIP Manager Butler) The City was required to relocate its utility facilities crossing under Florida's Turnpike, as a result of its obligations under the Florida DOT right -of -way utilization permit that allowed the crossing, when that agency decided to widen the Turnpike. This work required removal of a 12 -inch water main and a 12 -inch sanitary sewer force main, along with installation of a replacement sanitary sewer force main at a greater depth. However, after the work was begun, Turnpike staff concluded that sufficient cover would remain above the water main to allow it to stay in service. As a result, this portion of the work was no longer necessary and is deleted by this change order. Approved on Consent. Motion carried 5 -0. G. FIRST READING OF ORDINANCES 8. Health Central II (3723 Old Winter Garden Rd). (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Rumer) Staff recommends the annexation of the 5,800 square feet of land known as the Health Central II Parcel, and rezoning to R -3 (Multiple - Family Dwelling) District. a. Annexation City Attorney Rosenthal read the title of annexation ordinance 2010 -024. Mayor Vandergrift announced the second reading and public hearing will be heard on October 5, 2010 at 7:15 or as soon thereafter as practical. b. Rezoning City Attorney Rosenthal read the title of rezoning ordinance 2010 -025. Mayor Vandergrift announced the second reading and public hearing will be heard on October 5, 2010 at 7:15 or as soon thereafter as practical. 9. Health Central III — Rezoning. (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Rumer) The subject properties are located on the north side of Old Winter Garden Road, west of Ohio Avenue, and east of Arlington Avenue. The properties are vacant of structures with heavy vegetation. The applicant is requesting a zoning designation of R -3 which is permitted under the Future Land Use designation. City Attorney Rosenthal read the titles of two rezoning ordinances 2010 -026 and 2010 -027. Mayor Vandergrift announced the second reading and public hearing will be heard on October 5, 2010 at 7:15 or as soon thereafter as practical. Page 7 of 17 City Commission Regular September 21, 2010 10. Eddie W. Turner (3750 Jane St). (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Rumer) Staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the +/- 0.44 acres of land known as the Eddie W. Turner parcel, and also adopt the ordinance to rezone the property from Orange County A -1 to Ocoee R -3. a. Annexation City Attorney Rosenthal read the title of annexation ordinance 2010 -022. Mayor Vandergrift announced the second reading and public hearing will be heard on October 5, 2010 at 7:15 or as soon thereafter as practical. b. Rezoning City Attorney Rosenthal read the title of rezoning ordinance 2010 -023. Mayor Vandergrift announced the second reading and public hearing will be heard on October 5, 2010 at 7:15 or as soon thereafter as practical. 11. West Property — Small Scale Comprehensive Plan Amendment. (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Rumer) The West property is located on the north side of Palm Drive, between East Crown Point Road and SR 429. The subject site is approximately 8.89 acres in size and is zoned R -1 (Single - Family Dwelling). The property is currently vacant and undeveloped. The applicant/owner is requesting a Small -Scale Comprehensive Plan Amendment which consists of classifying the subject parcel of land from "Low Density Residential" to "Light Industrial." The subject property came before the Local Planning Agency back in November 2008, as part of a Large Scale Comprehensive Plan Amendment. The Large Scale Comprehensive Plan Amendment did not proceed after the meeting. The rest of the properties involved received a Large Scale Comprehensive Plan Amendment from Orange County with Ocoee's support. This Small Scale Amendment will amend the Land Use of the fmal 8.89 acres. City Attorney Rosenthal read the title of annexation ordinance. Mayor Vandergrift announced the second reading and public hearing will be heard on October 5, 2010 at 7:15 or as soon thereafter as practical. H. FIRST READING OF ORDINANCE - PUBLIC HEARING 12. Wastewater Facility Plan - Large Scale Comprehensive Plan Amendment. (Date of Second Reading Contingent on Approval of DCA). (Advertised in the Orlando Sentinel Orange Extra on Thursday, September 9, 2010). (Principal Planner Rumer) In 2004, the Florida Legislature enacted the Wekiva Parkway and Protection Act (Wekiva Act) found in Part III, Chapter 369, Florida Statutes. Local governments within the Wekiva Study Area (WSA) are required to develop a wastewater facility plan for the specific portions of their joint planning areas and utility service areas where central wastewater systems are not readily available. The purpose of this effort is to prepare a Wastewater Facility Plan for the City of Ocoee that meets the Act's requirements for short-range (5 -year) and long -range ( -20 year) planning horizons. This item was moved on the agenda and heard after Item #19. City Attorney Rosenthal read the title of the ordinance. Mayor Pro Tem Johnson opened the Public Hearing. Page 8of17 City Commission Regular September 21, 2010 Mayor Pro Tem Johnson closed the Public Hearing. City Attorney Rosenthal advised that the ordinance was amended today; Exhibit C was changed to attach the Plan by reference rather than include it, due to the size of the document. Those corrections were distributed to the City Clerk today for inclusion in the ordinance. Commissioner Hood, seconded by Commissioner Keller moved to adopt on first reading the ordinance approving: 1) addition of the Wastewater Facility Plan by Reference to the Comprehensive Plan, and 2) additions to the Sanitary Sewer Sub - Element and Intergovernmental Coordination Element, for the purpose of implementing the Wastewater Facility Plan 3) direct staff to transmit the proposed amendments to the Department of Community Affairs (DCA) for review and comment and 4) include the amendment to the ordinance as described by the city attorney. Motion carried 4 -0, with Mayor Vandergrift away from the dais. Mayor Pro Tem Johnson and City Manager Frank commended the Development Services Director Shadrix and Principal Planner Rumor for the hard work getting all of these components of the EAR and Comprehensive Plan moving forward. They additionally mentioned what a great job they are doing coordinating everything for the Farmer's Market. I. SECOND READING OF ORDINANCE — PUBLIC HEARINGS 13. Second Reading of Ordinance - Deeper Life Assembly of God Church — Annexation. (Advertised in the Orlando Sentinel Orange Extra on Thursday, September 9 and 16, 2010). (Principal Planner Rumer) Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 38 +/- acres of land known as Deeper Life Church parcels and also adopt the annexation agreement for the 5.3 acre parcel containing the existing church buildings. Annexation Ordinance 2010 -017 City Attorney Rosenthal read the title of annexation ordinance 2010 -017. Mayor Vandergrift opened the public hearing. Commissioner Keller, seconded by Hood, moved to continue this hearing to a time certain of October 5, 2010. at 7:15 p.m. or as soon thereafter as practical. Motion carried 5 -0. Annexation Ordinance 2010 -018 City Attorney Rosenthal read the title of the annexation ordinance 2010 -018. Mayor Vandergrift opened the public hearing. Commissioner Keller, seconded by Hood, moved to continue this hearing to a time certain of October 5, 2010, at 7:15 p.m. or as soon thereafter as practical. Motion carried 5 -0. Page 9 of 17 City Commission Regular September 21, 2010 14. Second Reading of Ordinance Amending the City of Ocoee Police Officers' & Firefighters' Trust Fund. (Advertised in the Orlando Sentinel Orange Extra on Sunday, September 12, 2010). (Police Chief Brown) The Police Officers' & Firefighters' Trust Fund Board is requesting an amendment to the Police and Fire Pension Ordinance to include the Pension Protection Act of 2006 and subsequent regulations and guidance from the IRS, as well as other changes to the Internal Revenue Code and Regulations, changes to the State law and the adoption of Chapter 2009 -07, Laws of Florida. City Attorney Rosenthal read the title of the ordinance. Deputy Fire Chief Stanley explained the amendments to the ordinance. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Keller, seconded by Wilsen, moved to adopt ordinance 2010 -019 amending and restating in full ordinance 91 -09 relating to the City of Ocoee Police Officers' & Firefighters' Trust Fund. Motion carried 5 -0. The ordinance as adopted carries the following title: ORDINANCE NO. 2010-019 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND; AMENDING AND RESTATING IN FULL, ORDINANCE NUMBER 91 -09, AS SUBSEQUENTLY AMENDED; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE J. PUBLIC HEARINGS 15. Stor Kwik- Preliminary/Final Site Plan. (Advertised in the Orlando Sentinel on Thursday, September 9, 2010). (Senior Planner Howell) The subject property is located on the southwest corner of the intersection of State Road 50 and Westrun Road. More specifically the property is known as Lot 1 of the West 50 Commercial Subdivision. The Large -Scale Preliminary/Final Site Plan for Stor Kwik proposes the construction of a 41,225 square foot self - storage facility with associated retail units on the front facade of the main building. The storage facility will consist of a total of six buildings, with the main building noted as Building "A ". This building is proposed as a three -story climate - controlled self - storage use with the front facade consisting of three retail units, and two office spaces which will be utilized by the storage facility. Senior Planner Howell reviewed the Preliminary/Final Site Plan for Stor Kwik. The waiver that is requested is to Section 6.10 B (4) (A) of the Land Development Code. Section 6.10 B (4) (A) requires a 4:1 replacement ratio of all protected trees on a development site. The applicant conveyed to staff that this waiver was being requested since the required replacement trees could not adequately be provided on site. A total of 108 new trees are being provided on site in accordance with the landscape requirements of the Land Development Code. An examination of the landscape plan confirms that there appears to be no additional space remaining on site to provide the requisite replacement trees. The applicant is proposing a replacement ratio of 1:1, or 25- percent of the required ratio. This amounts to 26 replacement trees that will be provided on site. The applicant has justified this waiver request by stating the total number of protected trees prior to development is 38 trees. The required number of trees Page 10 of 17 City Commission Regular September 21, 2010 equals 47 shade and 65 understory trees. The number of trees to be provided equals 12 existing and 51 shade and 75 understory trees. The total number of trees after development will be 138 trees. Staff recommends approval of the aforementioned waiver request and the Preliminary/Final Site Plan Mayor Vandergrift asked for clarification on the tree replacement. Developer Thomas Skelton American Civil Engineering stated that the 26 trees will be replaced at a 1:1 ratio, but they are also adding over 100 trees into the landscaping; mostly oak trees and crepe myrtles. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public hearing. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve the Preliminary /Final Site Plan and waiver per staff recommendations. Motion carried 5 -0. 16. Evaluation and Appraisal Report — Adoption. (Advertised in the Orlando Sentinel Orange Extra and West Orange Times on Thursday, September 9, 2010). (Development Services Director Shadrix) Under State law, every jurisdiction in the State of Florida must evaluate how well it has performed at meeting the goals, objectives, and policies of the Comprehensive Nan. The City must also determine what changes are needed in the plan to reflect the community's vision for the future. The result of this evaluation process is an official report known as the Evaluation and Appraisal Report (EAR). The purpose of the EAR is to review the adopted Comprehensive Plan to determine how well the City is meeting State mandated planning requirements, implementing the Goals, Objectives, and Policies as set forth in the Comprehensive Plan, and addressing major growth management issues within the City. Various tools are then proposed to address the issues raised by the community and public officials. City Attorney Rosenthal read the title of the resolution. Development Services Director Shadrix announced that there is a sign -in sheet for anyone wishing to speak on this issue as required by Florida Statutes. He gave an overview of the E.A.R. and the process for adoption. He agreed with the city lobbyists with regard to the possible passage of Amendment 4; stating it could hamper our ability to grow and take the decision making power away from the elected officials. He said the next series of items that the commission will be hearing are being expedited to better position the city that are hastened in this case. The EAR is required under State law so that every jurisdiction in the State of Florida evaluates how well it has performed at meeting the goals, objectives, and policies of the Comprehensive Plan. The City must also determine what changes are needed in the plan to reflect the community's vision for the future. The major issues identified were based on community meetings, workshops, and communication with elected officials and include: 1) Community Character and Design 2) Transportation Connectivity 3) Utility Infrastructure 4) Mixed Use Employment and Commercial Centers 5) Neighborhood Revitalization /Housing 6) Conservation The process will include coming back within eighteen months of adoption and transmittal of this EAR and amend the Comprehensive Plan to address these issues in a financially feasible manner. Staff recommends that the Honorable Mayor and City Commissioners approve The City of Page 11 of 17 City Commission Regular September 21, 2010 Ocoee 2010 Evaluation and Appraisal Report for transmittal to the Florida Department of Community Affairs. Mayor Pro tem Johnson opened the Public Hearing. There being no one wishing to speak, Mayor Pro Tem Johnson closed the Public Hearing. Commissioner Hood, seconded by Commissioner Keller, moved to adopt Resolution No. 2010 -013 approving the City of Ocoee 2010 Evaluation and Appraisal Report for transmittal to the Florida Department of Community Affairs, including the Errata Sheet that was presented this evening. Motion carried 4 -0, with Mayor Vandergrift away from the dais. The resolution as adopted carries the following title: RESOLUTION NO. 2010 -013 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT FOR THE CITY OF OCOEE COMPREHENSIVE PLAN; STATING THE INTENT OF THE CITY COMMISSION TO AMEND THE COMPREHENSIVE PLAN BASED UPON RECOMMENDATIONS CONTAINED IN THE REPORT; AND APPROVING THE TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. 17. 16 Joint Planning Area Amendment. (Advertised in the Orlando Sentinel Orange Extra and West Orange Times on Thursday, September 9, 2010). (Development Services Director Shadrix) The City has initiated this amendment to the Comprehensive Plan in order to (i) incorporate by reference the Sixteenth JPA Amendment; (ii) provide for the revision of the Future Land Use Map (Figure 2) and the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Land Use Map as modified by the Sixteenth JPA Amendment; and (iii) provide for the revision of the Existing Land Use Map (Figure 1) to conform to the Orange County Comprehensive Policy Plan Future Land Use Map as modified by the County Comprehensive Plan Amendment. The Sixteenth (16th) Amendment to the City of Ocoee -Orange County Joint Planning Area Agreement (JPA) amended the boundary to include the area located north of Palm Drive, east of East Crown Point Road and west of SR 429 aka "East Crown Point High Tech Industry PUD" and establish a JPA Future Land Use map designation for all parcels as "Light Industrial." a. Large Scale Comprehensive Plan Amendment — First Reading of Ordinance (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7.•15 p.m. or soon thereafter). City Attorney Rosenthal read the title of the ordinance and stated this is a City Initiated large Scale Comprehensive Plan Amendment. Development Services Director Shadrix explained this item cleans up the map and positions the city better from an annexation standpoint. Mayor Pro Tem Johnson opened the Public Hearing. Mayor Pro Tem Johnson closed the Public Hearing. Page 12 of 17 City Commission Regular September 21, 2010 b. Transmittal Public Hearing Commissioner Keller, seconded by Commissioner Hood, moved to adopt on first reading the ordinance approving the Large Scale Comprehensive Plan Amendment (i) amending the Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan the 16 Amendment to the Ocoee /Orange County Joint Planning Area Agreement (JPA); (ii) amending the Future Land Use Map (Figure 2) and the Existing Land Use Map (Figure 1) of the Ocoee Comprehensive Plan to conform to the 16 Amendment to the JPA; and (iii) amending the Existing Land Use Map (Figure 1) to conform to Orange County Comprehensive Plan Amendment Ordinance Number 2010 -07 with respect to lands referenced in the 16 Amendment to the JPA and (iv) direct staff to transmit the proposed amendment to the Department of Community Affairs (DCA) for review and comment. Motion carried 4 -0 with Mayor Vandergrift away from the dais. 18. Past Joint Planning Area Amendments and Future Land Use Map Clean -up. (Advertised in the Orlando Sentinel Orange Extra and West Orange Times on Thursday, September 9, 2010). (Development Services Director Shadrix) The City proposes to update Figure 1 (Existing Land Use Map) and Figure 2 (Future Land Use Map) of the Future Land Use Element of the Ocoee Comprehensive Plan to reflect annexations and comprehensive plan amendments adopted since the adoption of CPA - 2001 -1 -1; and to (i) incorporate by reference the Fifth through the Fifteenth Joint Planning Area Agreement Amendments; (ii) amend Subsection I of the Future Land Use Element in order to reflect the Fifth through the Sixteenth Joint Planning Area Agreement Amendments; (iii) amend the Future Land Use Map (Figure 2) to conform to the Joint Planning Area Agreement, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 2; and (iv) amend the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Agreement, as amended and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 1. a.Large Scale Comprehensive Plan Amendment — First Reading of Ordinance (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). City Attorney Rosenthal read the title of the ordinance and stated this is a City Initiated Large Scale Comprehensive Plan Amendment. Development Services Director Shadrix explained. City Attorney Rosenthal advised that some of the ordinances had to be amended and those corrections were distributed to the City Clerk today. Mayor Pro Tem Johnson opened the Public Hearing. Mayor Pro Tem Johnson closed the Public Hearing. Page 13 of 17 City Commission Regular September 21, 2010 b. Transmittal Public Hearing Commissioner Keller, seconded by commissioner Wilsen, moved to adopt on first reading the Ordinance approving a Large Scale Comprehensive Plan Amendment which will (i) amend the Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan Amendments Five (5) through Fifteen (15) to the Ocoee /Orange County Joint Planning Area Agreement (JPA), (ii) amend Subsection I of the Future Land Use Element in order to reflect Amendments Five through Sixteen (16) to the JPA; (iii) amend the Future Land Use Map (Figure 2) of the Ocoee Comprehensive Plan to conform to the JPA, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 2; and (iv) update the Existing Land Use Map (Figure 1) to conform to the JPA, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure land (v) direct staff to transmit the proposed amendment to the Department of Community Affairs (DCA) for review and comment (vi) include the revisions to the ordinance as recommended by the City Attorney and delivered to the City Clerk. Motion carried 4 -0 with Mayor Vandergrift away from the dais. The City Commission and City Manager recognized Development Services Director and staff for getting this E.A.R. and all corresponding amendments passed. Commissioner Johnson also added that his staff, particularly Principal Planner Rumer, have done a great job on the Farmer's Market. Mr. Shadrix stated that it was a group effort that included Chief Brown, Chief McNeil, Parks and Recreation Director Hayes, HR Director Carnicella, Public Works Director Krug and Principal Planner Rumor and he thanked everyone for jumping in so readily to help. 19. Text Amendments. (Advertised in the Orlando Sentinel and West Orange Times on Thursday, September 9, 2010). (Development Services Director Shadrix) The City has initiated this amendment to the Comprehensive in order to (i) amend the defmition of floodplains in order to allow an alternative basis for determining the location of 100 -year flood plains for the purposes of implementing the requirements of the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the Section IV of the Conservation Element in order to conform to the amended definition of floodplains, and (iii) amend the Public Participation Procedures Element regarding procedures for noticing and conducting public hearings on comprehensive plan amendments. a. Large Scale Comprehensive Plan Amendment — First Reading of Ordinance (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7:15 p. m. or soon thereafter). City Attorney Rosenthal read the title of the ordinance Development Services Director Shadrix explained and stated this is a City Initiated Large Scale Comprehensive Plan Amendment. He stated there are three pieces to the text amendments: (1) amend the definition of floodplains in order to allow an alternative basis for determining the location of 100 -year flood plains for the purposes of implementing the requirements of the Ocoee Comprehensive Plan, (2) amend Objective 3 of the Section IV of the Conservation Element in order to conform to the amended definition of floodplains, and (3) amend the Public Participation Procedures Element regarding procedures for noticing and conducting public hearings on comprehensive plan amendments. He added that this clean up will allow us to further avoid situations that occurred with the Armstrong litigation so that there are no discrepancies Page 14 of 17 City Commission Regular September 21, 2010 between our practices and our comprehensive plan. Mr. Shadrix said staff recommends the Commission approve per staff recommendations and direct staff to transmit the proposed amendment to the Department of Community Affairs (DCA) for review and comment. Mayor Pro Tem Johnson opened the Public Hearing. Mayor Pro Tem Johnson closed the Public Hearing b. Transmittal Public Hearing Commissioner Hood, seconded by Commissioner Wilsen, moved to adopt on first reading the ordinance approving a proposed large scale text amendment to the Ocoee Comprehensive Plan in order to (i) amend the definition of floodplains in order to allow an alternative basis for determining the location of 100 -year flood plains for the purposes of implementing the requirements of the Ocoee Comprehensive Plan, (ii) amend Obiective 3 of the Section IV of the Conservation Element in order to conform to the amended definition of floodplains, and (iii) amend the Public Participation Procedures Element regarding procedures for noticing and conducting public hearings on comprehensive plan amendments and (iv) direct staff to transmit the proposed amendment to the Department of Community Affairs (DCA) for review and comment. Motion carried 4 -0 with Mayor Vandergrift away from the dais. K. REGULAR AGENDA 20. Appointment to the Police Officer's and Firefighter's Retirement Trust Fund Board of Trustees. (City Clerk Eikenberry) Trustees for the Police Officer's and Firefighter's Retirement Trust Fund Board now serve four -year terms, as amended in Ordinance 2010 -018. The City Commission appoints two of the trustees from applications received, two are elected from the employee body (one police officer and one firefighter), and the fifth trustee is chosen by those four trustees and presented to the City Commission for certification of the appointment as a ministerial act. Trustee Robert Wayne Vaughn has indicated he is not interested in serving another term. Currently there are three applications on file. Mr. William Maxwell, Mr. Scott Blynder, and Mr. John Grogan have all indicated an interest in serving on this board. Mayor Pro Tem Johnson, seconded by Commissioner Keller, nominated William Maxwell as Trustee to the Police Officer's and Firefighter's Retirement Trust Fund Board of Trustees four a four year term. Motion carried 4 -0 with Mayor Vandergrift away from the dais. Page 15 of 17 City Commission Regular September 21, 2010 21. Approval of Community Grant Program — July 2010 Cycle. (Community Relations Manager Wright) The Community Grant Review Board met on August 12, 2010, to discuss the 11 applications received during the first cycle of the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant Program provides financial grants of up to $500 made to Ocoee non - profit organizations and civic groups outside City limits which benefit residents of Ocoee. The grants are awarded twice yearly to acknowledge excellence and further the contributions these local organizations bring to the Ocoee community. The Community Grant Review Board voted to award grants to 9 organizations. This Item Moved on the Agenda and heard before Public Comments. Community Relations Wright stated that the Board approved nine applications totaling $4,500. She Acknowledge Jim Sills, Keith Carrington and Linda Dunn of the Community Grant Review Board. Commissioner Wilsen, seconded by Commissioner Keller moved to approve the nine grant applications as recommended by staff and the Community Grant Review Board. Motion carried 4 -0 with Mayor Vandergrift away from the dais. 22. Financial Summary Report for Founder's Day Celebration. (Parks and Recreation Director Hayes) The 2010 Founder's Day Celebration will be held on November 5 and 6 of this year. Staff was directed by the City Commission at the August 31, 2010, Budget Hearing to provide a summary of the fmancial status fro the event. Staff has completed a summary report that includes prior year (2008 and 2009) deficits and the anticipated revenues and expenditures for the 2010 celebration, which projects a deficit of $60, 970.85 in the fund. In order to get the Founder's Day fund in balance as requested, the City Commission will need to consider a transfer of the projected deficit amount ($60,970.85) to come from the Contingency Fund ( #001 -516- 00 -4900) to the Founder's Day Fund (001 - 572 -00- 4004). Parks and Recreation Director Hayes summarized the Financial Summary Report. Mayor Prot Tem Johnson said he distributed a list showing all the sponsors they have obtained so far for this year's event. He added that they are still working on raising sponsorship funds. Commissioner Wilsen, seconded by Commissioner Keller moved to transfer $60,970 from the contingency fund to the Founders' Day fund to clear up prior year deficits. Motion carried 4 -0 with Mayor Vandergrift away from the dais. Commissioner Wilsen mentioned that there are still booths available in the marketplace. They have sold 29 booths so far. The food booths locations are completely filled at this time. They would like staff to place an ad in the West Orange Times announcing the available booths and the Founders' Day Events. There was discussion about the Founders' Day Golf Tournament. City Manager Frank stated the money was probably budgeted since this is done every year. Commissioner Hood, seconded by Commissioner Keller moved purchase a ticket for a foursome at the Founders Day Golf Tournament at a cost of $250 from the contingency fund. Motion carried 4 -1 with Commissioner Wilsen opposed. Page 16of17 City Commission Regular September 21, 2010 L. STAFF ACTION ITEMS none M. COMMENTS FROM COMMISSIONERS Commissioner Johnson — none Commissioner Hood requested support for the high school football, Knights against West Orange, also made mention of the times for the junior varsity and varsity start times. Baseball team is currently 3 - Commissioner Johnson and Mayor Vandergrift stated they are aware someone tried to get the band to perform at the Farmer's Market but due to time constraints the band is unable to satisfy this request. Commissioner Wilsen commended the HRDB for the great event — Fiesta de Colores on Saturday, September 18, 2010. She further reminded everyone of movie in the park this Saturday, September 25, 2010 at Bill Breeze Park. Commissioner Johnson inquired about spraying for insects but Mayor Vandergrift advised that individuals bring off due to when you spray for mosquito other friendly insects are also sprayed and die. Commissioner Keller requested the presence of Steve with a question regarding road work on Carriage Oak Court and the many potholes. Steve confirmed they are going to do some temporary patch work on the potholes; however with the new fiscal year they will go back and patch with more permanent patch work. Commissioner Keller asked if something more specific can be done for the cul -de -sac which seems to be in worse condition than the rest of the road. S. Krug advised that several years ago the cul -de -sac was resurfaced and an overlay on the rest of the road. The road is structurally good but it is not good to look at. S. Krug stated they are in the process of listing road work priorities and will see where this road lands in priority. Mayor Vandergrift commented on the football game and asked for support of the baseball team. He also commented on the great work and positive remarks for the Fiesta de Colores hosted by HRDB. ADJOURNMENT The meeting adjourned at 9:52 p.m. APPROVED: Attest: City of Ocoee -.' _ . _l'� . �-� i Eikei erry, City Clee S. Scott Vandergrift, Mayor Page 17 of 17