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HomeMy WebLinkAboutItem #01 Approval of Minutes 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 Project (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: Mayor 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 objection, 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 5of17 • 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. Daily 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 final 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 pm, or soon thereafter), (Principal Planner Ruiner) 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 Ruiner) 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 final 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 Ramer) 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 8 of 17 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) 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 ub c . Hearin Y g p Hearing. 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 Plan. 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 Attorne 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 th Joint Planning Area Amendment. (Advertised in the Orlando Sentinel Orange Extra and West Orange Times on Thursday, September 9, 2010). (Development Serv D Shadr 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 1 and (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 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 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 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 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 financial status fro Y g g g p Y 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 r - 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 -0. 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 h great work and team. He also commented on the bn positive remarks for the Fiesta de Colores p hosted by HRDB. ADJOURNMENT The meeting adjourned at 9:52 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 17 of 17 MINUTES OCOEE CITY COMMISSION October 5, 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 Hood. 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 Update on West Orange Airport Authority — William Maxwell. A report was distributed to the Commission from Airport Authority Board Member Maxwell. Proclamation — Be a Hero Month- Florida Blood Centers -read by Mayor Vandergrift. C. COMMENTS FROM CITIZENS /PUBLIC None D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced there were a couple of issues on the agenda. Item #7 Approval of Natural Gas Distribution Franchise Agreement needs to be a public hearing and would suggest that it be moved to after Item #16 under Public Hearings. There is also an Emergency Item brought forward as discussed at the final budget hearing; we can handle that now if the Mayor prefers. Mayor Vandergrift declared this item an emergency. Emergency Item - Approval To Expend Forfeiture Funds To Purchase A Child Friendly Radio Controlled Remote Voice Robotic Police Car. Commissioner Hood, seconded by Commissioner Johnson, moved to approve the emergency item to expend forfeiture funds to purchase a child friendly radio controlled remote voice robotic police car. Motion carried 5 -0. He further announced that on October 9, 2010, the Ocoee Police Department will be hosting a Woman's Self Defense Awareness Class from 9am -lpm at the Ocoee Police Department. Also on October 9 there will be a handgun safety class from 8am -12pm at Ocoee City Hall. City Commission Regular October 5, 2010 The Parks and Recreation department wants to invite everyone to attend this year's 3 Annual Hunted House Event on October 28 29` and 30 located at 951 Ocoee - Apopka Road. There will be games prizes, bounce house, hay rides, and other fun activities for the entire family. The cost is a $1 fee to entire the Haunted House and everyone is encouraged to bring non - perishable food items to be donated to the West Orange Christian Service Center. For more information you may contact the Parks Department at 407 - 905 -3180. Florida Fish and Wildlife Commission will be incorporating the monthly weed control treatment of Starke Lake and Lake Prima Vista in their funded program which means the City will not have to fund it any more in the future. This will be a significant savings to the City's budget. The Finance and Utilities Department is working on refunding the remaining portion of the 1997 Water and Sewer Bond Issue which will result in an interest savings of about $30,000 a year. This is expected to be done relatively quickly and will be on one of the upcoming agendas next month. Lastly, there were some emergency items and a lot of concerns on the sludge press in operations at the Utilities Plant. The new one is in operations and it is exceeding the performance of the old press which will lead to the approximately $60,000 reduction in our sludge disposal cost. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller -none Commissioner Johnson -none Commissioner Wilsen -1) tomorrow is Walk Your Kids to School Day, 7:30 am; the Ocoee Police Department will be supporting the event at Citrus Elementary and Spring Lake Elementary. Commissioner Hood -none Mayor Vandergrift — read a thank you letter from Nehrling Gardens for the $500 grant. F. CONSENT AGENDA Mayor Vandergrift, seconded by Commissioner Wilsen, moved to approve Consent Agenda Items #1 through #6 as presented by staff. Item Number #7 was moved to be heard under public comments. Motion carried 5 -0. 1. Approval of Minutes for Budget Workshop Meeting Held August 31, 2010, and Tentative Budget Public Hearing Minutes of September 15, 2010. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 - 0. 2. Appointments to the Human Relations Diversity Board. (City Clerk Eikenberry) On September 16, 2003, Resolution No. 2003 -21, was adopted creating the Human Relations and Diversity Board, requiring no less than seven (7) members and no more than fifteen (15). The Resolution was then amended by Resolution 2004 -11, which changed the quorum requirement to 50% plus 1. As of July 20, 2010, Resolution No. 2010 -010 amended the by -laws giving the commission the authority to appoint non -Ocoee Page 2 of 17 City Commission Regular October 5, 2010 residents as board members. Ode Mendoza and Aurelio Rodriguez have expressed an interest in serving on the Human Relations Diversity Board. Approved on Consent. Motion carried 5 -0. 3. Approval to Certify Appointment to the City of Ocoee General Employees' Pension Board. (City Clerk Eikenberry) Trustees of the Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund currently serve four -year terms. Two of the trustees are appointed by the City Commission, 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. During the Regular Session of the City of Ocoee General Employees' Pension Board, held on August 4, 2010, the Trustees choose to reappoint Wendy West as the Fifth Board Member for the term beginning October 1, 2010 and ending September 30, 2014. Approved on Consent. Motion carried 5 -0. 4. Approval to Award RFQ #1002R Residential Plumbing Services for Peach Lake Manor Water Line Replacement Project (Re -Bid). (Purchasing Agent Tolbert) The City has under construction the replacement of water lines in the Peach Lake Manor (Lady Avenue) subdivision with portions of the water lines being relocated from the rear yard property line to the rights -of -way in front of homes. New meters shall be installed in front of the affected homes. The City is seeking the services of qualified and licensed plumbing contractors to provide materials and labor to abandon in place the existing service, and tie -in the homes to the new meters. To accomplish the work, the City has advertised and received six qualifications from plumbing contractors which staff is seeking authorization from the City Commission to prequalify. It is anticipated that more than one hundred twenty (120) homes will require service relocation. Approved on Consent. Motion carried 5 -0. 5. Approval of City Joining into the Utilities Material/Meter Purchasing "Strategic Partnership Agreement — Agreement Between the City of Punta Gorda and HD Supply /Waterworks ". (Utilities, Director Smith) The City of Punta Gorda, Florida, working with other communities, formed a cooperative partnership for bidding and awarding contracts for services and goods; with one contract being for water and sewer materials. Materials include but are not limited to: fittings, valves, piping and hydrants. Sensus Metering Systems, the City's meter manufacturer, is also covered by the contract. The contract, N06177/UTILMAT0506, was awarded to HD Supply/Waterworks (HD Supply) in March 2007 for five (5) years with the ability to renew for an additional three (3) years. The Punta Gorda partnership, with HD Supply's consent, allows for other municipalities to join the partnership. Staff is recommending the City join the partnership associated with the utilities materials contract; and that Commission allows but does not require the City to procure materials from the HD Supply contract. Approved on Consent. Motion carried 5 -0. 6. Approval of Change Order No. 3 with Trimble & Son Construction Group, Inc. for the Construction of a New Basketball Court at Tiger Minor Park for an amount Not to Exceed $45,000. (CIP Manager Butler) The City is currently reconstructing tennis and basketball courts at several locations throughout the city under a contract that was awarded to the lowest responsible and responsive bidder, Trimble & Son Construction Group, Inc. As part of that project, the basketball court at Tiger Minor Park was demolished and overbuilt with a new tennis court complex. The basketball court is now proposed for reconstruction at a new location within the Tiger Minor Park property; i.e., at the intersection of Butterfly Creek Drive and Sleepy Harbour Drive. Funds for this addition to the current project were added to the Adopted FY 2011 Budget. Approved on Consent. Motion carried 5 -0. Page 3of17 City Commission Regular October 5, 2010 PUBLIC HEARINGS 7. Approval of Natural Gas Distribution Franchise Agreement. (Advertised in the Orlando Sentinel on Sunday, September 5, 2010, Friday, September 1Z 2010, Friday, September 24, 2010, and Sunday, October 3, 2010). (City Attorney Rosenthal) This item was moved and heard with Public Hearings. Public Hearings (Item #7 and Item #16) were heard before item #8. City Attorney Rosenthal explained that this is the third renewal of the ten -year franchise; the terms and conditions are essentially the same with the exception of a few minor changes the staff addressed. There is no change in the financial terms of the agreement Mayor Vandergrift asked if there is any reason we don't have a representative on their board. Mr. Jon Feazell with Lake Apopka Natural Gas District said they board is formed based on the percentage of gas butyrate volume of business. He said he would take the Mayor's concern back to the board and advise them we are interested in having a representative on the board. Commissioner Johnson asked about getting more natural gas in town. Discussion followed. Direction was given to staff to look at making natural gas available in more areas of the city. Mayor Vandergrift opened the Public Hearing. No one wished to speak; the Public Hearing was closed. Manor Vandergrift, seconded by Commissioner Johnson, moved to approve the Natural Gas Distribution Franchise Agreement for a period of ten years beginning September 3, 2010. Motion carried 5 -0. Item #16 was heard at this time. See details under item. G. FIRST READING OF ORDINANCES 8. Park Square. (Second Reading and Public Hearing is scheduled for October 19, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre) The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Upon annexation, the property will assume a Low Density Residential Land Use per the JPA Agreement and the City of Ocoee Comprehensive Plan. The applicant is requesting an initial City zoning classification of R -1AA "Single- Family Dwelling" for the subject parcel. Furthermore, the Applicant has expressed that the subject property would either develop as a residential subdivision or as an ACLF (Assisted Congregated Living Facility) both of which are permitted uses under the requested zoning classification and adopted comprehensive plan. It should also be noted that the owners of the western adjacent parcel are in the process of requesting annexation into the City's corporate limits. a. Annexation City Attorney Rosenthal read the title of the annexation ordinance. b. Rezoning City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift stated the second reading and Public Hearing will be heard on October 19, 2010, at 7:15 p.m. or soon thereafter. Page 4 of 17 City Commission Regular October 5, 2010 9. Ocoee Town Shops - Small Scale Comprehensive Plan Amendment Ordinance. (Second Reading and Public Hearing is scheduled for October 19, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre) On December 1, 2009, the City of Ocoee City Commission reviewed and approved a Small -Scale Comprehensive Plan Amendment for Ocoee Town Shoppes (the "Previous Amendment "). For your reference, a copy of the staff report for the Previous Amendment is attached hereto. At the time of approval of the Previous Amendment, the City was prohibited from adopting comprehensive plan amendments because it had not yet submitted its required Evaluation and Appraisal Report ( "EAR ") to the Florida Department of Community Affairs ( "DCA "). Accordingly, the Previous Amendment provided for a deferred adoption date related to the City's adoption of its EAR, its submission of the EAR to DCA and its receipt of an initial determination of sufficiency from DCA. On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of its EAR to DCA. Based on the Previous Amendment ordinance, the adoption date could be after the November 2nd election. If Amendment No. 4 passes, the effect on the comprehensive plan amendment is uncertain. Since comprehensive plan amendments may be adopted at such time as the EAR has been transmitted to DCA, City Staff recommends that the City Commission pass an ordinance amending the Previous Amendment in order to provide for an adoption date 10 days after passage of this ordinance. This will allow the Comprehensive Plan Amendment to be sent to the DCA prior to the November 2' election. City Attorney Rosenthal read the title of the Small Scale Comp Plan ordinance. Mayor Pro Tem Johnson stated the second reading and Public Hearing will be heard on October 19, 2010, at 7:15 p.m. or soon thereafter. 10. Shoppes at the Village — Small Scale Comprehensive Plan Amendment Ordinance. (Second Reading and Public Hearing is scheduled for October 19, 2010, Regular Commission Meeting at 7.•15 p.m. or soon thereafter). (Principal Planner Fabre) On December 15, 2009, the City of Ocoee City Commission reviewed and approved a Small -Scale Comprehensive Plan Amendment for Shoppes at the Village (the "Previous Amendment "). For your reference, a copy of the staff report for the Previous Amendment is attached hereto. At the time of approval of the Previous Amendment, the City was prohibited from adopting comprehensive plan amendments because it had not yet submitted its required Evaluation and Appraisal Report ( "EAR ") to the Florida Department of Community Affairs ( "DCA "). Accordingly, the Previous Amendment provided for a deferred adoption date related to the City's adoption of its EAR, its submission of the EAR to DCA and its receipt of an initial determination of sufficiency from DCA. On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of its EAR to DCA. Based on the Previous Amendment ordinance, the adoption date could be after the November 2nd election. If Amendment No. 4 passes, the effect on the comprehensive plan amendment is uncertain. Since comprehensive plan amendments may be adopted at such time as the EAR has been transmitted to DCA, City Staff recommends that the City Commission pass an ordinance amending the Previous Amendment in order to provide for an adoption date 10 days after passage of this ordinance. This will allow the Comprehensive Plan Amendment to be sent to the DCA prior to the November 2nd election. City Attorney Rosenthal read the title of the Small Scale Comp Plan ordinance. Mayor Pro Tem Johnson stated the second reading and Public Hearing will be heard on October 19, 2010, at 7:15 p.m. or soon thereafter. Item #17 was moved up on the agenda and heard before item #11. Page 5 of 17 City Commission Regular October 5, 2010 H. SECOND READING OF ORDINANCES- PUBLIC HEARINGS 11. West Property — Small Scale Comprehensive Plan Amendment Ordinance. (Advertised in the Orlando Sentinel on Thursday, September 23, 2010). (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 final 8.89 acres. City Attorney Rosenthal read the title of the Small Scale Comp Plan ordinance. Principal Planner Rumer explained the land use change. Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing was closed. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the Ordinance No. 2010 -032 approving the Small Scale Comprehensive Plan Amendment Ordinance for the West Property as recommended by staff. Motion carried 5 -0. The ordinance as adopted on second reading carries the following caption: ORDINANCE NO. 2010-032 CASE NO. SSPCA 2010 -004: East Crown Point (West) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91 -28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL" TO "LIGHT INDUSTRIAL" CERTAIN REAL PROPERTY CONTAINING 8.89 ACRES (MORE OR LESS) LOCATED NORTH OF AND ADJACENT TO PALM DRIVE AND WEST OF AND ADJACENT TO STATE ROAD 429, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Item #17 was moved up on the agenda and heard before item #11. 12. Eddie W. Turner (3750 Jane St). (Advertised in the Orlando Sentinel on Thursday, September 23 and 30, 2010). (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 Page 6 of 17 City Commission Regular October 5, 2010 City Attorney Rosenthal read the title of the ordinance. Principal Planner Rumer explained the annexation. He explained this is one of two properties that came before as a Health Central Annexation; this property had a separate owner and he agreed to the annexation and rezoning from Orange County A 1 to Ocoee R3. Commissioner Keller asked if this property was land locked. Mr. Rumor explained after this annexation and the next property it will open it up and not be landlocked. Mayor Vandergrift opened the Public Hearing. Closed. Commissioner Johnson, seconded by Commissioner Keller, moved to approve Annexation Ordinance No. 2010 -022 annexing the Turner property at 3750 Jane Street into the City of Ocoee per staff recommendation. Motion carried 5 -0. Mayor Vandergrift noted we made an ideal location to expand what we had there and to close down the trailer park and move those people so they won't be thrown out of their trailers; it could be bought out through grants. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2010-022 CASE NO. AX- 07- 10 -23: EDDIE W TURNER TRUST AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 19478 SQUARE FEET LOCATED SOUTH OF AND ADJACENT TO JANE STREET AND WEST OF ROWE AVENUE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. b. Rezoning City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. Closed. Commissioner Johnson, seconded by Commissioner Keller, moved to approve the rezoning Ordinance No. 2010 -023 changing the zoning classification from Orange County "A -1" Zoning, Citrus Rural District to Ocoee "R -3" Zoning, Multiple Family Dwelling District, for certain real property located at 3750 Jane Street, per staff recommendation. Motion carried 5 -0. Page 7 of 17 City Commission Regular October 5, 2010 The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2010-023 CASE NO. AX- 07- 10 -23: EDDIE W TURNER TRUST AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY "A -1" ZONING, CITRUS RURAL DISTRICT TO OCOEE "R -3" ZONING, MULTIPLE FAMILY DWELLING DISTRICT, FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO JANE STREET AND WEST OF ROWE AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE. 13. Health Central II (3723 Old Winter Garden Rd). (Advertised in the Orlando Sentinel on Thursday, September 23 and 30, 2010). (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 Ordinance 2010 -024. Mayor Vandergrift opened the Public Hearing. Closed. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve the Annexation Ordinance No. 2010 -024 approving the annexation of the property located at 3723 Old Winter Garden Road (Health Central II), per staff recommendation. Motion carried 5 -0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2010 -024 CASE NO. AX- 07- 10 -25: HEALTH CENTRAL AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3294 SQUARE FEET LOCATED NORTH OF AND ADJACENT TO OLD WINTER GARDEN ROAD AND WEST OF ROWE AVENUE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Page 8 of 17 City Commission Regular October 5, 2010 b. Rezoning City Attorney Rosenthal read the title of Ordinance 2010 -025. Mayor Vandergrift opened the Public Hearing. Closed. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve the Rezoning Ordinance No. 2010 -025 changing the zoning classification from Orange County "A -1" Zoning, Citrus Rural District to Ocoee "R -3" Zoning, Multiple Family Dwelling District of the property located at 3723 OId Winter Garden Road (Health Central II). Motion carried 5 -0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2010 -025 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY "A -1" ZONING, CITRUS RURAL DISTRICT TO OCOEE "R -3" ZONING, MULTIPLE FAMILY DWELLING DISTRICT, FOR CERTAIN REAL PROPERTY LOCATED NORTH OF AND ADJACENT TO OLD WINTER GARDEN ROAD AND WEST OF ROWE AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE. 14. Health Central III. (Advertised in the Orlando Sentinel on Thursday, September 23, 2010). (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. a. Rezoning Ordinance No. 2010 -026 City Attorney Rosenthal read the title of Ordinance 2010 -026. Principal Planner Rumor described that property being rezoned subsequent to the annexation. Mayor Vandergrift opened the Public Hearing. Closed. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve the Rezoning Ordinance No. 2010 -026 changing the zoning classification from Orange County "C -1" Zoning, Retail Commercial District to Ocoee "R -3" Zoning, Multiple Family Dwelling District of the property located on the north side of OId Winder Garden Road, west of Ohio Avenue and east of Arlington Avenue (Health Central III). Motion carried 5 -0.per staff recommendation. Motion carried 5 -0. Page 9 of 17 City Commission Regular October 5, 2010 The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2010 -026 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY "C -1" ZONING, RETAIL COMMERCIAL DISTRICT TO OCOEE "R -3" ZONING, MULTIPLE FAMILY DWELLING DISTRICT, FOR CERTAIN REAL PROPERTY LOCATED NORTH OF AND ADJACENT TO JANE STREET AND WEST OF AND ADJACENT TO OHIO AVENUE , PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE. b. Rezoning Ordinance No. 2010 -027 City Attorney Rosenthal read the title of Ordinance 2010 -027. Principal Planner Rumor showed the map and described the location of the property. Mayor Vandergrift opened the Public Hearing. Closed. Commissioner Johnson, seconded by Commissioner Hood, moved to approve the Rezoning Ordinance No. 2010 -027 changing the zoning classification from Orange County "R -2" Zoning, Residential District to Ocoee "R -3" Zoning, Multiple Family Dwelling District of the property located on the north side of Old Winder Garden Road, west of Ohio Avenue and east of Arlington Avenue (Health Central III). Motion carried 5 -0.per staff recommendation. Motion carried 5 -0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2010 -027 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY "R -2" ZONING, RESIDENTIAL DISTRICT TO OCOEE "R -3" ZONING, MULTIPLE FAMILY DWELLING DISTRICT, FOR CERTAIN REAL PROPERTY LOCATED NORTH OF AND ADJACENT TO OLD WINTER GARDEN ROAD AND WEST OF AND ADJACENT TO OHIO AVENUE , PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE. Page 10 of 17 City Commission Regular October 5, 2010 15. Deeper Life Assembly of God Church. (Advertised in the Orlando Sentinel Orange Extra on Thursday, September 9 and 16, 2010). Continued from the September 21, 2010, City Commission Meeting. (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. a. Annexation Ordinance No. 2010 -017 City Attorney Rosenthal read the title of Ordinance 2010 -017. Principal Planner Rumor explained the annexation of both parcels and the annexation agreement. He said there will be no rezoning at this time. Mr. Rumer said the 32 acres in the rear has existing single family residents and some out buildings that was annexed so as not to create an enclave by annexing only the 5.2 acre property south of there. The applicants have been in the annexation process since 2003. The applicants intend to hook up to city water available on AD Mims Road; sanitary sewer is not immediately available... They will be required to pay impact fees and to bring the site up to Ocoee Code standards with regard to the portables on the property as well as other issues. Exhibit B of the Annexation agreement discussed permitting those portables on a temporary basis Commissioner Hood questioned the time frame for bringing this up to code. Mr. Rumer advised they will have to submit a site plan within 60 days. City Attorney Rosenthal said the Annexation Agreement states that the portables have to have a Certificate of Occupancy within 180 days. Commissioner Wilsen asked when their plan is for the property on the north side of the railroad tracks. Mr. Rumor explained that there is not sufficient access to develop single family residential because they had attempted it in the past and not been approved. He added that there is current Code Enforcement action against them from Orange County, but they continued the case to see if the annexation passes. Commissioner Hood said they have gained another six months to take care of those problems. He expressed concerned that if they did not comply with Orange County codes why would they comply with ours. Commissioner Hood asked what the impact fees were. City Attorney Rosenthal said $18,690.51 for transportation impact fees and $7,284.20 for fire and police impact fees for what is already developed. If someone could have annexed into the city, but didn't, and developed in the county to avoid compliance with our regulations and paid impact fees to the county; our policy is that they are required to pay the impact fees that they would have paid so there is no incentive to develop in the county and then annex into the city. The agreement says the fire and police impact fees are supposed to be paid upon execution of the annexation agreement and the remainder will be made in annual payments of $3,738 for a period of four years. Mr. Rumer said in order to annex they will be receiving water and making capital payments for the connection of the water. Commissioner Johnson stated that we will not get any taxes developed as a church. Mayor Vandergrift opened the Public Hearing. Closed. Neil Wilsen, Engineer for Deeper Life, explained that they purchased the portables for $100 each, but paid $25,000 to have them transported. He said when they went through the permit process and found they would have to pay $35,000 in County impact fees and they can't provide could water. They would like to annex into Ocoee. He said there is now a Code Enforcement Page 11 of 17 City Commission Regular October 5, 2010 Action against them from the county because they held off on the permitting process there to annex into Ocoee and get the benefits of being in Ocoee and getting domestic water. Commissioner Wilsen expressed concern about what will be developed on the north side of the railroad tracks since it is close to residences. Commissioner Keller said if that is the case it is better to have it under our control then let the county put in whatever they want. He added another benefit is that we have control over trespassers that are now coming in from the side of the lake that is county. Commissioner Wilsen asked if there will be a walkway around the lake. Mr. Rumer stated all properties on the lake have a conservation easement so it will now create an area all the way around. He added that they walked the property and discussed all of the issued that need to be addressed. City Attorney Rosenthal said the City Commission has an adopted policy that says if they decline annexation of a property the applicants are now entitled to receive sewer and/or water service from the city without going through further annexation process. He stated if that occurred he is guessing they would not here from the church again. Mr. Wilsen confirmed that is correct. Further discussion occurred regard to corrections that need to be made on the property. Commissioner Keller, seconded by Commissioner Hood, moved to approve Annexation Ordinance No. 2010 -017 approving the annexation of certain real property containing 32.7 acres into the City of Ocoee per staff recommendations and subject to the execution of the annexation agreement and subject to the payment of all fees due from the property owner at the time of execution of the annexation agreement which must occur within 45 days from this date of approval. Motion carried 5 -0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2010-017 CASE NO. AX- 04- 07 -20: Deeper Life Assembly AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 32.7 ACRES LOCATED NORTH OF A D MIMS ROAD AND WEST OF PRAIRIE LAKE BOULEVARD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. b. Annexation Ordinance No. 2010 -018 Ordinance was incorrectly labeled No. 2010 -016 on the agenda item. City Attorney Rosenthal read the title of Ordinance 2010 -018. Mayor Vandergrift opened the Public Hearing. All Public Hearing comments from the prior hearing carry over. Public Hearing Closed. Page 12 of 17 City Commission Regular October 5, 2010 Commissioner Keller, seconded by Commissioner Hood, moved to approve the Rezoning Ordinance No. 2010 -018 approving the annexation of certain real property containing 5.3 acres into the City of Ocoee per staff recommendations and subject to the execution of the annexation agreement and subject to the payment of all fees due from the property owner at the time of execution of the annexation agreement which must occur within 45 days from this date of approval. Motion carried 5 -0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2010 -018 CASE NO. AX- 04- 07 -20: Deeper Life Assembly AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.3 ACRES LOCATED NORTH OF AND ADJACENT TO A D MIMS ROAD AND WEST OF PRAIRIE OAKS COURT PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. C. Annexation Agreement Commissioner Keller, seconded by Commissioner Hood, moved to approve the Annexation Agreement between the City of Ocoee and International Church of Foursquare (Deeper Life Assembly) per staff recommendations with authorization and execution thereof by the Mayor and City Clerk and subject to the applicant signing the annexation agreement and providing the city with all payments due at the time of execution which must occur within 45 days from this date of approval. Motion carried 5 -0. I. PUBLIC HEARINGS 16. City of Hope Church — Special Exception. (Advertised in the Orlando Sentinel on Thursday, September 23, 2010). (Principal Planner Fabre) The "Ocoee Plaza" Shopping Center contains a variety of business such as: Tropic Save Supermarket, Family Dollar, Los Primos Restaurant, Franco's Pizzeria, Money Pawn, Hair Salon and H &R Block. The subject unit spaces (storefronts) are vacant and adjacent to each other, and both are situated on the north side of the Shopping Center. The Applicant has proposed to convert these two spaces into one church space. The Future Land Use designation for this entire property is "Commercial" with a current zoning classification of "C -2" Community Commercial. Principal Planner Fabre summarized the special exception request. Page 13of17 City Commission Regular October 5, 2010 A lengthy discussion regarding the limitation of businesses that would be able to go into the same shopping center due to an ordinance requiring 500ft from the sale of alcoholic beverages. City Attorney Rosenthal stated that existing businesses are not affected, but any new business would be subject to that ordinance. Mr. Fabre stated that new businesses coming in would be exempt from that if their food sales exceed the alcohol sales. He stated the only business that could be affected would be a package store. City Attorney Rosenthal stated the Code can be modified at any time after this approval is done; the church would have the right to speak at the public hearing, but they would have to abide by the any new changes that occurred. Mayor Vandergrift opened the Public Hearing. Pastor David Young said he would like to move into this plaza; at this time there is no business with an interest in using that space according to the landlord. He stated he has no objection to any type of business that would move in next door, even a package store. Mayor Vandergrift discussed continuing the hearing. Commissioner Keller asked if we could do something to allow then to go in there and hear the public hearing later. After lengthy discussion the consensus was to approve the special exception for a specific period of time. The approval of the special exception does not restrict the commission's ability to amend the ordinance. If they wish to extend their lease, they would have to come back to get an amendment to the special exception. The existing ordinance would apply until revisions were made to the ordinance. Kenny Patterson, Design Solutions, Inc., stated that to go through permitting and build out they would not sign the lease for at least 45 days. After discussion the consensus was to approve the special exception for a period of time ending December 31, 2011. Mayor Vandergrift closed the Public Hearing. Mayor Vandergrift, seconded by Commissioner Hood, moved to approve the Special Exception per staff recommendations for a period of time expiring December 31, 2011. Motion carried 5 -0. City Attorney Rosenthal advised the applicants that if they plan to extend the lease passed December 31, 2010, they need to come and see the Planning Department six months prior to that to start the process to discuss the extension of the special exception. Assistant City Manager Shadrix stated that he will bring forward an amended ordinance based on the comments they have made this evening. He should it should not be a difficult task to change language with regard to the definition of full course meals and the seating requirements. There was discussion with regard to some smaller establishments in the city that would like to be allowed to sell alcohol and about having wine bars in the city as are popular in other areas. Mayor Vandergrift asked Pastor Young to talk to the Police Chief regarding the Chaplin's group they have to see if he is interested in participating. J. REGULAR AGENDA 17. Briefing and Update Regarding a New Chapter 45 of the Code of Ordinances of the City of ` Ocoee Relating to Trees on Private Residential Properties within the City. (Building Official Washington) (Discussion tabled at the meeting on August 17, 2010.) Page 14 of 17 City Commission Regular October 5, 2010 Trees can reduce the erosion of our top soil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air produce oxygen, provide habitat for wildlife, and increase property values, and improve the aesthetics of the community. Based on numerous comments from citizens to staff and to the City Commission, staff was directed to evaluate and bring forward a means of regulating trees on private residential properties. Staff has prepared a draft ordinance creating a new Chapter 45 of the Code of Ordinances of the City of Ocoee that creates a regulatory framework and policy for the control of planting, removal, maintenance, and protection of trees on private residential properties. Item #17 was moved up on the agenda and heard before item #11. Assistant City Manager Shadrix explained the amendments to the ordinance as presented by staff and said this is not the first reading; there is still room for amendments. He stated the ordinance needed to be amended to include single family residences. He said they attempted to create an ordinance that will create a beautiful place and not be too tough on the residents. Mayor Vandergrift clarified that residential properties will now require three trees per home, so residents may now cut down any number of trees as long as they maintain the minimum. Commissioner Wilsen clarified that they will still need to obtain a permit. Commissioner Hood clarified that they can cut down any trees, they will not be advised which trees to cut. R.P. Monacky, 1820 Prairie Lake Blvd., asked about removing a large tree from the front of his property. Mr. Shadrix explained under the proposed ordinance he would have to have a minimum of three trees on his property and there would be no requirement to replace it. Lengthy discussion ensued. Regarding tree types required, possibly adding a tiered system for minimum tree requirements based on the size of the lot, a process in the ordinance if the minimum requirement would create a hardship, consideration of septic system issues, etc. There was further discuss regarding size and type of trees required for replacement trees. Commissioner Wilsen said she feels trees are what make a neighborhood look good. She likes the way the ordinance is designed to allow exceptions with people who may have a hardship. Commissioner Keller said he feels it would be more equitable to require a certain amount of trees per square footage of property. He said small yards with septic systems would have a difficult time passing inspections if this new legislation passes for septic system installation and inspections. Elizabeth Osborne, 108 Miller Court, stated she agrees with Commissioner Keller on the lot size; however she would also like the commission to consider requiring that one of the minimum required trees goes in the front yard. Commissioner Hood said he is not opposed to the minimum tree requirement as long as we don't tell residents which trees they can or cannot cut down and where they have to be located. Commissioner Johnson agreed with Commissioner Hood and also felt a tiered system may work with regard to lot size. Commissioner Wilsen stated she does not think they should over - police by requiring front yard, or number of trees per sq footage of lot, etc. The ordinance has a built in exemption process if people feel the requirement would create a hardship... Mayor Vandergrift mentioned that you can't go by lot size without considering how much space the home takes up on the lot. City Attorney Rosenthal said the ordinance does not require any existing residents to do anything; there is an exception that says it does not apply to private premises that have received a certificate of occupancy prior to the date of adoption of this ordinance. It addresses removal; first, it requires a permit; second, it addresses replacement requirements. Page 15 of 17 City Commission Regular October 5, 2010 The main difference is that this ordinance allows anyone to remove a tree if they want to as long as they meet the minimum tree requirement. Prior to this, the tree had to be diseased or falling to be removed. Commissioner Wilsen, seconded by Commissioner Hood, moved to direct staff to come back with an ordinance for first reading that incorporates all of the items discussed tonight. Commissioner Keller stated he would still like to see a tier system in the ordinance based on lot because three trees may be too much for some lots in the city. Commissioner Wilsen noted that the ordinance as written allows for exceptions for people who have hardships. Mr. Shadrix stated another option could be that the replacement is 1;1 for those with less than the minimum, if you only have one or two trees and you cut one down, you would only have to put one back. They would not be required to bring it up to the minimum. Commissioner Keller also inquired if a new owner purchased the property would they still be grandfathered in or would they be required to bring the property up to the minimum number of trees. City Attorney Rosenthal said the only thing that will trigger this ordinance is a removal of an existing tree, not a change in property ownership. Commissioner Hood said he would like permit fees to be brought ht back also. g City Manager Frank clarified that the Commission wants all the proposed changes to be brought back as the first reading of the ordinance. Vote: After the discussion, motion carried 5 - 0. 18. Approval of Resolution Amending and Replacing Resolution No. 2007 -06; Providing a Fee Structure for the Ocoee Parks and Recreation Department for Participation in Recreation Programs, Classes, Activities, and Event Rental of City Facilities, Memberships, and Usage Fees. (Parks and Recreation Director Hayes) In April of this year the City Commission approved adjustments specific to the operations of the swimming pool. Since then, the Parks and Recreation Department has completed a comprehensive review of the remaining fees for parks, facilities, programs, and memberships and is recommending adjustments to many of the fees. All of the proposed fee adjustments have been identified in the attached Schedule A. Furthermore, the Parks and Recreation Advisory Board reviewed the proposed fee schedule and recommended the proposed fee schedule to the City Commission for consideration. City Attorney Rosenthal read the title of the resolution. Parks and Recreation Director Hayes reviewed the resolution and fee structure. Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt Resolution No. 2010 -014 approving the Fee Structure for the Ocoee Parks and Recreation Department as presented. Motion carried 5 -0. K. STAFF ACTION ITEMS -none L. COMMENTS FROM COMMISSIONERS Commissioner Keller — no announcements Page 16 of 17 City Commission Regular October 5, 2010 Commissioner Johnson — Orange County Commissioner Bill Segal's campaign signs are in the right -of -way; in one place a sign is blocking the view of Silver Star Road. Ocoee Fire Deputy Chief Butch Stanley stated that he will contact the candidate's campaign headquarters tomorrow about the matter. Commissioner Wilsen — Bingo at the Ison Center on Sunday — Commissioner Wilsen wanted to know how the event was going. Commissioner Hood reported that the center was crowded this past weekend. Commissioner Hood — asked about getting signs and barricades moved at the Farmer's Markets. The city manager said that the signs and barricades will be moved. Ocoee High School football team plays South Lake at South Lake this Friday. Ocoee High's team has suffered injuries. Mayor Vandergrift — told a joke. ADJOURNMENT The meeting adjourned at 9:30 a.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 17 of 17