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HomeMy WebLinkAbout09-06-11 MINUTES OCOEE CITY COMMISSION September 6, 2011, 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 Mayor Vandergrift. 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 — Emergency Preparedness Month — September 2011 Mayor Vandergrift read and presented the proclamation for Emergency Preparedness Month for September 2011 to Fire Chief McNeil and Police Chief Brown. Districting Commission Report Vice Chair Victoria Laney with the Districting Commission briefly explained why the Districting Commission was formed and said the board has had six meetings including a public hearing. The board took into consideration population data from the 2010 census as well as other factors such as future growth, race and ethnicity percentages, zoning, and foreclosures. Their intent was to work a plan that would be effect over a five year period until the next redistricting, as mandated by the city charter. She further explained that there are three neighborhoods primarily being affected by the boundary changes and thanked the Utilities Department for putting door hangers informing all those residents being affected by the change, to attend the public hearing. Ms. Laney said the public hearing was very peaceful and friendly and only the elected officials spoke at that meeting. She said the Districting Commission recommended revised board plan 5 after eliminating 4 other plans including an option that would have put Commissioner Johnson and Commissioner Wilsen in the same district. Ms. Laney briefly recognized each member of the board and said she is available for questions. The report was provided to the Commission in their agenda packets. Mayor Vandergrift said he was advised by the City Attorney that they could not accept this report tonight but would have to set a date in which an ordinance would be provided. City Attorney Rosenthal clarified that the charter provides that the City Commission has two months from receipt of the report within which to accept /reject the report or send it back to the Districting Commission for further action. He said if they accept the report than they would make a recommendation to direct staff to prepare the appropriate ordinance to implement which ever districting map the commission selects. The ordinance would then follow the normal processes with a public hearing in connection with the adoption. City Attorney Rosenthal explained that even though the Districting Commission has recommended a particular plan, if they wanted to select the other map, they would not need to send that back to the Districting Commission because the board recognized that they have forwarded two maps to the City Commission for consideration. Mayor Vandergrift inquired if there was anyone in the audience who would like to make a comment. Vice Chair Laney said before they open the floor for questions she briefly wanted to thank City Attorney Rosenthal, City Clerk Eikenberry, City Commission Regular September 6, 2011 Deputy City Clerk Sibbitt, and GIS Analyst O'Halloran for all their work; they were a pleasure to work with. Commissioner Johnson said they had a chance at the public hearing to make comments and one of the problems he has is that his district keeps getting stretched from one side of town to the other, making his district narrower. He would like to have a more compact district and feels that every time the Districting Commission meets they pick on him. Commissioner Johnson said he would like for the Districting Commission to take the plan back for further reviewing. Mayor Vandergrift inquired if most of the land to the north of the railroad track is vacant for him. Commissioner Johnson said that is the area where the Districting Commission projected there would be growth and he believes they may have even counted Crown Point Woods which is in the county. He further explained that they all serve the same people and they all try to work for all the citizens but it just seems their districts keep getting skewed. He would like for the districts to be squared off so that it creates a small village or community. Commissioner Wilsen inquired if the commission at one time spoke about a fifth district because that may help square off the districts. Commissioner Johnson said he was in favor of the fifth district but no one else was. He further said if they also look at the numbers for the two board plans being presented; the numbers are not right. Commissioner Wilsen explained that she had the understanding that one plan is for the projected growth and the other plan is for the current population. Vice Chair Laney said that is correct. The board chose to go with the projected growth which is why the recommended revised board plan 5. She further added that even though the figures are off right now, both plans are in compliance. Ms. Laney explained that GIS Analyst O'Halloran was very good in making sure they did not count anyone that was in the county and that they only counted Ocoee residents. Commissioner Johnson said that the night of the meeting Mr. O'Halloran mentioned Demastus Drive which is not in the city. He said there is also the assisted living on the north side of Clarke Road which was not included in the projected growth. Commissioner Johnson said that they all know that the projected growth is not going to happen any time soon. Commissioner Wilsen inquired from Ms. Laney if the board had considered squaring off the districts during any of their meetings. Vice Chair Laney said that it was during the effort of squaring the districts that a member suggested they put Commissioner Johnson and Commissioner Wilsen in the same districts because that would square it out perfectly. Commissioner Johnson advised that it could be squared off by going down the middle where their boundaries are currently at. Vice Chair Laney explained that the issue with that theory is that they have to be equal in population. Commissioner Johnson said his opinion is that the numbers are way off. He further added that some residents that live on Lakewood did not want to change districts and it would be good to survey residents. Vice Chair Laney said that door hangers were placed on those residents being affected, encouraging them to attend the public hearing to speak. Commissioner Keller inquired from the City Attorney if they have to come back with a recommendation as to which plan they want to go forward with. He knows they can accept either plan but was wondering if they have two months if they are going to stay with the presidential primary. City Attorney Rosenthal said that some of the timing has been moved by trying to see if this process could be accomplished in time for the presidential primary which is on a date that nobody know. The other challenge is that the charter also provides that you cannot change the districts four months prior to the municipal election which is also a moving target since they do not know when that will take place. He explained that staff was trying to at least get this report presented to them so that if they wanted the new districts in place for the 2012 municipal election then they could move forward. There is nothing wrong if they have the 2012 elections with the district as they are now because those districts are -- — — Page 2 — City Commission Regular September 6, 2011 in compliance with the 2010 census. City Attorney Rosenthal said would definitely need to have the new districts in place by the 2013 election. He briefly explained that once they adopt the new districts it will not affect their ability to serve that district even if they are no longer residents of that district. Of course, if they are no longer residents of their district they would not be able to run for re- election. Mayor Vandergrift said before they move forward he would like to get consensus of the Commission on whether they need the Districting Commission to meet again. He said they have the plans presented to them tonight, which the Districting Commission worked very hard on, as well as Commissioner Johnson's suggestion. Commissioner Keller said his first preference would be Commissioner Johnson's idea about squaring the districts out. His second choice would be to go with revised board plan 6. He briefly explained that at the last Districting Commission he had residents taken from his district and put into District 2 because it was showing no growth pattern, only to than have Rose Hill annexed in, thus creating one of the largest growths during that time. Commissioner Keller said the expected growth that he was supposed to have in his district never happened which is why he would rather see the numbers close in deviations, like revised board plan 6. Commissioner Johnson said he would also go with revised board plan 6 but after hearing the attorney advise them that they do not have to have this done right away he feels this will give them the opportunity to really look at the boundaries and work it out to square them off all over town. Commissioner Wilsen said she supports the Districting Commissions recommendation of revised board 5. Commissioner Hood said he does not have a problem with board plan 5 or 6 but he would like to get with GIS Analyst O'Halloran to look at other options. Commissioner Johnson commented that he has been asked by many people down on Bluford Avenue as to why they are not in his district. Commissioner Wilsen said that her area goes around the lake and it does not matter to her because they represent all 35,000 people in the city and she is agreeable to do whatever is majority. Mayor Vandergrift said he would like to commend the Districting Commission and the staff for the support they have given to the board. He further said that he is sure they can mediate something out of this but it will require some more meetings from the board so he will ask the City Manager to make every effort with staff and the Commissioners to sit down and work something out. He said he runs citywide so the districting does not make a difference to him. Vice Chair Laney commented that she liked Commissioner Hood's comment about meeting with GIS Analyst O'Halloran because that would allow him to do what the board did in moving boundaries and seeing the numbers change. She encourages all the Commissioners to also set a meeting with Mr. O'Halloran so they can have a new appreciation of board plans 5 & 6. City Attorney Rosenthal is inquiring if the Commission is suggesting the Districting Commission to meet again. Mayor Vandergrift answered affirmatively. City Attorney Rosenthal advised the commission that they would need to refer the report back to the Districting Commission for further study and consideration. Commissioner Keller, seconded by Commissioner Johnson, moved to refer the report back to the Districting Commission for further study and consideration. Motion carried 5 -0. — — — — — Page 3 City Commission Regular September 6, 2011 Presentation Regarding "All In Campaign" Sara Isaac, Representative from All Into Health, gave a PowerPoint presentation regarding the "All In Campaign" and creating tobacco -free policies. Mayor Vandergrift inquired if their intent is for the Commission to pass a resolution supporting what was just presented. Ms. Isaac said her intent was to educate them on the issues and trust that the Commission has the wisdom to move forward in a way that is best for the city. Commissioner Hood commented that they do have an ordinance that has banned smoking at youth events at the ballparks. City Manager Frank said that they do have ordinances for the various parks that there is no smoking allowed where there are youth activities going on. They do not have an all -out ban on no smoking in the recreational facilities. Commissioner Hood said he thought about banning smoking from all recreational facilities but it was a little extreme. His main concern at the time was getting the second -hand smoke away from the children and if they would like to go a step further that is something they can discuss. Commissioner Wilsen said rather than voting tonight she would like for them to review the ordinance that is currently in place. Commissioner Hood inquired if staff could e -mail the ordinance to them ahead of time. C. COMMENTS FROM CITIZENS/PUBLIC Teresa Lemons, President of Woman's Club, said they are super excited about the Patriot's Day event that is kicking off on Friday. She briefly spoke about the Little Patriot's Pageant and also extended an invitation to the Commissioners, Mayor, and City Manager about being in the parade on Saturday. She announced Shriner's will be there along with the local fire and police departments. The event will also be hosting a motorcycle show, poker run, petting zoo, craft vendors, and much more. They hope the citizens will come out to celebrate the Veteran's and remember 9/11. Ms. Lemons said the other reason she is before the Commission is because they had previously talked about the building concerns. She gave a brief update on the Woman's Club construction repairs and said at one time they spoke with the Commission about helping them with their grant and some money may have been set aside. With that being said, they want to come back and address this issue with the Commission and advise that some of their fundraising efforts and money went toward other necessities but they still need additional funds for the roof repair. Commissioner Hood said he had mentioned at the first budget meeting that they put aside $10,000 for the Woman's Club but then it was mentioned they had the money in this year's contingency fund. Commissioner Hood, seconded by Mayor Vandergrift, moved to give The Woman's Club $10,000 for roof repairs out of the Contingency Fund. Commissioner Wilsen inquired if the $10,000 was coming out of the $15,000 they budgeted for the Woman's Club. Commissioner Hood said he thought there was concern about the balance they had in contingency this year. He further inquired for the balance information. City Manager Frank said the balance in contingency is $38,000 including the $15,000 they allocated before for the Woman's Club. Commissioner Hood said he would like to change his motion and give the Woman's Club what they had originally agreed to in the beginning. Commissioner Wilsen reminded him that the $15,000 was if they matched the grant. — — — — - - -- Page 4 -- City Commission Regular September 6, 2011 After discussion motion was withdrawn. Commissioner Hood, seconded by Commissioner Keller, moved to give The Woman's Club $15,000 for roof repairs out of the Contingency Fund. Motion carried 4 -0 with Commissioner Johnson away from the dais. Ms. Lemons advised that she would get back with the Commission and let them know which way they will decide to go with the construction of the roof in getting the best long term repair. Mayor Vandergrift asked CIP Manager Butler to be of assistance to the Woman's Club, if possible. Commissioner Johnson apologized because he will not be able to attend Saturday and further inquired if the Woman's Club was connected to the event because he read an e -mail stating they were not. Ms. Lemons said they are providing support and man power to the Lions Club because it has turned into a very nice event and she feels the city will be proud. Commissioner Hood inquired if there will be city trucks provided for the Commissioners for the parade. City Manager Frank said he has not heard of that request yet but they can certainly check on it. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1) There is a substitute back -up for agenda item #8. The surety escrow agreement has been revised. 2) The Ocoee Community Redevelopment Agency (CRA) Annual Budget will need to be reviewed by the CRA Board and approved by Resolution prior to September 30th. Staff is suggesting the date of Wednesday, September 28th at 6:00 p.m. in the City Hall Commission Chamber for this meeting. If the Mayor and City Commissioners are in agreement, they will post the required notices and notify the two other CRA Board members. Commissioner Hood inquired if they could do it before the next Commission meeting at 6 pm. City Manager Frank said the only problem with doing it that early is that they have to close the book and get invoices out towards the end of the month and have everything built for all the work this year. Commissioner Hood inquired if they could do it before the first Commission meeting in October at 6 pm. It was commented that they have had the meeting in October before and no one has come after them. Mayor Vandergrift said without objection the CRA Board will meet on October 4th at 6:00 p.m. 3) Handgun Safety Class - Saturday September 10, 2011, from 8:00a.m. until 1:OOp.m. The class is held at the Ocoee Police Department. 4) Ocoee Football Fundraiser event at Ocoee High School, Friday September 23, 2011, from 5:00p.m.until 7:30p.m. The City of Ocoee Police Department will participate at this year's event. The police department will be fingerprinting children and passing out child identification kits. The police departments' robot will also be attending the event and interacting with the children. If interested please contact Officer Teddy Levin at 407 -905- 3160 ext. 3024. — - -- — — Page 5 -- — — — — City Commission Regular September 6, 2011 5) The City's popular Movie in the Park series is now being held on Fridays immediately following the Ocoee Farmers' Market in Bill Breeze Park. The next movie is "Gnomeo and Juliet" and will be held on Friday, September 9th. The film will start at 8:30 p.m., and the lawn area opens at 7:30 p.m. Admission is free. 6) The Fire Department has put transport capable Rescue 25 in service running out of Fire Station 25 on Bluford. Rescue 25 has full ALS capabilities and will serve as a back -up for the transportation of patients when their condition dictates it prior to the arrival of Rural Metro Ambulance. The second transport capable unit, Rescue 125, has been placed into reserve status. It will be used to replace Rescue 25 when it is out of service for maintenance or repairs. Also, Rescue 125, along with the Fire Department's new EMS ATV, will be staffed and utilized for EMS standbys at Ocoee High School football games. 7) Announced he needed to notify the City Commission of the emergency replacement of two MEPS transfer pumps ( #1 & #4) due to the pumps' age and excessive debris buildup. The pump replacements cost $18,907.00 each which is greater than $25K. The replaced pumps were original and placed in service in 1994. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood — None Commissioner Johnson- None Commissioner Wilsen — None Commissioner Keller- None Mayor Vandergrift — announced Bordeaux Condominium Association presented a plaque to him and the City of Ocoee in appreciation for their outstanding service and generous donations above and beyond the call of duty. F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Johnson, moved to approve the Consent Agenda Items #1 through #12. Motion carried 5 -0. 1. Approval of Minutes for the Regular Commission Meeting Held August 16, 2011, and Budget Workshop Minutes of August 8, 2011, and August 17, 2011. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. - — -- Page 6 City Commission Regular September 6, 2011 2. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve two -year terms. Currently, the Human Relations Diversity Board has seven (7) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Mr. Michael Snytkin with an interest in serving on the board. Approved on Consent. Motion carried 5 -0. 3. Approval of Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices - Russell Drive. (Public Works Director Krug) This agreement provides for funding from the Federal Highway Administration to the FDOT to install new railroad grade crossing signals on Russell Drive at the Florida Central Railroad crossing. The purpose of this agreement is to allocate the Federal funds to upgrade existing grade crossing signals, which are over 30 years old, to meet current requirements. Approved on Consent. Motion carried 5 -0. 4. Approval of Reallocation of Remaining FY2011 Fire Department Rescue Truck Project Funds to FY2012 for the Purpose of Combining it with Grant Funds Received from the Florida Department of Health for the Purpose of an EMSTARS Compliant Field Data System. (Fire Chief McNeil) On February 15, 2011, the City Commission approved the Fire Department a budget amendment to utilize $197,500 from the sale of three surplus trucks for the purchase and equipping of two used transport capable rescue trucks. The two trucks have been completed and the total project cost came to $140,367.16, leaving a balance of $57,132.84 in the project. The Fire Department would like to combine that remaining balance with grant funds in the amount of $40,462 that have been received from the Florida Department of Health for the purchase of an EMSTARS compliant field data system. An RFP will need to be completed for that purchase, thus creating the need to also carry these funds over to FY2012. Approved on Consent. Motion carried 5 -0. 5. Approval of Traffic Enforcement Agreements for Bordeaux Condominiums, Brookstone Property Owners Association Inc., Cross Creek Homeowners Association, Inc., Forest Brooke Homeowners Association, Meadow Ridge Homeowners Association, Inc., McCormick Woods Homeowners Association, Inc., Prairie Lake Reserve, Westyn Bay Community Association, Inc., and Windsor Landing Homeowners Association, Inc. (Police Chief Brown) A traffic enforcement agreement is required by Florida State Statutes 316.006(2) in order for the City of Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivisions. The above named communities are requesting such an agreement. Any previous agreements are either expired or in need of revision. Foley and Lardner revised the agreements. Approved on Consent. Motion carried 5 -0. - — - — — — Page 7 City Commission Regular September 6, 2011 6. Approval of Change Order No. 2 with Atlantic Civil Construction'' Corp. in the amount of $6,515.89, and to Increase the Project Budget by $9,850 using Funds from the City's Contingency Account. (CIP Manager Butler) The City and its contractor, Atlantic Civil Constructors Corp., have completed the work to improve access around and through the City Hall campus by reconstructing driveways to meet current safety specifications, adding sidewalks, reconstructing minor structures, and upgrading stairways to meet current building code requirements. In addition to recognizing slight differences between the forecast and actual quantities for several items, the change order describes one significant scope change, which was to delete a pervious paver parking area and to instead make it a grassed parking area. The savings realized through this change allowed us to mill and resurface the Withers - Maguire House parking lot and the driveway from that lot to Oakland Avenue. Savings of $897.06 from an earlier change order allow us to reduce the need for new budget to $5,618.83. The net result is a slight increase of 1.5% of the contract amount. Additional funds in the amount of $4,231.17 are requested to repair the original irrigation system and to complete the landscaping portion of the project. This work includes plantings around the new grape arbor wedding patio, the raised brick planters on Lakeshore Drive, and the new City Hall signs. Funds would be used to procure plants, irrigation materials, and other supplies. Labor would be supplied by the Parks & Recreation Department staff. Approved on Consent. Motion carried 5 -0. 7. Approval of Change Order No. 1 with Sherron Building Services, Inc. for the amount of $28,806.88, which wi ll be Financed b y:" Remaining Funds Provided by a Federal Homeland Security Grant for the Police Headquarters Building Security Project, and to Authorize. Staff to Fully Utilize Available Grant Funds for Project Enhancements. (CIP Butler) The City solicited bids for construction of a new black orn amental iron security fence and other related improvements for work at the Ocoee City Police Headquarters Building funded by a federal homeland security grant provided through the Florida Department of Law Enforcement (FDLE). During the project design process, a portion of the fence was specified to be 8- foot -high black vinyl chain -link construction in order to ensure that prices came in within budget. Once the project was awarded to the low bidder, Sherron Building Services, Inc., it became apparent that ornamental iron fencing could be used throughout the project. Remaining grant funds of about $35,000 are more than sufficient to cover the increase in cost of $28,806.88. In addition to proposing to use ornamental iron fencing exclusively for the project, staff worked with the contractor to identify possible project savings, such as to reshape a portion of the parking lot to avoid installing a new stormwater catch basin. Staff also identified the need for the electronic control portion of the project, being performed by Qualified Systems Contracting, to be enhanced through the installation of Knox Boxes so as to provide secure access during periods when electric power may not be available to operate gates and doors. This change would require modification of a purchase order. Approved on Consent. Motion carried 5 -0. Page 8 -- — City Commission Regular September 6, 2011 8. Approval of the. Performance Surety Escrow Agreement between Village at Wesmere Partners, L.L.L.P., Wesmere Townhomes Association, Inc„ K. Hovnanian Cambridge Homes, L.L.0 and the City of Ocoee for the Villages of Wesmere Phase 1. (City Wheeler) The Villages of Wesmere was a 366 unit residential townhome subdivision located east of Maguire Road and north of the Cross Creek subdivision. The original developer completed the infrastructure for phase 1 of the development and provided the City with two Letters of Credit as the surety for the two year warranty period. The development was going into foreclosure and in the process of being purchased by a second developer at the time the two -year warranty period was expiring. The bank chose not to extend the term of the LOCs, so the City called upon those LOCs. During the past year and a half some drainage issues have been discovered in the developed portion of the subdivision. One of the drainage problems has been repaired. The second drainage problem between the existing townhomes has been designed and permitted and is awaiting the execution of the attached Performance Surety Escrow Agreement, which provides funding for the repairs. The Performance Surety Escrow Agreement allows for the return of a large portion of the money secured by the City when it called upon the Letters of Credit to Villages at Wesmere Partners, L.L.L.P., the retention of enough money plus contingency to cover the second drainage repair and payment of outstanding invoices on this matter, and establishes which party will handle the outstanding obligations before final release of the original two -year warranty. Approved on Consent. Motion carried 5 -0. 9. Approval of Two -Year Warranty Surety and Maintenance, Mater and Workmanship Escrow Agreement with Galvin and Company for McCormick Woods Phase 3. (City Engineer Wheeler)' McCormick Woods is a 212 lot single family residential subdivision located on McCormick Road and Ingram Road. The developer has completed construction of the phase 3 infrastructure improvements and has request a Certificate of Completion. The infrastructure improvements include the water, sanitary sewer, and reuse utilities, the streets and stormwater collection system, and the perimeter fence. As a requirement of the Land Development Code, the developer is required to furnish the City a surety to cover any possible damages discovered during the next two years, should the developer not choose to make those repairs. Galvin and Company has provided the City with a check in the amount of 10% of the constructed improvements. The attached Maintenance, Materials, and Workmanship Escrow Agreement (Form 8 from the Land Development Code) acts as the executable document between the developer and the City in the event that the surety is monetary. Approved on Consent. Motion carried 5 -0. 10. Approval of Award of Bid #B11 -05 Blackwood Avenue Lighting Project to Traffic Control Products of Florida Inc., in the amount of $81,138.27. (Purchasing Agent Tolbert) In conformance with the policies and procedures of the City of Ocoee (City) solicited bids from qualified contractors to construct the Blackwood Avenue Lighting. All work for the project shall be designed and constructed in accordance with the drawings and specifications prepared by Pegasus Engineering. Bids include all items necessary to furnish, deliver, and install all materials, equipment, incidentals, and services, including all labor. The project consists of the construction of a lighting system along this roadway from Old Winter Garden Road to State Road 50 (approximately 0.25 miles) including 18 light poles which will be furnished by the City through a direct purchase, a load center, and the associated conduit, pull boxes, and conductors. The project also includes connecting power service to two existing irrigation controllers and a decorative lighted sign. Approved on Consent. Motion carried 5 -0. 11. Approval of Arden Park North & South Request for a One (1) Year Time Extension of the Approved Preliminary & Final Subdivision Plans. (City Planner Ruiner) - - - - - Page 9 - - City Commission Regular September 6, 2011 The Developer, Beazer Homes is requesting an extension to the March 1, 2012, expiration date in order to accommodate a purchaser who has the property under contract for sale. The contracted purchaser, Standard Pacific Homes, has met with City staff and presented a plan to initially develop Arden Park South. By providing the requested extension to March 1, 2013, Standard Pacific Homes finds sufficient time to finish their due diligence, close on the property, and position themselves to begin developing Arden Park South and submitting Final Subdivision plans for Arden Park North. Approved on Consent. Motion carried 5 -0. 12. Approval for Special Event Permit - Request for Monthly Food Truck Fest. (Building Official Washington) In order to temporarily close a public street, the approval of the Honorable Mayor and City Commission is required. Ocoee Parks & Recreation Department has made application to the City for a Special Events Permit for a food truck fest sale of specialized and gourmet food in conjunction with the Farmers Market, which would require the temporary closing of a City owned street. It would also require the use of Bill Breeze Park and Community Center Parking Lot. The set up will be held at 4:00 PM. The event will be held on the fourth Friday of every month from 6:00 — 9:00 PM. The street to be closed is a portion of N. Lakeshore Drive. Approved on Consent. Motion carried 5 -0. G. FIRST READING OF ORDINANCES 13. Amending of City of Ocoee Ordinances to Comply with Florida Statute 790.33(1) Regarding Firearms. (Second Reading and Public Hearing is scheduled for September 20, 2011, Regular Commission Meeting at 7:15 p. M. or soon thereafter). (Polite Chief Brown) a. First Reading of Ordinance Amending Chapter 61, Cemeteries In order to be in compliance with Section 790.33(1), Florida Statutes; Subsection 61 -10.F of Chapter 61 of the Code of Ordinances of the City of Ocoee, Florida, is hereby repealed, rescinded and deleted, said deleted subsection currently reading as follows: "No person may discharge a firearm in or adjacent to the cemetery. This prohibition shall not apply to authorized volleys at military or paramilitary burial services." A resolution will be forthcoming at the second reading of this ordinance declaring that any portions of any City ordinances, rules and regulations, procedures, and/or policies in conflict with this statute are rescinded. City Attorney Rosenthal read the title of Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on September 20, 2011, at 7:15 p.m. or soon thereafter. b. First Reading of Ordinance Amending Chapter 73, States of Emergency. In order to be in compliance with Section 790.33(1), Florida Statutes; Subsection 73 -4.A of Chapter 73 of the Code of Ordinances of the City of Ocoee, Florida, entitled "Automatic prohibition upon display and sale of weapons" is hereby repealed, rescinded and deleted in its entirety. A resolution will be forthcoming at the second reading of this ordinance declaring that any portions of any City ordinances, rules and regulations, procedures, and/or policies in conflict with this statute are rescinded. City Attorney Rosenthal read the title of Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on September 20, 2011, at 7:15 p.m. or soon thereafter. Page 10 City Commission Regular September 6, 2011 H. PUBLIC HEARINGS 14. Bower Variance (3161 Jamber Drive) — Variance to Front Yard Setback for Fence. (Advertised in the West Orange Times on Thursday, August 25, 2011). (City Planner Rumer) The applicant, Eric Bower, is requesting a side street setback variance from 25 feet to 23 feet for a privacy fence which is currently in the permitting process. A building permit for a 6' high PVC privacy fence meeting the required 25 foot side street setback was issued on June 2, 2011. The fence contractor erroneously installed the fence at a 23 foot setback. After the fence installation, the applicant had irrigation installed along the fence before the inspection occurred. In order to move the fence the two feet to meet the setback requirement, the irrigation would have to be removed and reinstalled at a cost to the applicant. The Board of Adjustment met on August 18, 2011, and voted 4 -0 to recommend the City Commission grant approval of the requested variances. City Planner Rumer said this is a variance request for a corner lot for a side street setback variance from 25 feet to 23 feet for an existing PVC privacy fence which is currently in the permitting process. The fence contractor did not measure correctly and erroneously installed the fence at a 23 feet. After the fence installation, the applicant had irrigation installed along the fence before the inspection occurred. In order to move the fence the two feet to meet the setback requirement, the irrigation would have to be removed and reinstalled at a cost to the applicant. The applicant has decided to apply for a variance. Staff does not support the variance request because it does not meet the five criteria. Mayor Vandergrift opened the public hearing. Lance Bower, son of the applicant, explained that his father is applying for a variance to save $1200 in cost of moving the fence and relocation irrigation. Mayor Vandergrift closed the public hearing. Commissioner Hood, seconded by Commissioner Wilsen, moved to approve the variance for a side street setback from 25 feet to 23 feet for a privacy fence as requested by the applicant. Motion carried 5 -0. 15. King Variance (559 Bridge Creek Blvd.) - Variance to Front Yard Setback for Fence and to Extend More than Vz the Depth of the °House. (Advertised in the West Orange Times on Thursday, August 25, 2011). (City Planner Ruiner) The applicant, Michael King, is requesting a side street setback variance from 15 feet to 9 feet for a White PVC fence, as well as, approval to extend beyond the permitted 50% from the rear of the structure to place an A/C unit inside the fence for security purposes. The applicant has HOA approval. The house is located on a corner lot in the Cross Creek Community. The Board of Adjustment met on August 18, 2011, and voted 3 -1 to recommend the City Commission grant approval of the requested variances. City Planner Rumer said this is a variance request for a proposed fence. The applicant is proposing a side street setback variance from 15 feet to 9 feet for a White PVC fence, as well as, approval to extend beyond the permitted 50% from the rear of the structure to place an A/C unit inside the fence for security purposes. Commissioner Johnson inquired as to where the fence is being placed and as to how the visibility would be affected. Mr. Rumer displayed an overhead Pa -- — 11 City Commission Regular September 6, 2011 photo of the property to show where the fence would be placed and that it would not affect traffic. The applicant has HOA approval. Mayor Vandergrift opened the public hearing. Michael and Wendy King said they asked for this variance said they are asking for a variance because they only have 21 feet on the side lot and to follow the 15 foot variance would only allow for 6 feet inside the fence. They chose 9 feet for the variance because that will make their fence line up with the neighbors. City Planner Rumer said the Board of Adjustment recommended approval of both variances. Mayor Vandergrift closed the public hearing. Commissioner Johnson, seconded by Commissioner Keller, moved to approve two variances as requested by the applicant 1) a side street setback variance from 15 feet to 9 feet for a White PVC fence, 2) to extend the fence beyond the permitted 50% from the rear of the structure to place an A/C unit inside the fenced area for security purposes requests. Motion carried 5 -0. 16. Ocoee Town Center - Preliminary. Subdivision Plan. (Advertised in the Orlando Sentinel on Thursday, August 25, 2011). (Principal Planner Fabre) The Ocoee Town Center is located on the northeast corner of Bluford Avenue and W. Colonial Drive (SR 50) adjoining Lake Bennet. The subject property is approximately 36.08 acres in size of which 12.87 acres are submerged and 1.69 acres are designated as conservation/wetlands. The site is undeveloped and covered with a mixture of pine trees, large oak trees and other varieties of trees scattered around the property. The subject property is currently zoned "Community Commercial" (C -2). The Future Land Use designation for the subject site is "Commercial" with "Conservation/Floodplains" along Lake Bennet. Senior Planner Fabre gave a brief presentation of the subject property explaining that in is the NE corner of colonial and Bluford and that a large portion of the property is wetlands. He described an aerial photo and showed Blackwood Avenue and Maine Street are projected to be realigned.to be consistent with the CRA development plan, Target Area #2. He showed pictures described the layout, the area that would go back to the developer, trees that would be saved, recreational tract that will be in tract G consistent with the CRA plan, signage, design standards of the developer, etc. There are three phases. City Attorney Rosenthal stated that the phases can go in any order, not necessarily sequential order. DRC and P &Z have given approval for this project and noted some concerns in there reports. Scott Glass, Law Firm of Shutts and Bowen, briefly spoke about the project and said the developer has gone to great lengths to encourage saving additional trees more so than what it appears in the picture. He said adopted in the conditions of approval in the PSP there are guidelines for saving trees on individual lots. The proposed plan has been a long time coming. They are working with the CRA goals in creating grid -like street area, provides the ultimate connection through from Maguire and Bluford through to Blackwood, utilization of the NW shore of Lake Bennett as a total amenity with a walking path around the lake. Showed photos that he felt developed a sense of place at the eastern gateway into the city of Ocoee. He described signage. He said at the P &Z meeting there was one concern regarding the convenient store /gas station, but added that this will be an upscale Race Trac gas station with outdoor seating and a soft serve ice cream store inside, etc. Commissioner Johnson inquired if the gas pump area could have tile roof?? Mr. Glass said that was the standard canopy for Race Trac, he Page City Commission Regular September 6, 2011 showed a photo of Murphy Gas at Good Homes Road showing how the trees will mature and obscure the vision of the gas station canopy. Commissioner Johnson said that will be a long time before the trees hide the gas station; if they can consider a matching canopy of the gas area as the rest of the buildings, it would be appreciated. Mr. Glass said he will point that out to the developer. Mayor Vandergrift said there is supposed to be a water fountain in the lake and Mr. Glass confirmed that a water feature is one of the conditions of approval in the PSP. Mayor Vandergrift asked if, sticking with the green theory, they have considered having electric chargers for those with electric cars to charge up their vehicles as they are coming in all around the county. Mr. Glass said that is another item they can present to RaceTrac. Commissioner Wilsen asked for clarification on gas station verses service station. Senior Planner Fabre said that service station would be something like a jiffy lube. Commissioner Wilsen asked for clarification on what we are approving. City Planner Rumer said the underline zoning of C2 is still established, they are permitted a special exception via the LDC and in order to have an automotive service station they would have to apply for a special exception before the commission, this is not happening today. The request before you today is for a six lot subdivision with a waiver for the requirement to connect the gas canopy to the main convenience store building. The waiver has a caveat that the minimum size of the gas station has to be 5900 square feet. If it comes in at 5900 square feet gas convenience, then staff is recommending the waiver to not require the canopy at the gas fuel island be connected to the main building. Commissioner Keller expressed resident's concerns regarding the number of trees that will be saved and regarding the placement of a gas station in an area where he feels that residents would prefer restaurants and shops. He added that he hopes this piece of property will turn into what the city's vision was for that area rather than just a money maker for developers and investors. Commissioner Johnson said the zoning provides for a gas station so we are trying to get the best gas station that we can, we do not have many choices about that and we may like other ideas even less. This property has been through many transitions and over the last three years the vision for that area has died from plans falling apart. Commissioner Keller said what he hopes as they go forward and keep the original vision in mind. Commissioner Wilsen said she see Ocoee's downtown as the McKey street area and would rather see gas stations staying out in the area of Highway 50 where this is planned. We are a gateway to many roads and expressways and hotels and gas stations are appropriate on Highway 50. Commissioner Hood said that gas is expensive in the Ocoee area and he welcomes any competition, maybe it will bring the prices down. Mayor Vandergrift confirmed that the gas station would have restrooms. Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing was closed. City Attorney Rosenthal informed the Commission that a small tract is owned by the City of Ocoee, Tract H, so when you approve the PSP, you are also approving it for a parcel owned by the city. Under the amendment to the Maine Street agreement, assuming in starts within a certain time frame, Tract H would be conveyed to the developer. Commissioner Johnson, seconded by Commissioner Hood, moved to approve the Preliminary Subdivision Plan for Ocoee Town Center as presented. Motion carried 5 -0. Page 13 City Commission Regular September 6, 2011 I. REGULAR AGENDA 17. Approval for the Finance Department to Create a Project Budget of $20,000 for Construction of a Columbarium at the City Cemetery using Funds Available from the City's Reserve for Contingency Fund. (CIP Manager Butler) Funeral industry reports indicate that the vast majority of memorial services in the Central Florida area involve cremation, but the City Cemetery presently has no formal means of accommodating cremated remains. One of the traditional ways to accommodate cremated remains is in a columbarium, which is a wall structure with niches for storing urns. City staff has developed a conceptual plan to add a columbarium to the City Cemetery at the present location of a covered pavilion that needs to be demolished due to structural problems. In addition to columbariums, cremated remains are being interred in small in- ground vaults, which may be single or double and sealed with a stone monument cover that is flush with the ground. Staff is investigating the potential for creating separate spaces for cremation vaults in unsold portions of the property. Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve the project budget of $20,000 for the construction of a columbarium and paver deck at the City Cemetery in the current location of the covered pavilion as presented by staff. Motion carried 5 -0. CIP Manager Butler briefly explained the lay -out of the proposed columbarium area. He said that the columbariums have 24 niches on each side, they will be placed around a center bench area with a single bench placed on the opposite side so that visitors will have a view of their niches on either side of the structure. The 900 foot paver area will be built and each columbarium unit will cost about $13,000- $14,000 to construct and include a bench. The rate for niches averages about $2300 so the pay back point would be 9 units. Mayor Vandergrift felt that a policy should include higher prices for non - residents. He added that he and City Clerk Eikenberry will work on changing the Ordinance for the cemetery rules and regulations to incorporate the burial of cremated remains. If we want to consider underground cremation vaults we may want to change the rule that there is only one person per lot allowed for burial. After discussion motion carried 5 - 0. 18. Discussion on Ocoee Business Outreach Workshop. (Mayor Vandergrift) Assistant City Manager Shadrix said that the commission had asked for a meeting to engage the local business community. We tried to schedule the meeting several times because it was made clear that everyone be able to attend. He would like set it up at the community center and described the purpose and guidelines for the meeting as he felt it should take place. He would like to set up a date and have 7 -10 days to advertise the meeting properly. There was also some discussion about considering an Economic Development Commission for the City of Ocoee. Commissioner Wilsen suggested October, since their schedule is so busy throughout October. Mayor Vandergrift, seconded by Commissioner Keller, moved to have staff set -up a meeting on Wednesday, October 19, 2011, at 6:30 p.m. J. STAFF ACTION ITEMS - none Pa — — - -- 14 City Commission Regular September 6, 2011 K. COMMENTS FROM COMMISSIONERS Commissioner Wilsen — 1) inquired if they could look into cancelling the December 20th meeting. Mayor Vandergrift said without objection the December 20 Commission meeting is cancelled. 2) said she would like to suggest that they get consensus to authorize a staff member from the city to go to the P &Z meeting on September 15 regarding the new Hackney Prairie School and to express what they voted on as the Commission. Mayor Vandergrift said he would be attending the meeting to speak against it and will be sure to not be representing the Commission but to speak on his own behalf. After a brief discussion, Mayor Vandergrift said without objection could staff send a representative to attend the P &Z meeting regarding the Hackney Prairie School. 3) inquired if they could have new signs made for the Farmer's Market to help enhance the Farmer's Market. She expressed that the current signs have too much information on the signs and inquired if $1,000 would cover cost of signs. Public Works Director Krug said that he and Jeff Hayes have spoken about simplified signage being created for the Farmer's Market. He further said the sign shop has been in great stowage of their budget this year and any additional funds that the commission would like to designate to their team budget would be greatly appreciated. They are currently looking at doing some banners which will require additional costs. Further discussion ensued regarding the current signage. Commissioner Wilsen, seconded by Commissioner Hood, moved to take $1,000 out of contingency for new signage for the Farmer's Market. Mayor Vandergrift commented that they would be violating the city's sign ordinance if they start to put signs up. A brief discussion ensued regarding the current sign ordinance and making sure we follow our own procedures. After discussion the motion carried 5 - 0. Commissioner Hood- None Commissioner Johnson — 1) inquired about impact fees and said they are one of the highest and in the area and we need to consider changing that so that we do not encourage developers. City Manager Frank said that staff can look into that, possible considering some type of temporary reduction. Consensus, without obiection for staff to review that and bring that information to the October 19 meeting with the business people 2) said something needs to be done with the school traffic on White Road, turning onto Bluford. Chief Brown said that they have written citations and will address the traffic at r Street, Bluford and White Road. He added that bad weather has caused more parents to be in the pick -up line than normal. Commissioner Keller- congratulated CENFLO for the film festival and everyone who worked on it; it was a very successful event. Commissioner Wilsen added her congratulations also. Mayor Vandergrift — announced that the City received checks from state for pension funding $244, 000 for fire and $1 88,000 for police. City Manager Frank said that the funds can only be used for adding additional benefits to the plan and not to fund the plan. 2) said he does shopping at the Winn Dixie from time to time and he was asked by the Ron Francis to use the softball field - -- - — Pa - 15 City Commission Regular September 6, 2011 late night for his store employees. He said he applied to the Parks Department and based on the rules they could not do that. Commissioner Hood suggested the girls club and also Foundation Fields off of SR429. 3) informed Public Works Director Krug that this is a broken sprinkler head right out front in city hall. Mr. Krug said he will take care of it 4) said there is a median strip on Story Road and Bluford; he asked if staff could look at it to put anything in there, perhaps a cactus garden that would not require water. 5) Commissioner Hood asked about the Commissioners pictures being put up on the wall. City Clerk Eikenberry said they are having difficulty getting much response from the 80+ photos needed. There have only been three or four people that agreed to bring /send in pictures and none of them have done so yet. They said to continue working on it ADJOURNMENT The meeting was adjourned at 9:43 p.m. APPROVED: Attest: City of Ocoee )(1.1\e, 2k- • Eike erry, City Cler . Scott Vandergrift, May — — — Page